Terms of Service

These Terms of Service ("Terms") are a legal agreement between You (or "you") and SelfActualize.AI ("Selfactualize", “us", " our", and " we") and govern your use of all Services that we may make available to you, including through our website at SelfActualize.AI (“Website”) and through our applications (together, the “App”), together with any content, tools, features and functionality offered on or through our Website and App (collectively the"Services").  By visiting, accessing, using, and/or joining (collectively “use” or "using") the Services, you acknowledge and accept these Terms.   IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT CREATE AN ACCOUNT WITH US OR DO NOT USE THE SERVICES.  

1. Eligibility and Use of the Services

a. General

  1. To access our Services, you must create an account (an “Account”) with us.  You must be at least eighteen (18) years of age to use our Services and create an Account.  DONOT CREATE AN ACCOUNT WITH US IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE.  By Using the Services and creating an Account, you represent that you have reached at least the age of eighteen (18) years.
  2. You are responsible for all activities that occur in your Account, and you represent that all information that you provide to us in creating your Account is complete and accurate.  You have a continuing obligation to update such information when it changes.  You are responsible for the confidentiality of your access credentials to the Account.  You shall not allow another person to use your Account.  If you suspect any unauthorized use of your Account, you shall promptly notify us by writing to contact@selfactualize.ai.
  3. You are entirely responsible for all materials that you submit, upload, post, make available, or otherwise transmit while using the Services, including any communications or information shared with our AI Coaches (collectively, "Content").  You agree that any disclosure of information in Content that may make you personally identifiable is at your own risk and you have the complete discretion not to reveal such information.  However, if you choose to reveal any information that may make you personally identifiable, there is no guarantee such Content can be withdrawn.   As used in these Terms, “AI Coach” means and refers to any AI coach created using our Services.
  4. We reserve the absolute right to discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  We have no responsibility to store Content uploaded by you via our Website or Apps and while using your Account.   We also reserve the right to delete any Account that is inactive for more than six (6) months.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
  5. You hereby expressly authorize us to monitor, record and log your use of the Services.  Furthermore, as a condition of your use of the Services, you agree to abide by all applicable local, state, national and international laws, not to use the Services in any way that exposes us to criminal or civil liability; not to use or attempt to use any other party's Account without authorization; not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or content from the Services; not to disable, circumvent, or otherwise interfere with security features of the Services; not to "frame" or "mirror" the Services; and not to rent, lease, sell, sublicense, or reverse engineer the Services or any portion of it.  You agree not to remove any proprietary notices from the Services.
  6. You also agree not to upload any Content that (i) infringes the Intellectual Property (as defined below) or proprietary rights of any party, or you have no right to upload under any contractual obligation, (ii) may contain viruses, computer code or programs that may interrupt or destroy the functionality of our Services in any way, (iii) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable, (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam, or any other form of solicitation, that restricts or inhibits any other person from using or enjoying the Services or exposes us or our users to any harm or liability of any type.  You are solely responsible for all acts and omissions that occur because of your use of the Services.
  7. You grant us a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use Content for any Selfactualize.ai related purpose in any form, medium, or technology now known or later developed.

b.      Responsibilities for AI Interactions

  1. We do not represent, in any manner or form, that we have the requisite third party permissions and consents that may be required to create our AI Coaches (who are based on real individuals).  You fully understand and acknowledge that by using our Services and interacting with the AI Coaches via our Website and/or App, you are just participating in an immersive experience and there is no representation or acknowledgement from us to you that any of our AI Coaches have been created, trained, or in any manner endorsed (unless we have clearly indicated otherwise) by the individual whose AI version you are accessing through our Services.  You are responsible for your interactions with any AI Coach accessed via our Services, and your overall use of the Services, and you do so at your own risk.
  2. You understand and acknowledge that the Responses (as defined herein) by AI Coaches are not responses by any real individual. Responses by AI Coaches must not be relied upon as medical or any form of professional advice or guidance.   As used in these Terms, “Responses” shall mean and include any text, image, audio, video, or any other content generated by an AI Coach, whether independently or in response to your Content, during your use of our Services.
  3. Please be aware that our Services are based on large language model (LLM), and LLMs, may produce false or misleading statements.
  4. You should be aware that your conversations with an AI Coach will be accessible by us.  Conversations may be seen in their entirety or in a summarized version.  As such, you are strongly advised not to disclose sensitive or confidential information when interacting with any AI Coach.
  5. All Responses will be owned by us and not by you.  You acknowledge and agree that while providing the Services we may use, analyze, and otherwise exploit the Responses, even where identical to Content, for any purpose in any form, medium or technology now known or later developed, subject to these Terms.

2. Intellectual Property

"Intellectual Property" means but is not limited to trademarks, service marks, patents, copyrights, privacy and publicity rights,words, graphics, logos, and any and all intellectual property.  Our Services may contain our Intellectual Property as well as Intellectual Property of our affiliates or other companies or individuals.  Your use of our Services does not constitute any right or license for you to use such Intellectual Property except to access our Services.  The copying, redistribution, use, or publication by you of any portion of our Services,other than as authorized herein, is strictly prohibited.  Your use of our Services does not grant you ownership rights of any kind in our Services. We reserve all rights not expressly granted to you in these Terms.  The legal environment around the use of generative artificial intelligence (AI) technology is still evolving and by choosing to use our Services you acknowledge and agree that we provide no representation regarding our right to access, use, or exploit the Intellectual Property that may have been used as input data to create and train our AI Coaches.  The ownership of Responses may also be ambiguous, but as stated above, to the greatest extent legally permissible, Responses will be owned by us.  By uploading any Content, you represent and warrant that you have all rights, title, and interest in and to such Content, including all applicable Intellectual Property rights,or are otherwise permitted to use them for the applicable purposes.  Any rights not expressly granted herein are reserved by us.  

3. Third Party Content

You understand and acknowledge that, when using the Services,you may be exposed to content from a variety of sources outside of our control(collectively, "Third-Party Content") and that we do not control and are not responsible for any Third-Party Content, even if you find such Third-Party Content to be inaccurate, offensive, indecent, or otherwise objectionable.  If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content, and assume no responsibility for the conduct of others submitting any such content.  

4. No Support or Maintenance

You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.

5. License

Subject to these Terms, we grant you are vocable, non-exclusive, non-transferable, and limited license to use the Services ("License"), on your computer, smartphone, tablet, or other device.  You may only access and use the Services for your personal use and shall not use them for any commercial use.  This License is terminable by us at will for any reason, within our sole discretion, with or without prior notice to you.  We authorize your use of these Services only for permitted purposes as stated in this Section and solely for your own benefit.  Any other use is prohibited and, therefore, violates the Terms and may lead to the deletion of your Account.  You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity(e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send,perform, reproduce, publish, license, create derivative works of, transfer,sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to our Website or App.

6. Privacy

Your use of our Services is also subject to our Privacy Policy.  We reserve the right to amend the Privacy Policy at any time and your continued use of the Services following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.  Our Services are intended for use by United States residents only.  If you are located outside the United States, by submitting your Content to us, you understand and acknowledge to have your Content transferred to the United States, or another jurisdiction which may not offer the same level of privacy protection as those in the country where you are located. 

7. Subscription Based Service

Your access to our AI Coaches will be based on a subscription model and these Terms also constitute a subscription agreement between us.  By creating an Account, you consent to providing your email address, first name and credit card information.   You acknowledge that you are obtaining only a limited right to the Services and that irrespective of any use of the words "purchase", "sale" or like terms in these Terms, or elsewhere in our Website or App, no ownership rights are being conveyed to you and we retain all right, title and interest in and to the Services, integrations with the Services, and any and all related and underlying technology and documentation and any derivative works,modifications or improvements.  You acknowledge that we reserve the right to charge for any or all our Services and to change our fees from time to time in our sole discretion.  If at any time we terminate your right to use the Services because of a breach of these Terms, you shall not be entitled to are fund of any portion of your fees.  All our payment or subscription is facilitated using our limited Stripe Connect account.

8. Disclaimer of Warranties and Limitation of Liabilities

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

OUR SERVICES ARE PROVIDED "AS-IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,IMPLIED, OR STATUTORY.  WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.  YOUR SUBMISSION OF ANY SENSITIVE OR PERSONAL INFORMATION WHILE ACCESSING OUR SERVICES, INCLUDING THOSE PROTECTED BY HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, 1996 OF THE USA (HIPAA), ARE ENTIRELY WITHIN YOUR CONTROL.  BY USING THE SERVICES AND CHOOSING TO DISCLOSE SUCH CONTENT, YOU AGREE TO RELEASE US FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO SUCH DISCLOSURES AND ASSUME ALL RISKS ASSOCIATED WITH SUCH DISCLOSURES.  PLEASE BE ADVISED THAT OUR SERVICES SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.  RESPONSES GENERATED BY OUR AI COACHES ARE BASED ON PUBLICLY AVAILABLE INFORMATION AND PATTERNS WITHIN THE DATA THEY HAVE BEEN TRAINED ON.  IT IS IMPORTANT TO CONSULT WITH QUALIFIED PROFESSIONALS FOR SPECIFIC GUIDANCE TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES. WE DO NOT GUARANTEE THE COMPLETENESS, ACCURACY, RELIABILITY,SUITABILITY, OR AVAILABILITY OF THE RESPONSES. RELIANCE ON ANY INFORMATION PROVIDED BY US, INCLUDING THE RESPONSES,IS SOLELY AT YOUR OWN RISK.   

WE SHALL NOT BE LIABLE FOR AN INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE WHICH MAY ARISE FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY RELATED INFORMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONT HE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES.  OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED HERE UNDER SHALL NOT EXCEED FIVE HUNDRED US DOLLARS ($500). IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USER OF THE SERVICES.

9. Release and Indemnity

You agree to release and indemnify, defend and hold harmless us, our affiliates, officers,directors, employees, agents, and third party service providers from and against any and all claims, demands, causes of action, losses, expenses,damages and/or liabilities, including reasonable legal fees and court costs,arising from or related to your use of the Services, Content, your breach of these Terms, or any infringement by you, or any third party using your Account,of any Intellectual Property or other rights of any person or entity.

10. General

These Terms along with our Privacy Policy constitute the entire agreement between you and SelfActualize.AI and govern your use of our Services, superseding any prior agreements between you and us with respect to the Services.  These Terms, and any disputes arising from it, will be governed exclusively by California law, and the courts and venues within San Francisco County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms or its formation, interpretation, or enforcement. Each party consents and submits to the exclusive jurisdiction of such courts.  If any provision of this Agreement is deemed to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.   We appreciate feedback, comments, ideas, proposals,and suggestions for improvements.  If you provide us feedback, you hereby grant provide to us a perpetual, non-revocable,royalty-free worldwide license to use and/or incorporate such feedback into any of our product or service at any time at our sole discretion. No failure or delay by us in exercising any right, power, or remedy under this Agreement  shall operate as a waiver of any such right, power, or remedy.  No waiver shall be effective unless it is in writing and signed by us.  We reserve the right to send you emails for the purpose of informing you of changes or additions to the Services.  We reserve the right to disclose information about you and your usage of the Service that does not reveal your personal identity.  By agreeing to create an Account with us you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails or messages.  You can easily unsubscribe from our marketing emails by following the opt-out instruction in these emails. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time with or without notice. If we do this, we will indicate at the top of this page the date these terms were last revised.  Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the App or Website or changes made for legal reasons will be effective immediately.  Your continued use of the Website, App and/or Services after the date any such changes become effective constitutes your acceptance of the new Terms. 

11. Contact

If you have any questions about our Services, or to report any violations of these Terms or Privacy Policy, please contact us at contact@selfactualize.ai.