1. About these Terms
These Terms form a legally binding agreement between you and SYNPHORIAAI sp. z o.o. (ul. Migowska 54D/4, 80-287 Gdansk, Poland; KRS 0001167839; NIP 9571187114; REGON 541473225). By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Service. The Privacy Policy, Cookie Policy, Safeguarding Policy, and Data Safety & Security Statement are incorporated by reference.
2. Definitions
- Account: your registered user account for the Service.
- User Content: content you submit (messages, prompts, files, and other input).
- AI Output: content generated by the Service in response to User Content.
- Emotional State Monitoring: automated analysis of User Content to infer emotional tone or wellbeing signals for personalization and safety.
- Safeguarding Event: credible risk of serious harm to you or another person.
- Subscription: a paid plan with specific feature or usage entitlements.
3. Eligibility, Accounts, and Authority
- Minimum age: the Service is intended for users aged 16 or older.
- If you are 16-18 (or under local legal majority), parental or guardian involvement is required.
- You must provide accurate account information and keep it up to date.
- You are responsible for account activity and credential security.
- Report suspected unauthorized account access to contact@synphoria.app.
- If you use the Service for an organisation, you represent authority to bind that organisation.
4. The Service and its Limitations
- Synphoria provides a non-clinical AI emotional support companion.
- The Service does not provide medical, psychological, legal, or financial advice.
- Do not use the Service for emergencies; contact local emergency services (for example, 112/911).
- AI Output may be inaccurate, incomplete, or inappropriate and should be verified before action.
- Service availability and features may change, be suspended, or discontinued.
- Beta features are provided as is and may change or be removed at any time.
5. Safety, Safeguarding and Emotional State Monitoring
To deliver emotional support functionality, the Service may analyse messages for emotional patterns and risk indicators. In higher-risk situations, internal safeguarding alerts and limited exceptional human review may occur to verify risk and decide protective action.
- Risk assessment may consider a short recent context window (for example, last five messages).
- Users may be prompted to provide contact details (own or trusted person) for welfare outreach.
- Decryption-capable actions are restricted, reason-recorded, role-controlled, audited, and limited to minimum necessary scope and duration.
- If imminent serious harm is reasonably believed, we may contact emergency services and share minimum necessary information.
6. Your Content and AI Output
- You retain intellectual property rights in your User Content.
- You grant Synphoria a non-exclusive, worldwide, royalty-free license to host, store, process, and display User Content to operate, secure, maintain, and improve the Service and enforce Terms.
- AI Output may be similar for different users; uniqueness and non-infringement are not guaranteed.
- Unlawful or violating content may be removed or access-restricted.
- Feedback may be used by Synphoria without restriction or compensation.
7. Acceptable Use
- Do not use the Service for illegal, harmful, abusive, or exploitative conduct.
- Do not harass, threaten, or harm others, including minors and vulnerable individuals.
- Do not submit content that infringes intellectual property, privacy, or other rights.
- Do not reverse engineer or extract source code, prompts, models, or system components except where mandatory law allows.
- Do not disrupt the Service, bypass controls, scrape at scale, or introduce malware.
- Do not use the Service for high-risk activities where errors could cause death, serious injury, or major property damage.
- Do not use the Service or outputs to build or train competing services without prior written permission.
8. Subscriptions, Billing, Cancellations and Refunds
- Paid plans, pricing, billing periods, and features are described at purchase.
- Unless stated otherwise, subscriptions auto-renew until canceled before renewal.
- Price or feature changes may occur with reasonable notice.
- Payments are typically handled by third-party providers; full card numbers are not stored by Synphoria.
- Taxes may apply depending on location and legal rules.
- Fees are non-refundable except where required by law or expressly stated.
- EEA/UK users may have statutory withdrawal rights, subject to digital-service exceptions allowed by law.
9. Intellectual Property
The Service, including software, design, trademarks, and proprietary systems, is owned by Synphoria or its licensors and protected by applicable law. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Service.
10. Third-Party Services
The Service may integrate third-party providers (for example, payments, hosting, communications, analytics, and AI model services). These services are governed by their own terms and policies.
11. Incorporated Policies
The Privacy Policy, Cookie Policy, Safeguarding Policy, and Data Safety & Security Statement are incorporated by reference and explain data handling, cookies, safeguarding operations, and security controls.
12. Suspension and Termination
Synphoria may suspend or terminate access where Terms are violated, safeguarding or security action is needed, legal obligations require it, or to protect users and the Service. Users may stop using the Service and close accounts at any time. Certain provisions survive termination.
13. Disclaimers
The Service and AI Output are provided on an as is and as available basis. To the maximum extent permitted by law, Synphoria disclaims express and implied warranties, including merchantability, fitness for purpose, non-infringement, uninterrupted availability, and error-free operation.
14. Limitation of Liability
- To the maximum extent permitted by law, Synphoria is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data.
- To the maximum extent permitted by law, total liability for all claims will not exceed the greater of EUR 100 or amounts paid by you for the Service in the prior 12 months.
- Nothing limits liability where exclusion is prohibited by mandatory law.
15. Indemnity
If you use the Service for business purposes, you agree to indemnify and hold Synphoria harmless from claims, damages, liabilities, and expenses arising from your content, your use of the Service, or breach of these Terms.
16. Governing Law and Dispute Resolution
These Terms are governed by Polish law, subject to mandatory consumer protections. Unless mandatory law provides otherwise, courts of Poland have jurisdiction. Before filing a claim, contact contact@synphoria.app for informal resolution.
17. General Provisions
- Severability: unenforceable provisions do not invalidate the remainder.
- No waiver: failure to enforce a provision is not a waiver.
- Assignment: users may not assign Terms without consent; Synphoria may assign in merger/acquisition/asset sale contexts.
- Force majeure: Synphoria is not liable for delays beyond reasonable control.
- Language: English version controls to the extent permitted by law.
18. Changes to these Terms
We may update these Terms. If changes are material, notice will be provided in the Service or by email. Continued use after effective date constitutes acceptance of updated Terms.
19. Contact
General contact: contact@synphoria.app. Security and safeguarding (priority): security@synphoria.app. Postal address: SYNPHORIAAI sp. z o.o., ul. Migowska 54D/4, 80-287 Gdansk, Poland.
Contact: contact@synphoria.app | security@synphoria.app