These Terms of Service ("Terms") govern your use of Space of Mind (the “Company”), a call and text-based interaction service designed to provide personalized guidance through AI-generated communications. By opting in via text message or using the Service, you (“User,” “you,” or “your”)  agree to these Terms.

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Please note that Space of Mind’s Services are intended for general wellness purposes only and are designed for adults, not children. Space of Mind does not provide professional advice, including medical advice or care.

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Definitions

• "Service": The Space of mind platform, including AI-generated calls, text messages, daily insights, and personalized guidance.
• "User": An individual who opts in by texting JOIN to 18336761096 and receives communications from Space of mind.
• "User Content": Messages, calls, advice, and insights generated by the AI and delivered through the Service.

Registration and Service Access

1. Opt-In Process:
   
   • Text JOIN to 18336761096 to subscribe.
   • By opting in, you:
     
     • Accept these Terms as well as our Privacy Policy and agree to receive recurring automated messages/calls in the mornings (between 8-10am and evenings between 6-8pm).
     • Acknowledge that message/data rates may apply.
     • Consent to the use of your phone number and interaction data to personalize the Service.
2. Confirmation:
   
   • After opting in, you will receive a welcome message confirming enrollment.
   • Your first AI-generated call from "future You" will follow, along with daily insights.
3. Opt-Out:
   
   • Reply STOP to unsubscribe.
   • Cancel and delete your account by texting ERASE. Your account will then be deleted and your data erased.

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Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. 

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User Conduct

You agree to interact with the Service respectfully. Prohibited conduct includes:

• Using offensive, discriminatory, or abusive language.
• Attempting to manipulate or disrupt the AI system or gain unauthorized access to any Company systems or networks.
• Harassing or threatening behavior toward the Service or its operators.
• Infringing upon or violating the intellectual property rights of any party.

Violations may result in service termination at Space of mind’s discretion.

AI Communications and Service Features

• The Service uses AI to simulate guidance from your "future self."
• Charges: You are responsible for carrier fees (calls/texts).
• Personalization: Interaction history may be used to tailor User Content.

Privacy and Data Protection

• Collected Data: Phone number, message content, call transcripts, and interaction patterns.
• Usage: Data is used to deliver the Service, improve AI, and ensure safety in accordance with our Privacy Policy. By using the Service, you consent to such collection and use.
• Sharing:
  
  • Phone numbers are never shared with third parties except service providers (e.g., SMS platforms).
  • Aggregated, anonymized data may be used for analytics.
• SMS and Phone Communications. By providing your phone number, you consent to receive text messages and phone calls from us. Message and data rates may apply. You may opt out at any time.
• User-Provided Content. Any feedback, questions, or other information you submit or communicate via the Service (collectively, “User Content”) may be stored and used to provide and improve the Service.

Third-Party AI Processing

• User Content is processed by providers like OpenAI.
• These providers operate under their own privacy policies and security standards.

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Safety and Well-being Disclaimer

Space of mind is not a substitute for professional medical, mental health, or legal advice. Any guidance or suggestions provided are for informational and motivational purposes only. If you face critical challenges, consult licensed professionals. Discontinue use if interactions cause distress.

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Feedback

By submitting feedback, you grant Space of mind a perpetual, royalty-free license to use and modify it for service improvements.

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Intellectual Property

1. License: The Company grants you a limited, non-exclusive, revocable license to use the Service for personal, non-commercial use.
2. Ownership: All intellectual property rights in the Service and its User Content belong to the Company. You may not copy, distribute, download, or modify any User Content without express permission.
3. User Content License: By submitting User Content, you grant the Company a royalty-free, worldwide license to use and adapt your User Content for Service optimization.

Payment and Fees

• The Service is currently free, but carrier charges may apply.
• Future fees (if introduced) will be communicated in advance. Continued use implies acceptance.

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Indemnification

You agree to indemnify and hold harmless Space of Mind and its affiliates, officers, employees, and agents from any and all third-party claims, damages, liabilities, and expenses arising out of: 1) your use of the Service, 2) your breach of these Terms, or 3) your violation of any applicable laws or third-party rights.

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Disclaimer and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM 1) YOUR USE OR INABILITY TO USE THE SERVICE, 2) ERRORS, INTERRUPTIONS, OR SECURITY AND/OR PRIVACY BREACHES, 3) INTERACTIONS OR ADVICE GENERATED BY THE AI.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED ($100) US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. 

Governing Law

These Terms are governed by Delaware law. Disputes will be resolved in Delaware courts.

Entire Agreement. 

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior or contemporaneous communications.

Severability. 

If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver. 

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment. 

You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign or transfer these Terms.

Changes to Terms

Updates will be communicated via text or email. Continued use after changes implies acceptance.

Contact Information

Questions? Email developer@spaceofmind.com 

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Effective Date: [Insert Date]

By opting into and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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