Terms Of Service

Updated: October 14, 2023

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 therapist 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 therapeutic 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. For additional details on our responsibilities and limitations, peruse our “Liability Limitations” section.

Cartha is designed to be a supplementary AI therapy platform 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 in crisis, emergency, or danger, contact emergency services immediately.

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.

Note: Our Services are intended for individuals aged 18 and above. If you are below this age, please refrain from signing up. Should you become aware of a minor using our Services, kindly notify us at support@cartha.ai, 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 an ongoing, 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.

For details on our Content handling, see our Privacy Policy. Please examine it closely.

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.

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 legal@cartha.ai. 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) DIRECT DAMAGES, LOSSES, OR LIABILITIES BEYOND $100.

THIS SECTION DETAILS OUR AGREED RISK ALLOCATION IN THESE TERMS.

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.

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.ai. 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 without prior notice, though we strive to keep you informed. 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.

Additional Provisions

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.ai or request a mailing address from our support. 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.

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.

Class Action Limitation:

Both you and Cartha AI agree that claims must be made individually, not as part of any collective or class action. Arbitrators will only address individual claim specifics.

Arbitration:

Disputes related to these Terms will be arbitrated in Santa Clara County, California, as per the JAMS streamlined rules. Court judgment may validate the arbitration award. However, for urgent equitable relief, either party can approach an appropriate court while awaiting the arbitrator's decision.

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.