inTruth Technologies Terms & Conditions

1. About Us

These Terms & Conditions ("Terms") govern your access to and use of the inTruth applications, website, wearable integrations, APIs, dashboards, beta/research programs, and related services (collectively, the "Services").

The Services are provided by Love Out Loud, PBC, a Delaware Public Benefit Corporation, 1616 16th Street, Suite 350, San Francisco, CA 94103, USA ("Company," "we," "us," or "our"). Our wholly owned subsidiary, inTruth Technologies Pty Ltd (ABN 65 664 191 164), Level 3, 31 Queen Street, Melbourne VIC 3000, Australia, supports operations including data processing and research activities.

By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Definitions

• App: the inTruth mobile/desktop applications.
• Wearables: third-party hardware (e.g., Garmin, Biostrap) that provide sensor data.
• Insights: non-medical emotional/wellness information, analytics, scores, or visualizations generated by the Services.
• Personal Data: information relating to an identified or identifiable individual.
• Biometric Data: physiological or behavioral signals used to infer or identify emotional or physiological states.
• De-Identified Data: data that cannot reasonably identify an individual.
• Aggregated Data: De-Identified Data combined with other data for statistics, research, or product improvement.
• Feedback: suggestions, ideas, or comments you provide.
• Assessment Data: information you provide directly through surveys, questionnaires, reflections, or other self-reported inputs, which may include subjective emotional states, experiences, or feedback. Assessment Data is treated as Personal Data and may be combined with Biometric Data or other information to generate Insights.

3. Access and Use

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for personal wellness and research purposes.

You represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms.

You must not, and must not permit others to:

• Copy, modify, or create derivative works of the Services;
• Reverse engineer, decompile, or disassemble source code, algorithms, or models;
• Sell, rent, sublicense, or distribute the Services or Insights;
• Introduce malicious code or attempt unauthorized system access;
• Use automated tools (bots, scrapers, crawlers) without permission;
• Use the Services for unlawful or harmful purposes.

We may modify, update, suspend, or discontinue the Services at any time without liability.

4. End-User Responsibilities

You are responsible for:

• Ensuring compliance with all applicable laws and regulations;
• Securing your own devices, wearables, and connectivity;
• Maintaining the confidentiality of your login credentials;
• Providing accurate and up-to-date account information;
• Not relying on the Services for medical, emergency, or safety-critical purposes.

5. Beta, Early Access & Research Programs

Certain features may be experimental, inaccurate, or incomplete. Participation may require additional consent forms. You may withdraw at any time.

6. Health & Safety Disclaimer (Non-Medical)

• The Services provide wellness and research-oriented emotional insights only.
• The App and Services are not medical devices and do not provide medical advice, diagnosis, or treatment.
• The information, data, and emotional insights are intended for general wellness, reflection, and self-awareness purposes only.
• The Services are not designed to diagnose, cure, mitigate, monitor, treat, or prevent any disease, disorder, or condition.
• The Services are not cleared or approved by the U.S. Food and Drug Administration (FDA), the Australian Therapeutic Goods Administration (TGA), or any other regulatory authority.
• You should always seek the advice of a qualified healthcare professional with any questions about your health and never disregard professional advice because of information from the Services.

7. Third-Party Devices & Services

The Services may integrate with Wearables and third-party platforms. We do not control and are not responsible for their data accuracy, availability, or privacy practices.

8. Data; Privacy; Cross-Border Transfers

Your use of the Services involves processing of Personal Data and Biometric Data. By using the Services, you consent to this processing in accordance with our Privacy Policy.

Key points:

• Data may include heart rate, movement, wearable outputs, and derived Insights.
• Data is encrypted in transit and at rest.
• Data may be processed in the U.S., Australia, EU, or other jurisdictions.
• Depending on your location, you may have rights under GDPR, CPRA, HIPAA, or the Australian Privacy Act.
• We may create De-Identified and Aggregated Data, including from Assessment Data, for analytics, research, model training, and product improvement.

9. Payments, Trials & Subscriptions

If subscriptions or paid features are offered:

• Pricing, billing cycles, free trials, renewal terms, and cancellation rights will be disclosed at purchase.
• Subscriptions may auto-renew unless canceled before renewal.
• Refunds follow App Store (Apple, Google) policies and local consumer protection laws.
• We reserve the right to change subscription fees with required notice.

10. Intellectual Property & Feedback

All rights, title, and interest in the Services (including software, models, and algorithms) remain with us and our licensors.

By submitting Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use it without restriction.

11. Open-Source Components

Some components may be licensed under open-source terms. Those terms apply where required and override these Terms solely for those components.

12. App Stores & Platform Terms

If you download the App via Apple App Store or Google Play, you must also comply with their terms. Apple and Google are third-party beneficiaries of these Terms.

13. Communications & E-Signatures

You consent to receive communications electronically. Electronic agreements and signatures have the same legal effect as originals.

14. Changes to Services or Terms

We may update the Services and these Terms. Material changes will be notified via the Services or email. Continued use after changes means acceptance.

15. Warranty Disclaimer

The Services are provided "as is" and "as available." We disclaim all warranties (express, implied, statutory), including merchantability, fitness for purpose, and non-infringement, to the maximum extent permitted by law.

16. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, consequential, or special damages (including lost profits, data loss, or emotional distress).
• Our total liability shall not exceed the greater of USD $100 or the total amounts you paid us for the Services in the twelve (12) months preceding the event.
• Nothing excludes liability for death, personal injury, fraud, or liability that cannot be excluded by law.

17. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, and personnel against claims or expenses arising out of your misuse of the Services, breach of these Terms, or infringement of third-party rights.

17A. Limitations on Use of Emotional Insights

The emotional insights, scores, visualizations, or related outputs generated by the Services ("Insights") are provided solely for personal wellness, self-reflection, and awareness. They are not medical devices, clinical tools, or legal instruments.

You expressly agree that you will not use, attempt to use, or permit others to use the Services or Insights:

• Legal/Regulatory Proceedings – as evidence or proof in any legal, judicial, administrative, arbitration, insurance, employment, family law, or governmental proceeding, or in connection with any claim, dispute, or investigation.
• Medical/Clinical Contexts – for any diagnostic, therapeutic, medical, or clinical purpose, unless expressly authorized in writing by the Company and permitted under applicable law.
• Decisions Affecting Others – to make decisions affecting the rights, obligations, employment, safety, health, education, insurance, or wellbeing of any other person.
• Commercial Use – for commercial purposes, resale, redistribution, or integration into other products or services without our prior written consent.
• Compulsive/Excessive Use – in a manner that encourages compulsive checking, dependency, or that may reasonably be expected to cause emotional distress or harm.
• Unauthorized or Novel Uses – for any purpose beyond those expressly permitted by this Agreement, including attempts to interpret Insights as measures of truthfulness, intent, behavior, or predictive outcomes.

You acknowledge and agree that:

• No Guarantee of Accuracy or Suitability – Insights may be incomplete, inaccurate, or misinterpreted, and are not designed to predict, validate, or determine any outcome in personal, medical, legal, or financial matters.
• Prohibited Reliance – reliance on Insights for consequential decisions (including medical, legal, financial, or safety-critical decisions) is expressly prohibited.
• Disclaimer of Liability – the Company disclaims, to the fullest extent permitted by law, any liability for harms, losses, damages, or consequences arising from misuse, reliance, overuse, or unauthorized application of Insights.
• Emerging Technology – as emotion biotechnology is an emerging and evolving field, the Company shall not be liable for any unforeseen or unintended consequences of novel or unauthorized uses of the Services or Insights.

18. Suspension & Termination

We may suspend or terminate access if you breach these Terms, create security risks, or as required by law. Upon termination, your license ends and you must stop using the Services.

19. Export Controls & Sanctions

You must comply with all applicable export control, sanctions, and trade laws.

20. U.S. Government Restricted Rights

The Services are "commercial computer software" and U.S. Government use is subject to restrictions under applicable federal acquisition regulations.

21. Force Majeure

We are not liable for delays or failures caused by events beyond our control, including acts of God, natural disasters, epidemics, pandemics, labor disputes, outages, cyberattacks, or governmental actions.

22. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules.

Except where prohibited by law:

• Disputes shall be resolved by binding arbitration in Delaware under the American Arbitration Association Commercial Rules, on an individual basis (no class actions).
• Nothing prevents you from raising issues with regulators or small claims court.
• Mandatory consumer protections (e.g., EU, UK, Australia) remain unaffected.

23. Relationship to Other Agreements

If you or your organization has a signed Order Form, Business Associate Agreement, or Master Services Agreement, those documents govern in the event of conflict.

24. General Provisions

• These Terms are the entire agreement between you and us.
• Assignment: you may not assign without our consent. We may assign to affiliates or in a merger/acquisition.
• Severability: if any provision is unenforceable, the rest remain valid.
• Waiver: failure to enforce is not a waiver.

25. Contact Us

Love Out Loud, PBC
1616 16th Street, Suite 350
San Francisco, CA 94103 USA
Email: support@intruth.io