Terms of Service

BetterMind Mental Wellness App

Effective Date: June 30th, 2025
Last Updated: June 30th, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BetterMind LLC (“BetterMind,” “we,” “us,” or “our”) regarding your use of the BetterMind mobile application and related services (collectively, the “Service”).

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE BETTERMIND APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Company Information:

Legal Entity: BetterMind LLC
Address: 1114 Heron Ct, Mukwonago, WI 53149
Contact: help@betteru.app

2. SERVICE DESCRIPTION

2.1 BetterMind Platform

BetterMind is a mental wellness mobile application that provides:

AI-powered therapeutic conversations and emotional support
Mood tracking and analytics tools
Digital journaling with sentiment analysis
Mental health resources and crisis intervention information
Guided self-help exercises and wellness content
Professional mental health provider directory

2.2 Service Availability

The Service is available on iOS and Android mobile devices through the respective app stores. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

2.3 Age Requirement

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS SERVICE. By using BetterMind, you represent and warrant that you are at least 18 years of age. We do not knowingly collect personal information from individuals under 18.

3. CRITICAL MENTAL HEALTH DISCLAIMERS

3.1 Not Professional Medical Advice

IMPORTANT: BETTERMIND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, THERAPY, OR CRISIS INTERVENTION SERVICES.

The Service provides general wellness information and AI-powered conversations for emotional support
Content is NOT professional medical, psychiatric, or therapeutic advice
AI responses are computer-generated and do not constitute professional counseling
You should not rely on BetterMind for diagnosis, treatment, or management of mental health conditions

3.2 Professional Care Recommendation

WE STRONGLY ENCOURAGE USERS TO:

Consult with qualified mental health professionals for serious concerns
Maintain ongoing relationships with healthcare providers
Use BetterMind as a supplement to, not replacement for, professional care
Seek immediate professional help for severe mental health symptoms

3.3 Emergency Situations

IN CASE OF MENTAL HEALTH EMERGENCY OR CRISIS:

Immediately contact emergency services (911 in the US)
Call the 988 Suicide & Crisis Lifeline: 988
Go to your nearest emergency room
Contact your mental health provider’s emergency line

BetterMind cannot and does not provide emergency intervention services. Our AI system may identify concerning content but cannot guarantee detection of all crisis situations.

4. USER ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features, you must create an account by providing accurate, complete information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Immediately notifying us of any unauthorized access

4.2 Account Security

Choose a strong, unique password
Do not share your account with others
Enable device-level security features when available
Log out of shared or public devices

4.3 Account Termination

You may delete your account at any time through the app settings. We may suspend or terminate accounts that violate these Terms.

5. SUBSCRIPTION AND BILLING TERMS

5.1 Freemium Model

BetterMind operates on a freemium model with two tiers:

Free Tier Includes:

5 journal entries per month
10 AI chat messages per day
Basic mood tracking
Limited avatar options
Access to crisis resources (always free)

Premium Tier ($9.99/month) Includes:

Unlimited journal entries
Unlimited AI conversations
Advanced mood analytics
All avatar options and customization
Guided self-help exercises
Priority customer support
Data export capabilities

5.2 Billing and Payment

Premium subscriptions are billed monthly through your app store account
Charges will appear on your app store payment method
Prices are subject to change with 30 days’ notice
No refunds for partial months of service

5.3 Subscription Management

Manage subscriptions through your device’s app store settings
Cancellation takes effect at the end of the current billing period
Your data remains accessible during any paid period
Free tier limitations resume after premium cancellation

5.4 Auto-Renewal

Premium subscriptions automatically renew unless canceled at least 24 hours before the renewal date. You can disable auto-renewal in your app store account settings.

6. USER CONTENT AND DATA

6.1 Your Content

You retain ownership of all content you create, including:

Journal entries and mood data
Chat conversations with AI
Profile information and preferences
User-uploaded images (avatars, etc.)

6.2 Content License to BetterMind

By using the Service, you grant BetterMind a limited, non-exclusive license to:

Store and process your content to provide the Service
Use aggregated, de-identified data for service improvement
Display your content within the app interface
Backup and secure your data

6.3 Data Privacy and Security

We implement industry-standard security measures to protect your data
Mental health information receives enhanced privacy protections
We do not sell personal data to third parties
Detailed privacy practices are outlined in our Privacy Policy

6.4 Data Portability

Premium users can export their data in standard formats. Free users may request data exports by contacting support.

7. AI CHAT TERMS AND LIMITATIONS

7.1 AI Technology

Our AI chat feature uses advanced language models to provide conversational support. However:

AI responses are computer-generated, not human advice
AI cannot replace human judgment or professional expertise
Responses may occasionally be inaccurate or inappropriate
AI learning is limited to general conversation patterns

7.2 Crisis Detection

While our AI attempts to identify concerning content and provide crisis resources:

AI crisis detection is not foolproof and may miss serious situations
Never rely solely on AI for crisis intervention
Always seek human help for emergencies

7.3 AI Conversation Guidelines

Be honest but maintain appropriate boundaries
Do not share information that could identify other people
Report concerning or inappropriate AI responses
Remember that conversations may be reviewed for quality assurance

8. PROHIBITED USES

You agree NOT to use BetterMind to:

8.1 Illegal Activities

Violate any applicable laws or regulations
Engage in fraudulent activities
Share illegal content or instructions

8.2 Harmful Content

Post content promoting self-harm or suicide
Share graphic violence or disturbing imagery
Distribute hate speech or discriminatory content
Harass, threaten, or intimidate others

8.3 System Abuse

Attempt to hack, reverse engineer, or compromise the Service
Use automated tools to access the Service
Overwhelm our systems with excessive requests
Circumvent usage limits or payment requirements

8.4 Misrepresentation

Impersonate others or provide false information
Present AI responses as professional medical advice
Misuse the Service for commercial purposes without permission

9. INTELLECTUAL PROPERTY

9.1 BetterMind Ownership

OmniPulse IP LLC owns all rights to:

The app software and user interface
AI models and conversation algorithms
Branding, logos, and trademarks
Curated mental health resources and content
Service improvements derived from user data

9.2 Third-Party Content

Some content may be licensed from third parties. Respect all intellectual property rights and licensing terms.

9.3 User Feedback

Any feedback, suggestions, or ideas you provide may be used by BetterMind without compensation or attribution.

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Our Privacy Policy, incorporated by reference, explains how we collect, use, and protect your information. Please review it carefully.

10.2 Mental Health Data

We recognize the sensitive nature of mental health information and implement additional safeguards:

Enhanced encryption for mood and journal data
Limited access controls for support staff
Option to delete sensitive data permanently
Compliance with applicable health privacy regulations

10.3 Third-Party Services

We may use third-party services for analytics, payment processing, and AI functionality. These providers have their own privacy policies and security measures.

11. SERVICE AVAILABILITY AND SUPPORT

11.1 Uptime and Reliability

While we strive for high availability, we cannot guarantee uninterrupted service. Temporary outages may occur for maintenance, updates, or technical issues.

11.2 Customer Support

Free users: Email support with reasonable response times
Premium users: Priority support with faster response times
Crisis situations: Immediate referral to appropriate emergency resources

11.3 Service Updates

We may update the app to add features, fix bugs, or improve performance. Critical security updates may be mandatory.

12. LIMITATION OF LIABILITY

12.1 Service Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

BetterMind is provided “AS IS” without warranties of any kind
We disclaim all warranties, express or implied, including fitness for a particular purpose
We do not warrant that the Service will be error-free or uninterrupted

12.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED:

For Premium users: The amount you paid for the Service in the 12 months preceding the claim
For Free users: $50

12.3 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, or consequential damages
Lost profits, data, or business opportunities
Personal injury or property damage
Failure to provide adequate mental health care
Decisions made based on AI conversations or Service content

12.4 Medical Disclaimer

YOU ACKNOWLEDGE THAT:

BetterMind is not liable for medical decisions based on Service use
Professional medical advice should be sought for health concerns
Emergency services should be contacted for crisis situations
The Service cannot replace proper mental health treatment

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BetterMind, its officers, directors, employees, and agents from any claims, damages, costs, or expenses (including reasonable attorney fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any content you submit or share through the Service

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles.

14.2 Binding Arbitration

ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

14.3 Arbitration Process

Arbitration will be conducted in Wisconsin unless both parties agree otherwise
Each party bears their own costs unless the arbitrator decides otherwise
The arbitrator’s decision is final and binding
Class actions and jury trials are waived

14.4 Small Claims Exception

You may pursue claims in small claims court if they qualify under applicable small claims court rules.

14.5 Emergency Relief

Nothing herein prevents either party from seeking emergency injunctive relief in court to prevent irreparable harm.

15. CHANGES TO TERMS

15.1 Modification Rights

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms in the app.

15.2 Notification

Significant changes will be communicated through the app or email
Continued use after changes constitutes acceptance
If you disagree with changes, stop using the Service

15.3 Version History

Previous versions of these Terms may be available upon request.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BetterMind regarding the Service.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign your rights under these Terms. We may assign our rights and obligations to any party without your consent.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

17. CONTACT INFORMATION

For questions about these Terms or the BetterMind Service, contact us at:

BetterMind LLC
1114 Heron Ct
Mukwonago, WI 53149
Email: help@betteru.app

18. EFFECTIVE DATE

These Terms of Service are effective as of June 30th, 2025, and apply to all users of the BetterMind Service.

By using BetterMind, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: June 30th, 2025
Version: 1.0