Terms of Service

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Ophie.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email and/or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and delete your account. We encourage you to review these Terms periodically for any updates.

Certain features of the Service may be subject to additional terms and conditions, which will be presented to you when you access those features. Such additional terms are incorporated into these Terms by reference.

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. If you are under 18, you are not permitted to create an account or use the Service. We do not knowingly collect personal information from individuals under 18 years of age.

Due to state-specific biometric data privacy regulations, the Service is not available to residents of the following jurisdictions:

• Illinois - Due to the Illinois Biometric Information Privacy Act (BIPA)
• Texas - Due to the Texas Capture or Use of Biometric Identifier Act (CUBI)

By using the Service, you represent and warrant that you are not a resident of Illinois or Texas. If you become a resident of these states, you must immediately discontinue use of the Service and delete your account.

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

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to or use of your account

You are responsible for safeguarding the password and any other credentials used to access your account. You agree not to share your login credentials with any third party. We are not liable for any loss or damage arising from your failure to protect your account credentials.

Ophie is a voice-first AI companion application designed to provide supplementary mental and emotional wellness support. The Service offers:

• Voice-based conversations with an AI companion as the primary interaction mode
• Optional text-based input for users who prefer typing
• Wellness tools including breathing exercises, journaling prompts, and grounding activities through our "Dynamic Island" feature
• A 3D audio visualizer designed to provide calming, grounding experiences
• Session transcripts and memory features (when enabled by the user)
• Display of crisis resources when concerning content is detected

The Service is expressly NOT:

• A substitute for professional mental health treatment or therapy
• A crisis intervention or emergency response service
• A medical service or healthcare provider
• Capable of diagnosing mental health conditions or medical disorders
• Authorized to prescribe medications or recommend specific treatments
• A replacement for emergency services (911) or crisis hotlines (988)
• Staffed by human counselors, therapists, or medical professionals

The Service offers two privacy modes for your conversations:

• Memory Mode: Your session transcripts and conversation history are stored to provide contextual awareness across sessions. This data is encrypted and you maintain full control over it.
• Ephemeral Mode: Your conversations are not stored after the session ends. No transcript or conversation data is retained.

You may change your privacy mode preference at any time in your account settings. For more information, please review our Privacy Policy.

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, MENTAL HEALTH TREATMENT, THERAPY, COUNSELING, OR PROFESSIONAL HEALTHCARE SERVICES OF ANY KIND. All content provided through the Service, including but not limited to AI-generated responses, wellness exercises, and informational resources, is for general informational and emotional support purposes only.

Nothing in the Service is intended to be, and should not be construed as, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical or mental health condition.

Ophie is an artificial intelligence system. It does not have the training, certification, or licensure required to provide therapy, counseling, or psychological treatment. Interactions with Ophie:

• Do not establish a therapist-patient relationship
• Do not constitute clinical or therapeutic intervention
• Are not subject to the confidentiality protections that apply to licensed mental health professionals
• Should not be relied upon as professional mental health guidance

THE SERVICE IS NOT A CRISIS INTERVENTION SERVICE AND SHOULD NOT BE USED IN EMERGENCY SITUATIONS.

If you are experiencing a mental health crisis, having thoughts of suicide or self-harm, or are in any situation requiring immediate assistance, please:

• Call 988 (Suicide and Crisis Lifeline) for immediate support
• Call 911 if you are in immediate danger
• Text HOME to 741741 to reach the Crisis Text Line
• Go to your nearest emergency room
• Contact a local crisis center or mental health professional

Ophie cannot and does not diagnose mental health conditions, medical conditions, or any other disorders. Ophie cannot prescribe medications, recommend specific treatments, or provide guidance on medication dosages or interactions.

If you believe you may have a mental health condition or require medication, please consult with a licensed healthcare professional.

As an artificial intelligence system, Ophie has inherent limitations:

• Ophie may not fully understand the context, nuance, or complexity of your situation
• Ophie's responses are generated by algorithms and may not always be appropriate, accurate, or helpful
• Ophie cannot perceive non-verbal cues, tone of voice nuances, or other contextual factors that a human would understand
• Ophie may occasionally provide responses that are incorrect, misleading, or not applicable to your specific circumstances
• Ophie's knowledge and capabilities are limited to its training and programming

You acknowledge and agree that you are solely responsible for seeking appropriate professional mental health care. The Service is intended to supplement, not replace, professional care. You should:

• Continue to see your existing mental health providers while using the Service
• Seek professional help if you experience worsening symptoms or new concerns
• Not delay seeking professional care because of anything discussed in the Service
• Inform your healthcare providers about your use of the Service if relevant to your care

By using the Service, you expressly acknowledge and agree that:

• You have read and understand the disclaimers set forth in this Section 4
• You will not rely on the Service as a substitute for professional mental health care
• You assume all risks associated with using the Service for emotional support purposes
• You will seek immediate professional help if you experience a mental health crisis

You agree to provide accurate, current, and complete information when using the Service, including during account registration and in your interactions with Ophie. You are responsible for maintaining the accuracy of your information.

You agree to use the Service only for its intended purpose of:

• General emotional and mental wellness support
• Self-reflection and personal growth activities
• Accessing wellness tools and exercises
• Supplementary support alongside professional care

If you are experiencing a crisis or emergency situation, you agree to:

• Immediately contact emergency services (911) or a crisis hotline (988)
• Not rely on the Service to address emergency or crisis situations
• Seek immediate professional assistance rather than continuing to use the Service

You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Service.

Your account is personal to you. You agree not to share your account credentials with others or allow others to use your account. Each user must have their own account.

• Using the Service for any unlawful purpose or in violation of any laws
• Facilitating, promoting, or engaging in illegal activities through the Service
• Violating the rights of others, including privacy and intellectual property rights

• Posting, transmitting, or sharing content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempting to use the Service to harm yourself or others
• Using the Service to plan, promote, or execute violence or self-harm
• Sharing content that promotes eating disorders, substance abuse, or other harmful behaviors

• Attempting to manipulate, circumvent, or bypass the AI's safety guardrails or content filters
• Using "fictional" framing, roleplaying, or other techniques to elicit harmful content from the AI
• Attempting to "jailbreak" or reprogram the AI to behave contrary to its designed purpose
• Testing or probing the AI's limits with the intent to cause harm

• Interfering with, disrupting, or attempting to gain unauthorized access to the Service, servers, or networks
• Introducing viruses, malware, or other harmful code to the Service
• Reverse engineering, decompiling, or disassembling any part of the Service
• Scraping, data mining, or using automated tools to extract data from the Service

• Using the Service for commercial purposes without our express written permission
• Reselling, sublicensing, or redistributing access to the Service
• Using the Service to develop competing products or services

• Misrepresenting the Service's capabilities, nature, or purpose to others
• Claiming that Ophie is a licensed therapist, counselor, or healthcare provider
• Impersonating any person or entity in connection with the Service
• Creating multiple accounts for fraudulent or abusive purposes

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, audio, video, and the design, selection, and arrangement thereof) are owned by Ophie, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Ophie name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ophie or its affiliates. You may not use such marks without our prior written permission.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.

You retain ownership of any content you submit, post, or transmit through the Service ("User Content"), including your conversation inputs and any personal information you share.

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and process your User Content solely for the purpose of providing, improving, and developing the Service. This license does not include the right to sell your User Content or use it for advertising purposes.

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us the right to use such Feedback without restriction or compensation to you.

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

The Service processes voice data to enable voice-based interactions. By using the voice features of the Service, you consent to the recording, transmission, and processing of your voice for the purpose of providing the Service. Voice data processing is described in detail in our Privacy Policy.

We are committed to giving you control over your data. Depending on your privacy mode selection and applicable laws, you may have the right to:

• Access your personal data
• Delete your personal data
• Export your personal data
• Opt out of data processing for certain purposes

For more information about exercising your data rights, please refer to our Privacy Policy or contact us at founders@ophie.app.

The Service utilizes third-party artificial intelligence and technology services to provide its functionality, including but not limited to:

• OpenAI (language model services)
• Deepgram (speech recognition)
• Cartesia (text-to-speech)
• LiveKit (real-time communication)
• Groq (AI inference)
• Supabase (authentication and database services)

Your use of the Service may be subject to the terms of service and privacy policies of these third-party providers. We encourage you to review their terms. We are not responsible for the practices of these third-party services.

The Service may contain links to third-party websites, resources, or services, including crisis hotlines and mental health resources. These links are provided for your convenience only. We do not endorse and are not responsible for the content, products, or services offered by third parties.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED THROUGH THE SERVICE

WE DO NOT WARRANT OR GUARANTEE ANY PARTICULAR RESULTS FROM YOUR USE OF THE SERVICE. THE SERVICE IS INTENDED FOR SUPPLEMENTARY WELLNESS SUPPORT AND MAY NOT BE EFFECTIVE FOR ALL USERS OR ALL SITUATIONS.

WE DO NOT WARRANT THAT THE AI-GENERATED RESPONSES, SUGGESTIONS, OR CONTENT PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR HELPFUL. AI SYSTEMS CAN AND DO MAKE MISTAKES, AND YOU SHOULD NOT RELY SOLELY ON THE SERVICE FOR IMPORTANT DECISIONS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY MEDICAL OR MENTAL HEALTH OUTCOMES FROM USING THE SERVICE. THE SERVICE IS NOT A MEDICAL DEVICE AND HAS NOT BEEN EVALUATED OR APPROVED BY THE FDA OR ANY OTHER REGULATORY BODY.

We do not guarantee that the Service will be available at all times or in all locations. The Service may be subject to scheduled and unscheduled downtime for maintenance, updates, or other reasons.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ophie, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You use the Service at your own risk
• You are solely responsible for any decisions or actions you take based on your interactions with the Service
• We are not liable for any harm resulting from your reliance on information or responses provided through the Service
• We are not liable for any mental health outcomes, whether positive or negative, that may result from your use of the Service

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content
• Your violation of any third-party right, including any intellectual property, privacy, or publicity right
• Any dispute between you and any third party arising out of your use of the Service

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

You may terminate your account and stop using the Service at any time by:

• Deleting your account through the account settings
• Contacting us at founders@ophie.app to request account deletion

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we determine to be harmful to other users or the Service
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Technical or security issues
• Discontinuation of the Service

Upon termination of your account:

• Your right to access and use the Service will immediately cease
• We may delete your account information and User Content in accordance with our Privacy Policy
• If you are in Memory Mode, your stored data will be deleted according to our data retention policies unless you request earlier deletion
• If you are in Ephemeral Mode, no data will be retained after your sessions

The following sections shall survive any termination of these Terms: Sections 4 (Medical and Mental Health Disclaimers), 7 (Intellectual Property), 10 (Disclaimers of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 15 (Miscellaneous).

These Terms and any disputes arising out of or relating to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Before initiating any formal dispute resolution proceeding, you agree to first contact us at founders@ophie.app to attempt to resolve any dispute informally. We will try to resolve any dispute within 60 days of receiving your written notice.

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in Delaware or another mutually agreed location.

The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. You understand that by agreeing to arbitration, you are waiving your right to a jury trial.

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 waive any right to a jury trial and agree that such claim shall be brought only in a court of competent jurisdiction in Delaware.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and us.

We may provide notices to you by email, posting on the Service, or other reasonable means. You may provide notices to us by mail to founders@ophie.app or by email to founders@ophie.app.

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

The section headings in these Terms are for convenience only and have no legal or contractual effect.