Terms of Service

These Terms of Service ("Terms") govern your access to and use of EmpatheticOther (the "Service"), operated by High Performance Ventures LLC ("Company," "we," "us," or "our"), accessible at empatheticother.com. Please read these Terms carefully before using the Service.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Description of Service

EmpatheticOther is an AI-powered grief companion platform that provides a compassionate, conversational experience designed to support individuals navigating loss and grief. The Service uses artificial intelligence to offer empathetic responses, grief education, and emotional support through a chat-based interface.

2. Eligibility

• You must be at least 18 years of age to use the Service.
• You must have the legal capacity to enter into a binding agreement.
• You must provide accurate and complete information when creating your account.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

• You must create an account to use the Service. You agree to provide truthful, accurate, and current information during registration.
• You are solely responsible for maintaining the security of your account and password. You agree to notify us immediately of any unauthorized access to or use of your account.
• We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading.
• You may not create multiple accounts, share your account credentials, or transfer your account to another person without our written consent.

4. Subscription Plans and Billing

4.1 Subscription Plans

The Service is offered through paid subscription plans. Details of available plans, including pricing, features, and usage limits, are displayed on our pricing page and may be updated from time to time. By subscribing to a plan, you agree to pay the applicable fees.

4.2 Billing and Payment

• Subscription fees are billed in advance on a monthly recurring basis. All fees are quoted and charged in U.S. dollars.
• Payment processing is handled by Stripe, Inc. By providing payment information, you agree to Stripe's Terms of Service and Privacy Policy.
• You authorize us to charge your designated payment method for all fees incurred in connection with your account.
• If your payment method fails or your account is past due, we may suspend access to the Service until payment is successfully processed.

4.3 Usage Limits and Top-Ups

• Each subscription plan includes a monthly computational cost allowance. When your usage reaches 60% of your allowance, the Service may switch to a more cost-efficient AI model to extend your remaining allowance.
• When your usage reaches 80% of your allowance, your account will be temporarily paused until the next billing period or until you purchase a usage top-up.
• Usage top-ups are one-time purchases that add additional cost allowance to your current billing period. Top-ups are non-refundable and expire at the end of the billing period in which they are purchased.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through the Stripe Customer Portal accessible from your Settings page or by contacting us.
• Upon cancellation, your subscription will remain active until the end of the current billing period. You will not be charged for subsequent periods.
• We do not provide prorated refunds for partial billing periods. If you cancel mid-cycle, you retain access for the remainder of the period you have already paid for.
• We reserve the right to offer refunds at our sole discretion on a case-by-case basis. Refund requests may be submitted to Results@HighPerformanceVentures.com.

4.5 Price Changes

We reserve the right to modify subscription pricing at any time. We will provide at least 30 days' advance notice of any price increase via email and/or a prominent notice within the Service. Price changes will take effect at the start of your next billing period following the notice period. If you do not agree with a price change, you may cancel your subscription before the change takes effect.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or ordinance.
• Harass, abuse, threaten, or incite violence against any individual or group.
• Generate, upload, or transmit content that is unlawful, defamatory, obscene, or that exploits or harms minors.
• Attempt to gain unauthorized access to the Service, other user accounts, or our computer systems or networks.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service or its AI models.
• Use the Service to develop, train, or improve any competing AI product or service.
• Scrape, data mine, or use automated means to access the Service beyond normal interactive use.
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including usage limits and billing mechanisms.
• Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Share your account credentials with third parties or allow others to access the Service through your account.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including removing content, suspending or terminating the offending user's account, and reporting violations to law enforcement authorities.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its original content (excluding user-generated content), features, functionality, design, trademarks, logos, and trade dress, is and will remain the exclusive property of High Performance Ventures LLC and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6.2 Your Content

You retain ownership of the messages and content you submit through the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and transmit your User Content solely for the purpose of providing the Service to you. We do not claim ownership of your User Content, and we will not use your User Content for any purpose other than delivering and improving the Service for you individually.

6.3 AI-Generated Content

Responses generated by the AI companion are produced algorithmically and are provided "as is." We do not guarantee the accuracy, completeness, reliability, or appropriateness of AI-generated responses. AI-generated content should not be relied upon as professional advice of any kind.

7. Health and Safety Disclaimers

You acknowledge and agree that your use of the Service is at your own risk and that the Company is not liable for any harm arising from your reliance on AI-generated responses or from any failure of the Service to detect or appropriately respond to a crisis situation.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate, reliable, or meet your expectations.
• The AI companion will provide appropriate, helpful, or safe responses in all circumstances.
• Any errors in the Service will be corrected.
• The Service will be compatible with all devices, browsers, or operating systems.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGH PERFORMANCE VENTURES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless High Performance Ventures LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any claim that your use of the Service caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

11. Termination

• By You: You may terminate your account at any time by deleting your data through the Settings page or by contacting us. Upon termination, your right to use the Service will immediately cease.
• By Us: We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms, engage in abusive conduct, or if we determine that your use poses a safety risk. We may also terminate the Service entirely at any time with 30 days' advance notice.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us at Results@HighPerformanceVentures.com. We will attempt to resolve the dispute informally within 60 days. If we cannot resolve the dispute informally, either party may proceed as set forth below.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English and will take place in the Commonwealth of Puerto Rico, or at a location mutually agreed upon. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision shall be null and void, and the dispute shall be decided by a court.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, United States, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you agree to submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Puerto Rico and the United States District Court for the District of Puerto Rico.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part without restriction. Any attempted assignment in violation of this section shall be null and void.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, wars, terrorism, government actions, power outages, internet disruptions, or failures of third-party service providers.

14.6 Notices

We may provide notices to you via email to the address associated with your account or through a prominent notice within the Service. You may provide notices to us at Results@HighPerformanceVentures.com. Notices shall be deemed received upon delivery for email and upon posting for in-Service notifications.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms on this page with an updated "Last Updated" date and, for material changes, by providing notice via email or a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: