TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS

Welcome to Amber Mind AI ("Amber," "we," "us," or "our"), an artificial intelligence-powered emotional support platform operated by Expresso Inc., a Delaware C Corporation. These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Expresso Inc. governing your access to and use of our website located at https://www.ambermind.ai and all related services, features, and content provided through our platform (collectively, the "Service").

By accessing, browsing, or using our Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any provision of these Terms, you must immediately discontinue use of our Service and may not access or use the Service in any manner.

These Terms apply to all users of the Service, including without limitation users who are browsers, customers, merchants, contributors of content, information, and other materials or services on the Service. Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

2. DESCRIPTION OF SERVICE

Service Overview:

Amber is a web-based artificial intelligence platform designed to provide emotional support and therapeutic conversation through an AI-powered chatbot interface. Our Service is accessible via web browsers on both desktop and mobile devices, offering users the ability to engage in supportive conversations with our AI system twenty-four hours a day, seven days a week.

Important Medical Disclaimer:

Amber is explicitly designed as an emotional support tool and is NOT a clinical instrument, medical device, or substitute for professional therapy, psychiatric treatment, or mental health services. Our AI system does not provide medical advice, psychiatric diagnoses, or clinical treatment. The Service is intended solely for informational, educational, and emotional support purposes.

Service Limitations:

Our AI technology, while sophisticated, has inherent limitations and cannot replace human judgment, professional medical advice, or crisis intervention services. Users experiencing mental health emergencies, suicidal ideation, or requiring immediate professional intervention should contact emergency services (911 in the United States, or their local emergency number) or appropriate mental health crisis helplines immediately.

3. ELIGIBILITY AND AGE REQUIREMENTS

Minimum Age Requirement:

You must be at least eighteen (18) years of age to use our Service independently. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. This eighteen-year age requirement applies in most United States jurisdictions, including but not limited to California, New York, Texas, Florida, and the majority of other U.S. states where the age of majority is eighteen years.

Enhanced Age Requirements in Specific Jurisdictions:

In certain jurisdictions with higher age of majority requirements, users must meet the local legal age requirement. Specifically:

• In Alabama and Nebraska (United States), where the age of majority is nineteen (19) years, users must be at least 19 years old to use the Service independently.
• In Mississippi (United States), users must be at least twenty-one (21) years old for certain contractual purposes, though eighteen (18) years applies for most digital services.

Alternative Age Provision for European Union and Select Jurisdictions:

In jurisdictions where legally permissible and in compliance with local data protection laws, users who are at least sixteen (16) years of age but under eighteen (18) years of age may use the Service with express written consent and ongoing supervision of a parent or legal guardian. This provision specifically applies in:

European Union Member States where the digital age of consent is sixteen (16) years, including:

• Germany, where users aged 16-17 may use digital services with parental consent.
• Netherlands, where the digital age of consent is 16 years under GDPR implementation.
• Austria, Belgium, Cyprus, Finland, France, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Slovenia, and Spain, which have adopted the 16-year digital age of consent standard.

European Union Member States with Lower Digital Age Requirements:

In certain EU member states that have set lower digital age requirements under Article 8(1) GDPR, users may access the Service at younger ages with appropriate parental consent:

• Denmark, where digital consent age is 13 years.
• Sweden, where digital consent age is 13 years.
• Hungary and Poland, where digital consent age is 16 years but with specific provisions for 14-15 year olds with parental consent.

United Kingdom:

Following Brexit, users aged thirteen (13) years and older may use the Service with verifiable parental consent, in accordance with the UK's Data Protection Act 2018 and the Children's Code (Age Appropriate Design Code).

Parental Consent Requirements:

For users under eighteen (18) years of age in applicable jurisdictions, the parent or legal guardian must:

• Provide express written consent through our verified parental consent process.
• Agree to be bound by these Terms on behalf of the minor user.
• Assume full legal responsibility for the minor's use of the Service and compliance with these Terms.
• Acknowledge understanding that the Service is not a substitute for professional mental health care for minors.
• Maintain ongoing supervision of the minor's use of the Service.

Verification and Compliance:

We reserve the right to request proof of age, parental consent documentation, or legal guardian status at any time. Users in jurisdictions with specific age requirements must comply with their local laws. Failure to provide adequate verification may result in immediate suspension or termination of the account.

Prohibited Use by Younger Minors:

Regardless of jurisdiction, users under thirteen (13) years of age are strictly prohibited from using the Service, except in EU member states where lower digital consent ages apply with proper parental verification as outlined above.

4. ACCOUNT REGISTRATION AND SECURITY

Registration Requirements:

To access certain features of our Service, you must create an account by providing accurate, current, and complete information including your full name, email address, a secure password, and information about how you discovered our Service. You agree to maintain and promptly update your account information to ensure it remains accurate, current, and complete.

Account Security:

You are entirely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at kuhu@ambermind.ai of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

Account Ownership:

Accounts are non-transferable and may not be shared with other individuals. Each user must maintain their own individual account and may not use another person's account credentials.

5. SUBSCRIPTION PLANS AND BILLING

Service Tiers:

Our Service operates on a freemium model consisting of two primary service tiers:

• Free Tier: Users may access our basic Service with a limitation of twenty-five (25) messages per day. This tier provides access to core AI conversation features with the specified daily usage restriction.
• Premium Tier: Users may subscribe to our Premium tier for unlimited message access for a monthly subscription fee of seven dollars ($7.00) USD per month. Premium subscribers enjoy unrestricted access to all AI conversation features without daily message limitations.

Pricing Changes:

We reserve the right to modify our subscription pricing at any time with thirty (30) days' prior written notice to existing subscribers. Price changes will not affect current billing cycles but will apply to subsequent billing periods unless you cancel your subscription before the price change takes effect.

Payment Processing:

All subscription payments are processed through Stripe, Inc., a third-party payment processor. By subscribing to our Premium tier, you agree to Stripe's Terms of Service and acknowledge that your payment information will be processed according to Stripe's privacy policy. We do not store your payment card information on our servers.

Automatic Renewal:

Premium subscriptions automatically renew on a monthly basis unless cancelled prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at kuhu@ambermind.ai.

Billing Disputes:

Any billing disputes must be reported within sixty (60) days of the disputed charge. We will investigate all legitimate billing disputes and provide appropriate resolution within thirty (30) days of receiving your dispute notice.

6. REFUND POLICY

General Refund Policy:

We strive to provide exceptional service and customer satisfaction. However, due to the nature of our digital service and the immediate access provided upon payment, we generally do not offer refunds for subscription fees once the billing period has commenced.

Exceptional Circumstances:

We may, at our sole discretion, provide partial or full refunds in the following exceptional circumstances:

• Technical issues preventing service access for more than seventy-two (72) consecutive hours.
• Billing errors resulting in incorrect charges.
• Service cancellation within twenty-four (24) hours of initial subscription with minimal service usage.

Refund Request Process:

All refund requests must be submitted in writing to kuhu@ambermind.ai within thirty (30) days of the disputed charge. Refund requests must include your account information, billing details, and a detailed explanation of the circumstances warranting the refund request.

Processing Timeline:

Approved refunds will be processed within seven (7) to ten (10) business days and will be credited to the original payment method used for the transaction.

No Refund Situations:

Refunds will not be provided for account termination due to Terms violations, voluntary account deletion after service usage, or dissatisfaction with service quality.

7. ACCEPTABLE USE POLICY

Prohibited Conduct:

You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Service. Specifically, you agree not to:

• Use the Service for any illegal activities or to promote illegal conduct.
• Attempt to gain unauthorized access to our systems, other user accounts, or computer networks.
• Upload, post, or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Engage in any form of harassment, stalking, or intimidation of other users or our staff.
• Use automated systems, bots, or scripts to access the Service or extract data.
• Attempt to reverse engineer, decompile, or disassemble any aspect of our Service.
• Share, distribute, or publish any personally identifiable information of other users.
• Use the Service to distribute malware, viruses, or other malicious code.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Engage in any activity that interferes with or disrupts the Service or servers connected to the Service.

Content Standards:

While our AI system is designed to provide supportive responses, you are responsible for ensuring that your communications are appropriate and comply with these Terms. We reserve the right to monitor conversations for compliance purposes and safety considerations.

Enforcement:

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, and potential legal action. We reserve the right to cooperate with law enforcement agencies in investigating any suspected illegal activity.

8. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property:

The Service, including all content, features, functionality, software, artificial intelligence models, algorithms, and technology, is owned by Expresso Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks, service marks, and logos used in connection with the Service are our property and may not be used without our express written permission.

User Content:

You retain ownership of any content you submit to the Service. However, by using the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, and process your communications solely for the purpose of providing the Service and improving our AI technology. This license terminates when you delete your content or close your account.

AI-Generated Content:

All responses, suggestions, and content generated by our AI system remain our intellectual property. Users may not claim ownership of AI-generated content or use such content for commercial purposes without our express written permission.

9. PRIVACY AND DATA PROTECTION

Data Collection:

We collect and process personal information as described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and processing of your personal information in accordance with our Privacy Policy.

Conversation Storage:

Your conversations with our AI system are stored in your personal account history for your convenience and to improve your user experience. You may view, export, or delete your conversation history at any time through your account settings.

Data Security:

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

International Data Transfers:

As we operate globally, your personal information may be transferred to and processed in countries other than your country of residence. We ensure appropriate safeguards are in place for such transfers in compliance with applicable data protection laws.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Service Disclaimers:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Medical Disclaimer:

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE MEDICAL OR THERAPEUTIC EFFICACY OF OUR SERVICE. THE AI RESPONSES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL OR MENTAL HEALTH CONDITION. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Expresso Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

Liability Cap:

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Crisis Situations:

WE ARE NOT RESPONSIBLE FOR PROVIDING CRISIS INTERVENTION SERVICES OR EMERGENCY MENTAL HEALTH SUPPORT. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, SUICIDAL THOUGHTS, OR OTHER EMERGENCY SITUATION, YOU MUST IMMEDIATELY CONTACT EMERGENCY SERVICES OR APPROPRIATE CRISIS HELPLINES.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Expresso Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any content you submit to the Service; or (e) your negligent or wrongful conduct.

12. TERMINATION

Termination by You:

You may terminate your account at any time by following the account deletion process in your account settings or by contacting us at kuhu@ambermind.ai. Upon termination, your subscription will remain active until the end of your current billing period.

Termination by Us:

We reserve the right to suspend or terminate your account immediately, without prior notice, for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or behavior that we deem harmful to our Service or other users.

Effect of Termination:

Upon termination, your right to access and use the Service will immediately cease. We may delete your account information and conversation history, though we may retain certain information as required by law or for legitimate business purposes as described in our Privacy Policy.

13. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you hereby irrevocably consent to the personal jurisdiction and venue thereof.

Dispute Resolution:

Before filing any lawsuit, you agree to first contact us at kuhu@ambermind.ai to attempt to resolve any dispute informally. If we cannot resolve the dispute within sixty (60) days, either party may pursue legal action in accordance with the governing law provisions above.

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.

14. SEVERABILITY AND ENTIRE AGREEMENT

Severability:

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Any invalid provision will be deemed modified to the extent necessary to make it valid and enforceable.

Entire Agreement:

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service. These Terms supersede all prior or contemporaneous communications and proposals between you and us.

15. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time by posting the updated Terms on our website. We will notify users of material changes via email or through prominent notice on our Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

16. CONTACT INFORMATION

If you have any questions about these Terms or need to contact us for any reason related to the Service, please reach out to us at:

• Email: kuhu@ambermind.ai
• Data Controller: Kuhu Singh
• Website: https://www.ambermind.ai

For fastest response times, we recommend contacting us via email. We strive to respond to all inquiries within forty-eight (48) hours during business days.

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