Therapa Terms of Use

Legal Status & Critical Health Disclaimer READ THIS FIRST

Therapa (“Therapa”, “we”, “our”, “us”) is an AI‑driven mental‑wellness application, not a licensed health‑care provider. Therapa does not provide diagnosis, treat mental illness, prescribe medication, or serve as a substitute for professional therapy, counselling, psychology, psychiatry, or emergency services. No professional–patient relationship (medical, psychotherapeutic, fiduciary, or otherwise) is created by your use of the Services. If you believe you may harm yourself or others, or are experiencing a medical emergency, call your local emergency number immediately.

By accessing or using Therapa, you acknowledge these limits and agree to seek professional help where appropriate.

1 – Agreement to These Terms

These Terms of Use (“Terms”) form a binding contract between you and Gather Platforms Inc. (a Delaware corporation) governing your use of our mobile apps, websites, SMS/voice/email services, APIs, and any associated software or documentation (collectively, the “Services”). You accept these Terms by (i) creating an account, (ii) clicking an “I Agree” or similar button, or (iii) accessing or using any part of the Services.

If you are accepting on behalf of an organisation, you represent that you have authority to bind that entity. References to “you” or “User” include the entity on whose behalf you act and any authorised individual users.

2 – Eligibility

3 – Registration and Account Security

• You must provide accurate, complete registration information and keep it up to date.
• You are responsible for all activities under your account and must keep credentials confidential.
• You may not share or resell your account.
• We reserve the right to require multifactor authentication or other security steps.

4 – Licensed Right to Use the Services

Subject to your continued compliance with these Terms, we grant you a personal, revocable, non‑exclusive, non‑transferable, limited licence to access and use the Services for private, non‑commercial mental‑wellness support. All other rights are reserved.

5 – User Content & Data

1. Definition: “User Content” means any text, audio, images, prompts, ratings, feedback, or other material you input, record, upload, or generate.
2. Responsibility: You are solely responsible for User Content and must have all necessary rights to provide it.
3. No Model‑Training: We do not use User Content to train or fine‑tune our AI models. If we ever introduce any materially different use of User Content, we will update our Privacy Policy and comply with applicable law before such change takes effect.
4. Licence to Therapa: You grant us a worldwide, royalty‑free licence to use, reproduce, store, and process User Content only to provide, secure, and improve the Services as described in our Privacy Policy.
5. Similarity of Output: AI output may overlap with that provided to other users. You agree no exclusivity or originality guarantee is given.

6 – Acceptable Use Policy

You must not use the Services to:

• Violate any law, regulation, or court order.
• Impersonate or misrepresent affiliation with any person or entity.
• Distribute harmful code, spam, or content that is hateful, harassing, sexually exploitative, or otherwise unlawful.
• Infringe or misappropriate intellectual‑property or privacy rights.
• Attempt to reverse‑engineer, decompile, or derive source code or models (except where such restriction is prohibited by law).
• Evade usage limits or security controls, or overload, interfere with, or disrupt the Services.
• Develop or provide competing AI therapy, counselling, or diagnostic models or services using output from the Services.

We may suspend or terminate your account for violations.

7 – Professional & Medical Disclaimers

1. No Medical Advice: Information provided by the Services (text, audio, or any other format) is general educational content and not medical or mental‑health advice.
2. No Clinical Diagnosis: The Services do not diagnose, treat, cure, or prevent disease, nor do they create a provider‑client relationship.
3. Consult Professionals: You agree to seek professional healthcare advice for any medical or psychological condition and not to rely solely on the Services.

8 – Paid Accounts & Billing

If you purchase a subscription:

• Payment: You must provide valid payment information and authorise recurring charges until cancelled.
• Taxes: Prices are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes.
• Renewals: Subscriptions renew automatically at the then‑current rate unless you cancel before the renewal date.
• Cancellations: You may cancel at any time; fees already paid are non‑refundable except as required by law.
• Price Changes: We will provide at least 30 days’ notice of any price increase before it applies to you.

9 – Intellectual Property Rights

All right, title, and interest in the Services, including software, models, algorithms, content, trademarks, and branding, belong to Therapa or its licensors. Using the Services does not transfer any ownership to you. You may use our name or logo only in compliance with brand guidelines we publish.

10 – Feedback

If you provide suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, royalty‑free licence to use the feedback without restriction or compensation.

11 – Third-Party Services

The Services may incorporate or link to third‑party APIs, telecom services, or content (collectively “Third‑Party Services”). We are not responsible for Third‑Party Services and do not guarantee their accuracy or availability. Your use of Third‑Party Services may be governed by their own terms.

12 – Termination and Suspension

• Your Choice: You may stop using the Services and cancel your account at any time.
• Our Rights: We may suspend or terminate your access if:
  • (i) You breach these Terms
  • (ii) Your use poses security, legal, or reputational risk
  • (iii) We are required by law
  • (iv) Your account has been inactive for 12+ months without an active subscription
  We will provide notice where reasonable.
• Effect: Upon termination, your licence ends and you must cease use. Sections that by nature survive (including disclaimers, limitations, indemnities, governing law, and dispute resolution) remain in force.

13 – Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THERAPA AND ITS LICENSORS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY. YOU AGREE THAT AI OUTPUT MAY BE INACCURATE OR INCOMPLETE AND THAT YOU USE IT AT YOUR OWN RISK.

14 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THERAPA, ITS AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY.
• THERAPA’S AGGREGATE LIABILITY: ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
  • (A) USD 100
  • (B) THE AMOUNT YOU PAID TO THERAPA FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow certain disclaimers or limitations; they apply to the maximum extent lawful.

15 – Indemnification

If you are a business or organisation, you will defend, indemnify, and hold harmless Therapa, its affiliates, officers, directors, employees, and agents from and against any third‑party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

• (i) Your use of the Services
• (ii) User Content
• (iii) Your violation of these Terms or applicable law

16 – Dispute Resolution & Arbitration

1. Informal Resolution: Before filing a claim, both parties agree to attempt to resolve disputes informally by emailing legal@therapa.com with “Notice of Dispute.” If unresolved within 60 days, either party may proceed to arbitration.
2. Binding Arbitration: Any dispute arising out of or relating to these Terms or the Services shall be finally resolved by binding arbitration under the Rules of the Arbitration Foundation of Southern Africa (AFSA), seated in Cape Town, conducted in English by a single arbitrator. Judgment may be entered in any court of competent jurisdiction.
3. Class Action Waiver: Disputes must be brought solely in individual capacity; class, collective, and representative actions are prohibited.
4. Injunctive Relief: Either party may seek interim or injunctive relief in a competent court to protect intellectual property or confidential information.

If mandatory law in your jurisdiction prohibits arbitration agreements with consumers, this Section does not deprive you of any non‑waivable right to litigate in your local courts.

17 – Copyright & DMCA Procedure

Claims of copyright infringement should be sent to copyright@therapa.com and must include:

1. A physical or electronic signature of the copyright owner or authorised agent.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the infringing material and its location.
4. Contact information.
5. A statement of good‑faith belief that the disputed use is unauthorised.
6. A statement that the information is accurate under penalty of perjury, and that the signatory is authorised to act on behalf of the copyright owner.

We reserve the right to remove content and terminate repeat infringers.

18 – Modifications to Terms or Services

We may modify these Terms or the Services to reflect changes in law, security, or business needs. Material changes take effect 30 days after we provide notification by email or in‑product notice. All other changes are effective immediately upon posting. If you disagree with updated Terms, you must stop using the Services before they take effect.

19 – Trade Controls

You must comply with all applicable export‑control and sanctions laws. The Services may not be used (a) in countries embargoed by South Africa, the United States, the EU, or the UN, or (b) by anyone on government restricted‑party lists. You may not submit User Content that is controlled under export laws.

20 – General Terms

21 – Contact Us

Questions about these Terms? Email legal@therapa.com or write to:

Gather Platforms Inc.
Attention: Legal Department
8 The Green, Suite A, Dover, DE 19901, USA

© 2025 Gather Platforms Inc. All rights reserved.