Terms of Service

2.1 Account Registration

To access certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

2.2 Age Requirement

Our Service is intended for users who are at least 18 years of age. By using this Service, you represent and warrant that you are at least 18 years old. If we discover that a person under 18 has created an account, we may terminate it immediately.

2.3 Account Tiers and Features

We offer multiple subscription tiers with varying features and capabilities. The specific features available to you depend on the subscription tier you select. The features and price of each tier are shown on the page for that product and at checkout. We reserve the right to modify, add, or remove features from any tier at any time, with reasonable notice to our users. A feature we label beta, preview, or early access is still being built: it may change, pause, or be withdrawn without notice, and it is not part of what a paid tier promises until the label comes off.

3.1 Subscription Fees

Access to certain features of our Service requires a paid subscription. Subscription fees are clearly displayed before purchase and during the checkout process. By subscribing to a paid tier, you agree to pay all applicable fees.

3.2 Billing Cycle

We offer monthly billing, and annual billing where available for your product and plan (HeartWeave is billed monthly). When you select an annual subscription, you are committing to a full year of service, billed either as a one-time payment or in accordance with the payment schedule presented at checkout.

For monthly subscriptions, your payment method will be charged on the same day each month. For annual subscriptions, your payment method will be charged on the same day each year, unless you cancel before your renewal date.

3.3 Automatic Renewal

All subscriptions automatically renew unless cancelled by you before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

3.4 Refunds

We offer a 30-day money-back guarantee for new subscribers who are not satisfied with our Service. This guarantee applies to subscriptions purchased on the web: if you cancel within 30 days of your initial subscription purchase, you may request a full refund by contacting our support team at [email protected].

For subscriptions purchased through the Apple App Store or Google Play, refunds are handled by Apple or Google under their own refund policies. Contact us and we will help and revoke access to match, but the refund itself is processed by the store you purchased through.

After the 30-day period, subscription fees are generally non-refundable, and no refunds or credits will be provided for partial subscription periods or unused portions of subscriptions. However, we may consider refund requests on a case-by-case basis for exceptional circumstances.

3.5 Price Changes

We may change our subscription fees at any time, but we will provide reasonable notice before any price change takes effect. Price changes will not affect existing subscription periods but will apply upon renewal. If you do not agree with a price change, you may cancel your subscription before the next renewal date.

3.6 Taxes

All fees are exclusive of taxes, which may be added to the subscription price based on your location and applicable laws. You are responsible for paying all taxes associated with your use of the Service.

3.7 HeartWeave Subscriptions

HeartWeave is billed differently from our other products. The following terms apply to HeartWeave.

• Container pricing. A HeartWeave container holds 1 to 5 people. When one person covers everyone, the container is priced by the number of people in it: US$99 a month for one person, US$196.99 for two, US$290 for three, US$379 for four, and US$469 for five. A member can instead pay for their own seat at US$99 a month.
• Who pays. The person who starts a container can pay for it, covering every seat inside it, or each member can pay for their own seat. How co-members choose to share that cost between themselves is up to them and is not handled by us.
• Seats and plans. Web subscriptions are billed for the number of people in the container, and adding or removing members changes what you are billed. In the iOS or Android app, you choose how many people the container holds, from 1 to 5. Prices are the same on the web and in the app; the app stores charge in your local currency.
• Where you subscribe. Subscriptions started on the web are billed through Stripe. Subscriptions started in our iOS or Android app are billed through Apple or Google in-app purchase and are also governed by that platform's terms.
• No free trial. HeartWeave does not offer a free trial. Your subscription is charged from the start. You can open a free private reflection room without a subscription; shared spaces unlock when you subscribe.
• Cancellation. You can cancel a container at any time. Canceling ends billing for that container's seats at the end of the current period, and closes its shared space.

30-day money-back guarantee. If HeartWeave is not right for you, contact us within 30 days of your initial container purchase at [email protected] for a full refund. This applies to purchases made on the web. For subscriptions purchased through Apple or Google, refunds are issued by Apple or Google under their policies; we will help and will revoke access to match, but the refund itself is processed by the platform you bought through.

3.8 Teams Subscriptions

Teams by Activated Human is bought by an organization, not by the people on the team. The following terms apply to Teams.

• The organization buys the seats. An organization purchases seats for the members of its team and is the paying customer. If you are a member, you join the seat your organization bought and pay us nothing.
• Per-seat pricing. Teams is priced per person, per month: US$129 per person month to month, or US$99 per person on an annual commitment. Three seats is the minimum. Seat checkout is not self-serve today: the person who sets the team up arranges it with us and pays through Stripe on the web. Nothing is sold inside the app.
• The pilot. A team can start with one full Team Mirror cycle for up to 15 people at US$990 flat. That fee is credited to the first year if the team continues.
• Your account stays yours. Paying for a seat buys the organization access for its people. It does not make the organization the owner of your account, your conversations with Teal, or your work profile, and it does not give the organization or your team lead a right to read them. Section 8.1 states what the lead can see. If your organization removes you from a seat, you lose access to that team's shared surfaces, and your account and its content stay yours. If your organization's subscription ends, your seat ends with it. You then have 30 days to export your conversations with Teal and your work profile, after which that account and its data are deleted. Section 7.2 covers what you own in the meantime.
• Changing seats and cancellation. Monthly seats prorate in both directions. Annual plans can add seats at any time and true up at renewal. An organization can cancel at the end of its current period, which ends its members' seats and starts the 30-day export window described above.

4.1 Nature of the Service

Blue, Teal, and the HeartWeave guide are software. They generate text from what you write and the context of the conversation, using AI models licensed from the vendors named in our Privacy Policy. You acknowledge that:

• Responses are automatically generated by AI, not provided by human professionals
• The quality and relevance of responses depend on the information you provide

4.2 Not a Substitute for Professional Services

4.3 No Guaranteed Outcomes

We do not guarantee any outcome, result, or change from your use of the Service. What you get out of it depends on factors outside our control, including how you use it and your own circumstances.

4.4 User Responsibility

You are responsible for:

• Evaluating the guidance provided by Blue and determining its appropriateness for your situation
• Actively engaging with the Service to achieve your desired outcomes
• Seeking professional help when needed, especially for serious concerns
• Using the Service in a manner that promotes your well-being and safety

6.1 Crisis Detection

While Blue may be programmed to detect potential crisis situations based on user inputs, this feature is not guaranteed to identify all instances of crisis or emergency. The AI may suggest emergency resources if certain patterns are detected, but this functionality:

• Is not a substitute for professional crisis intervention
• May not detect all crisis situations
• Does not provide real-time monitoring or intervention

6.2 Intervention Rights

In rare cases where we have reason to believe a user's safety or the safety of others is at immediate risk, we reserve the right to:

• Temporarily suspend access to the Service
• Provide information about crisis resources
• Take other appropriate actions to promote safety
• Contact emergency services in extreme circumstances, in accordance with applicable laws

We will take any such action in accordance with our Privacy Policy and applicable law, and will limit it to what the circumstances require.

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, and AI technology, is owned by Activated Human LLC and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Activated Human LLC.

7.2 User Content and AI Outputs

When you communicate with Blue, Teal, or the HeartWeave guide, you keep ownership of the content you provide. By submitting content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely to provide the Service to you and to keep it working.

The outputs the Service generates for you are yours too. To the extent we hold any rights in them, we assign them to you. You can use them however you like, with two limits:

• You may not resell or redistribute raw outputs as a competing product or service
• Outputs are not unique to you: the models we use may produce the same or similar text for someone else, and that text is theirs, not yours

In Teams, the Team Mirror belongs to the organization that bought the seats. Your own conversations with Teal and your work profile stay yours.

7.3 Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use them for any purpose, without compensation or attribution to you. Please do not send us feedback you consider confidential or proprietary.

7.4 Your Content and Other People

What you share with us often involves other people: a photo with someone in it, a voice note of a conversation, calendar events with attendees, a message your partner sent you, something a colleague said. You confirm that you have the right to share what you share, including any consent the people in it would expect. In HeartWeave and Teams, another member's words in a shared space are theirs; you may not take them outside the space without that person's consent, as Section 5 says.

8.1 Conversation Confidentiality

In Blue, your conversations are private and confidential: each user has a dedicated AI companion that maintains strict 1:1 confidentiality. In HeartWeave, your private room is confidential to you, while shared spaces are visible to the other members of your container, and nothing from your private room ever crosses into the shared space (see our Privacy Policy, Section 10). In Teams, your conversations with Teal are private to you: your team lead and your organization never see them, and what reaches your lead is only what you send by your own act plus the Team Mirror, which is the same for every member (see our Privacy Policy, Section 11). We protect your conversations and personal data with the security measures described in our Privacy Policy, across every product.

8.2 Data Control

You maintain control over your data and can request deletion of your account and associated data at any time, subject to our data retention policies as outlined in our Privacy Policy.

8.3 Data Security

We encrypt your data in transit and at rest and restrict production access to named staff. The controls we run, and every company that receives your data, are listed on our Security page. No method of electronic storage or transmission is completely secure, and we do not warrant that the Service will be free of unauthorized access.

8.4 Account Closure and Deletion

How closure and deletion work depends on the product. For Blue, closing your account is a reversible soft close: contact us and we cancel your billing, remove paid access, and mark the account closed while preserving your history, and you can request permanent, irreversible deletion of your personal data at any time. For HeartWeave, deletion is available in the app and is immediate and permanent for the data that is yours alone; because a HeartWeave container may include other people, messages you contributed to a shared space that other members still use are anonymized rather than destroyed, so the other members retain their side of a shared history. For Teams, your organization can end your seat, which ends your access to that team's shared surfaces. Your conversations with Teal and your work profile are yours, and deleting your account erases them along with the rest of your personal data, as described in our Privacy Policy, Section 11. Deleting one product's data does not delete your Activated Human sign-in, which is shared across our products; to remove that sign-in entirely, contact us. Full detail is in our Privacy Policy, Sections 4, 10.4, and 11.

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY DEFECT WILL BE CORRECTED. WHERE APPLICABLE LAW REQUIRES WARRANTIES THAT CANNOT BE DISCLAIMED, THOSE WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SERVICE.

11.2 No Guarantee of Accuracy

We do not warrant the accuracy, completeness, or usefulness of anything the Service produces. AI-generated content can be wrong, out of date, or unsuitable for your situation, and you are responsible for deciding whether to rely on it.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACTIVATED HUMAN LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY CONTENT OBTAINED FROM THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

11.4 Limitation of Damages

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM AND (B) FIFTY US DOLLARS (US$50).

Nothing in this Section limits liability for fraud, for death or personal injury caused by negligence, or for anything else the law says cannot be limited. Where you live in a place whose consumer-protection law gives you stronger rights, that law wins over this Section.

13.1 Your Right to Terminate

You may terminate your account and subscription at any time by following the cancellation instructions in your account settings or by contacting our support team. Upon cancellation:

• You will retain access to the Service until the end of your current billing period
• You will not receive a refund for the current billing period (except as provided in Section 3.4)
• Your account data will be retained in accordance with our Privacy Policy

13.2 Our Right to Terminate

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination:

• Your right to use the Service will cease immediately
• We may deactivate your account and access to the Service
• We will handle your data in accordance with our Privacy Policy

13.3 Survival

Sections 5, 7, 8, 11, 12, 13.3, 14, and 18 survive termination of these Terms, together with any payment obligation you incurred before termination and any other provision that by its nature should outlast it.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Before either of us files anything, we talk. Write to [email protected] with a description of the dispute and what you want, and we will do the same to you. Most problems are faster to solve that way. If we have not resolved it within 60 days of that notice, either of us may start arbitration.

Arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator, in New Jersey or by video, or where you live if you prefer. We pay the arbitration filing and arbitrator fees beyond the first US$200, and each side pays its own lawyers unless the arbitrator or the law says otherwise. The arbitrator can award anything a court could, to you individually.

Small claims. Either of us may bring an individual claim in small claims court instead, if it qualifies there.

Your right to opt out. You can reject this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with your name, the email on your account, and a line saying you opt out of arbitration. Opting out does not affect anything else in these Terms. If we later change this Section, you get a fresh 30 days to opt out of the change.

If arbitration does not apply, whether because you opted out or because a court finds this Section unenforceable, disputes go to the state and federal courts located in New Jersey, and each of us submits to their jurisdiction. Consumers in the EEA and the UK keep the right to bring a claim in their own local courts.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

16.1 California

Under California Civil Code Section 1789.3, California users are entitled to the following notice. The provider of the Service is Activated Human LLC, 111 Town Square Pl, Ste 1238 #406745, Jersey City, NJ 07310. The fees for the Service are set out on the page for each product and at checkout, and are shown to you before you pay. To file a complaint about the Service, or to ask for more information about it, email [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

California residents also have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including the right to know what personal information we collect, to delete it, to correct it, and to opt out of its sale or sharing. We do not sell or share personal information. Our Privacy Policy describes these rights and how to exercise them.

16.2 States with comprehensive privacy laws

If you live in Colorado, Connecticut, Virginia, Texas, Oregon, Montana, Utah, Iowa, Indiana, Tennessee, or another state with a comprehensive consumer privacy law, you may have the right to access, correct, delete, and obtain a copy of your personal data, and to opt out of its sale, of targeted advertising, and of certain profiling. Our Privacy Policy describes these rights and how to exercise them.

16.3 Nevada

Under Nevada Revised Statutes Chapter 603A, Nevada residents may direct us not to sell certain information we have collected about them. We do not sell that information. To submit a request anyway, email [email protected].

16.4 New Jersey

Nothing in these Terms waives a right that cannot be waived under New Jersey law. If any provision of these Terms is void, unenforceable, or inapplicable to New Jersey residents under New Jersey law, that provision does not apply to New Jersey residents, and the rest of these Terms continues to apply.

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Activated Human LLC regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Activated Human LLC.

18.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.

18.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, power failures, internet disturbances, or service provider failures.

18.6 Electronic Communications

By using the Service you consent to receive communications from us electronically, by email to the address on your account or by notice posted in the Service. Those communications satisfy any legal requirement that a communication be in writing.

18.7 Export Controls

You agree not to use, export, or re-export the Service or anything you obtain from it in violation of United States export control laws or the export control laws of any other country that applies to you.

18.8 Interpretation

In these Terms, "including" means "including without limitation." Section headings are for convenience and do not affect how these Terms are read.