Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," "your") and Mental Machina LLC, a limited liability company ("Company," "we," "our," "us"), governing your access to and use of the Building Better mobile application ("App"), website (buildingbetterai.com), and all related services, features, content, and functionality (collectively, the "Services").

If you do not agree to these Terms in their entirety, you must not access or use the Services. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes.

1.1 Agreement Updates

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the "Effective Date" at the top of this page
• Sending email notification to your registered email address
• Displaying an in-app notification upon your next login
• Posting a notice on our website homepage

Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Description of Service

Building Better (BB) is a mental health intelligence and behavioral monitoring platform designed to help individuals and organizations understand, track, and improve mental wellness through data-driven insights.

2.1 Core Features

The Services include, but are not limited to:

• Behavioral Health Monitoring: Daily mood tracking, emotion logging, pattern recognition, and trend analysis
• AI-Powered Conversations: Supportive AI chatbot trained on evidence-based therapeutic approaches including Cognitive Behavioral Therapy (CBT), Dialectical Behavior Therapy (DBT), and mindfulness-based interventions
• Life Skills Education: Interactive modules covering emotional regulation, distress tolerance, interpersonal effectiveness, cognitive restructuring, and mindfulness practices
• Risk Intelligence: Predictive analytics and early warning systems for mental health decline based on behavioral patterns
• Crisis Detection: Automated identification of crisis indicators with immediate provision of emergency resources
• Progress Tracking: Longitudinal data visualization, personalized insights, and outcome measurement
• Enterprise Dashboard: Aggregated, anonymized wellness metrics for organizational clients (no individual data shared)

2.2 Service Tiers

2.3 Service Availability

We strive to provide continuous access to the Services, but we do not guarantee uninterrupted availability. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency updates or security patches
• Technical difficulties or force majeure events
• Third-party service provider outages

3. Medical Disclaimer & Crisis Resources

3.1 What Building Better Is NOT

The Services are NOT intended to, and DO NOT:

• Diagnose any mental health condition, disorder, or disease
• Treat, cure, or prevent any medical or psychological condition
• Provide psychotherapy, counseling, or clinical mental health services
• Replace professional medical advice, diagnosis, or treatment
• Function as a medical device regulated by the FDA
• Provide emergency mental health crisis intervention
• Prescribe or recommend medication or medical procedures
• Establish a doctor-patient or therapist-client relationship

3.2 What Building Better IS

The Services provide:

• Educational content about mental health and wellness
• Tools for self-monitoring and behavioral tracking
• Supportive AI conversations for emotional support (not therapy)
• Psychoeducational resources based on evidence-based practices
• Data visualization and pattern recognition

3.3 Professional Medical Advice Required

Always seek the advice of your physician, psychiatrist, psychologist, or other qualified health provider with questions regarding any medical or mental health condition. Never disregard professional medical advice or delay seeking it because of information provided by Building Better.

3.4 Emergency and Crisis Resources

3.5 No Emergency Services

Building Better does not provide emergency services. While our AI may detect keywords or patterns suggesting crisis, it cannot guarantee detection of all crises and should never be relied upon for emergency intervention.

3.6 Reliance on Content

Any reliance you place on information provided by the Services is strictly at your own risk. We disclaim all liability for any harm resulting from your use of or reliance on the Services.

4. User Accounts and Eligibility

4.1 Age Requirement

You must be at least 18 years of age to create an account and use the Services. By registering for an account, you represent and warrant that you are 18 years or older.

Building Better is not directed to children under 18, and we do not knowingly collect personal information from minors. If we discover that a user is under 18, we will terminate their account immediately.

4.2 Account Registration

To access certain features of the Services, you must create an account by providing:

• A valid email address
• A secure password
• Optional profile information (name, preferences)

You agree to provide accurate, current, and complete information during registration and to update your information promptly if it changes.

4.3 Account Security Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Taking reasonable steps to prevent unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.4 Account Sharing Prohibited

You may not:

• Share your account credentials with any third party
• Allow multiple individuals to use a single account
• Create accounts using automated means or false information
• Create multiple accounts for the same individual

4.5 Enterprise Accounts

If you access the Services through an enterprise or organizational account:

• Your use is subject to both these Terms and your employer's policies
• Your employer may monitor usage at an aggregate level (not individual conversations)
• Your employer cannot access your individual mood data, conversations, or personal information
• If you leave the organization, you may lose access unless you convert to an individual paid account
• Enterprise administrators can manage seats, billing, and aggregate analytics only

4.6 Account Suspension

We reserve the right to suspend or terminate your account if we suspect fraudulent activity, Terms violations, or security risks.

5. Subscription Plans and Payment

5.1 Subscription Options

Building Better offers the following paid subscription plans:

• Premium Monthly: $19.00 USD per month, billed monthly
• Premium Annual: $190.00 USD per year, billed annually (equivalent to $15.83/month, 17% savings)
• Enterprise: Custom pricing based on number of seats and features, billed according to contract terms

5.2 Payment Processing

• All payments are processed securely through Stripe, Inc., a third-party payment processor
• We do not store your full credit card information on our servers
• You authorize us to charge your designated payment method for all subscription fees
• All fees are in USD unless otherwise specified

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method automatically for each renewal period.

5.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will:

• Take effect at the start of your next billing cycle
• Be communicated to you at least 30 days in advance via email
• Allow you to cancel your subscription before the new price takes effect

5.5 Free Trial

We may offer a free trial period for new Premium subscribers (typically 14 days). During the trial:

• You have full access to Premium features
• You will not be charged until the trial period ends
• You can cancel anytime during the trial without charge
• If you do not cancel, you will be automatically charged at the end of the trial
• Free trials are available once per user and may not be combined with other offers

5.6 Cancellation

You may cancel your subscription at any time by:

• Going to Account Settings → Subscription → Cancel Subscription in the App
• Emailing billing@buildingbetterai.com with "Cancel Subscription" in the subject line

Cancellation takes effect at the end of your current billing period. You will retain access to Premium features until that date.

5.7 Refund Policy

• No refunds for partial billing periods: If you cancel, you will not receive a refund for the current month/year
• 14-Day Money-Back Guarantee: First-time annual subscribers may request a full refund within 14 days of purchase by emailing billing@buildingbetterai.com
• Exceptional circumstances: Refunds may be granted at our sole discretion for technical issues that prevent use of the Services

5.8 Payment Failures

If your payment fails:

• We will attempt to charge your payment method up to 3 times over 10 days
• You will receive email notifications of failed payments
• Your account will be downgraded to the Free tier if payment cannot be processed
• You remain responsible for any unpaid amounts

5.9 Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.). You are responsible for paying all taxes associated with your subscription.

6. Acceptable Use Policy

6.1 General Prohibited Conduct

You agree that you will NOT:

• Use the Services for any unlawful purpose or in violation of any local, state, national, or international law
• Violate or infringe upon the rights of others, including privacy, publicity, intellectual property, or other proprietary rights
• Harass, threaten, stalk, defame, abuse, or intimidate any person
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services, other user accounts, or computer systems or networks

6.2 Technical Restrictions

You agree NOT to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App or Services
• Use any robot, spider, scraper, or other automated means to access the Services
• Circumvent any access restrictions, usage limits, or technological measures designed to protect the Services
• Modify, adapt, translate, or create derivative works based on the Services
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Upload or distribute viruses, malware, or any code designed to harm or disrupt the Services

6.3 Content Restrictions

When using AI conversations, mood logs, or other input features, you may NOT submit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Contains hate speech, discrimination, or promotes violence against individuals or groups
• Includes personal information of third parties without their consent
• Infringes on copyrights, trademarks, patents, or trade secrets
• Contains spam, advertising, or promotional material
• Impersonates others or misrepresents your identity

6.4 Usage Limits

Free tier users are subject to monthly usage limits as described in Section 2.2. Attempts to circumvent these limits (e.g., creating multiple accounts) may result in account termination.

6.5 Enforcement and Consequences

Violation of this Acceptable Use Policy may result in:

• Warning notification
• Temporary suspension of account
• Permanent termination of account without refund
• Legal action if conduct violates applicable laws
• Reporting to law enforcement if illegal activity is suspected

7. Intellectual Property Rights

7.1 Ownership of Services

The Services, including all content, features, functionality, software, code, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and the design, selection, and arrangement thereof, are owned by Mental Machina LLC, its licensors, or other content providers, and are protected by United States and international laws governing:

• Copyright
• Trademark
• Patent
• Trade secrets
• Other proprietary rights

7.2 Our Intellectual Property Includes

• Software and Code: All source code, object code, algorithms, and software architecture
• AI Models: Machine learning models, training data, and conversational AI logic
• Content: Life skills modules, educational materials, articles, and multimedia content
• Databases: Database structure, organization, and compilation of user data
• Trademarks: "Building Better," "BB," Mental Machina logos, and other brand elements
• Trade Secrets: Proprietary methodologies, processes, and business strategies

7.3 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services for your personal, non-commercial purposes
• Download and install the App on devices you own or control
• View and interact with content provided through the Services

7.4 Restrictions on Use

You may NOT:

• Copy, reproduce, distribute, or publicly display any part of the Services without prior written permission
• Sell, lease, sublicense, or otherwise transfer rights to the Services
• Create derivative works based on the Services
• Use the Services for commercial purposes without a valid enterprise license
• Extract or harvest data from the Services using automated tools

7.5 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to compensate you.

7.6 DMCA and Copyright Infringement

We respect intellectual property rights. If you believe content in the Services infringes your copyright, please contact us at legal@buildingbetterai.com with:

• Identification of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief
• A statement that the information is accurate
• Your electronic or physical signature

8. User-Generated Content

8.1 Your Content

You retain ownership of all content you create through the Services, including:

• Mood logs and emotional state entries
• Journal entries and notes
• Responses to prompts and exercises
• AI conversation history

8.2 License to Use Your Content

By using the Services, you grant us a limited, worldwide, royalty-free license to:

• Store and process your content to provide the Services
• Use de-identified, aggregated data for analytics and research
• Improve our AI models and Services (using anonymized data only)

We will NEVER:

• Publicly display your individual content without your permission
• Sell your personal content to third parties
• Use identifiable information in research publications

8.3 Anonymized Data Usage

We may use aggregated, de-identified data derived from your content for:

• Behavioral science research
• Improving our algorithms and models
• Creating anonymized benchmarks and insights
• Publishing research findings (with no individual identification)

8.4 Responsibility for Your Content

You are solely responsible for your content. You represent and warrant that:

• You own or have the necessary rights to submit your content
• Your content does not violate these Terms or any law
• Your content does not infringe on third-party rights

8.5 Monitoring and Removal

We reserve the right (but have no obligation) to:

• Monitor user-generated content for Terms compliance
• Remove content that violates these Terms
• Suspend accounts that repeatedly violate content policies

9. Privacy and Data Protection

Your privacy is critically important to us. Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.1 Key Privacy Commitments

• We do NOT sell your personal or health data to third parties
• All data is encrypted in transit (TLS 1.3) and at rest (AES-256)
• You have the right to access, correct, delete, and export your data
• Enterprise clients receive ONLY aggregated, anonymized metrics
• We comply with GDPR, CCPA, and other applicable privacy laws

9.2 Data Security

We implement industry-standard security measures, including:

• Secure authentication via Firebase Auth
• Regular security audits and penetration testing
• Access controls and role-based permissions
• Incident response and breach notification procedures

9.3 Data Retention

• Active accounts: Data retained while account is active
• Deleted accounts: Data permanently deleted within 30 days
• Backup copies: Deleted within 90 days
• Anonymized research data: May be retained indefinitely

For complete details on how we collect, use, and protect your information, please review our Privacy Policy.

10. Third-Party Services

10.1 Integrated Third-Party Services

The App integrates with third-party services:

• Firebase (Google): Authentication, database, analytics
• Anthropic (Claude): AI conversation processing via Railway hosting
• Railway: Cloud infrastructure for AI services
• Stripe: Payment processing

These third parties have their own terms and privacy policies. We are not responsible for their practices. Anthropic's Claude API operates under their Commercial Terms of Service and does not use customer data for model training.

• Google Firebase Terms: firebase.google.com/terms
• Anthropic Terms: anthropic.com/terms
• Stripe Terms: stripe.com/legal

10.3 No Endorsement

We are not responsible for the practices, content, or services of third-party providers. We do not endorse or guarantee their services.

10.4 External Links

The Services may contain links to external websites (e.g., crisis resources, educational content). We are not responsible for the content or availability of external sites.

11. Disclaimers and Limitations of Liability

11.1 "AS IS" and "AS AVAILABLE" Disclaimer

To the fullest extent permitted by law, Mental Machina LLC disclaims all warranties, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security of data or communications

11.2 No Medical Warranty

WE EXPLICITLY DISCLAIM ANY WARRANTY THAT THE SERVICES WILL:

• Diagnose, treat, cure, or prevent any mental health condition
• Provide medical or therapeutic outcomes
• Replace professional mental health care
• Detect all instances of mental health crisis
• Provide accurate predictions about mental health

11.3 Limitation of Liability

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• PERSONAL INJURY, EMOTIONAL DISTRESS, OR MENTAL ANGUISH
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• DAMAGES RESULTING FROM RELIANCE ON CONTENT OR INFORMATION PROVIDED
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES RESULTING FROM ERRORS, BUGS, OR SERVICE INTERRUPTIONS
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT

11.4 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to us in the 12 months preceding the claim, OR
• $100.00 USD

11.5 Essential Purpose

These limitations apply even if we have been advised of the possibility of such damages and even if any limited remedy fails its essential purpose.

11.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mental Machina LLC, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations
• Your user-generated content
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Navigating to Settings → Account → Delete Account in the App
• Emailing support@buildingbetterai.com with "Delete Account" in the subject line

Account deletion is permanent and irreversible. All your data will be deleted within 30 days as described in our Privacy Policy.

13.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Security risks or threats to the Services
• Inactivity for an extended period (after notification)
• At our sole discretion if we cease to operate the Services

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• Your account and all associated data will be deleted (within 30 days)
• You remain responsible for any fees incurred prior to termination
• No refunds will be provided for unused portions of paid subscriptions (except as stated in Section 5.7)
• All provisions of these Terms that by their nature should survive termination will survive (including ownership, disclaimers, indemnification, and dispute resolution)

13.4 Data Export Before Termination

Before deleting your account, you may request a copy of your data by going to Settings → Account → Export Data. Data will be provided in JSON format.

14. Dispute Resolution and Arbitration

14.1 Informal Dispute Resolution

Before initiating any formal legal proceedings, you agree to first contact us at legal@buildingbetterai.com to attempt to resolve any dispute, claim, or controversy informally. We will work in good faith to resolve disputes within 60 days.

14.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by law.

14.3 Arbitration Terms

• The arbitration will be conducted in English
• The arbitration will take place in [Your State/Location] or via videoconference
• The arbitrator's decision is final and binding
• Each party is responsible for their own costs and attorneys' fees
• The arbitrator may award costs and fees as permitted by law

14.4 Exceptions to Arbitration

Either party may seek equitable relief (injunction or specific performance) in court for:

• Intellectual property violations
• Confidentiality breaches
• Urgent security matters

14.5 Class Action Waiver

14.6 Opt-Out of Arbitration

You may opt out of the arbitration provision by sending written notice to legal@buildingbetterai.com within 30 days of account creation. The notice must include:

• Your full name
• Account email address
• Clear statement: "I opt out of the arbitration provision"

If you opt out, all disputes will be resolved in court (subject to Section 14.7).

14.7 Governing Law and Venue

These Terms are governed by the laws of the State of [Your State], United States, without regard to its conflict of law principles.

If arbitration does not apply (due to opt-out or exception), you agree to exclusive jurisdiction in the state or federal courts located in [Your County/State].

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Mental Machina LLC regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms and will not affect the validity and enforceability of the remaining provisions.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including to any affiliate or in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.

15.6 Relationship of Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Mental Machina LLC. You have no authority to bind us or make commitments on our behalf.

15.7 Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. These communications may include notices about your account, transactional information, and marketing messages (you may opt out of marketing communications).

15.8 Export Control

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

15.9 U.S. Government Rights

If you are a U.S. government entity, the Services are "Commercial Items" as defined in 48 C.F.R. §2.101, and are provided with only those rights as granted to non-governmental users.

16. Contact Information

If you have questions, concerns, or complaints about these Terms, please contact us: