Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you and Dr. Kadir Sümerkent (“Claria”, “we”, “us”, or “our”), One World Trade Center, 85th Floor, Lower Manhattan, New York 10007, United States. They govern your access to and use of the getclaria.app website and the Claria application and related services (together, the “Service”). Please read them carefully.
By creating an account, applying for access, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Section 21 contains a binding arbitration agreement and a class-action waiver that affect how disputes are resolved if you are in the United States. Please read it carefully.
The short version
- Claria is a personal coaching and wellbeing tool. It is not therapy, medical care, or a crisis service.
- Claria’s suggestions are generated automatically and can be wrong. You remain responsible for your own decisions and actions.
- If you are in crisis, contact emergency services immediately. Claria is not for emergencies.
- Paid subscriptions renew automatically, and you can cancel through your App Store account.
- Please use the Service lawfully and respectfully.
- We may change or discontinue the Service, and we may update these Terms.
- In the United States, disputes are resolved by individual arbitration unless you opt out.
1. Eligibility and age
You must be at least 18 years old, or the age of majority in your jurisdiction if that is higher, to use the Service. By using the Service, you represent that you meet this requirement and that you are able to enter into a binding contract. If you use the Service on behalf of an organisation, you represent that you are authorised to accept these Terms for it.
2. Important: what Claria is and is not
Claria is a personal coaching and wellbeing tool. It is not therapy, counselling, medical or psychological advice, diagnosis, or treatment, and it is not a substitute for care from a qualified professional. Using the Service does not create a therapist, clinician, or doctor-patient relationship. Claria does not diagnose, treat, cure, or prevent any condition.
The responses Claria provides are generated automatically by artificial intelligence. They can be inaccurate, incomplete, or inappropriate for your situation, and you should use your own judgement and seek qualified professional advice where appropriate. You remain solely responsible for your decisions and actions.
Claria is not for emergencies. It does not provide emergency, crisis, or suicide-prevention services, and it does not monitor your activity for emergencies. If you are in crisis, or if you may be a danger to yourself or others, contact your local emergency services immediately. In the United States, you can call or text 988 to reach the Suicide and Crisis Lifeline, or call 911. Elsewhere, contact your local emergency number or crisis line.
3. Your account
If you create an account, you agree to provide accurate information, to keep it up to date, and to keep your credentials secure. You are responsible for activity that occurs under your account. Please notify us promptly at hello@getclaria.app if you believe your account has been compromised.
4. Invitations and founding access
Claria is offered on an invitation basis. We may grant, limit, decline, or revoke access at our discretion, for example to manage capacity or to maintain quality. Where we offer founding pricing or similar benefits, the specific terms are described at the point of offer.
5. Licence to use Claria
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to download and use the Service for your own personal, non-commercial use, and, for the application, to install and use it on an Apple-branded device that you own or control as permitted by the App Store Usage Rules. You agree not to: copy, modify, or create derivative works of the Service except as the law expressly permits; reverse engineer, decompile, or disassemble it except to the extent that restriction is prohibited by law; rent, lease, sell, sublicense, or otherwise transfer it; remove proprietary notices; or access it to build a competing product, or scrape or harvest data from it.
6. Subscriptions, trials, billing, and cancellation
- Paid features. Some features require a paid subscription. Pricing, billing intervals, and trial terms are described at the point of purchase. Where founding pricing is offered, it remains locked for as long as your subscription stays continuously active.
- Trials. If we offer a free or introductory trial and you do not cancel before it ends, it will convert to a paid subscription at the then-current price.
- Automatic renewal. Subscriptions renew automatically for the same period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription in your App Store account settings.
- Billing through Apple. Purchases made through the Apple App Store are charged to your Apple Account and are governed by Apple’s applicable terms. We do not process those payments and do not receive your full payment-card details.
- Refunds. Refunds for App Store purchases are handled by Apple in accordance with its policies. Except where required by law, payments are non-refundable.
- Price changes. We may change prices. We will give notice where required, and changes will not affect the period you have already paid for. Your statutory rights are not affected.
7. Apple App Store: additional terms
The following additional terms apply if you obtain the application from the Apple App Store:
- These Terms are between you and Claria only, and not with Apple. Claria, not Apple, is solely responsible for the application and its content.
- Your licence to use the application is limited to a non-transferable licence to use it on an Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support for the application.
- To the maximum extent permitted by law, Apple has no warranty obligation with respect to the application. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing any claims by you or a third party relating to the application, including product-liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims under consumer-protection or similar laws. Claria, not Apple, is responsible for those claims.
- In the event of a third-party claim that the application or your use of it infringes that party’s intellectual-property rights, Claria, not Apple, is responsible for the investigation, defence, settlement, and discharge of such claim to the extent required by these Terms.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the application.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
8. Your content and how artificial intelligence processes it
“User Content” means the information you input into the Service, such as your check-ins, reflections, and the messages you ask Claria to review. You retain ownership of your User Content. You grant us a limited, worldwide, royalty-free licence to host, store, process, and transmit your User Content solely to operate and provide the Service to you, including transmitting the necessary parts of it securely to our artificial-intelligence model providers to generate your responses, as described in our Privacy Policy.
We do not use your private User Content to train artificial-intelligence models without your explicit consent. You are responsible for your User Content, you represent that you have the rights necessary to submit it, and you agree not to submit other people’s confidential or sensitive personal information unlawfully. Responses are generated automatically; we do not guarantee their accuracy, and you decide how to use them.
9. Acceptable use
You agree not to misuse the Service. In particular, you agree not to: use it to break the law or to facilitate unlawful activity; harm, harass, threaten, or impersonate others; upload malicious code or attempt to gain unauthorised access to the Service or its systems; interfere with or disrupt the Service; circumvent usage limits or security measures; or use the Service in any way that could harm Claria, its users, or third parties.
10. Feedback
If you send us ideas, suggestions, or other feedback, you agree that we may use it without restriction or obligation to you.
11. Intellectual property
The Service, including its software, design, text, graphics, and the “Claria” name and logo, is owned by us or our licensors and is protected by intellectual-property laws. Except for the limited licence granted to you in these Terms, no rights are transferred to you. You may not use our trademarks without our prior written permission.
12. Third-party services
The Service may rely on or link to third-party services that we do not control. We are not responsible for their content, practices, or availability, and your use of them may be subject to their own terms.
13. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of your agreement with us.
14. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that its content or any artificial-intelligence output will be accurate or reliable, or that the Service will produce any particular result or outcome. As stated in Section 2, the Service is a wellbeing tool and is not professional, medical, or crisis care. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, Claria and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service. To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the liability, or one hundred United States dollars (USD 100). Nothing in these Terms limits liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for any other liability that the law does not permit to be limited; and if you are a consumer, your mandatory statutory rights are not affected.
16. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Claria from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your misuse of the Service, your User Content, or your breach of these Terms or of any law or third-party right.
17. Term, suspension, and termination
These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, or where we reasonably need to for legal, security, or operational reasons. On termination, the licences granted to you end; provisions that by their nature should survive, including Sections 8, 11, and 14 to 21, will survive.
18. Changes to the Service
We are continually improving the Service and may add, change, or discontinue features at any time. Where a change materially reduces the core functionality you have paid for, your statutory rights, including any right to a refund, are not affected.
19. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after the changes take effect means you accept the updated Terms.
20. Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict-of-laws principles. If you are a consumer, you may also be entitled to the protection of mandatory provisions of the law of your country of residence, which these Terms do not override.
21. Dispute resolution, arbitration, and class-action waiver (United States users)
This Section applies to you if you are a resident of the United States. Please read it carefully, as it affects your legal rights.
- Informal resolution first. Before starting a formal proceeding, please contact us at hello@getclaria.app so we can try to resolve the matter. Most concerns can be resolved this way. If we cannot resolve it within 30 days, either party may proceed to arbitration.
- Binding arbitration. You and Claria agree to resolve disputes through final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration may take place in the county where you live or in New York County, New York, or by videoconference where available.
- Class-action waiver. Disputes will be arbitrated only on an individual basis. You and Claria waive any right to bring or participate in a class, collective, or representative action.
- 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@getclaria.app with your name and a statement that you opt out of arbitration. Opting out will not affect the rest of these Terms.
- Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
If you are not a resident of the United States, this Section does not apply to the extent it conflicts with the mandatory laws of your country of residence, and you may bring proceedings in the courts of your residence where the law so provides.
22. General
These Terms, together with our Privacy Policy and any terms presented at the point of purchase, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. We may provide notices to you by email or within the Service; you may contact us at the address below. Headings are for convenience only.
23. Contact us
Dr. Kadir Sümerkent, One World Trade Center, 85th Floor, Lower Manhattan, New York 10007, United States.
Email: hello@getclaria.app.