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. Detailed information about each tier is available on our pricing page. We reserve the right to modify, add, or remove features from any tier at any time, with reasonable notice to our users.

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 accordingly, 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.

• Per-seat pricing. HeartWeave is priced per person, per month. Each member of a container is a seat, at US$99 per seat per month.
• One payer per container. The person who starts a container pays for it, covering every seat inside it. People you invite join at no cost to themselves. 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 active seats in the container, and adding or removing members changes what you are billed. On mobile, HeartWeave is sold as fixed packages by seat count: Solo (1), Couple (2), Small Group (3), Family (4), and Group (6).
• 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 governed additionally 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 accordingly, but the refund itself is processed by the platform you bought through.

4.1 Nature of the Service

Blue is an AI-powered assistant designed to provide support, guidance, and tools for personal growth. The Service uses artificial intelligence to generate responses based on your inputs and conversational context. You acknowledge and understand that:

• Responses are automatically generated by AI, not provided by human professionals
• The quality and relevance of responses depend on the information you provide
• The AI continues to evolve and improve based on technological advancements

4.2 Not a Substitute for Professional Services

4.3 No Guaranteed Outcomes

While we strive to provide valuable assistance, we do not guarantee any specific outcomes, results, or transformations from using our Service. Personal growth and development depend on numerous factors, including your level of engagement, consistency, and individual 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

Any such intervention will be conducted with the utmost respect for user privacy and in compliance with our Privacy Policy and applicable laws.

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, you retain 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 for the purpose of providing and improving our Service.

Regarding AI-generated outputs that result from your interactions with Blue:

• You may use these outputs for your personal or internal business purposes
• You may not claim copyright or other intellectual property rights in the raw AI-generated outputs
• You may claim rights in materials you create that incorporate or modify AI outputs with your own significant creative input
• You may not resell or redistribute raw AI outputs as a competing product or service

7.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding our Service, you grant us the right to use this feedback without restriction or compensation to you. We value your input and may use it to improve our Service for all users.

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 a private/shared wall keeps your private room from ever crossing into the shared space (see our Privacy Policy, Section 9). We implement robust security measures to protect your conversations and personal data across all products.

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 employ industry-standard security measures to protect your information, including encryption of data in transit and at rest. However, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security.

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. 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 and 9.4.

9.1 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.

9.2 No Guarantee of Accuracy

While we strive to provide helpful and accurate information, we do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service. AI-generated content may sometimes contain errors, inaccuracies, or material that could be deemed inappropriate for certain users.

9.3 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

9.4 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 AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

10.1 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

10.2 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

10.3 Survival

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.1 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.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 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.

14.1 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.

14.2 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.

14.3 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.

14.4 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.

14.5 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.