Terms of Service

Last Updated: April 16, 2026

If you are in crisis, please stop and get help now.

If you or someone you know is in immediate danger, call 911 (US) or your local emergency number. For mental health crises in the US, call or text 988 (Suicide & Crisis Lifeline) or text HOME to 741741 (Crisis Text Line). Lilikoi is not an emergency service and cannot summon help on your behalf.

Contents

  1. Acceptance of Terms
  2. Medical Disclaimer & Scope of Service
  3. Emergencies and Safety
  4. AI Interaction & Informed Consent
  5. Eligibility & Account Security
  6. Privacy & Data Use
  7. User Conduct
  8. Payment & Subscriptions
  9. Intellectual Property & Feedback
  10. App Store Terms
  11. Disclaimer of Warranties
  12. Limitation of Liability
  13. Indemnification
  14. Dispute Resolution, Arbitration & Class Action Waiver
  15. Governing Law & Venue
  16. Termination
  17. Changes to These Terms
  18. General Provisions
  19. Contact

1. Acceptance of Terms

By creating an account, accessing, joining a waitlist for, or using the Lilikoi application, website, or related services (collectively, the "App" or "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"). You acknowledge that these Terms form a binding contract between you and the Company.

2. Medical Disclaimer & Scope of Service

LILIKOI IS NOT A MEDICAL DEVICE, NOT A HEALTHCARE PROVIDER, AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

No Professional Relationship: Your use of Lilikoi does not create a doctor-patient, therapist-client, psychologist-client, counselor-client, or any other professional healthcare or fiduciary relationship. Lilikoi does not constitute psychotherapy, psychological counseling, psychiatric care, social work, or the practice of medicine, psychology, counseling, or any other licensed profession in any jurisdiction.

General Wellness Tool: Lilikoi is a self-help and coaching tool intended for general wellness, stress management, and self-reflection for non-clinical users. It is not designed to diagnose, treat, cure, mitigate, or prevent any medical or mental health condition (including, but not limited to, depression, anxiety disorders, PTSD, OCD, bipolar disorder, schizophrenia, eating disorders, or substance use disorders).

Intended Audience: Lilikoi is intended for adults who are generally well and seeking coaching-style support for everyday stressors. It is not intended for, and you agree not to rely on it if you are experiencing: active suicidal or homicidal ideation; psychosis or a thought disorder; an active substance-use crisis; an active eating disorder requiring medical supervision; acute trauma reactions; or any condition requiring urgent professional care.

Techniques Referenced: The App references concepts inspired by cognitive behavioral therapy (CBT) and related self-help frameworks. References to these concepts are educational and do not constitute clinical treatment, and the Company does not represent that use of the App will produce any particular clinical or therapeutic outcome.

Not a Substitute for Care: The App is not a substitute for advice, diagnosis, or treatment from a licensed healthcare professional. Never disregard professional medical advice or delay seeking it because of something you read or heard in the App.

3. Emergencies and Safety

Not for Emergencies: Lilikoi is not equipped to handle medical or psychiatric emergencies. The App is not monitored in real time by clinicians, cannot physically intervene, and cannot contact emergency services on your behalf.

Immediate Action Required: If you or someone you know is experiencing a crisis, contemplating self-harm or suicide, at risk of harming others, or otherwise in danger, you agree to immediately stop using the App and:

  • In the United States, call 911 or go to the nearest emergency room;
  • Call or text 988 (Suicide & Crisis Lifeline);
  • Text HOME to 741741 (Crisis Text Line); or
  • Outside the US, contact your local emergency services or equivalent crisis line.

Safety Acknowledgment: You acknowledge that the App may attempt to recognize crisis-related language and provide you with such resources, but this feature is not guaranteed to detect every crisis and should not be relied upon as a safety net.

4. AI Interaction & Informed Consent

You acknowledge and agree that you are interacting with an artificial intelligence ("AI") system, not a human being, and that your use of the App is a voluntary, informed choice.

AI Limitations: The AI generates responses based on patterns in data. It may occasionally "hallucinate" or provide information that is inaccurate, biased, inappropriate, out of date, or unsuitable for your situation. You agree to evaluate all information provided by the App with independent judgment and, where appropriate, consult a licensed professional.

Informed Consent to Use: You voluntarily consent to use an experimental, AI-based wellness tool with the understanding that its outputs may be imperfect and that it is not a substitute for professional care. You assume all risks associated with your use of the App and any decisions you make based on it.

No Human Oversight in Real Time: Conversations are not reviewed in real time by human clinicians. Aggregated or de-identified content may be reviewed for safety, quality assurance, or improvement of the Service, as described in our Privacy Policy.

Third-Party AI Providers: The App may use third-party large language model providers to generate responses. Those providers process inputs under their own terms and safeguards, as summarized in our Privacy Policy.

5. Eligibility & Account Security

Age Requirement: You must be at least 18 years old and legally able to enter into a binding contract to use Lilikoi. By using the App, you represent and warrant that you meet these requirements. We do not knowingly collect data from anyone under 18. If we learn that a user is under 18, we will terminate the account and delete associated data.

Accurate Information: You agree to provide accurate information when creating your account and to keep it current.

Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use.

6. Privacy & Data Use

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection, processing, and use of your data as described in the Privacy Policy, including collection of voice recordings, text transcripts, conversation summaries, toolkit preferences, and usage data.

Security: While we implement reasonable administrative, technical, and physical safeguards, no system is completely secure. You acknowledge that you provide your information at your own risk.

7. User Conduct

You agree not to:

  • Use the App to generate, request, or distribute content that promotes self-harm, violence, illegal acts, sexual exploitation, or harassment;
  • Attempt to "jailbreak," prompt-inject, or otherwise manipulate the AI to ignore its safety, content, or crisis-intervention protocols;
  • Reverse engineer, decompile, disassemble, scrape, or attempt to extract the App's source code, models, prompts, or interface designs (including the "Orb" interface);
  • Use the App to provide professional advice or services to third parties, or to build or train a competing product or AI model;
  • Impersonate any person or misrepresent your affiliation with any person or entity;
  • Use bots, scrapers, or other automated means to access the App;
  • Resell, sublicense, or share your account with others; or
  • Interfere with or disrupt the App or its servers and networks.

8. Payment & Subscriptions

Fees: Certain features may require a paid subscription. Prices, billing intervals, and features are disclosed at the point of purchase.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period at the then-current price, unless canceled before the end of the current period. You authorize us (or the applicable app store) to charge your payment method on a recurring basis.

Cancellation: You may cancel at any time through the settings of the app store where you subscribed (e.g., Apple App Store or Google Play) or through in-app settings, if available. Cancellation takes effect at the end of the current billing period.

Price Changes: We may change subscription prices with reasonable advance notice. Continued use after a price change constitutes acceptance.

No Refunds: Except where required by applicable law (including consumer protection laws in California and elsewhere), payments are non-refundable and there are no refunds or credits for partially used periods.

California Residents: In accordance with California's Automatic Renewal Law, you may cancel your subscription and request a refund of any unused portion within the time periods specified by law.

9. Intellectual Property & Feedback

Our Rights: The App, including its software, content, design, "Orb" interface, "Toolkit" system, prompts, and trademarks, is owned by the Company or its licensors and is protected by intellectual property laws.

Your License: We grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the App for your own personal, non-commercial use, subject to these Terms.

Your Content: You retain ownership of the content you submit (e.g., voice recordings, text). You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, process, and use your content solely to operate, secure, and improve the Service, as further described in the Privacy Policy.

Feedback: If you submit feedback, suggestions, or ideas, you grant the Company a perpetual, irrevocable, royalty-free, worldwide license to use them without restriction or compensation to you.

10. App Store Terms

If you download the App through the Apple App Store or Google Play, you acknowledge and agree that:

  • These Terms are between you and the Company, not with Apple or Google;
  • Apple and Google have no obligation to provide maintenance or support for the App;
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable app store, which may refund the purchase price (if any); to the maximum extent permitted by law, the app store will have no other warranty obligation;
  • The Company is solely responsible for addressing any product liability, consumer protection, or intellectual property claims relating to the App;
  • Apple and Google are third-party beneficiaries of these Terms and may enforce them against you; and
  • You will comply with all applicable third-party terms of the app store when using the App.

11. 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 OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR ITS AI OUTPUTS WILL BE ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, SAFE, OR SUITABLE FOR YOUR PURPOSES.

12. Limitation of Liability

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

OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (USD $100).

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR, WHERE APPLICABLE, PERSONAL INJURY.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its founders, officers, directors, employees, affiliates, and licensors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) content you submit to the App.

14. Dispute Resolution, Arbitration & Class Action Waiver

Informal Resolution First: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@lilikoi.app. We will attempt to resolve the dispute within 60 days of receiving notice.

Mandatory Arbitration: Except as provided below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in English, and seated in Delaware (or another location mutually agreed). Judgment on the award may be entered in any court of competent jurisdiction. 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, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions: The following are not subject to mandatory arbitration: (a) claims that may be brought in small-claims court, if they qualify; and (b) claims seeking injunctive or equitable relief for alleged infringement or misuse of intellectual property rights.

30-Day Opt-Out: You may opt out of this Section 14 by sending written notice to legal@lilikoi.app 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.

Severability of this Section: If the class action waiver is found unenforceable, then the entirety of this Section 14 shall be null and void, but the remainder of these Terms will remain in effect.

15. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 14 (Arbitration), any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there. Nothing in this section limits consumer rights that cannot be waived under the laws of your place of residence.

16. Termination

By You: You may stop using the App and delete your account at any time via in-app settings or by contacting support@lilikoi.app.

By Us: We may suspend or terminate your access to the App at our discretion, with or without notice, for any reason, including violation of these Terms, legal or safety concerns, or discontinuation of the Service.

Effect of Termination: Upon termination, your license to use the App ends and your data will be handled as described in the Privacy Policy. Sections that by their nature should survive termination (including Sections 2, 3, 6, 9, 11–15, and 18) will survive.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (such as by email or an in-app notice) before they take effect. Your continued use of the App after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the App.

18. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any additional terms presented in the App, constitute the entire agreement between you and the Company regarding the Service.

Severability: If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

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 in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

Notices: We may send notices to you via email or in-app. Notices to us must be sent to legal@lilikoi.app.

19. Contact

Questions about these Terms? Contact us at legal@lilikoi.app. For support, email support@lilikoi.app.