Lilikoi - Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Lilikoi application ("App," "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the App.

"Lilikoi" refers to the service provided by Lilikoi, Inc. ("Company," "we," "us," or "our").

2. Medical Disclaimer (Critical)

LILIKOI IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

No Doctor-Patient Relationship: Your use of Lilikoi does not create a doctor-patient, therapist-client, or any other professional healthcare relationship.

Non-Clinical Tool: Lilikoi is a self-help and coaching tool designed for general wellness, stress management, and self-reflection. It is not designed to diagnose, treat, cure, or prevent any medical or mental health condition (including, but not limited to, depression, anxiety, PTSD, or bipolar disorder).

Not for Crisis: Lilikoi is not equipped to handle medical or psychiatric emergencies. The AI cannot physically intervene or contact emergency services on your behalf.

Immediate Action Required: If you or someone you know is experiencing a crisis, contemplating self-harm, or in danger, you agree to immediately stop using the App and call 911 (or your local emergency number) or contact the 988 Suicide & Crisis Lifeline.

3. AI Interaction & Assumption of Risk

You acknowledge and agree that you are interacting with an Artificial Intelligence (AI) system, not a human being.

Accuracy of Information: The AI generates responses based on patterns in data. It may occasionally "hallucinate" or provide information that is inaccurate, inappropriate, or ineffective. You agree to evaluate all advice or information provided by the App independently.

Assumption of Risk: You voluntarily assume all risks associated with using an experimental AI coaching tool. You agree that we are not responsible for any decisions, actions, or inaction you take based on the App’s output.

No Human Oversight: Conversations are not monitored in real-time by human clinicians.

4. Eligibility & Account Security

Age Requirement: You must be at least 18 years old to use Lilikoi.

Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account.

5. Privacy & Data Use

Your use of the App is also governed by our Privacy Policy. By using the App, you consent to the collection and use of your data, including "Conversation History," "Toolkit" preferences, and usage patterns, as outlined in the Privacy Policy.

Security: While we implement strong security measures, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your personal information at your own risk.

6. User Conduct

You agree not to:

Use the App to generate content that promotes self-harm, violence, illegal acts, or harassment.
Attempt to "jailbreak" or manipulate the AI to ignore its safety protocols or crisis intervention filters.
Reverse engineer, decompile, or copy the App’s source code or interface designs (including the "Orb" interface).

7. Payment & Subscriptions

Fees: Certain features (e.g., "Reflective Growth Journey") may require a subscription. Prices and terms are disclosed at the point of purchase.

No Refunds: Payments are non-refundable and there are no refunds or credits for partially used periods, except as required by applicable law.

8. Intellectual Property

Our Rights: The App, including its "Orb" design, "Toolkit" system, algorithms, and content, is the exclusive property of the Company.

Your License: We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial use.

9. Disclaimer of Warranties ("As Is")

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AI'S ADVICE WILL BE ACCURATE, HELPFUL, OR SAFE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS FOUNDERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE APP; (B) ANY ADVICE OR INFORMATION OBTAINED FROM THE AI; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.

11. Indemnification

You agree to indemnify and hold harmless the Company and its founders from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the App, your violation of these Terms, or your violation of any rights of a third party.

12. Dispute Resolution: Binding Arbitration & Class Action Waiver

Mandatory Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA). You are giving up the right to go to court and have a trial in front of a judge or jury.

Class Action Waiver: You agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Opt-Out: You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice to [Your Email/Address].

13. Termination

We reserve the right to suspend or terminate your access to the App at our sole discretion, at any time, for any reason, without notice or liability.