Terms of Use for Emergent Skills

Emergent Skills end user license agreement (EULA)

Effective Date: May 2025

CRITICAL HEALTH & SAFETY NOTICE

⚠️ THIS IS NOT THERAPY OR MEDICAL TREATMENT ⚠️

QUICK SUMMARY - PLEASE READ:

  • ✅ Emergent Skills provides AI-powered life skills coaching and educational content ONLY
  • ❌ We are NOT therapists, doctors, or mental health professionals
  • ❌ This Application does NOT provide therapy, counseling, or medical services
  • 🚨 FOR EMERGENCIES: CALL 911 IMMEDIATELY
  • 📞 For mental health crisis: Call or text 988 (US)
  • 👤 You must be 18+ years old to use this Application
  • ⚖️ By using this app, you agree to binding arbitration and waive class action rights
  • 💡 Always consult licensed professionals for health concerns

If you are experiencing a medical or mental health emergency, STOP and contact emergency services immediately.

1. DEFINITIONS

  • "Emergent Skills" "we," "us," "our": Emergent Skills, alternate name of Emergent Skills, LLC, New Jersey limited liability company
  • "Application": The Emergent Skills mobile, web, or AI-based platform
  • "Services": AI-powered life skills coaching, educational content, self-improvement tools, and related features
  • "AI Coach": Our artificial intelligence system that provides automated responses and guidance
  • "Content": All information, text, graphics, audio, video, and materials provided through the Application
  • "User," "you," "your": The individual accessing or using the Application
  • "User Information": Any data, content, or information you provide or generate while using the Services
  • "Professional": A licensed healthcare provider, therapist, counselor, or medical practitioner

2. NATURE OF SERVICES - ESSENTIAL UNDERSTANDING

2.1 What We Provide:

Emergent Skills exclusively offers:

  • AI-powered life skills coaching and guidance
  • Educational content on personal development
  • Self-improvement tools and exercises
  • General wellness information
  • Productivity and goal-setting resources
  • Stress management techniques for everyday situations
  • Communication skills training

2.2 What We DO NOT Provide:

Emergent Skills explicitly DOES NOT provide:

  • Psychotherapy or counseling services
  • Psychiatric evaluation or treatment
  • Medical advice, diagnosis, or treatment
  • Mental health treatment or intervention
  • Crisis intervention or emergency services
  • Medication recommendations or management
  • Treatment for mental illness or psychological disorders
  • Professional healthcare services of any kind

2.3 AI System Limitations:

YOU ACKNOWLEDGE AND UNDERSTAND THAT:

  • Our AI Coach is a computer program, not a human being
  • Responses are algorithmically generated and may contain errors
  • The AI cannot exercise professional judgment or expertise
  • The AI may not understand context or nuance as a human would
  • The AI cannot detect or respond appropriately to emergencies
  • The AI's responses should never replace professional advice
  • The AI may produce inappropriate, incorrect, or harmful content despite our best efforts

3. USER ACKNOWLEDGMENTS & ASSUMPTION OF RISK

By clicking "Accept" or using the Application, you explicitly acknowledge, understand, and agree that:

3.1 Health-Related Acknowledgments:

  • You are using the Application solely for personal development and educational purposes
  • You will NOT rely on the Application as a substitute for professional medical or mental health care
  • You understand that no doctor-patient or therapist-client relationship is created
  • You will seek appropriate professional help if experiencing mental health concerns
  • You will not discontinue or modify any prescribed treatment based on Application content
  • You understand the Application cannot diagnose, treat, cure, or prevent any condition

3.2 Assumption of Risk:

  • You voluntarily assume all risks associated with using self-help and educational tools
  • You understand that personal development activities may bring up emotional responses
  • You acknowledge that results vary and no specific outcomes are guaranteed
  • You accept that the Application may not be suitable for your specific needs
  • You assume responsibility for any decisions made based on Application content

3.3 Competency Declaration:

By using this Application, you represent that:

  • You are mentally and emotionally capable of using self-help tools
  • You are not currently experiencing a mental health crisis
  • You will discontinue use if the Application causes distress
  • You will seek professional help if needed

4. EMERGENCY SITUATIONS & CRISIS RESOURCES

4.1 IMMEDIATE EMERGENCY PROTOCOL

IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY:

  1. STOP using this Application immediately
  2. CALL 911 or your local emergency number
  3. GO TO your nearest emergency room
  4. DO NOT rely on this Application for emergency assistance

4.2 Crisis Resources:

United States:

  • Suicide & Crisis Lifeline: Call or text 988
  • Crisis Text Line: Text HOME to 741741
  • SAMHSA National Helpline: 1-800-662-4357
  • National Domestic Violence Hotline: 1-800-799-7233
  • RAINN Sexual Assault Hotline: 1-800-656-4673
  • Veterans Crisis Line: Call 988 then press 1

International Users:

  • Please identify crisis resources in your country
  • Visit findahelpline.com for international resources
  • Contact your local emergency services

4.3 Warning Signs Requiring Professional Help:

Discontinue use and seek professional help if experiencing:

  • Thoughts of self-harm or suicide
  • Thoughts of harming others
  • Severe depression or anxiety
  • Psychosis or loss of reality
  • Substance abuse issues
  • Eating disorder symptoms
  • Any mental health emergency

5. ELIGIBILITY & AGE REQUIREMENTS

5.1 Minimum Age:

  • You must be at least 18 years old to use this Application
  • We do not knowingly collect information from anyone under 18
  • If we discover a user is under 18, their account will be immediately terminated

5.2 Additional Eligibility:

You may NOT use the Application if:

  • You are under 18 years of age
  • You are legally incompetent or incapacitated
  • You are prohibited by law from using such services
  • You have been previously banned from the Application
  • You are seeking emergency or crisis intervention services

6. USER ACCOUNTS & SECURITY

6.1 Account Registration:

  • You must provide accurate, current, and complete information
  • You must update information to maintain accuracy
  • You may not create accounts for others without authorization
  • You may not use false or misleading information
  • You may not create multiple accounts to circumvent restrictions

6.2 Account Security:

You are responsible for:

  • Maintaining confidentiality of login credentials
  • Enabling Multi-Factor Authentication (MFA) when available
  • All activities occurring under your account
  • Immediately notifying us of unauthorized access
  • Ensuring no one else uses your account

6.3 Account Termination:

We may suspend or terminate accounts that:

  • Violate these terms
  • Remain inactive for extended periods
  • Engage in fraudulent or illegal activity
  • Pose a risk to other users or the Application

7. PROHIBITED USES & CONDUCT

7.1 You agree NOT to:

Health & Safety Violations:

  • Use the Application in lieu of professional medical or mental health treatment
  • Use the Application during mental health emergencies
  • Share Application content as medical or therapeutic advice
  • Misrepresent the Application's services as professional healthcare
  • Encourage others to avoid professional treatment

General Prohibited Conduct:

  • Violate any applicable laws or regulations
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Submit false reports or information
  • Attempt to extract or scrape data
  • Introduce malware or malicious code
  • Reverse engineer the Application
  • Use the Application for commercial purposes without authorization
  • Circumvent security features or access restrictions
  • Share your account with others
  • Use automated systems or bots
  • Engage in any activity that disrupts the Application

7.2 Content Restrictions:

You may not submit content that:

  • Contains explicit descriptions of self-harm or suicide methods
  • Promotes illegal activities
  • Contains hate speech or discrimination
  • Violates others' privacy or intellectual property
  • Is pornographic or sexually explicit
  • Promotes violence or dangerous activities

8. INTELLECTUAL PROPERTY & LICENSE

8.1 Our Intellectual Property:

Emergent Skills retains all rights to:

  • The Application and its source code
  • All Content provided through the Services
  • Our trademarks, logos, and brand elements
  • AI models and algorithms
  • Educational materials and curricula
  • Any derivative works or improvements

8.2 Limited License to You:

We grant you a:

  • Personal, non-exclusive, non-transferable
  • Revocable, limited license
  • To use the Application for personal, non-commercial purposes
  • Subject to compliance with these Terms

8.3 User Information License:

By submitting User Information, you grant us a:

  • Worldwide, royalty-free, perpetual license
  • To use, modify, and analyze your information
  • For providing and improving Services
  • Subject to our Privacy Policy
  • With the right to anonymize and aggregate data

9. PRIVACY & DATA PROTECTION

9.1 Data Collection & Use:

  • We collect and process data per our Privacy Policy
  • You consent to data practices described in the Privacy Policy
  • We implement reasonable security measures
  • We cannot guarantee absolute security

9.2 Data Retention:

  • Conversation history retained for [X days/months]
  • Account data retained for [specify period]
  • You may request data deletion per our Privacy Policy
  • Some data may be retained for legal compliance

9.3 AI Training & Data Use:

  • User data may be anonymized for AI improvement
  • You may opt-out of data use for training
  • Personal identifiers are removed from training data
  • Aggregated insights may be used for research

9.4 Health Information Notice:

  • We are NOT a "covered entity" under HIPAA
  • HIPAA protections do not apply to our Services
  • Do not share protected health information
  • Consult healthcare providers about privacy needs

10. PAYMENT TERMS & REFUNDS

10.1 Subscription Fees:

  • Fees are clearly displayed before purchase
  • All fees are in US Dollars unless specified
  • Prices subject to change with notice
  • Taxes are additional where applicable

10.2 Billing & Payment:

  • Payments processed by third-party providers
  • You authorize recurring charges for subscriptions
  • You must provide accurate billing information
  • Failed payments may result in service suspension

10.3 Refund Policy:

  • Generally, all sales are final
  • No refunds for partial subscription periods
  • Refunds may be available for technical issues
  • Refund requests evaluated case-by-case

11. DISCLAIMERS & LIMITATIONS OF LIABILITY

11.1 Service Disclaimers:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND

WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • UNINTERRUPTED OR ERROR-FREE SERVICE
  • RESULTS OR OUTCOMES

11.2 No Professional Relationship:

WE EXPLICITLY DISCLAIM:

  • Creation of any professional-client relationship
  • Any duty of care typical of healthcare providers
  • Responsibility for health outcomes
  • Liability for reliance on Application content

11.3 Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed $100 USD
  • We are not liable for indirect, consequential, or punitive damages
  • We are not liable for personal injury or emotional distress
  • We are not liable for third-party actions or content

11.4 Essential Basis of Bargain:

These limitations are fundamental to our agreement and reflect the allocation of risk between parties.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Emergent Skills, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Your User Information or content
  • Your negligence or willful misconduct
  • Any claim that you relied on the Application instead of seeking professional help

13. DISPUTE RESOLUTION & ARBITRATION

13.1 Mandatory Binding Arbitration:

YOU AGREE THAT ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION

  • Arbitration through JAMS or AAA
  • Arbitration located in [City, State]
  • Application of [State] law
  • Each party bears own attorneys' fees
  • Limited discovery rights
  • No jury trial rights

13.2 Class Action Waiver:

YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS

  • All claims must be brought individually
  • No class, collective, or representative actions
  • No private attorney general actions

13.3 Exceptions to Arbitration:

The following may be brought in court:

  • Small claims court actions
  • Injunctive relief for IP violations
  • Emergency relief pending arbitration

14. INTERNATIONAL USE & COMPLIANCE

14.1 U.S.-Based Service:

  • The Application operates from the United States
  • We make no claims about international compliance
  • You are responsible for local law compliance
  • We may restrict access from certain countries

14.2 Export Controls:

You agree not to export or re-export the Application in violation of U.S. export laws and regulations.

15. ACCESSIBILITY

15.1 Accessibility Commitment:

  • We strive to meet WCAG 2.1 Level AA standards
  • Accessibility features may vary by platform
  • Report accessibility issues to [contact email]
  • We cannot guarantee full accessibility for all disabilities

15.2 Reasonable Accommodations:

Contact us for assistance with accessibility needs, though accommodations may be limited by the nature of AI services.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify:

  • We may update these Terms at any time
  • Material changes will be notified via email or in-app
  • Continued use constitutes acceptance of changes
  • Review Terms periodically for updates

16.2 Notice Period:

  • 30 days notice for material changes
  • Immediate effect for legal compliance changes
  • Option to terminate if you disagree with changes

17. PROFESSIONAL REFERRAL DISCLAIMER

17.1 No Referrals or Recommendations:

  • We do not recommend specific healthcare providers
  • Any provider lists are informational only
  • We are not responsible for third-party services
  • Verify credentials of any professionals independently

17.2 Encouragement to Seek Professional Help:

We encourage users to:

  • Maintain relationships with healthcare providers
  • Seek professional evaluation when appropriate
  • Not delay professional treatment
  • Use the Application as supplement, not replacement

18. CONTENT MODERATION & SAFETY

18.1 Content Monitoring:

  • We may monitor user interactions for safety
  • Concerning content may trigger safety protocols
  • We may share information if required by law
  • We may suspend access for safety reasons

18.2 Reporting Obligations:

We may report to authorities:

  • Threats of imminent harm
  • Child abuse or endangerment
  • Other legal reporting requirements

19. TERMINATION

19.1 Termination by You:

  • Cancel subscription anytime through account settings
  • Delete account through profile options
  • Email request to [support email]
  • Termination effective per billing cycle

19.2 Termination by Us:

We may terminate immediately for:

  • Terms violation
  • Illegal activity
  • Safety concerns
  • Non-payment
  • Extended inactivity

19.3 Effect of Termination:

  • Loss of access to Services
  • Deletion of data per Privacy Policy
  • No refund entitlement
  • Survival of certain Terms provisions

20. MISCELLANEOUS PROVISIONS

20.1 Entire Agreement:

These Terms constitute the complete agreement between parties.

20.2 Severability:

Invalid provisions will be severed; remainder continues in effect.

20.3 Waiver:

No waiver unless in writing and signed by Emergent Skills.

20.4 Assignment:

You may not assign rights; we may assign freely.

20.5 Force Majeure:

No liability for events beyond reasonable control.

20.6 Governing Law:

Governed by laws of [State] without conflict principles.

20.7 Survival:

Provisions regarding liability, indemnification, and disputes survive termination.

21. SPECIAL PROVISIONS FOR SPECIFIC JURISDICTIONS

21.1 California Residents:

Additional rights under California Consumer Privacy Act (CCPA) - see Privacy Policy.

21.2 European Users:

If accessible in EU, additional GDPR rights apply - see Privacy Policy.

21.3 State-Specific Mental Health Laws:

Some states have specific requirements for mental health apps. Consult local regulations.

22. CONTACT INFORMATION

Emergent Skills Support:

For Legal Notices:

23. USER AGREEMENT ACKNOWLEDGMENT

By clicking "I Accept" or using the Application, you acknowledge that:

✓ You have read and understood these Terms ✓ You are at least 18 years old ✓ You understand this is NOT therapy or medical treatment ✓ You will seek professional help for health concerns ✓ You agree to binding arbitration ✓ You waive class action rights ✓ You assume all risks of using self-help tools ✓ You will not use the Application in emergencies

FINAL IMPORTANT NOTICE

Remember: Emergent Skills is an educational and self-improvement tool, not a replacement for professional healthcare. Your wellbeing is important - please seek appropriate professional help when needed.

Thank you for choosing Emergent Skills for your personal development journey.

 

Last Updated: [Date] Version: [Version Number]

Implementation Recommendations:

  1. Legal Review Priority Areas:
    • State-specific mental health app regulations
    • FTC compliance for health claims
    • Data privacy laws (CCPA, GDPR if applicable)
    • Professional practice acts in target states
    • Insurance and liability coverage adequacy
  2. Technical Implementation:
    • Require explicit checkbox for age verification
    • Implement clear consent flow with key points highlighted
    • Create version tracking system for Terms updates
    • Build notification system for Terms changes
    • Add analytics to track Terms acceptance
  3. Additional Documents Needed:
    • Detailed Privacy Policy
    • Cookie Policy (if applicable)
    • Community Guidelines (if user interaction exists)
    • AI Ethics Statement
    • Accessibility Statement
  4. Ongoing Compliance:
    • Regular legal review (quarterly/annually)
    • Monitor regulatory changes
    • User complaint tracking
    • Incident response procedures
    • Regular security audits

Critical: Have this entire document reviewed by an attorney specializing in healthcare technology and digital health applications before implementation. The regulatory landscape for AI-powered health-adjacent applications is complex and rapidly evolving.

Would you like me to expand on any particular section or create additional supporting documents like the Privacy Policy or Community Guidelines?