Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Morpheus Agency, a French simplified joint-stock company (Societe par actions simplifiee, "SAS") ("Company," "we," "us," or "our"), regarding your use of the Ayda AI coaching service ("Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

We may update these Terms from time to time. We will notify you of material changes by sending a message through the Service or by email. Your continued use of the Service after such notification constitutes acceptance of the updated Terms.

2. Service Description

2.1 What Ayda Is

Ayda is an artificial intelligence-powered wellness coaching service delivered through WhatsApp. The Service provides:

• Conversational support for managing everyday anxiety
• Evidence-based relaxation and coping techniques (breathing exercises, grounding techniques, cognitive reframing)
• Daily check-ins at times you select
• A memory system that allows Ayda to remember your context and preferences
• 24/7 availability via WhatsApp messaging

Ayda is powered by artificial intelligence (Claude, developed by Anthropic, hosted on AWS Bedrock). All conversations are generated by AI, not human coaches.

2.2 What Ayda Is NOT

2.3 Crisis Situations

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Have a valid WhatsApp account
• Reside in a jurisdiction where use of the Service is permitted
• Not be prohibited from using the Service under applicable law

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. Account and Registration

4.1 Creating an Account

To use the Service, you must provide your WhatsApp phone number and may be asked to provide additional information during onboarding. You agree to provide accurate, current, and complete information.

4.2 Account Security

You are responsible for maintaining the security of your WhatsApp account. You agree to notify us immediately if you suspect unauthorized access to your conversations with Ayda.

4.3 One Account Per Person

Each account is for a single individual. You may not share your account or allow others to use the Service through your account.

5. Subscription and Payment Terms

5.1 Pricing

The Service is offered on a subscription basis with the following plans:

Prices are in United States Dollars (USD) and do not include applicable taxes, which may be added based on your location.

5.2 Free Onboarding Period

New users may access the Service during an initial onboarding period before payment is required. During onboarding, you can explore Ayda's approach and receive initial coaching support.

5.3 Payment Processing

Payments are processed through Stripe, Inc. ("Stripe"). By subscribing, you agree to Stripe's terms of service. We do not store your full credit card information on our servers.

5.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for each renewal period.

5.5 Cancellation

You may cancel your subscription at any time by:

• Messaging "CANCEL" to Ayda on WhatsApp
• Emailing contact@morpheus.agency with your cancellation request
• Using the cancellation link provided in your subscription confirmation

Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date. We do not provide partial refunds for unused portions of a billing period.

5.6 Refund Policy

Due to the digital nature of the Service, refunds are generally not provided once a billing period has begun. However, if you experience technical issues that prevent you from using the Service, please contact us at contact@morpheus.agency, and we will review your request on a case-by-case basis.

5.7 Price Changes

We reserve the right to change our prices. Any price changes will be communicated to you at least 14 days before taking effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. User Conduct and Responsibilities

6.1 Acceptable Use

You agree to use the Service only for its intended purpose of personal wellness coaching. You agree NOT to:

• Use the Service for any illegal purpose
• Attempt to manipulate, deceive, or "jailbreak" the AI
• Use the Service to generate harmful, abusive, or inappropriate content
• Impersonate another person or entity
• Interfere with or disrupt the Service
• Attempt to extract or reverse-engineer the AI system
• Use the Service for commercial purposes without authorization
• Share, resell, or redistribute access to the Service

6.2 Accuracy of Information

While you are not required to share personal information, any information you provide should be truthful. Providing false information may affect the quality of coaching you receive.

6.3 Feedback and Reporting

You agree to report any concerning AI behavior, including responses that seem harmful, inappropriate, or inaccurate, by messaging "FEEDBACK" to Ayda or emailing contact@morpheus.agency.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including but not limited to the Ayda name, branding, coaching methodologies, prompts, and underlying technology, is owned by Morpheus Agency and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on any part of the Service without our written permission.

7.2 Your Content

You retain ownership of the content you provide to Ayda (your messages and information). By using the Service, you grant us a limited, non-exclusive license to use, store, and process your content for the purpose of providing and improving the Service.

7.3 AI-Generated Content

Responses generated by Ayda are provided for your personal use only. You may not reproduce, distribute, or commercialize AI-generated content without our permission.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We collect your phone number, conversation history, and usage data
• Conversations may contain sensitive information about your mental and emotional state
• We use this information to provide and improve the Service
• We do not sell your data
• You can request deletion of your data at any time

For users in California: Please see Section 14 regarding your rights under the California Consumer Privacy Act (CCPA/CPRA).

9. Disclaimers

9.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Results

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING THE SERVICE. Individual experiences vary, and the effectiveness of wellness techniques depends on many factors outside our control.

9.3 AI Limitations

Ayda is an AI system with inherent limitations:

• Responses may occasionally be inaccurate, incomplete, or inappropriate
• The AI may not fully understand complex or nuanced situations
• Technical issues may interrupt service availability
• The AI does not have medical training and cannot provide medical advice

9.4 Third-Party Services

The Service relies on third-party services (WhatsApp, Stripe, cloud infrastructure). We are not responsible for the availability, reliability, or actions of these third parties.

9.5 No Professional Relationship

Use of the Service does not create a therapist-patient, doctor-patient, or any other professional relationship between you and Morpheus Agency.

10. Limitation of Liability

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MORPHEUS AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages arising from your reliance on information provided by the Service
• Any damages arising from interruption, suspension, or termination of the Service
• Any damages exceeding the total amount you paid us in the twelve (12) months preceding the claim

10.2 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Morpheus Agency and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content you provide through the Service

12. Termination

12.1 Termination by You

You may stop using the Service and cancel your subscription at any time as described in Section 5.5.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• You engage in conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties
• We are required to do so by law
• We discontinue the Service

12.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and data in accordance with our Privacy Policy
• Provisions of these Terms that by their nature should survive termination shall survive (including Sections 7, 9, 10, 11, and 13)

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to contact us at contact@morpheus.agency and attempt to resolve the dispute informally for at least 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions, except where mandatory consumer protection laws of your jurisdiction require otherwise.

13.3 Jurisdiction

For users in the United States: Subject to Section 13.4, any disputes arising from these Terms or the Service shall be resolved in the courts of Paris, France, or, where required by applicable consumer protection law, in your state of residence.

For users in the European Union: You may bring claims in the courts of your country of residence.

13.4 Arbitration Agreement (United States Users)

13.5 Class Action Waiver

YOU AND MORPHEUS AGENCY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found unenforceable, then the entirety of this arbitration agreement shall be null and void.

13.6 Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending written notice to contact@morpheus.agency within 30 days of first accepting these Terms. Your notice must include your name, address, phone number, and a clear statement that you wish to opt out.

14. Additional Terms for California Residents

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA):

• Right to Know: You can request information about the personal information we collect, use, and disclose.
• Right to Delete: You can request deletion of your personal information.
• Right to Correct: You can request correction of inaccurate personal information.
• Right to Opt-Out: You can opt out of the "sale" or "sharing" of your personal information. We do not sell or share your personal information.
• Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

Your conversations with Ayda may contain "sensitive personal information" under CPRA (information about mental or physical health). We use this information only to provide the Service.

To exercise your rights, message "DELETE MY DATA" to Ayda or email contact@morpheus.agency.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Morpheus Agency regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

15.6 Language

These Terms are written in English. Any translation is provided for convenience only. In the event of a conflict, the English version shall prevail.

16. Contact Information

If you have questions about these Terms, please contact us:

Morpheus Agency SAS
Email: contact@morpheus.agency

For data privacy requests, you may also message "PRIVACY" to Ayda on WhatsApp.

17. Acknowledgment