Terms of Service

Acceptance of Terms

By using the Platform, you agree to these Terms and any updates posted on our website or within the Platform. We may modify these Terms at any time in our sole discretion by posting updated Terms on the Platform. For material changes, we will provide notice to your registered email address at least thirty (30) days prior to the effective date. For non-material changes, updates will be effective immediately upon posting. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must cease using the Platform and may request deletion of your account and data as described in our Privacy Policy.

Eligibility

You must be at least 18 years old to use the Platform. The Platform is not intended for use by individuals under 18 years of age, and we do not knowingly collect personal information from minors. If we learn that a user is under 18, we will immediately terminate their account and delete associated data without liability to the user or any third party. We do not knowingly collect personal information from children under 13 in compliance with the Children’s Online Privacy Protection Act (COPPA).

Platform Purpose

SERGE serves as an AI intermediary conversational tool for coaching and reflection purposes only. The Platform utilizes artificial intelligence technology that may produce inaccurate, incomplete, or inappropriate responses.

Medical Disclaimer: The Platform is not a substitute for professional medical advice, diagnosis, or treatment. The Platform does not provide medical services, mental health treatment, therapy, or counseling. Any content provided by the Platform, including AI-generated responses, is for informational and coaching purposes only and does not constitute professional medical, psychological, or therapeutic advice. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information obtained through the Platform. If you think you may have a medical emergency, call your doctor or 911 immediately.

Permitted Use

SERGE is intended solely for individual use for general wellness coaching and personal reflection purposes. The Platform is not designed, intended, or suitable for: (i) providing medical diagnosis, prescribing medications, or offering medical treatment; (ii) treating, diagnosing, or managing any mental health condition, disorder, or disease; (iii) crisis intervention or emergency mental health services; or (iv) replacing professional mental health care, therapy, or counseling.

You acknowledge and agree that you shall use the Platform only for its intended purpose and shall not:

• Use the Platform if you are experiencing a mental health emergency, suicidal ideation, thoughts of self-harm, or are in crisis — in such cases, please call or text 988 (Suicide and Crisis Lifeline) or call 911 immediately.
• Attempt to reverse-engineer, decompile, disassemble, hack, prompt-inject, manipulate, circumvent security measures, or otherwise interfere with the Platform’s AI models, algorithms, functionality, or infrastructure, or use the Platform’s functionality for purposes other than those expressly permitted in these Terms.
• Access the Platform for unlawful purposes.
• Upload illegal, confidential, or third-party data.

You acknowledge that the Platform is not an emergency service and is not a substitute for crisis intervention or emergency care.

User Accounts and Registration

To use the Platform, you must create an account by providing your name, email address, and other required information.

Account Security: You are solely and exclusively responsible for maintaining the confidentiality and security of your account credentials and for all activities, actions, and transactions that occur under your account, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Upon termination, you will immediately lose all access to the Platform and all associated features and services. Your data will be handled in accordance with our data retention policies, legal obligations, and Privacy Policy, and we reserve the right to retain, delete, or anonymize your data as permitted by law and necessary for our legitimate business purposes. You may request a copy of your data or deletion as permitted by applicable law and our Privacy Policy.

Data Collection, Use, and Retention

The Platform uses third-party hosting infrastructure to collect and process data, including user interactions, health profiles, and coaching sessions. We implement and maintain administrative, physical, and technical safeguards including: (i) encryption of sensitive user data in transit and at rest using industry-standard protocols; (ii) role-based access controls; (iii) audit logging and monitoring; (iv) regular security risk assessments; (v) workforce training on compliance; and (vi) incident response procedures.

However, no security system is impenetrable, and we cannot and do not guarantee absolute security or that unauthorized access, hacking, data loss, or other breaches will never occur. You expressly acknowledge and agree that you transmit, store, and share data through the Platform entirely at your own risk and that we shall have no liability for any security breach, unauthorized access, data loss, or compromise of your information. For more details, see our Privacy Policy.

We retain data solely to the extent of processing the data to provide the Platform services.

Monetization and Fees

We offer a free version of the platform at no cost. Because no payment is collected, the free version is not eligible for refunds.

Paid subscriptions provide immediate access to premium features upon successful payment. Refund requests for paid subscriptions must be submitted within 7 days of the original purchase date and are evaluated at our sole discretion based on factors including account usage and technical issues. All payments are processed through Stripe, and refunds are issued in accordance with Stripe’s payment processing rules.

To request a refund, please contact us at support@askserge.ai and include your email, date of purchase, and reason for refund request, and we will review within 7 business days. Nothing in this section limits your statutory rights under applicable law.

Initiating a chargeback without first contacting AskSerge.ai and allowing us a reasonable opportunity to resolve your concern may result in suspension or termination of your account.

Limitation of Liability

The Platform is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted service.

To the fullest extent permitted by law, SERGE AI LLC, its affiliates, officers, directors, employees, agents, and licensors are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of or inability to use the Platform, including but not limited to damages related to health decisions based on Platform information or AI-generated content, reliance on AI-generated mental health coaching or recommendations, emotional distress, psychological harm, data loss, business interruption, or personal injury.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of (i) $100 or (ii) the amounts paid by you to us in the twelve (12) months preceding the claim. The Platform’s AI provides general insights and may not be accurate, complete, or suitable. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

Intellectual Property

The Platform, including its AI tools, design, and content, is owned by SERGE AI, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reproduce any part of the Platform without our prior written consent.

Third-Party Services

The Platform utilizes third-party infrastructure and integrates with services like Stripe for payments. We are not responsible for the performance, privacy practices, security, availability, or terms of third-party services.

Disputes

Any dispute shall be resolved by binding arbitration administered by JAMS in Los Angeles County, California under its Streamlined Rules. Each party waives any right to a jury trial or class action. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. To the extent any matter is not subject to arbitration, the exclusive venue for such proceedings shall be the state or federal courts located in Los Angeles County, California, and each party hereby consents to personal jurisdiction therein.

Export Compliance

You agree not to export, re-export, or use the Service in violation of U.S. export-control or sanctions laws. The Service is a “Commercial Product” as defined in FAR 2.101 and is provided with only those rights applicable to commercial customers.

Indemnification

You agree to indemnify, defend, and hold harmless SERGE AI, LLC, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising from or relating to: (i) your use or misuse of the Platform; (ii) your violation of these Terms or any applicable law or regulation; (iii) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (iv) any content you submit or transmit through the Platform; (v) any information received by you through the Platform; and (vi) any negligent or wrongful conduct by you. This indemnification obligation will survive termination of these Terms and your use of the Platform.

HIPAA Disclaimer

Unless expressly covered by a separate Business Associate Agreement, Serge is not a Business Associate and does not create or maintain “Protected Health Information” on behalf of covered entities.

Termination

We may terminate or suspend your access to the Platform immediately at any time, with or without cause, with or without prior notice, and without liability to you. Upon termination: (i) all licenses and rights granted to you under these Terms will immediately cease; (ii) you must immediately cease all use of the Platform; (iii) we may delete your account and all associated data, subject to our data retention obligations under applicable law; (iv) any outstanding payment obligations will become immediately due and payable; and (v) the sections titled Data Collection, Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and Termination shall survive termination.

You may close your account at any time by contacting us at support@askserge.ai. We reserve the right to refuse service to anyone for any reason at any time.

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Serge AI LLC. If any provision is found unenforceable, the remainder remains in full force and effect.

Contact Us

For questions about these Terms, please contact us at support@askserge.ai or write to us at:

Any notices to you may be made via email, regular mail, or posting on the Platform. You agree that electronic communications satisfy any legal requirement that such communications be in writing. All notices to us must be sent to the address above via certified mail, return receipt requested.