PHINEAS Terms of Use

Thank you for visiting phineaschat.com and using Phineas, our wellness-focused website and mobile application. These Terms govern your use of Phineas. Phineas is a non-clinical wellness service and is not intended to provide medical advice, mental health counseling, psychotherapy, diagnosis, or treatment. If you need medical or mental health care, please seek assistance from an appropriate licensed healthcare or mental health professional.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Neuriah, Inc. ("Neuriah," "Company," "we," "our," or "us"). Neuriah owns and operates Phineas, a non-clinical, AI-supported wellness service available through the website located at phineaschat.com, our mobile application, and related digital services (collectively, "Phineas" or the "Service"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of Phineas, including its content, functionality, and services.

Please read these Terms of Use carefully before you use Phineas. By using Phineas or by clicking to accept or agree to these Terms of Use when that option is made available to you, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at phineaschat.com/privacy-policy, which is incorporated by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use Phineas.

Phineas is offered and available only to users who are 18 years of age or older. Phineas is operated from the United States and is intended solely for adults residing in the United States. By using Phineas, you represent and warrant that you satisfy these eligibility requirements. If you do not meet these requirements, you must not access or use Phineas.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion, subject to applicable law. Changes will become effective when posted or on any later effective date stated in the revised Terms.

Your continued use of Phineas after revised Terms of Use become effective means that you accept and agree to the revised Terms. You should review these Terms periodically so you are aware of changes that may apply to you.

Accessing Phineas and Account Security

We reserve the right to withdraw or amend Phineas, and any service, feature, or material we provide through Phineas, in our sole discretion, subject to applicable law. We will not be liable if all or any part of Phineas is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of Phineas, including access by registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to Phineas.
• Ensuring that any person who accesses Phineas through your device, account, or internet connection is aware of and complies with these Terms of Use.

To access Phineas or certain resources it offers, you may be asked to provide registration details or other information. It is a condition of your use of Phineas that the information you provide is accurate, current, and complete. Information you provide to register for or use Phineas is handled in accordance with our Privacy Policy.

Phineas uses authentication methods designed to help protect access to your account. When creating an account or signing in from a new device or session, you may be required to verify your identity using a one-time authentication code or another verification method. Phineas may also allow you to create an optional password as an additional layer of account protection. If you choose to create a password, you are responsible for maintaining its confidentiality. You must not share your password, authentication codes, verification links, or other security credentials with another person. You agree to notify us promptly if you believe your account or authentication credentials have been compromised or used without authorization.

We may disable or suspend an account, authentication credential, or other identifier where we reasonably believe it is necessary to protect the security or integrity of Phineas, comply with law, respond to misuse, or enforce these Terms of Use.

Subscriptions, Billing, Cancellation, and Refunds

Paid Subscriptions. Phineas may offer paid subscription plans that provide access to certain features, usage levels, or services. The price, billing frequency, included features, and other material terms of a paid subscription will be disclosed before you complete your purchase.

Automatic Renewal. Unless otherwise stated at the time of purchase, paid subscriptions automatically renew for successive billing periods until canceled. By purchasing an automatically renewing subscription, you authorize Neuriah or its applicable payment provider to charge the payment method associated with your account for the disclosed subscription fees and applicable taxes at the beginning of each renewal period until you cancel.

Consent to Recurring Charges. Before you enroll in an automatically renewing subscription, Phineas will disclose the applicable price, billing frequency, renewal terms, and method of cancellation. By affirmatively completing your subscription purchase, you agree to the recurring charges disclosed to you at enrollment.

Cancellation. You may cancel a paid subscription at any time using the cancellation method made available to you. Cancellation prevents future renewal charges but, unless otherwise stated or required by applicable law, does not terminate access immediately. You may continue to use paid features through the end of the billing period for which you have already paid.

Refunds. Except where required by applicable law or expressly stated otherwise at the time of purchase, subscription payments are non-refundable and Neuriah does not provide refunds or credits for partially used subscription periods. If Neuriah provides a refund, credit, or other accommodation in a particular situation, doing so does not create an obligation to provide the same accommodation in the future.

Price and Plan Changes. Neuriah may change subscription pricing, plans, features, or usage limits from time to time. Any price increase applicable to an existing subscription will take effect no earlier than a future renewal period after reasonable advance notice, as required by applicable law. If you do not agree to a new price, you may cancel before it takes effect.

Payment Processing. Payments may be processed by third-party payment service providers. Neuriah does not receive or store your complete payment-card information. Your use of a third-party payment provider may also be subject to that provider’s terms and privacy practices.

Taxes and Failed Payments. Applicable sales, use, value-added, or similar taxes may be added where required by law. If we are unable to process a subscription payment, we may attempt the payment again, request updated payment information, suspend paid features, or terminate the applicable subscription, subject to applicable law.

Phineas Free. Phineas currently offers a free tier providing up to 30 minutes of use per user per month. Phineas Free is not a free trial of a paid subscription and does not automatically convert to a paid plan. You will not be charged for using Phineas Free unless you separately and affirmatively select and purchase a paid subscription. If you reach the monthly usage limit, you may wait until your free access resets for the next monthly period or choose to purchase a paid subscription. Purchasing a paid subscription is optional.

Changes to Phineas Free and Promotional Offers. The features, usage limits, eligibility requirements, and availability of Phineas Free or any promotional offer may change prospectively from time to time, subject to applicable law. A change to Phineas Free will not create a charge unless you expressly agree to purchase a paid subscription.

App Store Purchases. If you purchase a Phineas subscription through the Apple App Store, Google Play, or another third-party marketplace, billing, cancellation, and refund procedures may also be governed by the applicable marketplace’s terms. Where required, cancellation or refund requests for those purchases must be made through the marketplace through which the subscription was purchased.

Account Deletion and Subscription Cancellation. Deleting the Phineas application from your device does not cancel an active paid subscription. Requesting deletion of your Phineas account also may not cancel a subscription purchased through a third-party app marketplace. You must follow the applicable subscription cancellation procedure to stop future charges.

Wellness and Professional Advice Disclaimer

Phineas is designed to support personal reflection, general wellness, journaling, self-awareness, and related non-clinical wellness activities. You should not rely on Phineas to diagnose a physical or mental health condition, determine a course of treatment, prescribe or change medication, or make medical or mental health decisions for you.

Neuriah is not a healthcare provider and does not practice medicine, psychotherapy, counseling, or other professional healthcare services through Phineas. Phineas is not an electronic medical record or other repository for authoritative clinical records. Information you provide through Phineas is handled as described in our Privacy Policy.

Phineas and its content do not substitute for professional advice, diagnosis, or treatment. Seek the advice of an appropriate licensed professional with questions about medical symptoms, a medical condition, mental health care, diagnosis, treatment, or medication. Do not disregard professional medical or mental health advice or delay seeking care because of information provided through Phineas.

If you or another person is in immediate danger or experiencing a life-threatening emergency, call 911 or go to the nearest emergency department. If you are experiencing a mental health or suicide-related crisis in the United States, you may also call or text 988. You should not rely on Phineas to contact emergency services, monitor you for emergencies, or arrange emergency assistance.

Artificial Intelligence and Phineas

Phineas uses artificial intelligence to provide a conversational wellness experience. Phineas is an artificial intelligence system and is not a human being, therapist, counselor, physician, healthcare professional, or emergency service. AI-generated responses are intended to support general wellness, reflection, journaling, self-awareness, and related non-clinical purposes and are not medical, legal, financial, or other professional advice.

Artificial intelligence can make mistakes. Responses generated by Phineas may occasionally be inaccurate, incomplete, outdated, or inappropriate for your circumstances. You should use your own judgment when considering information provided through Phineas and consult an appropriate licensed professional regarding matters requiring professional advice or care.

Your use of Phineas does not create a physician-patient, therapist-patient, counselor-client, or other healthcare professional relationship between you and Phineas, Neuriah, or any third-party service provider supporting Phineas. Phineas does not provide diagnoses, treatment recommendations, prescriptions, or medical opinions.

Phineas is not intended for emergencies. You should not rely on Phineas to identify, monitor, or respond to an emergency, contact emergency responders, or arrange medical assistance. Follow the emergency and crisis instructions stated above whenever immediate assistance may be needed.

Neuriah does not warrant that every AI-generated response will be accurate, complete, reliable, timely, or suitable for your individual circumstances. The nature of artificial intelligence means that responses may vary and may not reflect the most current information available.

You are responsible for evaluating information received through Phineas and deciding whether professional assistance is appropriate. Do not start, stop, or change medication or professional treatment based on information provided through Phineas.

Phineas cannot perform a physical examination, order diagnostic testing, prescribe medication, or independently verify information you provide. It should not be used as a substitute for the clinical judgment of a licensed healthcare or mental health professional.

Phineas uses information you provide during your interactions to generate responses and support the continuity of your wellness experience. Certain information from your interactions may be processed or retained to provide continuity across sessions, as described in our Privacy Policy. Phineas does not independently verify the accuracy or completeness of information you provide.

Information submitted through Phineas, including information from conversations and other in-app features, is processed, used, retained, and disclosed as described in our Privacy Policy. Phineas is designed as a private, individual wellness experience; details regarding access to, retention of, and permitted uses of your information are governed by the Privacy Policy.

Intellectual Property Rights

Phineas and its entire contents, features, and functionality (including but not limited to software, artificial intelligence-supported features, text, displays, images, video, audio, graphics, design, selection, and arrangement) are owned by Neuriah, its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use Phineas for your personal, non-commercial use only. Except as expressly permitted by these Terms, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, reverse engineer, or commercially exploit any material or functionality made available through Phineas.

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages made available through Phineas for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a copy to your device solely for your own personal, non-commercial use, subject to these Terms of Use and any applicable end user license terms.
• If we provide social-sharing features for specific content, you may use those features only as they are made available by Phineas.
• Neuriah may operate social media accounts or public communities under the Phineas or Phineas Chat name on third-party platforms. Your interactions on those platforms are separate from your private use of Phineas and are subject to the applicable third-party platform’s terms and privacy practices.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for commercial purposes any part of Phineas or any services or materials available through Phineas except with our prior written permission.

If you wish to use material from Phineas other than as permitted by these Terms, please contact us at [email protected].

If you copy, modify, download, distribute, or otherwise use Phineas or its content in breach of these Terms of Use, your right to use Phineas may stop immediately and you may be required, at our option, to return or destroy copies of materials you have made. No right, title, or interest in or to Phineas or its content is transferred to you except for the limited right to use the Service in accordance with these Terms. All rights not expressly granted are reserved by Neuriah.

Trademarks

PHINEAS™, PHINEAS CHAT, the Phineas logo, and related product and service names, designs, slogans, trade dress, and other brand identifiers used by Neuriah are trademarks, service marks, or other proprietary intellectual property of Neuriah or its licensors. The PHINEAS mark is the subject of a pending U.S. trademark application. You must not use these marks without prior written permission from Neuriah. Other names, logos, product and service names, designs, and slogans appearing through Phineas may be the marks of their respective owners.

Prohibited Uses

You may use Phineas only for lawful purposes and in accordance with these Terms of Use. You agree not to use Phineas:

• In any way that violates any applicable federal, state, local, or international law or regulation, including laws regarding the export of data or software to or from the United States or other countries.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by attempting to obtain personal information from a minor through Phineas.
• To upload, submit, transmit, or use material that infringes the intellectual property, privacy, publicity, or other rights of another person or entity or that is otherwise unlawful.
• To transmit or procure the sending of unauthorized advertising, promotional material, junk mail, spam, or other similar solicitation through Phineas.
• To impersonate or attempt to impersonate Neuriah, a Neuriah employee, another user, or any other person or entity.
• To engage in conduct that restricts or inhibits another person’s lawful use of Phineas, harms Neuriah or users of Phineas, or exposes Neuriah or another person to liability.

Additionally, you agree not to:

• Use Phineas in any manner that could disable, overburden, damage, or impair the Service or interfere with another person’s use of Phineas.
• Use any robot, spider, scraper, automated device, process, or means to access Phineas for unauthorized monitoring, copying, extraction, training, model development, or other purposes not expressly permitted by these Terms.
• Use any manual process to monitor, copy, extract, or reproduce material from Phineas for a purpose not expressly authorized in these Terms without our prior written consent.
• Use any device, software, or routine that interferes with the proper operation of Phineas.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of Phineas, any account, the servers or systems supporting Phineas, or any server, computer, or database connected to Phineas.
• Attack Phineas through a denial-of-service attack, distributed denial-of-service attack, or other malicious activity.
• Otherwise attempt to interfere with the proper operation, security, or integrity of Phineas.

Private Use of Phineas and External Social Communities

Phineas is designed as a private, individual wellness experience. The Service does not provide public message boards, community forums, or features that allow users to publish their private in-app conversations, reflections, or other private in-app content to other users. Information you provide through Phineas is handled in accordance with our Privacy Policy.

Neuriah may maintain social-media accounts or public communities under the Phineas or Phineas Chat name on third-party platforms. Participation in those third-party platforms is separate from your private use of Phineas and is subject to the terms, privacy policies, and practices of the applicable platform.

Reliance on Information

Information presented on or through Phineas is made available for general wellness, educational, and informational purposes. Because Phineas uses artificial intelligence, information may not always be accurate, complete, current, or suitable for your circumstances. Any reliance you place on information provided through Phineas is at your own risk, subject to rights that cannot be excluded under applicable law.

Phineas may include content or functionality provided by third parties. Third-party content does not necessarily reflect the views of Neuriah. Neuriah is not responsible for third-party content except to the extent responsibility cannot be excluded under applicable law.

Changes to Phineas

We may update Phineas and its content from time to time. Features, functionality, or content may change, and some material may become outdated. We may not maintain every feature or item of content indefinitely.

Information About You and Your Use of Phineas

Information we collect through Phineas is subject to our Privacy Policy. By using Phineas, you acknowledge that information will be handled as described in the Policy.

Phineas Social Media and Third-Party Platforms

Neuriah may maintain official social-media accounts, including accounts using the Phineas Chat name or handle. Content you choose to post or share on a third-party social-media platform is not part of your private Phineas account or private in-app experience and is governed by the applicable platform’s terms and privacy practices.

You may link to phineaschat.com in a fair and lawful manner that does not damage our reputation or falsely suggest sponsorship, approval, or endorsement by Neuriah. We may withdraw linking permission where appropriate.

Links from Phineas

If Phineas contains links to websites, applications, or resources provided by third parties, those links are provided for convenience only. Neuriah does not control those third-party services and is not responsible for their content, security, availability, or practices. If you access a third-party service through Phineas, your use of that service is subject to the third party’s terms and privacy practices.

International Use

Phineas is operated by Neuriah, Inc., a United States company based in Pennsylvania and intended solely for adults residing in the United States. If you nevertheless access or use Phineas from outside the United States, you do so on your own initiative and are responsible for complying with laws applicable to you in your location. By using Phineas, you acknowledge that these Terms are governed as provided in the Governing Law and Jurisdiction section below and that information you provide is stored in the United States but may be processed by authorized service providers in other countries as described in our Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Phineas will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF PHINEAS OR ANY SERVICES OR ITEMS OBTAINED THROUGH PHINEAS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Limitation on Liability

Indemnification

You agree to defend, indemnify, and hold harmless the Company, 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 Use or your use of Phineas, including, but not limited to, your User Contributions, any use of Phineas’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Phineas.

Governing Law and Jurisdiction

Except to the extent otherwise required by non-waivable applicable law, these Terms of Use and any dispute or claim arising out of or relating to Phineas shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania and applicable federal laws of the United States, without giving effect to choice- or conflict-of-law principles.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or Phineas shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania located in Lancaster County.

Arbitration

At the Company’s sole discretion, and except where prohibited or limited by applicable law, the Company may require disputes arising from these Terms of Use or use of Phineas to be submitted to final and binding arbitration under the applicable rules of the American Arbitration Association applying Pennsylvania law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Neuriah, Inc. regarding your use of Phineas, except for any additional terms expressly applicable to a particular subscription, feature, promotion, or third-party marketplace purchase, and supersede prior and contemporaneous understandings relating to that subject matter.

Your Comments and Concerns

Phineas is operated by Neuriah, Inc., P.O. Box 114, Lititz, PA 17543-9998.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [copyright-policy] in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to Phineas should be directed to [email protected].

PHINEAS Accessibility Statement

The World Health Organization has estimated that there are more than one billion people living with disabilities, with more than100 million persons having significant difficulties in functioning (for more information, see https://www.who.int/news-room/fact-sheets/detail/disability-and-health). Many of these disabilities can affect access to information technologies. Additionally, the same individuals who run into barriers that impede access to information technologies could benefit most from using them. Given the importance of the internet, accessibility to the web is of critical importance to people with disabilities around the world, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging. Providing accessible web content can also benefit people who do not have disabilities but who are experiencing situational barriers. For example, when accessing the internet from devices with small screens or in low bandwidth situations, or when experiencing barriers due to language or literacy levels, accessibility solutions can also support improved access.

Neuriah Inc. is committed to ensuring equal access for people with disabilities. People with disabilities are important customers, users, employees, and contributors to our business. Neuriah Inc. will endeavor to maximize access to Phineas. Web and application content produced by Neuriah Inc. for Phineas is intended to meet WCAG Version 2.2 AA.

If you have any questions or are having difficulty with any portion of Phineas, please contact Neuriah Inc. at [email protected].

COPYRIGHT POLICY

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (“Phineas”) infringe your copyright, you may request removal of those materials (or access to them) from Phineas by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Phineas, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on Phineas is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material made available through Phineas was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Phineas may be found) and that you will accept service from the person (or an agent of that person) who provided Phineas with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on Phineas was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.