Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) govern your use of the Akiluma mobile application and services (collectively, the “Service”) operated by Akiluma (“we,” “us,” or “our”).

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are at least 13 years of age. If you are under 18 years of age, you must have your parent or legal guardian's permission to use the Service.

By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms and that you are not barred from using the Service under any applicable laws.

Account Registration

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover or suspect any security breaches
• Take responsibility for all activities that occur under your account

You may not use another person's account without permission or share your account credentials with others.

Subscription and Payment

Subscription Plans

Akiluma offers both free and paid subscription tiers:

• Free Tier: Limited to 3 conversations per day with basic features
• Pro Tier: $9 per month for unlimited conversations and full feature access

Payment Terms

• Subscriptions are billed monthly in advance
• Payment is due immediately upon subscription
• All fees are in US Dollars unless otherwise stated
• Prices are subject to change with 30 days notice

No Refunds

All payments are final and non-refundable. We do not provide refunds or credits for any partial subscription periods.

Failed Payments

If payment fails or your payment method expires, your access to Pro features will be suspended until payment is successfully processed. We reserve the right to terminate accounts with overdue payments.

Use of Service

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service solely for your personal, non-commercial use and benefit.

Service Description

Akiluma provides an AI-powered emotional wellness companion that offers:

• Voice and text conversations with an AI assistant
• Journaling and reflection tools
• Mood tracking and wellness insights
• Audio library with grounding exercises
• Progress tracking features

Service Availability

We strive to provide continuous access to the Service but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Harass, abuse, or harm another person
• Share your account or allow others to use your account
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Use the Service for any commercial purposes without our permission
• Upload viruses or malicious code
• Collect or harvest any information from the Service
• Use the Service to send spam or unsolicited communications
• Attempt to reverse engineer or copy any part of the Service
• Use the Service in any way that could damage our reputation

Violation of these prohibited uses may result in immediate termination of your account.

User Content

Your Content

You retain ownership of all content you create using the Service, including:

• Journal entries and reflections
• Your questions and prompts in conversations
• Personal information and preferences

License to Use Your Content

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely for the purpose of providing and improving the Service. This license ends when you delete your content or account.

AI-Generated Content

Content generated by our AI assistant (Aki) in response to your prompts is owned by Akiluma. You are granted a personal, non-exclusive license to use AI-generated content for your personal wellness purposes.

Content Standards

You agree that your content will not contain material that is offensive, abusive, defamatory, or otherwise objectionable. We reserve the right to remove any content that violates these Terms.

Intellectual Property

The Service and its original content (excluding user content), features, and functionality are and will remain the exclusive property of Akiluma and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

The Akiluma name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Akiluma. You must not use such marks without our prior written permission.

Health Disclaimer

Not a Healthcare Provider

Akiluma and its AI assistant Aki are not licensed healthcare providers, therapists, or counselors. The Service is designed to provide emotional support and wellness tools but should not be used as a substitute for professional mental health care.

Crisis Situations

If you are experiencing a mental health crisis, having thoughts of self-harm, or are in immediate danger, please:

• Contact emergency services immediately (911 in the US)
• Call the 988 Suicide and Crisis Lifeline (US)
• Go to your nearest emergency room
• Contact your healthcare provider

No Medical Advice

Nothing in the Service should be construed as medical advice. Do not disregard, avoid, or delay obtaining medical advice from a healthcare professional because of something you may have read or heard through the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKILUMA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT SHALL AKILUMA'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO AKILUMA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Akiluma, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Termination

Termination by You

You may terminate your account at any time through the app settings. Upon termination, your right to use the Service will immediately cease, and your content will be deleted according to our data retention policy.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Reasons for termination may include:

• Violation of these Terms
• Abuse of the Service or AI system
• Fraudulent or illegal activity
• Non-payment of subscription fees
• Activity that harms other users or our reputation

Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will delete your account and associated data within 30 days of termination, except as required by law.

Appeals

If you believe your account was terminated in error, you may appeal by contacting us at support@akiluma.com.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Switzerland.

Informal Resolution

Before filing a claim, we encourage you to contact us at support@akiluma.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute in good faith.

Arbitration

If we cannot resolve a dispute informally, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with Swiss arbitration rules. The arbitration shall be conducted in English.

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. You waive your right to participate in a class action lawsuit or class-wide arbitration.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Akiluma regarding the Service and supersede all prior agreements and understandings.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the new Terms.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights under these Terms without restriction.

Contact Information

If you have any questions about these Terms of Service, please contact us: