Terms of Service

Last updated: October 8, 2024

Welcome to Ava Listens, a service that provides SMS-based conversational support through Cognitive Behavioral Therapy (CBT) principles. By accessing and using our website, services, and SMS platform, you agree to these Terms of Service (the "Terms"). If you disagree with any part of these Terms, please refrain from using our services.

1. Eligibility and Access

You must be at least 18 years of age to access and use our services. By using Ava Listens, you represent and warrant that you meet this age requirement.

You must provide accurate and up-to-date contact information during the registration process and are responsible for maintaining the confidentiality of your account and password. Ava Listens is not liable for any unauthorized use of your account.

2. Description of Services

Ava Listens provides SMS-based conversational support using CBT techniques. These services are intended for informational, educational, and support purposes only and are not a substitute for professional medical or psychological care.

Ava Listens does not provide medical diagnosis, treatment, or prescriptions. Always seek the advice of a qualified healthcare provider for questions regarding your mental health.

Important Notice:

Ava Listens is not an emergency service. The services provided by Ava Listens are not designed to handle crisis situations or emergencies of any kind. If you are experiencing a mental health crisis, suicidal thoughts, or any other emergency, please immediately contact a licensed mental health professional, call 911, or go to the nearest emergency room. The support offered through Ava Listens is limited to non-urgent, general mental health support and should not be relied upon during urgent or potentially life-threatening situations.

Ava Listens is not a replacement for your healthcare provider. You should always communicate openly with your licensed healthcare professionals regarding your mental health and any treatment you are receiving. The conversational support provided by Ava Listens is meant to complement, not replace, traditional mental health care.

No Emergency Response: Ava Listens does not monitor messages in real-time for emergencies, and our system is not equipped to provide immediate intervention or emergency response. We cannot guarantee that any messages you send or receive through our service will be promptly reviewed, and we do not provide real-time monitoring or crisis intervention services. If at any point you feel that you or someone else is in immediate danger, you must take appropriate steps to contact emergency services.

No Guarantee of Availability: The Ava Listens service may be unavailable at times due to technical issues, maintenance, or other reasons beyond our control. You should not rely on Ava Listens as your primary source of mental health support. Always have alternative resources available, such as contact information for your healthcare provider or a trusted support person.

3. User Responsibilities

You agree to use Ava Listens only for personal purposes and not for commercial use. You further agree that you will not attempt to copy, modify, distribute, create derivative works from, or otherwise exploit the Ava Listens platform or any part of our services for commercial gain or to develop a competing product. The intellectual property and proprietary technology behind Ava Listens are protected by applicable laws, and any attempt to steal, replicate, or reverse-engineer this technology will be met with legal action.

You are responsible for your own mental and emotional well-being. If you experience a mental health emergency or crisis, you should immediately contact a healthcare professional or emergency services.

You understand that any advice or suggestions provided by Ava Listens are not a substitute for professional counseling or therapy. Always consult with a healthcare provider regarding any treatment decisions.

4. Limitation of Liability

Ava Listens strives to provide high-quality support and services; however, we cannot guarantee that the services will meet your needs or expectations at all times. Ava Listens, its employees, affiliates, or agents will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the use of or inability to use the services, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.

Express Release of Liability: By using Ava Listens, you expressly release us from any and all liability, claims, demands, damages, or losses of any kind, whether direct or indirect, arising out of or in connection with your use of the services. You acknowledge that Ava Listens is not a substitute for professional mental health care and that we do not assume responsibility for any decisions you make or actions you take based on the support provided by Ava Listens. You agree that you use the services entirely at your own risk and that Ava Listens shall have no liability for any damages, harm, or injury resulting from your reliance on the services.

We do not assume liability for any third-party communications, errors, unauthorized access to your personal information, interruptions in service, or technical malfunctions. Ava Listens is provided on an "as is" and "as available" basis, and we make no warranties, whether express or implied, regarding the reliability, accuracy, or availability of the services.

5. Privacy and Data Protection

We are committed to protecting your privacy. Please refer to our Privacy Policy for information about how we collect, use, and protect your personal information.

By using Ava Listens, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

6. Messaging and Communications

Ava Listens uses SMS as the primary mode of communication. By providing your mobile number and using our services, you authorize Ava Listens to send you SMS messages related to your use of the service. Standard message and data rates may apply depending on your mobile carrier. Ava Listens is not responsible for any charges you may incur.

You understand that message frequency will vary depending on your interactions with Ava Listens. You agree that Ava Listens may send you messages, including but not limited to, reminders, support messages, and responses to your inquiries.

You may opt out of our SMS services at any time by texting "STOP" to our designated number. Upon opting out, you will no longer receive messages from Ava Listens unless you re-enroll.

By opting in to SMS messaging, you agree to receive text messages, which may be sent through automated systems, and you understand that consent to receive such messages is not a condition of using Ava Listens.

7. Termination of Services

Ava Listens reserves the right to terminate or suspend your access to the services at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users, Ava Listens, or third parties, or for any other reason at our sole discretion.

You may also choose to terminate your account and discontinue use of the services at any time.

8. Modifications to Terms of Service

We may modify these Terms from time to time to reflect changes in our services or to comply with applicable laws. The most current version of the Terms will always be available on our website.

If we make significant changes to these Terms, we will notify you through email or other communication channels. By continuing to use our services after changes become effective, you agree to be bound by the revised Terms.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in California, and you consent to the jurisdiction of such courts.

10. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at terms@avalistens.com or our mailing address.

Acknowledgment

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