Terms of Service

Last updated: November 26th, 2024

1. Agreement to Terms

Welcome to Vent AI, Inc. ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Vent AI, Inc. application and services (the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Description of Service

Vent AI, Inc. provides an artificial intelligence-powered conversational support tool designed to assist in mental wellness. The Service offers:

  • Conversational support
  • Personalized summaries and analyses
  • In depth emotional insights
  • Coping strategies

2.1 Service Limitations

The Service is not a substitute for professional medical or mental health treatment. By using Vent AI, Inc., you acknowledge and agree that:

  • The Service does not provide medical advice, diagnosis, or treatment
  • The AI system cannot assess or respond to emergencies
  • We are not a healthcare provider
  • We do not assume any mandatory reporting responsibilities
  • The Service should not be used in crisis situations

3. Assumption of Risk

You expressly acknowledge, understand, and agree that your access to and use of the Service is at your sole risk. The Service, including any advice, information, or content provided, is for informational and supportive purposes only and does not constitute professional medical, psychological, financial, or legal advice. Vent AI, Inc. is not a healthcare provider, and the Service is not intended to be a substitute for professional therapy, diagnosis, or treatment by a licensed mental health provider or other qualified professionals.

You understand and agree that:

  • Reliance on any information provided by the Service is solely at your own risk.
  • The AI system has inherent limitations and may not always provide accurate, complete, or appropriate information or responses.
  • Vent AI, Inc. makes no warranties or representations regarding the accuracy, reliability, or completeness of the content or information provided through the Service.
  • You are solely responsible for your decisions and actions based on your use of the Service.
  • The Service is not capable of assessing emergency situations or crisis management. If you are experiencing a mental health emergency or crisis, you must contact emergency services (e.g., 911), a crisis helpline, or a licensed mental health professional immediately.

By using the Service, you voluntarily accept and assume all risks associated with its use, including but not limited to the risk of misinterpretation, reliance on AI-generated content, and any psychological or emotional impact.

4. Account Registration and Security

4.1 Account Creation

To use our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or use

4.3 Account Restrictions

You may not:

  • Share your account credentials with others
  • Create multiple accounts for the purpose of abuse or circumvention
  • Use the Service if you are under the age of 18

5. Subscription and Payment Terms

5.1 Subscription Plans

We offer various subscription plans for access to the Service. Current pricing and plan details are available on our website.

5.2 Payment Terms

  • All payments are due in advance of the subscription period
  • Subscriptions automatically renew unless cancelled
  • Prices are subject to change with notice before renewal
  • All fees are non-refundable except where required by law

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.

6. Acceptable Use

Users must comply with our Usage Policy, which is incorporated by reference into these Terms. The complete Usage Policy can be found at https://www.ventnow.ai/terms-of-use.

7. User Content and Privacy

7.1 Your Content

As an AI-powered emotional support service, we take the privacy and protection of your personal information very seriously. Everything you share with us - your thoughts, feelings, and experiences - belongs entirely to you. When you share content through our Service ("User Content"), you maintain complete ownership of all intellectual property rights in that content.

7.2 How We Handle Your Content

When you share content with Vent AI, your data is automatically encrypted. This means:

  • All your data is encrypted and never stored in plain text
  • Even in the unlikely event of a security breach, your data remains protected
  • Our team cannot access or read your conversations unless our safety systems detect a violation of our terms
  • Your content is used solely to provide you with our support services
  • We will never share, publish, display, or distribute your content for any other purpose

Your private conversations remain exactly that - private and secure.

7.3 Privacy Protection

For complete details about how we protect your privacy and handle your information, please refer to our Privacy Policy.

8. Intellectual Property Rights

8.1 Our Rights

The Service, including its original content, features, and functionality, is owned by Vent AI, Inc. and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer or attempt to extract our source code
  • Use our intellectual property for commercial purposes without permission

9. Disclaimers and Limitations of Liability

9.1 Warranty Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

9.2 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Vent AI, Inc., its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall the aggregate liability of Vent AI, Inc. for all claims relating to the Service exceed the greater of one hundred U.S. dollars (USD $100.00) or the total amount of fees, if any, paid by you to Vent AI, Inc. for the Service during the six (6) month period prior to the date the claim arose. Vent AI, Inc.'s liability shall be limited solely to direct damages actually incurred by you up to this amount.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Vent AI, Inc. and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service, your use of the Service (including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service), or any act or omission by you, whether negligent, willful, or otherwise.

11. Termination

11.1 Termination by You

You may terminate these Terms at any time by cancelling your account and discontinuing use of the Service.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be notified to you through the Service or via email. Continued use of the Service after any such changes constitutes your consent to such changes.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Dispute Resolution, Arbitration, Class Action Waiver, and Jury Trial Waiver

14.1 Informal Resolution

Before filing a claim against Vent AI, Inc., you agree to try to resolve the dispute informally by contacting us at support@ventnow.ai. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or Vent AI, Inc. may bring a formal proceeding.

14.2 Arbitration Agreement

You and Vent AI, Inc. agree to resolve any claims relating to these Terms or the Service through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Arbitration Agreement" subsection, including its enforceability, revocability, or validity. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to. The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.

14.3 Class Action Waiver

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a 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. If this specific paragraph is held unenforceable, then the entirety of this "Arbitration Agreement" section will be deemed void.

14.4 Jury Trial Waiver

WAIVER OF JURY TRIAL. YOU AND VENT AI, INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Vent AI, Inc. are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the "Exceptions to Agreement to Arbitrate" section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:

  • 1625 North Market Blvd., Suite N 112
  • Sacramento, CA 95834
  • Telephone: (916) 445-1254 or (916) 928-1227

17. Contact Information

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

  • Email: support@ventnow.ai
  • Website: ventnow.ai

18. Entire Agreement

These Terms, together with the Privacy Policy and Usage Policy, constitute the entire agreement between you and Vent AI regarding your use of the Service.