1. About Us
These Terms & Conditions ("Terms") govern your access to and use of the IN TRUTH applications, website, wearable integrations, APIs, dashboards, beta/research programs, and related services (collectively, the "Services").
The Services are provided by Love Out Loud, PBC, a Delaware Public Benefit Corporation, 1616 16th Street, Suite 350, San Francisco, CA 94103 USA ("Company," "we," "us," or "our"). Our wholly owned subsidiary, IN TRUTH Technologies Pty Ltd (ABN 65 664 191 164), Level 3, 31 Queen Street, Melbourne VIC 3000, Australia, supports operations including data processing and research activities.
By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Definitions
- App: the IN TRUTH mobile and web applications.
- Wearables: third-party hardware (e.g., Garmin) that provide sensor data.
- Insights: non-medical emotional/wellness information, analytics, scores, or visualizations generated by the Services.
- Personal Data: information relating to an identified or identifiable individual.
- Biometric Data: physiological or behavioral signals used to infer or identify emotional or physiological states.
- De-Identified Data: data that cannot reasonably identify an individual.
- Aggregated Data: De-Identified Data combined with other data for statistics, research, or product improvement.
- Feedback: suggestions, ideas, or comments you provide.
- Journal Entries: free-text entries you write within the App, which may be analyzed using AI to generate Insights.
- Assessment Data: information you provide directly through surveys, questionnaires, reflections, or other self-reported inputs, which may include subjective emotional states, experiences, or feedback. Assessment Data is treated as Personal Data and may be combined with Biometric Data or other information to generate Insights.
3. Access and Use
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for personal wellness and research purposes.
You represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms.
You must not, and must not permit others to:
- Copy, modify, or create derivative works of the Services;
- Reverse engineer, decompile, or disassemble source code, algorithms, or models;
- Sell, rent, sublicense, or distribute the Services or Insights;
- Introduce malicious code or attempt unauthorized system access;
- Use automated tools (bots, scrapers, crawlers) without permission;
- Use the Services for unlawful or harmful purposes.
We may modify, update, suspend, or discontinue the Services at any time without liability.
4. End-User Responsibilities
You are responsible for:
- Ensuring compliance with all applicable laws and regulations;
- Securing your own devices, wearables, and connectivity;
- Maintaining the confidentiality of your login credentials;
- Providing accurate and up-to-date account information;
- Not relying on the Services for medical, emergency, or safety-critical purposes.
5. Beta, Early Access & Research Programs
Certain features may be experimental, inaccurate, or incomplete. Participation may require additional consent forms. You may withdraw at any time.
6. Health & Safety Disclaimer (Non-Medical)
The Services provide wellness and research-oriented emotional insights only.
The App and Services are not medical devices and do not provide medical advice, diagnosis, or treatment.
The information, data, and emotional insights are intended for general wellness, reflection, and self-awareness purposes only.
The Services are not designed to diagnose, cure, mitigate, monitor, treat, or prevent any disease, disorder, or condition.
The Services are not cleared or approved by the U.S. Food and Drug Administration (FDA), the Australian Therapeutic Goods Administration (TGA), or any other regulatory authority.
You should always seek the advice of a qualified healthcare professional with any questions about your health and never disregard professional advice because of information from the Services.
IN TRUTH does not endorse, supervise, or validate interventions used by users/pilot partners.
Any intervention, protocol, coaching modality, therapeutic exercise, workplace program, or recommendation used in connection with the Services is the responsibility of the provider/user.
Users must ensure interventions are evidence-based, lawful, and within their professional scope and licensing requirements.
IN TRUTH only validates interventions via controlled research projects and/or clinical studies, and only when expressly stated in writing.
7. Third-Party Devices & Services
The Services may integrate with Wearables and third-party platforms. We do not control and are not responsible for their data accuracy, availability, or privacy practices.
7A. Device Ordering and Fulfillment
As a convenience to our users and organizational customers, we may facilitate the ordering of third-party wearable devices and related hardware (collectively, "Devices") through authorized distributors. Where we offer this service, you acknowledge and agree as follows:
(a) Facilitation Only. We act solely as an intermediary to place orders with authorized third-party distributors on your behalf. We are not the manufacturer, retailer, warrantor, or seller of any Device. Title to Devices does not pass through us except where strictly required by the distributor's commercial terms.
(b) Manufacturer Warranty. All Devices are subject exclusively to the manufacturer's warranty, terms of sale, and return policy. Any defects, malfunctions, failures, accuracy issues, software errors, firmware problems, battery performance, hardware defects, or other quality concerns with a Device must be raised directly with the Device manufacturer or its authorized service channel. We do not provide, underwrite, extend, or assume any warranty in relation to Devices.
(c) No Liability for Device Performance. To the maximum extent permitted by law, we disclaim all liability for Devices, including but not limited to: (i) device defects, malfunctions, or failures; (ii) inaccurate, incomplete, or delayed sensor data; (iii) compatibility issues with your phone, operating system, or other hardware; (iv) loss, theft, or damage during shipping; (v) delays in delivery; (vi) injury or property damage arising from Device use; and (vii) any consequential loss arising from Device performance or non-performance.
(d) Shipping and Delivery. Shipping, delivery timeframes, tracking, and delivery disputes are handled by the applicable distributor. Risk of loss passes in accordance with the distributor's terms. You are responsible for providing accurate shipping details and for receiving delivery at the nominated address.
(e) Bulk and Centralized Fulfillment. In certain regions, Device orders may be fulfilled through a single-address bulk shipping model, in which the ordering organization receives all Devices at one central location and is responsible for onward distribution to participants.
(f) Returns and Refunds. Returns, exchanges, and refunds for Devices are handled in accordance with the distributor's and manufacturer's policies, and applicable consumer protection laws. We do not independently offer returns or refunds on Devices.
(g) Pairing and Setup. You are solely responsible for pairing, configuring, and maintaining your Device in accordance with the manufacturer's instructions.
(h) No Medical Claims. Devices are consumer wellness products and are not medical devices. Nothing about our facilitation of Device orders constitutes a medical endorsement or recommendation.
(i) Australian Consumer Law. Nothing in this section excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other consumer protection laws that cannot be lawfully excluded.
8. Data; Privacy; Cross-Border Transfers
Your use of the Services involves processing of Personal Data and Biometric Data. By using the Services, you consent to this processing in accordance with our Privacy Policy.
Key points:
- Data may include heart rate, heart rate variability (HRV), stress levels, respiration, skin temperature, movement, and other wearable outputs, as well as derived Insights.
- Journal Entries may be analyzed using AI to generate emotional wellness Insights. This processing occurs securely within our private cloud infrastructure.
- Data is encrypted in transit and at rest.
- Data may be processed in the U.S., Australia, EU, or other jurisdictions.
- Depending on your location, you may have rights under GDPR, CPRA, HIPAA, or the Australian Privacy Act.
- We may create De-Identified and Aggregated Data, including from Assessment Data, for analytics, research, model training, and product improvement.
8A. Accuracy, Completeness and Currency of Information
While we take reasonable care in providing the Services, you acknowledge and agree that:
- the Services, including any dashboards, analytics, visualisations, or Insights, may contain inaccuracies, errors, or omissions;
- information presented through the Services may not be complete, up to date, or suitable for your specific circumstances; and
- you are solely responsible for independently verifying any information before relying on it.
To the fullest extent permitted by law, we do not warrant the accuracy, reliability, completeness, or currency of any information provided through the Services.
9. Payments, Billing, Trials and Subscriptions
9.1 Purchase and Payment
You agree to pay all applicable fees for the Services, including any subscriptions, in-app purchases, or features you select.
Fees may be charged through third-party platforms such as the Apple App Store or Google Play, or directly through our website, dashboard, or other payment interfaces operated by us or our payment processors.
Where payment is required, access to the relevant Services or features will not be provided until payment has been successfully completed.
All fees are charged at the prices in effect at the time of purchase.
9.2 Subscriptions and Auto-Renewal
Certain features of the Services may be offered on a subscription basis. By purchasing a subscription, you agree that:
- subscriptions may automatically renew for successive billing periods unless canceled prior to the renewal date;
- billing frequency, pricing, and renewal terms will be disclosed at the time of purchase; and
- you are responsible for managing and canceling your subscription through the applicable platform.
9.3 Free Trials
We may offer free trials from time to time. Unless otherwise stated:
- free trials automatically convert into paid subscriptions at the end of the trial period; and
- you must cancel before the end of the trial period to avoid being charged.
9.4 Refunds
Refunds are handled in accordance with the applicable platform provider's policies (such as Apple App Store or Google Play) and applicable consumer protection laws.
To the extent permitted by law, payments made directly to us are non-refundable unless otherwise stated at the time of purchase.
9.5 Fee Changes
We reserve the right to change pricing, subscription fees, or billing structures from time to time. Where required by applicable law:
- we will provide reasonable prior notice of any material price changes; and
- such changes will apply from the next billing cycle following the notice period.
9.6 Authority to Purchase
If you purchase the Services on behalf of a company, organisation, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
10. Intellectual Property & Feedback
All rights, title, and interest in the Services (including software, models, and algorithms) remain with us and our licensors.
By submitting Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use it without restriction.
10A. Competitor Restrictions and Prohibited Commercial Use
You must not access or use the Services if you are a competitor or if your activities include developing, commercialising, or offering products or services that are substantially similar to the Services, including AI systems, analytics platforms, or emotional or behavioural insight technologies.
You must not:
- access or use the Services for the purpose of benchmarking, competitive analysis, or developing competing products or services;
- extract, scrape, or systematically collect data, outputs, or Insights from the Services for commercial purposes;
- use any outputs, Insights, or data generated by the Services to train, fine-tune, or improve any machine learning or artificial intelligence models without our prior written consent.
If you breach this clause, you agree that we may seek injunctive relief and recover damages, including any profits derived from such breach, to the extent permitted by law.
11. Open-Source Components
Some components may be licensed under open-source terms. Those terms apply where required and override these Terms solely for those components.
12. App Stores & Platform Terms
If you download the App via Apple App Store or Google Play, you must also comply with their terms. Apple and Google are third-party beneficiaries of these Terms.
13. Communications & E-Signatures
You consent to receive communications electronically. Electronic agreements and signatures have the same legal effect as originals.
14. Changes to Services or Terms
We may update the Services and these Terms from time to time.
Where a change is:
- likely to benefit you or have a minor or neutral impact, it may take effect immediately; or
- likely to have a material adverse effect on you, we will provide reasonable prior notice (for example, via email or within the Services) before the change takes effect.
Your continued use of the Services after any changes take effect constitutes your acceptance of the updated Terms.
15. Warranty Disclaimer
The Services are provided "as is" and "as available." We disclaim all warranties (express, implied, statutory), including merchantability, fitness for purpose, and non-infringement, to the maximum extent permitted by law.
16. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, consequential, or special damages (including lost profits, data loss, or emotional distress).
- Our total liability shall not exceed the greater of USD $100 or the total amounts you paid us for the Services in the twelve (12) months preceding the event.
- Nothing excludes liability for death, personal injury, fraud, or liability that cannot be excluded by law.
16A. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot lawfully be excluded (Non-Excludable Rights).
To the fullest extent permitted by law, where we are liable for a breach of any Non-Excludable Right, our liability is limited, at our option, to:
- in the case of services: (i) the resupply of the Services; or (ii) the payment of the cost of having the Services resupplied; and
- in the case of goods (if applicable): (i) the replacement of the goods or the supply of equivalent goods; or (ii) the payment of the cost of replacing the goods or acquiring equivalent goods.
17. Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, and personnel against claims or expenses arising out of your misuse of the Services, breach of these Terms, or infringement of third-party rights.
17A. Limitations on Use of Emotional Insights
The emotional insights, scores, visualizations, or related outputs generated by the Services ("Insights") are provided solely for personal wellness, self-reflection, and awareness. They are not medical devices, clinical tools, or legal instruments.
Prohibited Uses
You expressly agree that you will not use, attempt to use, or permit others to use the Services or Insights:
- Legal/Regulatory Proceedings: as evidence or proof in any legal, judicial, administrative, arbitration, insurance, employment, family law, or governmental proceeding.
- Medical/Clinical Contexts: for any diagnostic, therapeutic, medical, or clinical purpose, unless expressly authorized in writing by the Company.
- Decisions Affecting Others: to make decisions affecting the rights, obligations, employment, safety, health, education, insurance, or wellbeing of any other person.
- Commercial Use: for commercial purposes, resale, redistribution, or integration into other products or services without our prior written consent.
- Compulsive/Excessive Use: in a manner that encourages compulsive checking, dependency, or that may reasonably be expected to cause emotional distress or harm.
- Unauthorized or Novel Uses: for any purpose beyond those expressly permitted by this Agreement.
- Derivative Products: to create, develop, or commercialize any product, service, or technology based on the Insights without our prior written consent.
- AI/ML Training: to train, fine-tune, validate, or otherwise improve any machine learning model using Insights or data generated by the Services, without our prior written consent.
You acknowledge and agree that:
- No Guarantee of Accuracy or Suitability: Insights may be incomplete, inaccurate, or misinterpreted.
- Prohibited Reliance: reliance on Insights for consequential decisions is expressly prohibited.
- Disclaimer of Liability: the Company disclaims, to the fullest extent permitted by law, any liability for harms arising from misuse or unauthorized application of Insights.
- Emerging Technology: as emotion biotechnology is an emerging and evolving field, the Company shall not be liable for any unforeseen or unintended consequences of novel or unauthorized uses.
17B. No Advisory or Fiduciary Relationship
You acknowledge and agree that:
- the Services do not constitute professional advice of any kind, including medical, psychological, legal, financial, or other regulated advice;
- no fiduciary, advisory, clinician-patient, therapist-client, or similar professional relationship is created between you and the Company; and
- you are solely responsible for how you interpret and use any Insights or outputs generated by the Services.
18. Suspension & Termination
We may suspend or terminate access if you breach these Terms, create security risks, or as required by law. Upon termination, your license ends and you must stop using the Services.
19. Export Controls & Sanctions
You must comply with all applicable export control, sanctions, and trade laws.
20. U.S. Government Restricted Rights
The Services are "commercial computer software" and U.S. Government use is subject to restrictions under applicable federal acquisition regulations.
21. Force Majeure
We are not liable for delays or failures caused by events beyond our control, including acts of God, natural disasters, epidemics, pandemics, labor disputes, outages, cyberattacks, or governmental actions.
22. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules.
Except where prohibited by law:
- Disputes shall be resolved by binding arbitration in Delaware under the American Arbitration Association Commercial Rules, on an individual basis (no class actions).
- Nothing prevents you from raising issues with regulators or small claims court.
- Mandatory consumer protections (e.g., EU, UK, Australia) remain unaffected.
23. Relationship to Other Agreements
If you have entered into a separate written enterprise agreement with us, including a Master Services Agreement, Order Form, or Business Associate Agreement, that agreement governs your use of the Services in the event of any conflict with these Terms.
24. General Provisions
These Terms are the entire agreement between you and us.
- Assignment: you may not assign without our consent. We may assign to affiliates or in a merger/acquisition.
- Severability: if any provision is unenforceable, the rest remain valid.
- Waiver: failure to enforce is not a waiver.
24A. Website and System Access Risks
You acknowledge and agree that:
- access to the Services may be interrupted, delayed, or unavailable from time to time;
- the Services may be subject to errors, defects, or technical issues;
- we do not guarantee that the Services will be secure, uninterrupted, or free from faults; and
- you access and use the Services at your own risk.
You are responsible for taking appropriate precautions to protect your systems, devices, and data, including implementing appropriate security measures.