My Homa, LLC Master Terms and Conditions of Use

1. DEFINITIONS

• Service: The AI-based conversational wellness platform operated by My Homa, LLC, offered for general well-being, mindfulness, self-reflection, and entertainment purposes.
• Consumer Health Data (CHD): Personal data related to a user's physical, mental, or emotional health or wellness, as governed by laws such as the Washington My Health My Data Act (MHMD), Nevada SB 370, Connecticut SB 3, and related legislation.
• Sensitive Data: Categories of data regulated under laws such as the General Data Protection Regulation (GDPR), including but not limited to mental health information, biometric data, precise geolocation, and user-generated wellness content.
• Released Parties: My Homa, LLC and all of its past, present, and future affiliates, subsidiaries, members, owners, officers, directors, licensors, contractors, employees, service providers, and representatives.
• AI Output: Any content, response, or suggestion generated by the AI models embedded in the My Homa, LLC platform.
• Free Tier: Access to basic services at no charge, potentially subject to limited functionality.
• Subscription Tier: Access to premium features, subject to payment and additional terms as outlined in Section 6.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By using the Service, you affirm that you meet this requirement. We do not knowingly collect or process personal data from individuals under the age of 18.

2.2 Account Creation: You are required to create an account to access most features. You agree to provide accurate and complete information, keep your password secure, and notify us of any unauthorized access.

2.3 User Responsibility: You are solely responsible for all activities under your account. Sharing your credentials or allowing others to use your account is strictly prohibited.

3. NATURE OF THE SERVICE – NO MEDICAL OR PROFESSIONAL ADVICE

3.1 The My Homa, LLC platform is not a medical device, therapeutic tool, or substitute for professional healthcare.

3.2 The Service does not:

• Diagnose, treat, or prevent any physical or mental health condition;
• Provide advice from a licensed physician, psychologist, psychiatrist, counselor, or therapist;
• Guarantee any therapeutic benefit, mental health improvement, or personal transformation.

3.3 Any reliance on AI Output is at your sole risk. You must consult licensed professionals for advice related to health or medical needs.

3.4 We expressly disclaim the formation of any therapist–client, doctor–patient, or similar professional relationship.

4. CRISIS SAFETY WARNING

4.1 The My Homa, LLC platform is not appropriate for use in crisis or emergency situations.

4.2 If you are in immediate danger, feel suicidal, or are experiencing a mental health emergency:

• Call 911 (in the U.S.) or your local emergency services;
• Contact the 988 Suicide & Crisis Lifeline (U.S.): Call or text 988, or visit 988lifeline.org;
• Use international crisis resources via findahelpline.com.

4.3 The Service cannot:

• Detect, assess, or respond to real-time risk of harm;
• Contact emergency responders or provide live human monitoring;
• Escalate mentions of self-harm or violence to third parties.

4.4 You acknowledge that use of the Service during a crisis is inappropriate and releases the Company from liability for outcomes related to such use.

5. ACCEPTABLE USE POLICY

You agree not to:

• Use the Service to impersonate a healthcare provider or deliver unlicensed advice;
• Attempt to reverse-engineer, decompile, scrape, or interfere with the platform;
• Use the Service in jurisdictions where AI wellness tools are regulated or banned;
• Violate any law, regulation, or rights of third parties through use of the Service.

6. SUBSCRIPTION, BILLING, AND AUTO-RENEWAL TERMS

6.1 Subscription Tiers: My Homa, LLC may offer multiple subscription tiers, including trial periods, discounted promotional rates, and recurring billing.

6.2 Disclosure Requirements: We will disclose all material subscription terms, including:

• Price and billing frequency
• Start and end of trial periods
• Auto-renewal conditions
• Instructions for cancellation

6.3 Consent to Auto-Renewal: By enrolling, you affirmatively consent to automatic billing on a recurring basis until cancelled. You may cancel anytime via your account settings.

6.4 Refunds: Refunds are handled via the original payment platform (e.g., Apple App Store, Google Play, Stripe) and subject to their respective refund policies.

6.5 Notices: We provide advance notice of any price changes, annual billing events, and renewal reminders in compliance with the California Automatic Renewal Law (ARL) and FTC guidance.

7. DATA PRIVACY, COLLECTION, AND RIGHTS

7.1 What We Collect:

• Account and profile information (name, email, password)
• Usage logs, session metadata, and device/browser data
• Subscription and transaction data
• AI conversation transcripts
• Consumer Health Data (only with consent)

7.2 Use of Data:

• Provide, maintain, and improve the Service
• Personalize your user experience
• Develop non-identifiable metrics and analytics
• Meet legal obligations and enforce our Terms

7.3 Consumer Health Data (CHD): If you share mental/emotional health details, it may be classified as CHD. We:

• Obtain opt-in consent before collecting/processing CHD
• Allow withdrawal of consent anytime
• Comply with WA, NV, CT laws on CHD rights, geofencing, and data processors

7.4 GDPR Users: We adhere to principles of transparency, purpose limitation, minimization, and lawful basis for EU/EEA users. Transfers outside the EU use SCCs or equivalent mechanisms.

7.5 Your Rights: Depending on jurisdiction, you may:

• Access, correct, delete, port, or restrict processing
• Withdraw consent
• Object to automated processing
• Appeal denied data requests

To exercise rights, contact [email protected]

8. AI TRANSPARENCY STATEMENT

8.1 The My Homa, LLC platform utilizes artificial intelligence models to generate responses based on user input. These outputs:

• Are probabilistic and may contain factual inaccuracies
• Should not be relied upon for clinical, legal, or professional decision-making
• Are not reviewed or supervised by licensed professionals

8.2 Model training may include de-identified interaction data unless you opt out via settings.

8.3 By using the Service, you understand the nature and limits of AI output.

9. INTELLECTUAL PROPERTY

9.1 All platform content, trademarks, code, and proprietary assets are owned by My Homa, LLC or its licensors.

9.2 Users are granted a limited, non-exclusive, revocable, non-transferable license for personal use only.

9.3 Reproduction, modification, resale, scraping, or redistribution of content is prohibited without express written consent.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law:

• My Homa, LLC shall not be liable for any indirect, incidental, special, consequential, or exemplary damages;
• Total liability shall not exceed $100 or the total amount paid in the last 12 months, whichever is greater;
• We do not exclude liability for gross negligence or willful misconduct where prohibited.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless My Homa, LLC and the Released Parties against all claims, liabilities, and costs arising from:

• Your violation of this Agreement
• Your use or misuse of the Service
• Your infringement of any third-party rights

12. DISPUTE RESOLUTION & JURISDICTION

12.1 Binding Arbitration: All disputes shall be resolved exclusively via binding arbitration through the American Arbitration Association (AAA), seated in Palm Beach County, Florida, USA.

12.2 Class Action Waiver: You waive any right to bring or join any class, collective, or representative action.

12.3 Opt-Out: You may opt out of arbitration by sending a notice to [email protected] within 30 days of account creation.

12.4 Governing Law and Forum: This Agreement is governed by the laws of the State of Florida. You agree that all claims and legal actions arising under or relating to this Agreement shall be brought exclusively in the courts or arbitration venues located in Palm Beach County, Florida, and you consent to the jurisdiction of those courts and venues for such purposes.

12.5 Legal Notices: All legal notices must be mailed to the Company’s principal place of business in Palm Beach County, Florida.

13. CHANGES TO TERMS

We reserve the right to update this Agreement. We will notify you of material changes via email or in-app. Continued use of the Service constitutes acceptance of the modified Terms.

14. SMS COMMUNICATIONS

14.1 User Consent and Opt-Out By providing your mobile number, you consent to receive SMS messages from My Homa, LLC related to your use of the Service, including service updates, reminders, and promotional offers (if applicable). Users may opt out at any time by replying “STOP” to any message.

14.2 Message Frequency Message frequency may vary depending on your activity, preferences, and level of engagement with the Service.

14.3 Charges and Data Rates Message and data rates may apply depending on your mobile carrier and service plan. You are responsible for any fees incurred from your mobile provider.

14.4 Data Privacy and SMS Opt-In Data We value your privacy. We do not share mobile opt-in data with third parties for marketing

or any other purpose. Your information is used solely to deliver relevant communications as part of the Service.

15. CONTACT US

My Homa, LLC - [email protected] - [email protected] - [email protected]