Terms of Use

Initial Effective Date: Oct 16, 2025
Latest Revised Date: Oct 16, 2025

These Terms of Use (the "Terms") govern your use of the Services. By accessing or using our websites, products, services, and applications (collectively, the "Services"), you agree to be bound by these Terms.

For a short Q&A section about this document, please visit Frequently Asked Questions.

Note: The Q&A section is designed to make this policy more accessible and easier to understand. However, it doesn't replace these Terms.

By using any part of the Services, you're entering into a legally binding contract with us. Since this is an important commitment, please read these Terms carefully before using the Services. If you don't agree to these Terms, please don't use the Services.

You should also understand your privacy rights and how we protect your data, so please review our Privacy Policy.

If you have any questions, comments, or concerns about these Terms or the Services, please contact us at support@elomia.com.

Elomia Services

We created the Services to support your general wellness. Elomia is a safe space for your thoughts and reflections. The Services primarily consist of conversations with an AI chatbot and personalized content delivery.

Please keep in mind that:

  1. While our AI models are developed with guidance from professionals, Elomia cannot provide medical advice. Elomia is not a medical application and is not a medical device.

  2. Elomia cannot diagnose any disease or illness, though some features may help you identify certain symptoms.

  3. If you think you may have a mental illness or disorder, please consult a physician or mental health professional for a proper diagnosis and treatment plan. Do not use the Services as a substitute for prescribed medications or professional medical advice. You're welcome to continue using Elomia while receiving professional care, but Elomia cannot replace certified mental health services.

Emergency Resources

The Services are NOT intended for emergencies or crisis support.

The Services are primarily designed for users in the United States. If you're located outside the USA, please contact Suicide.org, which will redirect you to local helplines in your area.

If you're experiencing a mental health crisis and are at risk of harming yourself or others, or if you're in immediate danger, please call 911 to connect with an emergency dispatcher.

The Federal Communications Commission has designated 988 as a nationwide number for people considering suicide or experiencing mental health crises. You can call or text this hotline, or chat online at 988lifeline.org.

You may also contact your local community services for physical and mental health assistance by calling 211 or finding your local service at 211.org.

Accessing the Services

The app is available for iOS and Android devices. You can find Elomia on the App Store and Google Play Store.

Registration and Onboarding

To use the Services, you'll need to provide your email address. Every user goes through a three-step process:

  1. After entering your email address, we'll send an authorization code to that address. To complete the login process, enter the code we sent you.

  2. After completing the onboarding process, you can set up a PIN code for quick future access to the app. Using a PIN code is optional, but we recommend it for added security. Find more information about Elomia's security in our Privacy Policy.

  3. Once you log in, we'll ask you some questions about your needs and preferences. This step is required so we can personalize your future interactions with the Services.

You can delete your account along with all associated data and conversations at any time. We retain your data for 30 days in case you decide to return. After this period, all data will be permanently deleted. Find more information on data retention in our Privacy Policy.

We may also delete your account and all associated data and conversations if we determine that you're not eligible to use the Services or that you're misusing them. We reserve the right to investigate and delete your account in these circumstances.

Children's Privacy

Under the Children's Online Privacy Protection Act ("COPPA"), online service providers must obtain parental consent before knowingly collecting personally identifiable information from children under 13.

Elomia does not knowingly collect or request personally identifiable information from children under 13. If you're under 13, please do not register for the Services or share any personal information with us. If we discover that we've collected such information, we'll promptly delete it and close the related account. If you suspect that a child under 13 has provided us with personal information, please contact us at support@elomia.com.

Prohibited Uses

We will take immediate action if someone infringes intellectual property rights or poses a risk to our infrastructure and the Services.

If you violate any of the following rules, we may terminate your account. You may not:

  • Share your account access with others or allow multiple people to use a single account
  • Impersonate other people while using the Services
  • Copy, reproduce, or redistribute our proprietary Content (as defined below), including text, graphics, software code, and user interface designs
  • Upload, share, or distribute Content that violates copyright laws or infringes on the intellectual property rights of others
  • Use the Services or Content to create competing services
  • Use the Services or Content for commercial purposes without proper licensing agreements
  • Sell, distribute, or monetize data obtained from the Services, including your exported conversations or personalized content
  • Use our trademarks, logos, or brand names without explicit written permission
  • Interfere with, disrupt, or attempt to gain unauthorized access to our servers, networks, or technical infrastructure
  • Attempt to reverse engineer, decompile, or extract source code from our mobile applications
  • Upload, transmit, or distribute viruses, malware, or any other harmful code
  • Use automated tools or scripts to extract large amounts of data from the Services beyond the intended export features
  • Use the Services to facilitate, promote, or engage in any illegal activities
  • Attempt to exploit bugs, vulnerabilities, or unintended features in the Services

Monitoring and Enforcement

We don't review or validate the conversations between you and the AI chatbot. However, we take technical threats to the Services seriously and will respond promptly.

If we detect violations that threaten the Services—including unauthorized access, system interference, intellectual property violations, malicious software distribution, or exploitation—your account may be immediately suspended or terminated. We may also block access from specific devices or networks, and depending on the severity, we may pursue legal action for damages caused by technical interference.

Interaction with the Services

The Services are designed to help you reflect and have conversations with an AI chatbot about mental health and general well-being. Elomia's AI-powered Services use models from OpenAI and Anthropic, along with our proprietary technology. The main feature is a chat interface with an AI chatbot that has been trained on anonymized user data, synthetic data, and data from verified therapists and professional associations to help ensure accurate responses.

Important: Although we've taken reasonable steps to train our AI chatbot on verified data, the Services are not always completely accurate in their suggestions and answers. We provide only non-medical services and cannot replace professional medical care from a doctor, psychologist, psychotherapist, or other qualified specialist.

Available Features

You can interact with the Services through the AI chatbot by:

  • Sending voice or text messages
  • Attaching screenshots with text for analysis or other images
  • Using chat features, such as completing feedback questionnaires or providing in-depth responses for deeper analysis

Based on your preferences and requests, you may also receive tailored articles on mental health, book and movie recommendations, and other types of content through the "For You" section in the app.

For your convenience, you can use the Services across multiple devices. However, you're solely responsible for your own usage. Sharing your account with others may result in inaccurate recommendations or less personalized content.

Exporting Content

For your convenience, you can share your chats with third parties (such as your therapist) or export them. You can also export personalized content from the "For You" section. Please keep in mind that sharing this information may reveal personal data and compromise your privacy. You remain responsible for any consequences of sharing your chats with third parties.

Notifications

We may send you push notifications about new messages from the chatbot, feature improvements, requests to rate the Services, or other important updates. You can turn them off or back on at any time.

Licensing and Ownership Rights

All materials available on or through the Services—including text, graphics, data, articles, audio, images, illustrations, podcasts, and other recorded materials (collectively, the "Content")—are protected by copyright and other intellectual property laws. You agree to respect all copyright notices, trademark guidelines, and restrictions associated with the Content you access through the Services.

While using the Services, you may not copy, modify, publicly share, sell, or use our Content in ways that violate these legal protections unless you have proper authorization. Specifically, you may not:

  • Reproduce or distribute our Content for commercial purposes
  • Use our Content for business or financial gain without permission
  • Alter or modify our Content in any way
  • Create derivative works based on our Content
  • Share, transmit, or broadcast our Content through external channels

Ownership of the Services

We own and control the Services and their underlying technologies. You agree not to interfere with the functionality of the Services or attempt to use them in unauthorized ways. Specifically, you may not:

  • Reverse-engineer or attempt to extract proprietary technology from the Services
  • Sell, lease, or otherwise transfer access to the Services
  • Use our materials to create competing products or services

Read more about prohibited conduct in the Prohibited Uses section.

Even though some features allow copying, exporting, or saving certain Content, these features don't change your obligation to use Content only as authorized.

If you believe that copyrighted Content has been used without proper authorization on the Services, you can submit a copyright infringement report at support@elomia.com with detailed information about the copyrighted Content, including evidence of ownership and the specific location where it was used. We'll review the report promptly and take appropriate action in accordance with applicable laws and our policies.

User Submissions

Any Content you post, upload, share, store, or otherwise provide through the Services is a "User Submission." This includes text messages, questionnaire responses, interview responses, screenshots, comments, feedback, and any other materials you make available through the Services.

You retain ownership of your User Submissions. We don't claim ownership of the Content you create and share through the Services. However, by using the Services, you grant us a limited, non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to:

  • Use, reproduce, and store your User Submissions to provide and operate the Services
  • Modify and adapt your User Submissions for technical purposes (such as ensuring compatibility across different devices and platforms)
  • Display your User Submissions back to you and provide related functionality
  • Translate your User Submissions when necessary for operating the Services
  • Create derivative works solely for the purpose of providing and improving the Services based on anonymized data

Find more about User Submissions from a personal data perspective in our Privacy Policy.

User Submissions made within your personal account are private and will only be visible to you unless you decide to share them externally (at your own risk).

The license you grant us continues for as long as you use Elomia. When you delete your account or remove specific User Submissions (such as chat history), we'll stop displaying that Content to you. Please keep in mind that some User Submissions may not be immediately or completely removed due to technical limitations, such as the 30-day period we provide before permanent account deletion.

Fees, Subscriptions, and Refunds

We offer subscription plans as shown on our website (https://elomia.com/) and in the app. All subscriptions are processed securely through trusted third-party payment providers. Read our Privacy Policy to learn how we handle your payment data.

The payment option will be available once you complete the onboarding questionnaire.

In addition to subscription plans, we may offer access to some premium features as part of our free version or through promotional offers. This is ideal for users who want to try the full features before committing to a subscription.

We maintain a consumer-friendly refund policy and review refund requests on a case-by-case basis.

Payment Processing

We use third-party payment providers to handle all transactions. For mobile applications, payments are processed through Apple Pay, Google Pay, and other available methods via the App Store and Google Play Store. By making a purchase, you agree to the terms and conditions of these third-party payment services.

Subscription Status and Billing Plans

Your subscription status is synchronized with the platform that processes your payment (App Store or Google Play Store). We maintain real-time synchronization to ensure accurate billing and continued access to the Services. Any changes to your subscription status on these platforms will be reflected in your account access.

If you're using the free version of the Services, it may have some limitations. If you reach the limit, you'll have the option to subscribe for access to premium features.

Subscription plans are available after you complete the onboarding process and answer key questions for personalized Content.

We bill all recurring subscriptions at the beginning of the subscription period, and they automatically renew unless canceled. You can manage your subscription through your account settings or via the app store where you made the purchase.

The lifetime plan, if available, requires a single payment and provides permanent access to the Services for as long as we continue to operate and provide such Services. This lifetime plan will automatically terminate without refund in the event of:

  • The sale, transfer, or acquisition of our assets; or
  • The cessation, discontinuation, or winding down of our business operations or Services

Upon such termination, all access rights under the lifetime plan will cease.

Free Trials and Promotional Codes

We may offer free trial periods for new subscribers. Trial terms, including duration and included features, will be clearly disclosed at sign-up or during onboarding.

We have two types of free trials:

  • Available through App Store and Google Play Store. These trials will automatically convert to paid subscriptions unless canceled before the trial period ends. When offering such trials, we'll clearly inform you of the deadline to cancel to avoid being charged.

  • Operated solely by us. These trials don't automatically convert to paid subscriptions. At the end of these trials, you'll see a notification allowing you to make an informed decision about subscribing.

We may also occasionally offer promotional codes for discounts or free access. Promotional codes are subject to specific terms and conditions, including expiration dates and usage limitations, which will be provided when the code is issued.

Refund Policy

We maintain a consumer-friendly approach to cancellations and refunds. If you wish to cancel your subscription or request a refund, please contact our support team. We understand that circumstances change and will work with you to find a fair solution. Depending on your situation, we may facilitate refunds through third-party payment providers.

To request a refund, contact our support team at support@elomia.com with details about your purchase and reason for the refund request. We review each request individually. In some cases, we may offer alternative solutions, such as complimentary access periods, instead of monetary refunds.

Optional Refund Request Form

Using this refund request form is optional, but you may find it convenient:

To: Elomia Health Inc., 8 The Green Ste 6359 Dover, DE 19901
(required only if sent by postal mail)

Email: support@elomia.com
Subject: Subscription Withdrawal / Refund Request
Services: I want to cancel (provide the subscription details)
Reasons for refund: (optional but recommended)
When I signed up: (provide the date, ideally with a screenshot of the payment)
Name: (helps us address you correctly)
Address: (required only if sent by postal mail)
Signature: (required only if sent by postal mail)
Date: (the date of sending or submission)

Important Limitations and Disclaimers

We cannot guarantee that the Services comply with the laws, regulations, or requirements of any specific jurisdiction outside the United States. As a user, you're solely responsible for determining whether your access to and use of the Services is lawful in your jurisdiction. You assume all risks and liabilities associated with accessing the Services in jurisdictions where such use is non-compliant, prohibited, or restricted.

Warranties

Elomia cannot guarantee the accuracy or appropriateness of content accessed via the Services. Please note that AI-generated Content may sometimes be inaccurate. We're continually working to train and improve our AI models. If you encounter any inaccuracies, we'd appreciate it if you could contact our support team at support@elomia.com, ideally with a screenshot or detailed description of the issue.

Elomia may include links to external materials such as inspirational content, movies, or book recommendations. Elomia may also send you customized content such as articles, affirmations, advice, motivational phrases, or daily reflection questions about mental health and general well-being. This content is artificially generated. Elomia is not responsible for the accuracy of the information or Content within these materials, nor for any harm they may cause. We encourage you to critically evaluate AI-generated Content.

The Services and Content are provided "AS IS," without any guarantees or warranties, whether express or implied. This includes:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement
  • Assurance that the Services will always function without interruptions or errors

Some states have laws that limit how long an implied warranty can last, meaning certain parts of this disclaimer may not apply to you.

Limitations of Liability

Elomia Health Inc., along with our affiliates, employees, agents, and partners, is not liable for any damages or losses, regardless of the legal basis, including negligence, misrepresentation, contract, or strict liability. This includes:

  • Indirect or Consequential Damages: Loss of profits, goodwill, business interruptions, computer failures, inaccurate results, or any other indirect, special, incidental, punitive, or consequential damages.

  • Liability Cap: Our total liability will not exceed the amount you paid for the Services in the prior 12 months.

  • Unauthorized Access & Security Risks: We're not responsible for damages, losses, or injuries resulting from unauthorized access, hacking, or similar security-related incidents.

  • User Responsibility: You acknowledge and agree that your access to and use of the Services is entirely at your own risk. You're solely responsible for any damage to your device or computing system, or loss of data, resulting from your use of the Services.

  • Reliance on Elomia's Non-Medical Services: We're not liable for health outcomes or decisions based on our informational Services, which are intended for general mental health and wellness purposes.

Additional Terms for International Users

The Services are primarily designed for users in the United States. If you access or use the Services from other jurisdictions, you do so voluntarily. Some jurisdictions may not permit the exclusion or limitation of certain liabilities. Where applicable law prohibits such exclusions, our liability will be limited to the minimum extent required by law.

If You Are a California Resident

You waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Indemnification

You agree to defend, indemnify, and hold harmless Elomia and any of our contractors and employees from any claims, damages, losses, costs, expenses, and liabilities arising from:

  • Your use of the Services
  • Any information you submit or upload through the Services
  • Your violation or breach of these Terms

If indemnification is required, we reserve the right to assume exclusive control over the defense. If we learn of any claim, legal action, or proceeding that may require your indemnification, we'll notify you promptly. In such cases, you must fully cooperate with us.

Assignment

You may not assign, transfer, sublicense, or otherwise dispose of any rights or obligations under these Terms without our prior written consent.

However, we may assign these Terms, including all associated rights and obligations, to third parties, particularly to affiliated companies.

Governing Law and Dispute Resolution

The Services are controlled from the United States. These Terms and your use of the Services are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms must first be addressed through good faith negotiations between the parties. Either party may initiate negotiations by providing written notice of the dispute to the other party. We'll have sixty (60) days from the date of such notice to resolve the dispute through negotiations.

If negotiations fail to resolve the dispute within sixty (60) days, the dispute will be settled through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in Dover, Delaware.

The arbitration process must be completed within 120 days from the date it is initiated, unless extended by mutual agreement of the parties. The arbitration award may then be entered as a judgment in any court with jurisdiction.

We may seek immediate injunctive relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information without first engaging in negotiations or arbitration.

By agreeing to these Terms, you waive your right to participate in class action lawsuits or class-wide arbitrations against Elomia.

Contact Us

Elomia is operated by Elomia Health, Inc., registered at: 8 The Green Ste 6359, Dover, DE 19901.

For questions, comments, complaints, feedback, or privacy-related inquiries about the Services, please contact us at (302) 244-7193 or by email at support@elomia.com.

Your Data and Privacy

In addition to these Terms, Elomia has a Privacy Policy. Together, the Terms and the Privacy Policy constitute our complete agreement. The Privacy Policy explains how we collect and process your personal information and what rights you have regarding it.

Changes to These Terms

We may change these Terms as we improve the Services. These updates may be tied to new features, improvements, or necessary limitations.

We'll inform you promptly of any changes. A log of previous versions of these Terms will be maintained at the bottom of this page. If the updates are significant and materially impact your experience, we'll notify you via push notification in the app or by email.

Once we amend the Terms, you must accept the new conditions to continue using the Services. If you don't agree and the changes materially affect your experience, you'll no longer be able to use the Services. In this case, we may offer a refund. Please refer to the Fees, Subscriptions, and Refunds section.

By continuing to use the Services after the changes take effect, you acknowledge and agree to the updated Terms.

We welcome your questions and suggestions. Please feel free to reach out by email at support@elomia.com or by calling us at (302) 244-7193.