Terms of Service

Agreement to Terms

By using the services provided by Cartha AI, Inc. ("Cartha AI", "we", "our"), which includes our digital platform and conversational AI, you accept and agree to abide by this Service Agreement. Furthermore, your engagement signifies your acknowledgment of our Privacy Policy and any associated guidelines. If you do not concur with our terms, we kindly ask that you abstain from using our services.

Cartha AI aims to provide a confidential, AI-driven conversational support tool that is available 24/7. As users engage with our services, we gain insights that assist in improving our cutting-edge technology, with the intent to achieve even more intuitive and captivating interactions. It is crucial to understand that the development and refinement of this technology is ongoing, and its nature remains experimental. While Cartha's objective is to be of aid, it is vital for users to interpret and evaluate its statements with discretion.

To enrich your experience, we may utilize your text data to enhance our service's efficacy. Please refer to our Privacy Policy for comprehensive information on data handling. Adhering to our User Guidelines is mandatory for uninterrupted service access. It's essential to note that not all the information dispensed by our services is guaranteed to be precise. We strongly advise cross-referencing details prior to basing any decisions on them.

Cartha is designed to be a supplementary AI-powered mental wellness and self-help tool and is not intended to supplant or stand in for the expert services, advice, diagnosis, or treatment provided by licensed medical professionals or therapists. Always seek the advice of your physician, therapist, or other qualified health provider with questions regarding a medical or psychological condition. If you are in crisis, emergency, or danger, contact emergency services immediately.

Regulatory Status — Well-Being Tool, Not Medical Device

Cartha provides AI-assisted talk-therapy–style conversations intended only for general mental-wellness and self-help. Cartha is not an FDA-cleared or CE-marked medical device, does not diagnose conditions, and is not a substitute for professional care. No practitioner–patient relationship is created. All clinical decisions remain the sole responsibility of you and your qualified health-care provider.

AI Model Limitations

Outputs may contain errors or "hallucinations"; always verify before acting. Our AI model is designed to be helpful but is not infallible and should not be relied upon as the sole source of mental health guidance.

Operational Eligibility

Geographic Restrictions

Due to evolving state regulations regarding AI-powered mental health services, Cartha may not be available in all jurisdictions. Currently, Cartha's AI therapy features are restricted in Illinois and Nevada due to state legislation prohibiting AI from providing mental health services (Illinois HB1806 and Nevada AB 406). If you are located in a restricted state or jurisdiction, please do not use Cartha's AI therapy features, as we will automatically block usage while you are in that state. Users in restricted areas may still access certain non-therapy features as permitted by local law. We continuously monitor regulatory changes and will update service availability accordingly.

OFAC and Sanctioned Regions

In compliance with U.S. Office of Foreign Assets Control (OFAC) regulations, the Services are not available to users located in, or nationals of, the following countries or regions: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or region. Attempts to access the Services from these locations may result in immediate account termination.

Banned Users

The Services are not accessible to any users who have been previously blocked, banned, or had their account terminated by Cartha. If you have been banned, you may not create a new account or access the Services through any other means. Circumventing a ban is a violation of these Terms and may result in legal action.

Registration

When registering for our Services with your name and phone number, you commit to:

• Provide accurate and complete details. Don't use a phone number you don't own or impersonate others.
• If registering for an entity, you confirm you're authorized to do so.
• Protect your account; you're solely responsible for its activity. Unsecured devices may risk unauthorized access.
• No Account Sharing: You may not share your account credentials (username, password, or any access tokens) with anyone else. You may not grant unauthorized access to your account by any means. Each account is for individual use only.

Account Ownership Disputes. If there is a dispute between two or more persons or entities as to account ownership, Cartha AI will have the power (but not the obligation) to be the sole arbiter of that dispute, and our decision (which may include termination or suspension of the account) will be final and binding on all parties.

Age Requirement. You must meet your state's age requirement or be at least 18+ years old to use Cartha. Users aged 13-17 may self-consent where permitted by law; certain states may require additional parental authorization — see State Privacy Appendix. We do not share or sell teen data and disable advertising cookies by default. We do not knowingly collect data from children under 13, and accounts believed to be held by someone under 13 will be deleted. Should you become aware of a child under 13 using our Services, kindly notify us at support@cartha.com, and we will investigate and take prompt action.

User Content

While using our Services, you'll provide text and media ("Content"). Only share Content you own or have explicit permission from its owner to use.

Although you retain ownership, by providing Content, you grant Cartha AI a limited, global, no-fee license for the following purposes:

• Service Operations: Cartha AI can utilize the Content to maintain, adapt, and expand the Services, ensuring compliance, safety, and policy enforcement.
• Service Enhancement: Cartha AI can analyze and use Content to refine current Services and innovate new ones, including training models and assessing Service performance. All data used for model training is anonymized and de-identified.

For details on our Content handling, see our Privacy Policy.

Organizational Content Rights

For users accessing Cartha through their organization:

• Your organization may have additional policies governing use
• Aggregated, anonymized data may be shared with your organization for wellness insights
• Individual conversation content remains private unless you explicitly share it
• Your organization cannot access your personal conversations

User Guidelines

You're expected to use our Services responsibly, following these guidelines and any additional rules we may specify:

• Legality: Ensure your usage aligns with the law. If local regulations limit certain uses, avoid them.
• No Harm: Avoid generating content that can cause harm, spread false information, or falsely pose as human-created.
• Content: Refrain from producing hateful, explicit, violent, or shocking content.
• Respect Rights: Don't infringe on others' rights or privacy, including seeking personal data.
• Security: Do not compromise or bypass our security and safety measures.
• Integrity: Avoid trying to uncover our underlying tech or creating competitive products.
• No Scraping: Don't crawl or scrape any part of our Services.
• No Soliciting Minors: Do not solicit personal information from anyone under the age of 18.
• No Fraudulent Schemes: Do not promote fraudulent schemes, multi-level marketing (MLM), pyramid schemes, get-rich-quick schemes, online gambling, or any other dubious money-making ventures.
• No Criminal Instructions: Do not further or promote any criminal activity or enterprise, or provide instructional information about illegal activities.
• No Competitive Use: Do not use the Services to build a competitive product or service, copy the Services' features or user interface, or solicit users or customers from the Services.

We reserve the right to remove or refuse content that violates this policy and to suspend users who repeatedly submit disallowed content.

Video Chat & Real-Time Communication

Cartha offers video chat features that enable real-time, peer-to-peer communication between users. By using our video chat services, you agree to the following terms:

Video Chat Community Guidelines

When participating in video chat, you must:

• Respect Others: Treat all participants with dignity and respect. Harassment, bullying, intimidation, or discrimination of any kind is strictly prohibited.
• Maintain Appropriate Conduct: Do not engage in or display nudity, sexual content, violence, or any other inappropriate behavior during video calls.
• Protect Privacy: Do not record, screenshot, or capture any video chat session without explicit consent from all participants. Do not share personal information of other users.
• Be Authentic: Present yourself honestly. Do not use fake profiles, misleading photos, or impersonate others.
• Follow the Law: Comply with all applicable laws and regulations in your jurisdiction while using video chat features.

Prohibited Video Chat Behavior

The following activities are strictly prohibited during video chat sessions:

• Exposure of nudity or sexual content
• Harassment, hate speech, or discriminatory behavior
• Threats of violence or harm to yourself or others
• Sharing illegal content or engaging in illegal activities
• Solicitation, spam, or commercial advertising
• Recording or streaming video chat sessions without consent
• Attempting to obtain personal contact information inappropriately
• Use of automated systems, bots, or scripts during video chat
• Any behavior that disrupts or degrades the experience for other users
• Sharing information (on Cartha or elsewhere) that another user explicitly stated was to be treated as "off the record" or confidential

Safety and Reporting

Your safety is our priority. We provide the following safety features:

• Instant Skip: You can immediately end any video chat and move to the next participant at any time.
• Block Users: You can block users to prevent future matches with them.
• Report Violations: You can report inappropriate behavior, content, or policy violations through our in-app reporting system.
• Friend Requests: Connecting permanently with another user requires mutual consent through our friend request system.

We review all reports and take appropriate action, which may include warnings, temporary suspensions, or permanent account termination. False or malicious reporting may also result in account action.

User-to-User Interactions

When using video chat to connect with other users, you acknowledge and agree that:

• Cartha does not screen, verify, or endorse any user or their statements during video chat.
• You are solely responsible for your interactions with other users.
• You should exercise caution and good judgment when communicating with strangers.
• You should never share sensitive personal information (financial details, home address, etc.) with users you meet through the platform.
• Cartha is not responsible for the conduct of any user, whether online or offline.

Meeting in Person: If you choose to meet someone in person whom you connected with through Cartha, do so at your own risk. Cartha does not conduct criminal background checks on users. We strongly recommend meeting in public places, informing someone you trust of your plans, and exercising caution.

Moderation and Enforcement

Cartha employs both automated systems and human review to enforce our community guidelines:

• Automated detection may flag potential policy violations for review.
• User reports are reviewed by our Trust & Safety team.
• We may take action including content removal, feature restrictions, account suspension, or permanent termination.
• Severe violations may be reported to law enforcement authorities.
• Appeals can be submitted to support@cartha.com within 30 days of enforcement action.

Video Chat Liability

CARTHA AI IS NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF VIDEO CHAT FEATURES OR YOUR INTERACTIONS WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO:

• Any conduct by other users during video chat sessions
• Any content shared, displayed, or communicated by other users
• Any offline interactions or meetings with users you connected with through the platform
• Any technical issues, interruptions, or failures in video chat functionality
• Any emotional distress or harm resulting from interactions with other users

Crisis Response and Real-Time Monitoring

Important: Cartha does not monitor messages in real-time and cannot guarantee immediate intervention in crisis situations. While our system may include features to detect concerning language, we do not provide emergency response services. If you are experiencing thoughts of self-harm, suicide, or are in immediate danger, please:

• Call 911 or your local emergency services immediately
• Contact the 988 Suicide & Crisis Lifeline (call or text 988)
• Go to your nearest emergency room

By using Cartha, you acknowledge that we have no duty to monitor, intervene, or provide crisis response services.

For Organizational Accounts (Cartha Hub)

Organizations using Cartha Hub may receive aggregated wellness insights and crisis detection alerts. However:

• Organizations are solely responsible for establishing and following their own crisis response protocols
• Cartha provides data and insights only; we do not provide crisis intervention services
• Detection algorithms may produce false positives or false negatives
• Organizations must designate qualified personnel to review and act upon alerts
• Individual conversation content remains private unless explicitly shared by the user

Payment and Subscription Terms

• Plans and Fees. Prices, features, and billing intervals are displayed in the ordering interface or in-app purchase screen. We may change fees or introduce new plans with at least 30 days' notice.
• Trial Periods. If a trial is offered, you will not be charged until the trial ends. Unless you cancel before that date, the subscription converts automatically to a paid plan.
• Renewals and Cancellations. Paid subscriptions renew automatically for the same term. You may cancel at any time from your account settings or by emailing support@cartha.com; cancellation takes effect at the end of the current billing cycle.
• Refunds. Except where required by law, all charges are non-refundable once paid. If Cartha terminates the Service without cause, we will issue a pro-rata refund for the unused portion of the current period.
• Payment Methods & Failures. You authorise us to charge your selected payment method. If a payment is declined we may suspend or cancel your access until the balance is paid.

Enterprise and Organizational Accounts

• Volume Licensing. Organizations purchasing multiple seats may be eligible for volume discounts. Custom pricing agreements supersede standard pricing.
• Invoicing. Enterprise accounts may request NET 30 invoicing subject to credit approval.
• User Management. Organization administrators can add/remove users within their licensed seat count. Unused seats are non-refundable.
• Overage Fees. Exceeding licensed user counts will result in automatic billing for additional seats at the current rate.
• Enterprise Agreements. Organizations may negotiate custom terms, SLAs, and pricing through separate enterprise agreements.
• Service Credits. For enterprise plans with 99.5% uptime SLA, service credits are capped at 25% of monthly fees for any given month.

IP Rights

Cartha AI's IP: Our Terms don't grant you rights to our Services, trademarks, or any of Cartha AI's intellectual property.

Feedback: While we appreciate feedback and suggestions, by offering them, you understand we can freely use them without owing you anything.

Infringement Notices: If you suspect a copyright infringement within our Services, email a DMCA notice to support@cartha.com. We'll promptly address valid concerns.

Ensure your notice includes:

• Description of the allegedly infringed work
• Details of the purported infringing content
• Your contact details
• Statement of good faith belief of unauthorized use
• Assertion of your authority to act for the copyright owner and accuracy of your info
• Your signed declaration

Liability Limitations

CARTHA AI IS NOT LIABLE, UNDER ANY LEGAL STANCE (CONTRACTUAL, TORT, ETC.), TO YOU OR OTHERS FOR:

1. (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS, OR DATA;
2. (B) FOR INDIVIDUAL USERS: DIRECT DAMAGES, LOSSES, OR LIABILITIES BEYOND THE AMOUNT YOU PAID US IN THE PRIOR 12 MONTHS OR $100, WHICHEVER IS GREATER.
3. (C) FOR ORGANIZATIONAL ACCOUNTS: DIRECT DAMAGES, LOSSES, OR LIABILITIES BEYOND THE AMOUNT PAID IN THE PRIOR 12 MONTHS OR $10,000, WHICHEVER IS GREATER, UNLESS OTHERWISE SPECIFIED IN AN ENTERPRISE AGREEMENT.

THIS SECTION DETAILS OUR AGREED RISK ALLOCATION IN THESE TERMS.

Organizational Use Disclaimers

CARTHA AI MAKES NO WARRANTIES REGARDING THE ACCURACY OF CRISIS DETECTION ALGORITHMS, WELLNESS INSIGHTS, OR ORGANIZATIONAL ANALYTICS. ORGANIZATIONS ARE SOLELY RESPONSIBLE FOR:

• Establishing appropriate response protocols for crisis alerts
• Training staff on proper use of the platform
• Compliance with applicable employment and privacy laws
• Verifying the accuracy of insights before taking action
• Cartha analytics are provided for informational purposes only and are not "consumer reports" as defined by the Fair Credit Reporting Act; Organizations must not use them as the sole basis for employment decisions

Service Warranties

YOU USE OUR SERVICE AT YOUR OWN RISK. WE OFFER IT "AS IS" WITHOUT WARRANTIES, BE THEY EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF SUITABILITY, TITLE, OR NON-INFRINGEMENT.

CARTHA AI DOESN'T GUARANTEE THAT:

1. (A) THE SERVICE WILL SUIT YOUR NEEDS;
2. (B) IT'LL BE CONTINUOUS, TIMELY, SECURE, OR FLAWLESS;
3. (C) OBTAINED RESULTS WILL BE RELIABLE;
4. (D) QUALITY OF PRODUCTS, SERVICES, OR INFORMATION VIA THE SERVICE WILL MEET YOUR STANDARDS.

Data Security

All traffic between your device and our servers is encrypted in transit using TLS 1.3. Conversation logs and user-profile data are encrypted at rest with AES-256 and managed keys stored in AWS Key Management Service. Access is restricted through role-based access control and multi-factor authentication. We maintain continuous security monitoring. No method of transmission or storage is 100% secure; by using the Service you accept this residual risk and agree to keep your login credentials confidential.

Enterprise Security Features

For organizational accounts, additional security measures include:

• Single Sign-On (SSO) integration via SAML 2.0
• IP allowlisting for administrative access
• Advanced audit logging with export capabilities
• Dedicated encryption keys for enterprise customers
• Annual security attestation reports available upon request

External Services

Our Services may link to or integrate with third-party platforms ("External Services"). Using these External Services may require separate accounts or terms. Refer to our Privacy Policy for details on how we handle data in such instances.

Cartha AI doesn't oversee or vouch for these External Services. Before engaging, review their privacy practices. Any costs related to these services are your responsibility. Our provision of links doesn't imply our endorsement.

Interactions with third parties via our Service are solely between you and the third party. Cartha AI isn't accountable for any loss or damage related to such interactions.

Account Termination

We can suspend or end your Service access anytime for reasons like Terms violation, user safety, or legal requirements. You can also delete your account by contacting support@cartha.com. Ensure you provide verifying details upon request.

Sections on indemnification, liability limitations, intellectual property, disputes, and other terms that inherently extend beyond termination will persist.

Updates and Amendments

As AI evolves, so do our Services. Changes may occur with at least 30 days' advance notice for material changes. Cartha AI can update these Terms anytime. Changes will be reflected here. Your continued Service use after changes indicates agreement. Disagreeing? Stop using our Services.

Accessibility

Cartha is committed to meeting the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you experience difficulty accessing any part of the Service, please email support@cartha.com or call 661-235-5912 and we will provide the information or assistance you need in an alternative format.

Additional Provisions

HIPAA Business Associate Agreement

If you are a Covered Entity or Business Associate under HIPAA and require a BAA, please contact support@cartha.com.

Complete Agreement

These Terms represent the full understanding between you and Cartha AI, overwriting prior agreements or communications about this subject.

You understand that your relationship with Cartha AI is neither as an employee, partner, nor representative. You can't act on our behalf. No third parties benefit from these Terms.

We'll contact you using your provided details. You can reach Cartha AI at support@cartha.com or at our mailing address: Cartha AI, Inc., 1820 S Bentley Ave, Los Angeles, CA 90025. Notices are deemed received upon delivery.

Should any Terms provision be invalid, it'll be minimized or removed, but the remaining Terms stay active.

Neither party's failure to act on any right means they've waived any future rights.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Violations

Cartha AI solely determines if users breach these Terms.

Indemnification

By applicable law, you'll indemnify Cartha AI against claims, damages, losses, or expenses from third-party allegations due to your Service use or Terms violations.

Assignment

You can't transfer your rights under these Terms. Any attempt is void. Cartha AI can transfer these Terms in specific business scenarios like mergers or acquisitions.

Law Enforcement Requests

We may disclose user information to law enforcement or government officials in response to valid legal process, or where we believe in good faith that disclosure is necessary to prevent imminent physical harm or financial loss.

Dispute Resolution — Binding Arbitration

You and Cartha AI agree to resolve any claim or controversy arising out of these Terms or the Service through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, except that (i) either party may seek relief in small-claims court for qualifying matters, and (ii) urgent requests for equitable relief may be filed in any court of competent jurisdiction pending arbitration.

• Opt-out. You may opt out of arbitration by emailing support@cartha.com within 30 calendar days of creating your account. If you opt out, or if this clause is ever found unenforceable, disputes will be heard in the courts specified under "Jurisdiction and Venue."
• Fees. Cartha will pay all JAMS filing and hearing fees for individual consumers, unless the arbitrator finds the claim frivolous.
• Class Waiver. All proceedings will be conducted on an individual basis. The arbitrator may not consolidate claims or award relief except as to the individual claimant.
• Mass Arbitration. To prevent duplicative proceedings, if 25 or more similar arbitration demands are filed, JAMS shall appoint one arbitrator to determine threshold issues common to all demands.
• Enterprise Exception. Organizational customers with separate enterprise agreements may have different dispute resolution terms as specified in their agreements.

Governing Law

These Terms are under federal law and California state law, excluding any conflict of law rules.

Jurisdiction and Venue

Under these Terms, you agree to the exclusive jurisdiction of state or federal courts in Santa Clara County, California. The winning party in any dispute can claim costs and attorney fees. EU/EEA Residents: Notwithstanding the foregoing, if you are a resident of the European Union or European Economic Area, you may also bring claims in your country of residence in accordance with applicable law.

Open Source Software

Certain components of our Service may include open source software subject to separate license terms. A list of such components and their applicable licenses is available upon request to support@cartha.com.

Contact Us

Questions about these Terms? Contact us at:
support@cartha.com

Cartha AI, Inc.
1820 S Bentley Ave
Los Angeles, CA 90025
United States