Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and HoldUs ("Company," "we," "us," or "our") governing your access to and use of our website, applications, and AI-powered relationship support services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any modifications to these Terms constitutes acceptance of those changes.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your account or through a prominent notice on the Service. Changes become effective upon posting unless otherwise specified.

2.1 AI-Powered Service. HoldUs utilizes artificial intelligence technology to provide relationship support and guidance. You explicitly acknowledge and agree that:

• All responses are generated by AI systems, not by human professionals, licensed therapists, counselors, psychologists, psychiatrists, or medical practitioners
• The AI may produce responses that are inaccurate, incomplete, outdated, inappropriate, or potentially harmful
• AI responses are generated based on patterns in training data and may not account for your specific circumstances, cultural context, or individual needs
• The AI cannot read body language, detect emotional cues, or understand context the way a human professional can

2.2 Not Professional Services. The Service is provided for informational and educational purposes only. It is expressly NOT:

• Therapy, psychotherapy, or any form of mental health treatment
• Marriage counseling, couples therapy, or family therapy
• Medical advice, diagnosis, or treatment
• Legal advice or legal services
• Financial advice or planning services
• Crisis intervention or emergency services
• A replacement for professional consultation with licensed practitioners

2.3 No Professional Relationship. Your use of the Service does not create any professional-client, therapist-patient, physician-patient, attorney-client, or fiduciary relationship between you and the Company or any of its employees, contractors, or affiliates.

2.4 Professional Licensing. Neither the Company nor the AI service holds any professional licenses to practice therapy, counseling, psychology, psychiatry, medicine, law, or any other regulated profession. The Company makes no claim to possess such licenses.

2.5 Seek Professional Help. If you are experiencing relationship difficulties, mental health challenges, or any personal crisis, we strongly encourage you to consult with appropriately licensed professionals, including but not limited to:

• Licensed Marriage and Family Therapists (LMFT)
• Licensed Clinical Social Workers (LCSW)
• Licensed Professional Counselors (LPC)
• Psychologists (PhD, PsyD)
• Psychiatrists (MD)
• Your primary care physician

3.1 Emergency Services. If you or someone you know is in immediate danger, experiencing a medical emergency, having thoughts of self-harm or suicide, or is in any life-threatening situation:

• Call 911 (or your local emergency number) immediately
• Call or text 988 (Suicide and Crisis Lifeline) for mental health crises
• Call 1-800-799-7233 (National Domestic Violence Hotline) for domestic abuse
• Go to your nearest emergency room
• Contact a mental health crisis center in your area

3.2 Not Equipped for Crises. The Service is not designed, equipped, or intended to handle crisis situations. We cannot:

• Dispatch emergency services
• Guarantee response times
• Provide real-time crisis intervention
• Monitor your messages for emergencies on a 24/7 basis with human oversight
• Contact emergency services on your behalf

3.3 Your Responsibility. You agree that you are solely responsible for seeking appropriate emergency assistance when needed and that you will not rely on the Service in any emergency or crisis situation.

4.1 Age Requirement. You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or provide services to individuals under 18.

4.2 Geographic Restriction. The Service is currently available only to users located in the United States. By using the Service, you represent and warrant that you are located in the United States. We reserve the right to restrict access based on geographic location.

4.3 Account Registration. To access the Service, you must create an account using Google OAuth authentication. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access
• Not share your account with others or allow others to access your account

4.4 Account Termination. We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Abusive, harmful, or inappropriate use of the Service
• Providing false information
• Non-payment of subscription fees
• Extended periods of inactivity
• Request by law enforcement or government agencies

5.1 Free Tier. Users may access limited functionality without a paid subscription, including up to 5 messages per day. Free tier limits reset daily at midnight UTC. Free tier access may be modified or discontinued at any time.

5.2 Paid Subscription. The paid subscription is $39.00 USD per month, billed monthly. Subscription features and pricing are subject to change with notice to existing subscribers.

5.3 Free Trial. New subscribers receive a 7-day free trial. Credit card information is required to start the trial. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee. The trial period is 7 days from the date of signup.

5.4 Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless cancelled. You authorize us to charge your payment method on file for recurring subscription fees.

5.5 Cancellation. You may cancel your subscription at any time through the Stripe Customer Portal accessible from your account settings. Upon cancellation:

• You retain access until the end of your current billing period
• No partial refunds are provided for unused portions of a billing period
• Your account reverts to free tier access after the billing period ends

5.6 Refund Policy. Due to the nature of digital services, all sales are final and non-refundable except:

• Where required by applicable law
• In cases of documented technical failures preventing access to paid features
• At our sole discretion for exceptional circumstances

5.7 Payment Processing. Payments are processed by Stripe, Inc. Your payment information is handled directly by Stripe and is subject to Stripe's terms of service and privacy policy. We do not store your complete credit card information on our servers.

5.8 Usage Limits. To ensure service quality and prevent abuse, paid subscribers are limited to 1,000 messages per day. We reserve the right to modify usage limits at any time.

6.1 Prohibited Uses. You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Harass, abuse, threaten, or incite violence against any person or group
• Submit content that is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable
• Attempt to manipulate or "jailbreak" the AI to produce harmful outputs
• Use the Service for any commercial purpose without our express consent
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to train other AI models or create competing services
• Submit content involving minors in any inappropriate context
• Facilitate or promote illegal activities

6.2 Content Monitoring. While we do not actively monitor all user content, we reserve the right to review, remove, or disable access to any content that violates these Terms or is otherwise objectionable, at our sole discretion and without notice.

6.3 Reporting Violations. If you encounter content or behavior that violates these Terms, please contact us immediately.

7.1 Data Collection. We collect and process the following information:

• Account information (email address, name from Google OAuth)
• Country of residence (for geographic eligibility)
• Conversation history with the AI
• Subscription and payment status (payment details handled by Stripe)
• Usage data and analytics

7.2 Third-Party Processors. Your data may be processed by the following third parties:

• OpenAI: Your messages are sent to OpenAI's API to generate AI responses. OpenAI processes this data according to their terms and privacy policy.
• Stripe: Payment processing and subscription management
• Google: Authentication via Google OAuth
• Railway: Cloud hosting infrastructure

7.3 Data Retention. We retain your conversation history to provide contextual guidance across sessions. You may request deletion of your data by contacting us, subject to any legal retention requirements.

7.4 Data Security. We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

7.5 No HIPAA Compliance. The Service is NOT compliant with the Health Insurance Portability and Accountability Act (HIPAA). Do not submit protected health information (PHI) that you expect to be handled in accordance with HIPAA requirements.

7.6 Sensitive Information Warning. You should be aware that information you share may be processed by AI systems and stored in our databases. Exercise caution when sharing sensitive personal information.

8.1 Our Content. The Service, including its design, features, content, and AI technology, is owned by the Company and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.

8.2 Your Content. You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your content as necessary to provide the Service.

8.3 AI-Generated Content. Content generated by the AI in response to your inputs is provided for your personal use. You may not claim exclusive ownership of AI-generated responses, and such content may be similar or identical to content provided to other users.

8.4 Feedback. Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you or keep such information confidential.

9.1 "AS IS" Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Warranty of Accuracy. WE DO NOT WARRANT THAT:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• AI responses will be accurate, reliable, complete, or appropriate for your situation
• Any errors in the Service will be corrected
• The Service will be compatible with your devices or software

9.3 No Professional Advice Warranty. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND. YOU ACKNOWLEDGE THAT THE AI IS NOT A LICENSED PROFESSIONAL AND CANNOT PROVIDE THERAPY, COUNSELING, MEDICAL ADVICE, LEGAL ADVICE, OR ANY OTHER PROFESSIONAL SERVICES.

9.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from your reliance on AI-generated content
• Any damages arising from decisions made based on the Service
• Any damages arising from your relationship or personal circumstances
• Any damages exceeding the amount you paid for the Service in the 12 months preceding the claim

9.5 Basis of the Bargain. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

9.6 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of any third party
• Any content you submit to the Service
• Any decisions or actions you take based on the Service
• Your failure to seek appropriate professional help when needed

11.1 Governing Law. These Terms and any dispute arising from them shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Informal Resolution. Before filing any formal legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

11.3 Arbitration Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Delaware or, at your election, via telephone or video conference.

11.4 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

11.5 Exceptions. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

11.6 Opt-Out. You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms.

12.1 No Guarantee of Availability. We do not guarantee that the Service will be available at all times. The Service may be subject to interruptions, delays, or errors due to maintenance, updates, or circumstances beyond our control.

12.2 Right to Modify. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12.3 AI Model Changes. The AI technology powering the Service may be updated, replaced, or modified at any time. Such changes may affect the quality, style, or nature of AI responses.

13.1 Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service.

13.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, or failure of third-party services.

13.6 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

If you have any questions about these Terms, please contact us at:

Email: [email protected]

By using HoldUs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.