Terms and Conditions

Last updated: December 4, 2024

Welcome to Re:shape. These Terms and Conditions constitute a legally binding agreement between you and Re:shape governing your access to and use of our relationship advice application, website, and related services (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing or using Re:shape, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms and policies referenced herein or made available to you. These Terms apply to all users of the Service.

We reserve the right to modify these Terms at any time. We will provide notice of material changes as described in Section 16. Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 13 years of age to use Re:shape. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding contract.

2.2 Account Registration

To access certain features of the Service, you must create an account. You agree to:

2.3 Account Limitations

You may only create one account per individual. Creating multiple accounts or sharing accounts is prohibited. We reserve the right to suspend or terminate accounts that violate this restriction.

3. Description of Service

Re:shape provides an AI-powered platform for relationship advice and educational resources. Our Service includes:

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.

4. Critical Disclaimers

4.1 Not Professional Therapy or Counseling

RE:SHAPE IS NOT A SUBSTITUTE FOR PROFESSIONAL THERAPY, COUNSELING, OR MENTAL HEALTH TREATMENT. Our AI-powered advice is intended for informational and educational purposes only. Re:shape does not provide medical advice, mental health treatment, or professional counseling services.

4.2 No Professional-Client Relationship

Use of the Service does not create a therapist-client, counselor-client, or any other professional relationship between you and Re:shape or any of its employees, contractors, or partners. Our AI is not a licensed therapist, psychologist, counselor, or mental health professional.

4.3 Emergency Situations

If you are experiencing a mental health crisis, thoughts of self-harm, suicidal ideation, domestic violence, abuse, or any emergency situation, do not rely on Re:shape. Instead, immediately contact:

4.4 Accuracy and Reliability

While we strive to provide helpful and accurate information, we do not warrant that the advice, recommendations, or content provided through the Service will be accurate, complete, reliable, current, or error-free. AI-generated responses may contain inaccuracies or may not be suitable for your specific situation.

4.5 Individual Circumstances

Every relationship and personal situation is unique. The advice provided by Re:shape is general in nature and may not be appropriate for your specific circumstances. You should use your own judgment and, when appropriate, consult with qualified professionals before making important decisions about your relationships or personal life.

5. User Responsibilities and Conduct

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

5.2 Content Standards

When using the Service, you must not submit content that:

5.3 Responsibility for Content

You are solely responsible for the information, data, and content you provide to Re:shape. You retain ownership of your content, but grant us the licenses described in Section 8.

6. Subscription and Payment Terms

6.1 Subscription Plans

Re:shape may offer free and paid subscription plans. The specific features, limitations, and pricing of each plan will be described on our website or within the application.

6.2 Payment

By subscribing to a paid plan, you agree to pay all applicable fees and charges. All fees are non-refundable except as required by law or as expressly stated in these Terms. You authorize us to charge your payment method for all fees incurred.

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate unless you cancel your subscription.

6.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of the paid period.

6.5 Price Changes

We reserve the right to change our subscription fees at any time. We will provide you with reasonable advance notice of any price changes. If you do not agree to the price change, you may cancel your subscription.

6.6 Taxes

All fees are exclusive of applicable taxes unless stated otherwise. You are responsible for all taxes associated with your purchase.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and AI models) are owned by Re:shape, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

Re:shape name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Re:shape or its affiliates. You may not use these marks without our prior written permission.

7.3 Limited License to Use

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 Service for your personal, non-commercial use only.

8. User Content and License

8.1 Your Content

You retain all ownership rights to the content you submit to Re:shape, including your onboarding information, chat conversations, and any other data you provide.

8.2 License Grant

By submitting content to the Service, you grant Re:shape a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with providing, improving, and promoting the Service.

8.3 Use for Service Improvement

We may use your content (in aggregated, anonymized form) to:

We will not use your identifiable personal information for these purposes without additional consent as described in our Privacy Policy.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of personal information as described in the Privacy Policy.

10. Third-Party Links and Services

The Service may contain links to third-party websites, resources, or services that are not owned or controlled by Re:shape. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Re:shape shall not be responsible or liable for any damage or loss caused by your use of any third-party content, goods, or services.

11. Disclaimers and Limitations of Liability

11.1 "AS IS" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

RE:SHAPE DOES NOT WARRANT THAT:

11.2 No Guarantee of Results

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING THE SERVICE. RELATIONSHIP OUTCOMES DEPEND ON MANY FACTORS BEYOND OUR CONTROL. ANY DECISIONS YOU MAKE BASED ON INFORMATION FROM RE:SHAPE ARE YOUR SOLE RESPONSIBILITY.

11.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RE:SHAPE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF RE:SHAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 Maximum Liability

TO THE EXTENT PERMITTED BY LAW, RE:SHAPE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO RE:SHAPE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.5 Basis of the Bargain

You acknowledge that Re:shape has set its prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and Re:shape.

12. Indemnification

You agree to defend, indemnify, and hold harmless Re:shape, 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:

13. Account Termination and Suspension

13.1 Termination by You

You may terminate your account at any time by following the account deletion process in your account settings or by contacting us. Upon termination, your right to use the Service will immediately cease.

13.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, and without liability, including if:

13.3 Effect of Termination

Upon termination:

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any legal proceeding, you agree to first contact us at legal@getreshape.app to attempt to resolve any dispute informally. We will attempt to resolve the dispute informally within 60 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Re:shape agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify.

14.3 Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in [Your Jurisdiction] or another mutually agreed location. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

YOU AND RE:SHAPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@getreshape.app within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

15. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

Subject to the arbitration provisions above, you agree to submit to the personal jurisdiction of the state and federal courts located in [Your Jurisdiction] for the purpose of litigating all such claims or disputes.

16. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website or within the application. Material changes will be effective upon:

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Re:shape concerning the Service.

17.2 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

17.5 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

17.6 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, government actions, or Internet service failures.

17.7 Export Control

The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations.

17.8 Notices

We may provide notices to you via email to the address associated with your account or through the Service. You agree that electronic communications satisfy any legal requirement that communications be in writing.

18. Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

We will respond to your inquiry within a reasonable timeframe.

19. Acknowledgment

BY USING RE:SHAPE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RE:SHAPE AND SUPERSEDE ANY PRIOR AGREEMENTS OR UNDERSTANDINGS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RE:SHAPE IS NOT A SUBSTITUTE FOR PROFESSIONAL THERAPY OR COUNSELING AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.