Terms of Use

The Terms of Use (“Terms of Use”) form an agreement between licensed mental health professionals/ clients (hereinafter referred to as “you”) and Aware AI Technologies Private Limited (together with affiliates referred to as “TheAware.AI”, “company”, “we”, “our” or “us”). These Terms of Use apply to your use of services associated with mobile application and website designed for our product Mirror, hosted at https://mirrorconnect.app dedicated to individual's personal growth and overall emotional well-being (hereinafter referred to as “Services”).

These Terms of Use include our Service terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms of Use.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Who we are

TheAware.AI is a company dedicated to enable personal growth and emotional well-being by connecting you with mental health professionals. These Terms of Use govern your use of the Services. Services means the personalized journaling and mental health support services provided by TheAware.AI through the mobile application for clients and the website portal for licensed mental health professionals, including features such as generative AI, AI Chatbot, encrypted journaling, templates, reminders, and secured communications with professionals. For more information about TheAware.AI, please visit https://theaware.ai.

Registration and access

Minimum age: You must be at least 13 years old. If you are under 18 you must have your parent or legal guardian's permission to use the Services.
Registration: Licensed mental health professionals can create an account on the website portal and clients can create an account on the mobile application. For the mobile application, you must sign in using a valid Google or Apple account. Professionals accessing the website portal must provide a valid email and verify their licensed credentials. Professionals must provide accurate and complete information by registering account in website portal to use our Services. Clients may or may not provide information to register in the mobile application, as user information in mobile application is optional. You may not share your account credentials or make your account available to anyone else. You are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms of Use, on their behalf.

Using our Services

What you can do: Subject to your compliance with these Terms of Use, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you.
What you cannot do: You may not use our Services for any illegal, harmful, or abusive activity.
For example, you may not:
1. Use our Services in a way that infringes, misappropriates, or violates anyone's rights.
2. Modify, copy, lease, sell or distribute any of our Services.
3. Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
4. Automatically or programmatically extract data or output.
5. Represent that output was human generated when it was not.
6. Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
7. Use output to develop models that compete with TheAware.AI .
Software: Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Our software may include open-source software that is governed by its own licenses that we've made available to you.
Use of AI: Our Services utilizes artificial intelligence (AI) to provide personalized prompts and a chatbot to assist with journaling and emotional regulation. The AI generates prompts by calling APIs hosted on our servers or your local device. The chatbot contextualizes its responses based on your previous conversations and journal entries shared within the app. We do not store any of your data on our servers for AI purposes, and your data is not used to train our AI models. The chatbot is designed to help regulate emotions and provide insights, but it is not a replacement for professional mental health services.
Generative AI Output: Our services may include third party software, products, or services (“Third Party Services”). If Third Party Services are used to generate generative AI output, the generative AI output shall be subject to the terms of these Third Party Services and we are not responsible for them.
Feedback: We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Our IP rights

We own all rights, title, and interest in and to the Services.

Paid accounts

Billing: We offer a subscription-based model for you to access AI-powered features. We integrate a secure billing and payment system, enabling clients to manage payments for subscriptions and professional sessions. Payment details are encrypted and tokenized, with processing handled by a trusted third-party gateway. You can view billing history, manage subscriptions, and update payment information within the application. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation: You can cancel your paid subscription at any time, effective at the end of the current billing period. Payments are non-refundable for partial billing periods, except where required by law. For professional sessions, fees are non-refundable if the session is less than 24 hours into the future. Otherwise, you can reschedule your session but not get a refund. These Terms of Use do not override any mandatory local laws regarding your cancellation rights.
Changes: We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel, if you do not agree to the price increase.

Termination and suspension

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

You breached these Terms of Use
We must do so to comply with the law.
Your use of our Services could cause risk or harm to TheAware.AI, you, or anyone else.

We also may terminate your account if it has been inactive for over a year, and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with us by sending an email to mirror@theaware.ai.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services within 30 days.

Disclaimer of warranties

Our Services are provided “as is” without any warranties, except to the extent prohibited by law. We and our affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the Services, and disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Services will be uninterrupted, accurate or error free.

Limitation of liability

Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms will not exceed the amount you paid for the Service that gave rise to the claim during the 12 months before the liability arose. The limitations in this section apply only to the maximum extent permitted by applicable law.

Dispute Resolution

You and TheAware.AI agree to the following mandatory arbitration and class action waiver provisions:

Mandatory Arbitration: You and TheAware.AI agree to resolve any claims arising out of or relating to these Terms of Use or our Services, regardless of when the claim arose, (a “Dispute”), through final and binding arbitration.
Informal dispute resolution: We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through an email to mirror@theaware.ai. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum: The arbitration proceedings shall be held in accordance with the rules laid down by the Indian Arbitration and Conciliation Act, 1996 and the seat of arbitration shall be Delhi, India. The arbitration proceedings shall be conducted in the English language. The Arbitrator's award shall be substantiated in writing. The court of arbitration shall also decide on the costs of the arbitration proceedings. In case the arbitrators have not decided on the costs of the arbitration proceedings, each party to the Dispute shall bear its own costs, in relation to the arbitration proceedings. The award shall be binding on the Parties subject to the applicable laws in force and the award shall be enforceable in any competent court of law.
Class Action Waiver: You and TheAware.AI agree that Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.

General Terms

Assignment: You may not assign or transfer any rights or obligations under these Terms of Use and any attempt to do so will be void. We may assign our rights or obligations under these Terms of Use to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services: We are continuously working to develop and improve our Services. We may update these Terms of Use or our Services accordingly from time to time. For example, we may make changes to these Terms of Use or the Services due to:
1. Changes to the law or regulatory requirements.
2. Security or safety reasons.
3. Circumstances beyond our reasonable control.
4. Changes we make in the usual course of developing our Services.
5. To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms of Use that materially adversely impact you either via email or an in-product notification. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms: Our failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms of Use is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible, and it will not affect the enforceability of any other terms.
Entire agreement: These Terms of Use contain the entire agreement between you and TheAware.AI regarding the Services and any other Service specific terms, supersedes any prior or contemporaneous agreements between you and TheAware.AI.
Governing law: These Terms of Use shall be governed and construed in accordance with the laws of India. The parties agree that only the courts in West Bengal, India will have the exclusive jurisdiction with respect to any matter connected with these Terms of Use.

Contact Us

You may contact us for additional queries using this link.