Talk Therapy AIStart talking

⚠️ ATTORNEY-REVIEW REQUIRED — THIS IS A FIRST-PASS TEMPLATE, NOT LEGAL ADVICE. This document was generated as a starting draft only. It has not been reviewed by a licensed attorney and does not constitute legal advice. Before publishing, a qualified attorney licensed in your jurisdiction must review, revise, and finalize it. Every [BRACKETED PLACEHOLDER] must be completed, and engineering, security, and privacy stakeholders must independently confirm every factual claim (including data-handling, encryption, and third-party-processing statements) before this document goes live.

Talk Therapy AI — Terms of Service

Effective Date: [EFFECTIVE DATE] Last Updated: [LAST UPDATED DATE]

These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "User") and [COMPANY LEGAL ENTITY NAME] ("Company," "we," "us," or "our"), the operator of the Talk Therapy AI website, application, and related services (collectively, the "Service"). The Service includes an AI companion known as "Aria," which provides warm, supportive, reflective conversation and general, evidence-informed psychoeducation.

PLEASE READ THESE TERMS CAREFULLY. They include important disclaimers about the nature of the Service (Section 3), an assumption-of-risk provision (Section 6), a DISCLAIMER OF WARRANTIES (Section 13), a LIMITATION OF LIABILITY (Section 14), and a BINDING ARBITRATION AND CLASS-ACTION WAIVER (Section 16) that affect your legal rights. If you do not agree to these Terms, do not access or use the Service.

1. Acceptance of These Terms

By accessing or using the Service — including by creating an account, clicking "I agree" (or a similar button), or otherwise using any part of the Service — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our [Privacy Policy], which is incorporated by reference. If you are using the Service on behalf of another person or an organization, you represent that you are authorized to accept these Terms on their behalf, but personal use of the Service remains subject to the individual-user requirements below.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility — You Must Be 18 or Older

The Service is intended solely for adults located in the United States.

  • You must be at least 18 years of age to create an account or use the Service.
  • By using the Service, you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that your use of the Service complies with all applicable laws.
  • The Service is not directed to children or minors, and we do not knowingly permit anyone under 18 to use it. If we learn that a person under 18 has created an account, we may suspend or terminate that account and delete associated information as described in our [Privacy Policy].

3. What the Service Is — and What It Is Not

Plain-English summary: Talk Therapy AI is an AI-powered, general-wellness and self-reflection tool. It is not therapy, not counseling, not medical or mental-health care, and not a crisis service. Aria is a computer program, not a human and not a licensed professional.

3.1 The Service is a general-wellness and self-reflection tool. The Service offers supportive, reflective conversation and general psychoeducational information intended to help you think things through, self-reflect, and feel supported. It is designed for general wellness and personal-enrichment purposes only.

3.2 Aria is artificial intelligence. Aria is an AI companion powered by large language model technology operated on third-party cloud infrastructure (see Section 11). Aria is not a person, is not a licensed therapist, counselor, psychologist, physician, or other healthcare or mental-health professional, and does not have professional credentials. Responses are generated automatically and may be inaccurate, incomplete, or inappropriate for your situation.

3.3 The Service is NOT any of the following:

  • It is not therapy, psychotherapy, counseling, or behavioral-health treatment.
  • It is not medical care, mental-health care, diagnosis, or treatment of any condition.
  • It does not provide medical, psychiatric, medication, clinical, or professional advice.
  • It is not a medical device and is not intended to diagnose, cure, mitigate, treat, or prevent any disease or health condition.
  • It is not a crisis, emergency, suicide-prevention, or safety-monitoring service (see Section 5).

3.4 No diagnosis or treatment. Aria does not and cannot diagnose, treat, cure, or prevent any physical or mental-health condition, and does not provide medication advice or recommendations. Nothing Aria says should be interpreted as a clinical opinion, diagnosis, or prescription.

4. No Professional Relationship; Not a Substitute for Care

4.1 No professional relationship is created. Your use of the Service does not create any therapist-client, doctor-patient, counselor-client, or other professional, fiduciary, or confidential relationship between you and the Company, Aria, or anyone associated with the Service.

4.2 Not a substitute for professional care. The Service is not a substitute for professional medical, psychological, psychiatric, or mental-health evaluation, advice, diagnosis, or treatment. Always seek the advice of a qualified physician, licensed mental-health professional, or other qualified provider with any questions you may have regarding a medical or mental-health condition. Never disregard professional advice, or delay seeking it, because of something you read or were told through the Service. If you are already under the care of a professional, do not stop or change your treatment based on your use of the Service.

5. Crisis and Emergency — Important Safety Notice

🚨 IF YOU ARE IN CRISIS OR MAY BE IN DANGER, THE SERVICE CANNOT HELP YOU. GET HELP NOW.

The Service is not a crisis line, emergency service, or safety-monitoring tool. Aria cannot and will not intervene, contact anyone on your behalf, dispatch help, or monitor your conversations for emergencies.

If you are experiencing a medical or mental-health emergency, are thinking about harming yourself or others, or believe you or someone else may be in danger:

  • Call or text 988 to reach the 988 Suicide & Crisis Lifeline (United States), available 24/7; or
  • Call 911 or your local emergency number; or
  • Go to the nearest emergency room.

Do not rely on the Service — or on Aria — in any emergency or crisis situation.

You acknowledge and agree that the Service does not review, monitor, or respond to communications in real time for the purpose of detecting or intervening in emergencies, and that the Company has no ability or obligation to do so.

6. Assumption of Risk and Your Responsibility

6.1 You use the Service voluntarily and at your own risk. You understand the nature and limitations of an AI general-wellness tool as described in these Terms, and you voluntarily assume all risks associated with your use of the Service, including any reliance you place on information or conversation provided through it.

6.2 You are responsible for your decisions. You are solely responsible for your own health, safety, decisions, and actions. You are responsible for evaluating the accuracy, completeness, and usefulness of anything provided through the Service and for seeking appropriate professional help when needed.

6.3 AI outputs may be wrong. AI-generated responses can be inaccurate, misleading, outdated, biased, or otherwise unsuitable. You should independently verify any important information and should not treat Aria's responses as authoritative.

7. Acceptable Use

You agree to use the Service only for lawful, personal, non-commercial general-wellness and self-reflection purposes, and you agree that you will not:

  • Rely on the Service for medical, psychological, legal, financial, safety, or other professional or high-stakes decisions, or use it as the basis for any such decision;
  • Use the Service in any emergency or crisis, or in any situation where inaccurate or delayed information could lead to injury, death, or serious harm;
  • Use the Service to obtain, or represent that the Service provides, professional advice, diagnosis, or treatment;
  • Provide false, misleading, or fraudulent information, including misrepresenting your age or identity;
  • Attempt to reverse-engineer, decompile, scrape, or extract the underlying models, prompts, or source code, or to circumvent any security, rate-limiting, or usage controls;
  • Use the Service to develop, train, or benchmark a competing AI model or product;
  • Introduce malware, attempt unauthorized access, or interfere with or disrupt the integrity or performance of the Service;
  • Use the Service to harass, abuse, defame, or harm any person, or to generate or transmit unlawful, infringing, or harmful content;
  • Use the Service on behalf of, or to provide services to, any third party without our authorization; or
  • Use the Service in violation of any applicable law, regulation, or these Terms.

We may investigate and take appropriate action, including suspending or terminating your access, for any suspected violation of this Section.

8. Accounts and Security

  • To use certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it updated.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
  • You agree to notify us promptly at [CONTACT EMAIL] of any unauthorized use of your account or any other suspected security breach.
  • We are not liable for any loss or damage arising from your failure to safeguard your credentials. We may refuse, suspend, or terminate accounts in our discretion, including for suspected unauthorized or unlawful use.

9. User Content and Privacy

9.1 Your content. "User Content" means the messages, inputs, and other information you submit to the Service. As between you and the Company, you retain any ownership rights you have in your User Content.

9.2 License to operate the Service. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and use your User Content solely as necessary to provide, secure, maintain, and improve the Service, and as otherwise described in our [Privacy Policy] and permitted by law.

9.3 Privacy. Our collection and use of personal information is described in our [Privacy Policy], which is incorporated into these Terms by reference. Please review it carefully. [ENGINEERING/PRIVACY TO CONFIRM AND KEEP CONSISTENT WITH THE PRIVACY POLICY:] As described more fully in the Privacy Policy, conversations are treated as private to your account, are encrypted, and are processed through third-party cloud and AI infrastructure (including Amazon Web Services / Amazon Bedrock) in order to provide the Service; conversations are not sold, are not used for advertising, and are not used to train third-party foundation models. (Each of these factual statements must be independently verified by the Company before publication and must remain consistent with the Privacy Policy and with actual data practices.)

9.4 Responsibility for your content. You are responsible for your User Content and represent that you have the rights necessary to submit it and that it does not violate these Terms or any law or third-party right. Please use discretion about the sensitive information you choose to share.

10. Intellectual Property

The Service — including its software, models, text, graphics, user interface, "Aria," the "Talk Therapy AI" name, logos, and all related content (excluding your User Content) — is owned by the Company or its licensors and is protected by intellectual-property and other laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial general-wellness purposes. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service except as expressly permitted.

11. Third-Party Services

The Service relies on third-party providers, including cloud-computing and AI infrastructure such as Amazon Web Services and Amazon Bedrock, and AI models provided by Anthropic (collectively, "Third-Party Services"). Your use of the Service may be subject to those providers' terms and policies. The Company does not control, and is not responsible for, Third-Party Services, and those third parties make no warranties to you and assume no liability to you in connection with the Service. The Company's use of Third-Party Services does not make them a party to these Terms or responsible for the Service.

12. Changes to, and Availability of, the Service

We may modify, suspend, or discontinue the Service or any feature at any time, with or without notice. We do not guarantee that the Service will be available, uninterrupted, timely, secure, or error-free. We are not liable for any unavailability of, or modification to, the Service.

13. Disclaimer of Warranties

THE SERVICE, INCLUDING ARIA AND ALL CONTENT AND OUTPUTS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE; (b) ANY INFORMATION OR OUTPUT PROVIDED THROUGH THE SERVICE (INCLUDING BY ARIA) WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR ANY PURPOSE; OR (c) THE SERVICE WILL PRODUCE ANY PARTICULAR OUTCOME OR BENEFIT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR ARIA CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR DEATH, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE OR ANYTHING PROVIDED BY ARIA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICE IN THE [TWELVE (12)] MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) [ONE HUNDRED U.S. DOLLARS (US$100)].

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH CASES, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your violation of any rights of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

16. Dispute Resolution — Binding Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH THE COMPANY THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED BELOW.

16.1 Informal resolution first. Before starting an arbitration, you agree to first contact us at [CONTACT EMAIL] and give us [30] days to resolve the dispute informally.

16.2 Agreement to arbitrate. Except as provided below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, and not in court, except that either party may bring qualifying claims in small-claims court. This arbitration agreement is governed by the Federal Arbitration Act.

16.3 Arbitration rules and administrator. The arbitration will be administered by [ARBITRATION ADMINISTRATOR, e.g., the American Arbitration Association] under its then-current applicable rules. The arbitration will take place in [COUNTY, STATE], or by video/telephone where available, and judgment on the award may be entered in any court of competent jurisdiction. [COUNSEL TO CONFIRM ADMINISTRATOR, RULES, FEE-ALLOCATION, AND ANY MASS-ARBITRATION PROTOCOL.]

16.4 Class-action waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

16.5 Right to opt out. You may opt out of this arbitration agreement (Sections 16.2–16.4) by sending written notice to [CONTACT EMAIL / MAILING ADDRESS] within [30] days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

16.6 Exceptions. Nothing in this Section prevents either party from seeking injunctive or equitable relief for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.

16.7 Severability. If the class-action waiver in Section 16.4 is found unenforceable as to a particular claim, that claim will proceed in court, while all other claims remain in arbitration.

17. Governing Law

Except to the extent governed by the Federal Arbitration Act, these Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of [GOVERNING-LAW STATE], without regard to its conflict-of-laws principles. Subject to Section 16, you and the Company agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY, GOVERNING-LAW STATE] for any matters not subject to arbitration.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last Updated" date or by notifying you through the Service or by email). Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

19. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including for any violation of these Terms, with or without notice. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination — including Sections 3–6, 9–11, and 13–20 — will survive.

20. Miscellaneous

  • Entire agreement. These Terms and the [Privacy Policy] constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements on that subject.
  • Severability. If any provision is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
  • Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.
  • No third-party beneficiaries. Except as expressly stated (including as to the Third-Party Services providers referenced in Section 11, who are intended beneficiaries of the disclaimers and liability limitations), these Terms create no third-party beneficiary rights.
  • Notices. We may provide notices to you via the Service or the email associated with your account. You may contact us as set out in Section 21.

21. Contact Us

If you have questions about these Terms, contact us at:

[COMPANY LEGAL ENTITY NAME] [COMPANY MAILING ADDRESS] Email: [CONTACT EMAIL]

By using Talk Therapy AI, you acknowledge that you have read and understood these Terms, including the disclaimers, the crisis/emergency notice, the disclaimer of warranties, the limitation of liability, and the binding-arbitration and class-action-waiver provisions, and that you agree to be bound by them.

Reminder for the Company: This is a first-pass template only and is not legal advice. Have a licensed attorney review and finalize it, complete all [BRACKETED PLACEHOLDERS], and independently verify all factual statements — especially the data-handling representations in Section 9 — before publishing.