First Opinion Services, Inc., Curai, Inc., and their affiliates (collectively, “we,” “us,” “our,” or “Curai”) are pleased to offer you access to our Wellness Health Coach Chatbot (the “Chatbot”), a platform designed to provide health coaching and wellness advice through an artificial intelligence-driven chat feature. These Terms of Use (these “Terms”) govern your access to and use of the Chatbot, including our website (“the Website”), our mobile application(s) (“Apps”), and all content, information, and/or materials provided in connection therewith (collectively, the “Services”). These Terms are important, contain legal obligations, and affect your legal rights, so please read them carefully. Note that Section 13 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By clicking “I Accept,” accessing, or using our Services, or creating an Account, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver set forth herein, you may not access or use the Services.
1. Important Notices
2. Nature of Services
The Services enable you to interact with the Wellness Health Coach Chatbot, an AI-driven tool that offers personalized health coaching and wellness advice (e.g., tips on nutrition, exercise, stress management, or general lifestyle improvements) based on information you provide through a chat feature. The Chatbot is designed to support your wellness goals but does not provide medical diagnoses, treatments, or clinical care. The Chatbot’s responses are generated using artificial intelligence and machine learning, which are probabilistic in nature and may not always accurately reflect or correctly respond to your input. You acknowledge that:
Certain features of the Services may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms when you activate or use a feature, and your use of such feature constitutes acceptance of those Additional Terms. Unless otherwise stated, Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature. If any Additional Term is inconsistent with these Terms, the Additional Term will prevail only for the feature to which it applies.
3. Privacy
Please refer to our Privacy Policy (https://www.curaihealth.com/legal#privacy) for information about how we collect, use, and disclose information about you.
4. Eligibility to Use the Services
To use the Services, you must be at least 18 years old and meet the following criteria, which you represent and warrant by agreeing to these Terms:
If you are using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf, and they agree to be responsible for any violations of these Terms.
5. Accounts, Account Security, and Communication Preferences
You may need to register for a user account (“Account”) to access some or all of our Services. You are responsible for:
We are not liable for damages resulting from your failure to keep your Account secure. As part of activating your Account, you must provide a valid email address and update it if it changes. By creating an Account, you consent to receive electronic communications from Curai (e.g., via email, text message, or notices posted to the Services), including operational notices (e.g., password changes, transactional information) and promotional communications (e.g., newsletters, offers). You may opt out of promotional emails by following the unsubscribe instructions provided therein. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
6. Payment for Services
Some features of the Services may require payment. By providing a credit card or other accepted payment method (“Payment Method”), you authorize us (or our third-party payment processor) to charge the Payment Method for the total fees associated with your use of the Services, plus applicable taxes (“Purchase”). If the Payment Method cannot be verified or is invalid, your Purchase may be suspended or canceled. You must resolve payment issues before proceeding with a Purchase. You remain responsible for uncollected amounts, and we may continue billing an updated Payment Method.
Auto-Renewal Policy: If you register for a monthly subscription, you acknowledge that:
You may cancel your subscription at any time by managing your subscription in your Account settings or emailing support@curai.com. We may offer free trials for certain subscriptions, with specific terms provided at registration. After a free trial, we will begin billing your Payment Method on a recurring basis unless you cancel before the trial ends. You will not receive a notice that your free trial has ended or that billing has begun. We reserve the right to modify or terminate free trials at any time without notice.
You certify that you are authorized to use the Payment Method and will not dispute charges for Services. We will collect applicable sales tax where required. Fees may increase at any time, and you may request a refund for a subscription if you have not used the Services during the billing period by emailing support@curai.com within 30 days of payment.
7. Reservation of Rights
We may modify, suspend, or discontinue any aspect of the Services at any time without notice. We are not liable for any modification, suspension, or discontinuance of the Services. We reserve the right to:
8. Proprietary Rights
We grant you a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial use, subject to your compliance with these Terms. All content, materials, features, and functionality (e.g., text, images, graphics, logos) (“Content”) are owned by Curai or its licensors and may be protected by U.S. and foreign copyright, trademark, and other intellectual property laws. You may not:
All Curai trademarks, trade names, and logos are owned or licensed by us. You may not use them without prior written permission. If you provide comments, suggestions, or feedback (“User Feedback”), you grant us an unrestricted right to use it without compensation.
9. User Supplied Material
You may share messages, text, or other materials (“User Content”) with the Chatbot. You retain rights in your User Content but grant Curai a non-exclusive, royalty-free, worldwide, fully-paid, sublicensable license to use, reproduce, modify, adapt, publish, and display your User Content in all media formats without compensation. You represent that you have the legal right to grant this license and that your User Content does not violate any law or third-party rights. We may review or remove User Content but are not responsible for it.
10. Appropriate Use of the Services
You agree to use the Services in accordance with all applicable laws and these Terms. You will not:
We may discontinue your access for abusive or inappropriate use, such as posting offensive content or repeatedly making frivolous requests.
11. Links to Third-Party Sites
The Services may include links to third-party websites, products, or services (“Linked Third-Party Services”). These links do not imply Curai’s endorsement. We are not responsible for Linked Third-Party Services, and your use of them is subject to their terms and privacy policies. You access Linked Third-Party Services at your own risk.
12. Disclaimer of Warranties
The Services and Content are provided “as is” and “as available.” Curai disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Services will meet your requirements, be uninterrupted, secure, or error-free, or that the Chatbot’s advice will produce specific results. Your use of the Services is at your own risk, and you are responsible for any decisions made based on the Chatbot’s advice. Some states may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
13. Dispute Resolution; Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF, INCLUDING A CLASS ACTION WAIVER.
13.1 Binding Arbitration: Except for disputes in small claims court or involving intellectual property, you and Curai agree to resolve all disputes arising from these Terms or the Services (“Disputes”) through binding arbitration, waiving rights to court or jury trials.
13.2 No Class Actions: Disputes will be resolved individually, not as class arbitrations, class actions, or representative proceedings.
13.3 Federal Arbitration Act: These Terms are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
13.4 Notice; Informal Resolution: Each party must notify the other of a Dispute within 30 days, attempting informal resolution. Notice to Curai must be sent to Attn: Legal Dept, Curai, Inc., 2443 Fillmore St. #380-15799, San Francisco, CA 94114. If unresolved, arbitration may commence.
13.5 Process: Arbitration will occur in Santa Clara County, California, your county of residence, or telephonically, conducted by a single arbitrator per the American Arbitration Association’s Consumer Arbitration Rules. Each party bears its own costs.
13.6 Authority of Arbitrator: The arbitrator has authority to make binding decisions but cannot conduct class arbitrations or consolidate claims.
13.7 Opt-Out Right: You may opt out of arbitration within 30 days of accepting these Terms by writing to the above address.
14. Limitation of Liability
To the extent permitted by law, Curai and its affiliates, employees, or directors (“Curai Parties”) are not liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from your use of the Services, including loss of data or profits, even if advised of the possibility. Curai’s maximum liability is the greater of $100 or the amount you paid us in the one-month period before your claim arose. Some jurisdictions may not allow this limitation, so it may not apply to you.
15. Mutual Rights of Termination
You may terminate these Terms at any time by notifying Curai. Curai may terminate or suspend your access without notice. Termination may result in deletion of your Account and User Content, and you will not be entitled to a refund.
16. Applicable Law; Venue
These Terms are governed by California law, without regard to conflict of law principles. Disputes not subject to arbitration will be resolved in state or federal courts in Santa Clara County, California.
17. International Users
If you access the Services from outside the U.S., your information may be transferred to and processed in the U.S., where privacy laws may differ. By using the Services, you authorize this transfer.
18. Changes to These Terms
We may update these Terms at any time, with changes effective upon posting to the Services. Continued use constitutes agreement to the revised Terms. Material changes will be notified via email or the Services.
19. Apple Device Additional Terms
If you access the App via an Apple device, the Apple Terms in the original document (Section 21) apply and are incorporated herein.
20. Severability
If any provision of these Terms is invalid, the remaining provisions remain in effect.
21. Survival
Sections 3, 6–14, and 16–21 survive termination of these Terms or your Account.
22. Miscellaneous
These Terms constitute the entire agreement between you and Curai. Rights and licenses are not transferable without Curai’s consent. No waiver of any provision constitutes a continuing waiver. These Terms are for the benefit of the parties and confer no third-party beneficiary rights.
23. Contact Us
For questions, contact us at support@curai.com or Curai, Inc., 2443 Fillmore St. #380-15799, San Francisco, CA 94114.
Last Updated: May 16, 2025
