Choiceful Legal
Terms of Use
The agreement that governs your use of Choiceful’s website, app, and AI-guided OCD support services.
Who We Are
Welcome to Choiceful! Choiceful (“Choiceful Inc”, “Choiceful,” “we,” “our,” “us”) provides our AI-guided OCD support app (the “App”) and website at choicefulOCD.com (the “Site”). To make these Terms easier to read, the Site, our services, and App are collectively called the “Services.” Please read these Terms of Usage (the “Terms”) carefully because they govern your usage of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. Your continued use of our app following the posting of changes to these Terms of Service will indicate your acceptance of those changes.
Privacy Policy
You acknowledge and agree that your use of the Services is subject to our Privacy Policy. Furthermore, when we process your personal data that may be a special category of personal data as defined in Article 9 of the EU General Data Protection Regulation, such as data concerning health, you provide your explicit consent for that processing. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.
If you use Choiceful through a referral or invitation from a licensed mental health professional, some or all of the information you provide may constitute Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In that context, Choiceful acts as a Business Associate to your treating therapist, the Covered Entity. Your rights with respect to your PHI, and how we handle it, are described in our Privacy Policy.
Eligibility
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services, described in the “Payment” section below, you must be 18 years or older and capable of forming a binding contract.
Medical Disclaimer
While Choiceful is created by OCD sufferers and reviewed by therapists with the intention to help treat OCD, our methodology is not clinically reviewed or backed. Choiceful is not intended to diagnose, treat, or cure any mental health conditions. Any actions taken based on information provided on this app are taken at your own risk. It is not intended to be a substitute for professional mental health advice, diagnosis, or treatment. Always seek the advice of a qualified mental health professional with any questions you may have regarding a mental health condition. We always recommend using Choiceful under the supervision of a qualified professional.
If at any time you are concerned about your care or treatment, or you believe or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
BY ACCEPTING THESE TERMS, YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT PROVIDE CLINICAL OR MEDICAL SERVICES, OR MENTAL HEALTH DIAGNOSIS OR TREATMENT SERVICES.
YOU AGREE AND ACKNOWLEDGE THAT CHOICEFUL IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN PROVIDERS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
Artificial Intelligence Interaction Guidelines
The AI in this app is designed to provide personalization and basic support by offering a safe space for users to express their emotions, learn coping mechanisms, and gain insights into their mental wellbeing. However, it is not providing therapy under an “AI therapist” persona or otherwise. Rather, we use AI to supplement the mental health support framework we have developed in the App through its personalization and basic logical capabilities. The AI is not, nor should it be thought of to be, providing mental health treatment or a replacement for professional mental health care.
If you are in crisis or need immediate assistance, please contact a healthcare professional or a trusted person in your life. While our AI strives to provide accurate and helpful information, it may not always fully understand or correctly interpret user inputs. Users should always consult with a healthcare professional for accurate information and advice. Our AI does not understand or process information in the same way a human would. It uses algorithms and predictive models to respond to user inputs. It does not have feelings, emotions, or consciousness. The AI’s responses should be understood within this context.
User Content
It is possible for you to submit your own content (“User Content”), such as journal entries to receive AI feedback or other writings submitted in the App. User Content and any information contained in User Content, including personal information you may have included, is stored and collected as part of the Service.
You have full control and ownership of the information included in User Content. Choiceful does not read or access any of your private User Content except as needed to provide, secure, support, or comply with legal obligations related to the Services. We understand the sensitive nature of this content and work to protect and secure this information. Such content is encrypted and stored locally on your device or in the cloud.
Data Retention and Deletion
Data Retention Period
We retain your personal information and User Content in accordance with applicable law and our Privacy Policy. The following summarizes our key retention practices.
If you cancel your subscription or stop using the Services, we may continue to retain certain information as required by law or for legitimate business purposes, consistent with the periods below.
- PHI, including therapy chat logs and mental health data, is retained for 7 years from your last account activity, as required by HIPAA and California’s Confidentiality of Medical Information Act (CMIA). For users who were under 18 at account creation, PHI is retained for 7 years from last account activity or until the user turns 25, whichever is longer.
- Non-PHI personal data is retained for the duration of your active account. After 1 year of account inactivity, non-PHI data is purged and your account is archived.
- Analytics and usage data is retained for up to 1 year from last account activity, then deleted.
Data Deletion Requests
You have the right to request deletion of your personal data at any time. Upon receiving a valid deletion request:
- We will delete your data from active systems within 24-72 hours of your request.
- Your data may remain in database backups for up to 30 days following deletion from active systems.
- After 30 days, your data will be permanently removed from all systems, including backups.
How to Request Deletion
To request deletion of your data, contact us at support@choicefulOCD.com with “Data Deletion Request” in the subject line.
Exceptions to Deletion
Notwithstanding the above, we may retain certain information where required by law, to comply with legal obligations, resolve disputes, enforce our agreements, or for other legitimate business purposes such as fraud prevention and safety.
License to Use
Choiceful is licensed, not sold, to you for use strictly in accordance with these Terms. The app is solely for your personal, non-commercial use. The license granted to you is non-exclusive, non-transferable, and revocable. You may not copy, modify, distribute, sell, or transfer any part of the app or its content without our prior written consent. The license does not grant you any rights to use the app for any other purpose or to access any other software or services.
Intellectual Property Rights
Choiceful and its entire contents, features, and functionality, excluding User Content, are owned by us and our licensors and are protected by intellectual property laws. You acknowledge that the app and its content are proprietary to us and our licensors and that you have no rights to the app or its content other than as expressly granted in these Terms.
You agree not to copy, modify, distribute, sell, transfer any part of the app or its content, or create derivative works based on the app or its content unless expressly authorized by us in writing. Unauthorized use of the app or its content may violate intellectual property laws and will result in termination of your license to use the app.
Payment
While Choiceful is free to start, we charge a paid subscription fee to access premium features and services.
Renewal and Cancellation
Your subscription will automatically renew at the end of each subscription period unless you cancel before the renewal date. You can cancel at any time by following instructions in the app or contacting customer support. If you cancel, you will continue to have access until the end of your current subscription period. We do not provide refunds or credits for unused portions of a subscription period.
Price and Tax Changes
By subscribing to our mobile app, you agree to pay the subscription fee specified at purchase. We reserve the right to change subscription fees or other charges associated with the app at any time. If we change the subscription fee, we will provide notice via email or through the app. You will be deemed to have accepted the change if you continue using the app after notice. In addition to the subscription fee, you may be required to pay taxes, duties, or other fees imposed by your local government, and you are solely responsible for those amounts.
Future Functionality
You agree that your purchases are not contingent on delivery of any future functionality or features, or dependent on oral or written public comments made by Choiceful regarding future functionality or features.
Limitation of Liability
Representations and Warranties
You represent and warrant that your use of the Services will be in accordance with these Terms and all applicable laws, regulations, and rules. You specifically represent and warrant that you are legally authorized to share any personal information, belonging to yourself or others on whose behalf you submit such information, with us.
Warranty Disclaimers
Choiceful cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data, loss of data, or service interruptions. Choiceful cannot assume responsibility for timeliness, accuracy, deletion, non-delivery, or failure to store user data, communications, or personalization settings. It is your responsibility to back up any information you enter into the Services.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CHOICEFUL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. CHOICEFUL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CHOICEFUL MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHOICEFUL OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
Limitation on Damages
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CHOICEFUL NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHOICEFUL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, CHOICEFUL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU TO CHOICEFUL FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. CHOICEFUL IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
Claims Deadline
Any claim arising from usage of the Services must be brought within two (2) years of the occurrence of the event from which the claim arose.
Indemnification
You agree to indemnify, defend, and hold harmless Choiceful and its representatives from any third-party liability, loss, claim, suit, damage, and expense, including reasonable attorneys’ fees, arising out of or connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of rights of a third party, including intellectual property rights; (d) any content you post, upload, use, distribute, store, or otherwise transmit through the Services; or (e) any negligent or wrongful conduct by you or any other person accessing the Services through your account.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Dispute Resolution
Please read this section carefully as it affects your rights.
Informal Dispute Resolution
Before filing a claim against Choiceful, you agree to try to resolve the dispute informally by contacting support@choicefulOCD.com. Most concerns can be resolved quickly and to your satisfaction through email.
Arbitration Agreement
If our support team is unable to resolve a complaint, you agree to resolve the dispute through binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, as applicable.
Arbitration Procedure
You and Choiceful agree to employ three (3) arbitrators: one selected by you, one selected by Choiceful, and a third selected by mutual consent. If you and Choiceful cannot agree upon the third arbitrator, the first two arbitrators shall select the third.
The arbitration shall be conducted by telephone, online, and/or solely based on written submissions, with the specific manner chosen by the party initiating arbitration. The arbitration shall not involve personal appearance by parties or witnesses unless mutually agreed. Judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Cost of Arbitration
You and Choiceful shall each pay 50% of all arbitrator costs, expenses, and fees incurred in connection with arbitrating under these Terms.
No Class Actions
YOU MAY ONLY RESOLVE DISPUTES WITH CHOICEFUL ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Exceptions to Arbitration
Choiceful may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in informal dispute resolution.
Opt Out
You may opt out of the arbitration and class action waiver provisions by contacting support@choicefulOCD.com within 30 days of first accepting these Terms and stating that you decline this dispute resolution process.
If you opt out of this dispute resolution process, or if any matter is otherwise determined not to be subject to arbitration, you submit to the exclusive jurisdiction of the state or federal courts located in New York County, New York.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION ARISING OUT OF OR RELATED TO THESE TERMS.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or related to this agreement or your use of the mobile app shall be brought exclusively in state or federal courts located in the State of New York. You consent and submit to the personal jurisdiction of such courts for litigating any such action or proceeding. You waive any right to trial by jury in any legal proceeding arising out of or related to this agreement or your use of the mobile app.
Changes to Terms
We reserve the right to make changes to these Terms at any time. For material changes, we will provide at least 30 days’ advance notice via in-App notification and/or email before changes take effect. Non-material changes, such as corrections, clarifications, or changes required by law, may take effect immediately. Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.
Contact Information
If you have questions about these Terms, the Services, or the Products, contact us at support@choicefulOCD.com.