Terms and Conditions

1. Introduction and Acceptance

Welcome to Serin AI, an AI-powered wellness platform operated by Iconbay Tech ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Iconbay Tech governing your access to and use of the Serin AI platform, including our website, web applications, mobile applications, APIs, and all related services (collectively, the "Service").

By accessing, browsing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

Serin AI provides an AI-powered mental wellness platform offering:

• AI Chat Sessions: Text-based conversational support using artificial intelligence to provide wellness coaching, emotional support, and wellness resources with persistent memory across sessions.
• Video Sessions with AI Avatars: Interactive video sessions featuring AI-powered avatars for personalized wellness experiences.
• Mood Tracking and Wellness Monitoring: Daily mood check-ins, tracking of emotional states, energy levels, anxiety, and other wellness metrics.
• Wellness Assessments: Standardized assessment tools including PHQ-9 (depression), GAD-7 (anxiety), and other clinically-validated instruments.
• Journaling and Progress Tracking: Digital journaling features with tagging, search, export capabilities, AI-generated reflections, and periodic summaries (daily, weekly, monthly, yearly).
• AI-Powered Journal Reflections: Personalized insights and reflections automatically generated from your journal entries to help identify patterns, wins, and opportunities for growth.
• Journal Reports and Summaries: Comprehensive AI-generated reports covering different time periods with highlights, themes, mood trends, and behavioral patterns.
• CBT/DBT Program Library: Evidence-based cognitive behavioral (CBT) and dialectical behavior (DBT) programs and modules.
• Crisis Resources: Access to crisis helplines, emergency resources, and safety planning tools.
• Email Communications: Account verification emails, welcome messages, password reset functionality, and service notifications.
• Subscription Tiers: Multiple service levels including Basic (free), Premium, and Elite plans with varying features and capabilities.

3. Important Disclaimers

A. Not Medical or Wellness Treatment

B. No Professional Healthcare Relationship

Use of the Service does not create a doctor-patient, coach-client, or any professional healthcare relationship. Our AI systems and human support staff (if applicable under Elite plans) are not licensed healthcare providers unless explicitly stated otherwise.

C. Emergency Services

Serin AI is not an emergency service. If you are experiencing a wellness crisis, thoughts of self-harm or suicide, or any medical emergency, immediately contact:

• Emergency Services: Call 911 (US) or your local emergency number
• National Suicide Prevention Lifeline: 988 (US)
• Crisis Text Line: Text "HELLO" to 741741
• Your local crisis hotline or emergency mental health services

4. Eligibility and Account Requirements

A. Age Requirements

You must be at least 18 years old to create an account and use the Service. If you are between 13 and 17 years old, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Users under 13 years old are not permitted to use the Service.

B. Account Registration

• You must provide accurate, current, and complete information during registration.
• For email/password registration, you must verify your email address by clicking the verification link sent to your email.
• Google OAuth users have pre-verified email addresses and can access the Service immediately upon registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• You may not share your account or allow others to access the Service through your account.
• You may not create multiple accounts or create an account on behalf of another person without authorization.

C. Account Security

You agree to use a strong, unique password and enable any available security features. We employ industry-standard security measures, but you are responsible for safeguarding your login credentials.

5. Subscriptions, Payments, and Billing

A. Subscription Plans

Serin AI offers multiple subscription tiers:

• Basic (Free): Limited features including up to 5 AI chat sessions per week, daily mood check-ins, basic meditations, 1 journal entry per day, and quarterly assessments.
• Premium: Unlimited AI sessions, full CBT/DBT program library, unlimited journaling with export, monthly assessments, personalized action plans, crisis chatbot, and priority support. Available as monthly or yearly subscription.
• Elite: All Premium features plus human counselor escalations (2 per month), live text/video escalations, monthly moderated group sessions, priority response time, and emergency counselor access. Available as monthly or yearly subscription.

B. Payment Terms

• Payments are processed through our third-party payment processor, Stripe.
• By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected billing cycle (monthly or yearly).
• All fees are in U.S. Dollars (USD) unless otherwise specified.
• Prices are subject to change with 30 days' notice. Changes will not affect your current billing cycle.
• You are responsible for any taxes, duties, or governmental charges associated with your subscription.

C. Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date. You will be charged the then-current subscription fee unless you cancel your subscription.

D. Cancellation and Refunds

• You may cancel your subscription at any time through your account settings or by contacting admin@iconbay.net.
• Cancellation takes effect at the end of your current billing period. You will retain access until that date.
• We do not provide refunds for partial billing periods or unused features, except as required by law or at our sole discretion.
• New users may be eligible for a satisfaction guarantee or trial period as specified at the time of subscription.

E. Payment Failures

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, your subscription may be suspended or downgraded to the free Basic plan. You are responsible for any charges incurred due to insufficient funds or expired payment methods.

6. Acceptable Use Policy

You agree to use the Service in compliance with all applicable laws and regulations. You agree NOT to:

• Violate any laws, regulations, or third-party rights.
• Use the Service to harm, harass, threaten, abuse, or defame others.
• Impersonate any person or entity or misrepresent your affiliation.
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Use automated tools (bots, scrapers, etc.) to access the Service without permission.
• Transmit viruses, malware, or any harmful code.
• Collect or harvest information about other users without consent.
• Use the Service to spam, advertise, or promote commercial activities without authorization.
• Interfere with or disrupt the Service or servers.
• Attempt to circumvent usage limits, paywalls, or access controls.
• Share or publish content that is illegal, obscene, defamatory, or violates intellectual property rights.

7. User Content and Data

A. Your Content

You retain all rights to content you submit, post, or transmit through the Service, including chat messages, journal entries, mood data, and other user-generated content ("User Content"). By submitting User Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, process, store, and transmit your User Content solely to provide and improve the Service.

B. Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to submit User Content and that it does not violate any laws or third-party rights. We do not endorse, support, or guarantee the accuracy of User Content.

C. Data Processing and AI

Your User Content may be processed by AI systems (including OpenAI's models), memory storage services (Supermemory.ai), video generation services (D-ID), and email delivery services (SendGrid) to provide personalized responses, insights, reflections, summaries, persistent context, and communications. By using the Service, you consent to this processing as described in our Privacy Policy.

D. Content Moderation

We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable. We may use automated systems and human review for content moderation and safety purposes.

8. AI Services and Limitations

A. AI Technology

Serin AI uses artificial intelligence, machine learning models, and natural language processing technologies to provide conversational support, generate responses, and deliver personalized content. These systems are continuously learning and improving but are not perfect.

B. AI Limitations and Risks

You acknowledge and agree that:

• AI-generated responses may contain errors, inaccuracies, or inappropriate content.
• AI systems may misunderstand context, provide irrelevant responses, or fail to recognize crisis situations.
• AI technology cannot replace human judgment, empathy, or professional expertise.
• You should not rely solely on AI-generated advice for important life or health decisions.
• We are not responsible for any harm resulting from AI-generated content or your reliance on it.

C. Third-Party Service Providers

We utilize third-party services including OpenAI (AI generation), Supermemory.ai (memory and context storage), D-ID (video avatars), and SendGrid (email delivery). Your use of the Service is also subject to these providers' terms and policies. We are not responsible for the actions, failures, or policies of third-party service providers.

D. Persistent Memory and Context

The Service uses Supermemory.ai to maintain persistent memory of your interactions across sessions. This includes:

• Chat messages and conversation history stored for contextual awareness in future sessions.
• Journal entries stored to provide relevant context for reflections and summaries.
• Semantic search capabilities to retrieve relevant past interactions.
• Cross-session context that enables the AI to reference previous discussions and entries.

You acknowledge that this persistent memory is essential to providing personalized experiences and that your content will be stored with Supermemory.ai according to their data retention policies and our service configuration.

E. Journal Reflections and Reports

The Service provides AI-generated journal reflections and periodic summaries:

• Reflections: Automatically generated insights after each journal entry, including summaries, wins, opportunities for growth, and next steps.
• Summaries: Periodic reports (daily, weekly, monthly, yearly) that analyze patterns, themes, mood trends, and behavioral insights across multiple journal entries.
• Reflections and summaries are generated using AI and may not be perfectly accurate. They are intended for self-reflection and personal growth, not as professional advice.
• You may acknowledge, save, or dismiss reflections as you prefer.

9. Email Communications

By creating an account, you consent to receive transactional emails from us via SendGrid, including:

• Verification emails: Sent to verify your email address during registration (for email/password accounts).
• Welcome emails: Sent to all new users upon successful registration.
• Password reset emails: Sent when you request to reset your password.
• Service notifications: Important updates about your account, subscriptions, or the Service.

These are transactional emails necessary for the operation of the Service and cannot be unsubscribed from while maintaining an active account. Marketing emails, if any, will provide opt-out options.

10. Intellectual Property Rights

A. Our Intellectual Property

The Service, including all software, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, algorithms, and computer code (collectively, "Content"), is owned or licensed by Iconbay Tech and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

B. Limited License

Subject to 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. This license does not include any right to: (a) resell or commercial use of the Service; (b) modify, distribute, or create derivative works; (c) download or copy account information; (d) use data mining, robots, or similar data gathering tools.

C. Trademarks

"Serin AI," "Serin," "Iconbay Tech," and related logos are trademarks or registered trademarks of Iconbay Tech. You may not use these marks without our prior written permission.

11. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information and User Content. By using the Service, you consent to our data practices as described in the Privacy Policy.

12. Disclaimers and Warranties

A. "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

B. No Guarantees

We do not warrant that:

• The Service will meet your requirements or expectations.
• The Service will be uninterrupted, timely, secure, or error-free.
• Any results, advice, or information obtained through the Service will be accurate or reliable.
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations.
• Any errors or defects in the Service will be corrected.

C. Health Outcomes Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OF THE SERVICE FOR ANY HEALTH, MENTAL HEALTH, OR WELLNESS PURPOSE. USE OF THE SERVICE DOES NOT GUARANTEE ANY IMPROVEMENT IN YOUR MENTAL HEALTH, WELLBEING, OR ANY OTHER OUTCOME.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICONBAY TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, 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.
• Any health-related decisions made based on the Service.
• Any errors, mistakes, or inaccuracies in content or AI-generated responses.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Iconbay Tech, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 any applicable law.
• Your violation of any third-party rights.
• Your User Content or use of the Service.
• Your misuse of AI-generated content or reliance on the Service.

15. Termination and Suspension

A. Termination by You

You may terminate your account at any time by contacting us at admin@iconbay.net or through your account settings. Termination does not entitle you to a refund for any unused portion of your subscription.

B. Termination or Suspension by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.
• Violation of applicable laws or regulations.
• Fraudulent, abusive, or illegal activity.
• Non-payment of fees.
• Request by law enforcement or other government agencies.
• Extended periods of inactivity.
• Technical or security issues.

C. Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your User Content and account data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to liability disclaimers, indemnification, and dispute resolution provisions.

16. Modifications to the Service and Terms

A. Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

B. Terms Changes

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on the Service and updating the "Effective Date" at the top of this page. We may also provide additional notice, such as via email or an in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

17. Dispute Resolution and Arbitration

A. Informal Resolution

Before filing a claim, you agree to contact us at admin@iconbay.net to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within 60 days.

B. Binding Arbitration

If we cannot resolve a dispute informally, you and Iconbay Tech agree that 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) under its Commercial Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding.

C. Class Action Waiver

YOU AND ICONBAY TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

D. Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights or breach of confidentiality obligations.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

19. International Use

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

20. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources. We do not endorse and are not responsible for the content, products, services, or practices of third parties. Your interactions with third parties are solely between you and the third party. You should review third-party terms and privacy policies before using their services.

21. Compliance and Export Controls

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

22. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

23. Severability and Waiver

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

24. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Iconbay Tech regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

25. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

26. Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

27. Contact Information

If you have questions, concerns, or complaints about these Terms or the Service, please contact us:

• Email: admin@iconbay.net
• Company: Iconbay Tech
• Service: Serin AI