Terms of Service

You must be at least 17 years old to use the Service, or older if the age of digital consent in your country is higher. By using the Service you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

The Service is not directed to children under 13 and we do not knowingly collect personal information from them. If we learn that we hold information from a child under 13, we will delete it. A parent or guardian who believes a child has provided us information may write to privacy@counsy.app.

You may not use the Service if you are barred from doing so under the laws of the United States or your country of residence, or if we have previously terminated your account.

Counsy is a consumer application in which you speak or type to an AI companion. The companion responds in a synthesised voice or in text. The Service also records simple, self-reported signals about how you are feeling and presents them back to you as charts and streaks.

Responses are generated by large language models, speech recognition and speech synthesis systems, including services operated by third parties on our behalf. Output is probabilistic, may be inaccurate, incomplete, inappropriate or entirely wrong, and does not represent the views of Soundswire LLC or of any qualified professional.

The mood, emotion and progress features are illustrative reflections of what you told the app. They are not measurements, assessments, screenings, scores or diagnoses of any condition, and they must not be used as evidence of, or to rule out, any medical or psychological state.

COUNSY IS NOT A SUBSTITUTE FOR PROFESSIONAL CARE. The Service does not create a therapist-client, physician- patient, counsellor-client, or any other professional or fiduciary relationship between you and Soundswire LLC, its personnel, or the AI companion. No licensed clinician reviews your conversations, and none is available through the Service.

The AI companion is designed to converse in the register of a supportive friend. It is not a friend, it is software; and a friend is not a clinician either. Nothing it says is advice, a treatment plan, a recommendation, or a professional opinion, however confident, caring or specific it may sound.

You agree that you will not rely on the Service:

• to diagnose, treat, cure, mitigate or prevent any disease, disorder or condition, whether physical or mental;
• to decide whether to start, stop, change or adjust any medication, therapy, treatment or dosage;
• as a reason to delay, avoid or discontinue seeking care from a qualified professional;
• in an emergency, or in place of emergency services, a crisis line, a hospital, or a person who can physically help you;
• for advice on legal, financial, safety, employment, immigration or medication matters.

Always seek the advice of a qualified health provider with any question you have regarding a medical or mental-health condition. Never disregard professional advice, or delay seeking it, because of something the Service said.

The Service has not been evaluated or approved by the U.S. Food and Drug Administration or by any other regulator, and is not intended to be a medical device under 21 U.S.C. § 321(h), the EU Medical Device Regulation, or any equivalent framework.

THE SERVICE IS NOT MONITORED BY HUMANS AND CANNOT SUMMON HELP. We do not review conversations in real time. Nobody is on the other end. The Service cannot call an ambulance, alert a contact, notify authorities, or intervene in any way.

If you are thinking about harming yourself or another person, if you are in immediate danger, or if you are experiencing a medical emergency, stop using the Service and contact emergency services on your local emergency number. In the United States you can call or text 988to reach the Suicide & Crisis Lifeline, or call 911. Outside the United States, you can find a local line at findahelpline.com.

The Service may attempt to surface crisis resources when certain language is detected. That behaviour is a courtesy and must not be relied on. It is best-effort, frequently wrong in both directions, and may fail entirely. No feature of the Service constitutes risk detection, triage, screening, monitoring, or a duty of care.

You are responsible for the accuracy of the information on your account, for keeping your sign-in credentials confidential, and for all activity that occurs under your account. Tell us promptly at support@counsy.app if you believe your account has been compromised.

Accounts are personal to you. You may not share, sell, rent, lend or transfer your account, and you may not create an account on behalf of anyone else without their authority.

Access to Counsy's conversational features requires an active paid subscription. Subscriptions are sold through the Apple App Store and, where offered, the Google Play Store, and are billed by that store — not by us.

Automatic renewal. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the period ends. Your account is charged for renewal within 24 hours of the end of the current period, at the price then in effect.

Managing and cancelling. You manage and cancel your subscription in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.

Refunds. Purchases are processed by the app store, and refunds are governed by that store's policies. We generally cannot issue refunds directly. Except where required by law, fees are non-refundable and there are no refunds or credits for partially used periods.

Usage allowances and top-ups. Plans include a stated monthly allowance of spoken conversation time. Additional time may be offered as one-time purchases ("top-ups"). Top-ups require an active subscription, are consumed before plan minutes, are non-refundable, have no cash value, and are not transferable. Unused plan minutes do not roll over between periods unless we say otherwise.

Price changes. We may change prices. Changes apply from the next billing period after we notify you, and continued use after that constitutes acceptance. You may cancel before the change takes effect.

Trials and promotions. Where a free or discounted trial is offered, it converts to a paid subscription at the end of the trial unless cancelled beforehand. Trials are limited to one per user and may be withdrawn or altered at any time.

You agree not to, and not to help anyone else:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• present output of the Service as professional advice, or use it to advise, diagnose or treat another person;
• use the Service to generate content that is unlawful, harassing, defamatory, sexually explicit involving minors, or that promotes self-harm or violence;
• attempt to circumvent usage limits, entitlement checks, payment verification, rate limits or any other technical restriction;
• reverse engineer, decompile, scrape, or extract the models, prompts, weights or source of the Service, or use it to build a competing product;
• upload another person's recording, voice, likeness or personal information without their consent;
• interfere with the integrity or performance of the Service, or access it through automated means not offered by us.

We may suspend or terminate access immediately, without refund, for any breach of this section.

"Your Content" means the audio, text and other material you submit to the Service. As between you and us, you retain ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, transcribe and display Your Content solely to operate and provide the Service to you — for example, to transcribe an utterance, generate a reply, and show you your own history. This licence ends when the content is deleted, except for copies retained in routine backups for a limited period.

We do not sell Your Content, and we do not use your conversations to train foundation models for our own or a third party's benefit. Our processors are contractually restricted to processing on our instructions. See the Privacy Policy for detail.

You represent that you have the rights necessary to submit Your Content and that it does not infringe anyone's rights.

Output is generated automatically. It may be inaccurate, offensive, biased, out of date, or fabricated, and two identical prompts can produce different answers. We do not warrant that output is correct, complete, useful, or suitable for any purpose.

You are solely responsible for any decision or action you take based on output of the Service, and for evaluating its accuracy before relying on it.

The synthesised voice is a synthetic voice generated by third-party technology. It is not a recording of a real person speaking to you, and no representation is made that any human has heard, read or responded to your conversation.

The Service, including its software, design, the Counsy character and its likeness, the Counsy name and logo, and all related intellectual property, is owned by Soundswire LLC and its licensors and is protected by law. We grant you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Service for your own personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved.

The Service depends on third parties including Apple, Google, Cloudflare, RevenueCat, and providers of speech and language models. We are not responsible for their acts, omissions, availability, or terms, and their failure may interrupt the Service. Your purchase relationship for subscriptions is with the applicable app store.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUNDSWIRE LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE, APPROPRIATE, HELPFUL, OR THERAPEUTICALLY BENEFICIAL. WE MAKE NO REPRESENTATION THAT USE OF THE SERVICE WILL IMPROVE YOUR MOOD, MENTAL HEALTH, WELLBEING OR ANY OTHER OUTCOME.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

You acknowledge that talking about difficult experiences can be distressing, that an AI companion may respond in a way you find unhelpful or upsetting, and that no software can assess your safety. You use the Service voluntarily and at your own risk, and you assume full responsibility for that decision and for seeking qualified help when you need it.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUNDSWIRE LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FOR PERSONAL INJURY, EMOTIONAL DISTRESS, MENTAL ANGUISH, OR DEATH, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you; in that case our liability is limited to the smallest amount permitted by law. Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud.

You agree to defend, indemnify and hold harmless Soundswire LLC and its officers, members, employees, contractors and agents from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your breach of these Terms, your violation of any law or of any third party's rights, or any decision you or anyone else made in reliance on output of the Service.

You may stop using the Service at any time and may delete your account from within the app. We may suspend or terminate your access at any time, with or without notice, if we believe you have breached these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination — including sections 3, 8, 9, 12, 13, 14, 15 and 16 — survive.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by the U.S. Federal Arbitration Act as to arbitrability.

Informal resolution first. Before starting a formal proceeding, you agree to contact us at legal@counsy.app and give us 60 days to resolve the dispute.

BINDING ARBITRATION. ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE THAT IS NOT RESOLVED INFORMALLY WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THE ARBITRATOR DECIDES ALL ISSUES EXCEPT THAT A COURT DECIDES THE ENFORCEABILITY OF THIS PARAGRAPH.

CLASS-ACTION AND JURY WAIVER. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Opt-out. You may opt out of arbitration by writing to legal@counsy.app within 30 days of first accepting these Terms, stating your name and that you opt out. Opting out does not affect the rest of these Terms.

Either party may bring an individual claim in small-claims court. Nothing here prevents either party from seeking injunctive relief for infringement of intellectual property.

If you obtained the app from the Apple App Store: these Terms are between you and Soundswire LLC only, not Apple. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the app, including product liability, regulatory compliance, or consumer-protection claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may update these Terms. If a change is material we will give reasonable notice, for example in the app or by email, before it takes effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel your subscription.

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, it is severed and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Notices to us go to legal@counsy.app.