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1.1 Service Description: Mitwa.ai (the Service) is a proprietary, artificial intelligence-powered software application designed to facilitate personal growth and self-reflection. The Service utilises an AI model (“Bloom”) to provide interactive dialogue, structured personal development modules (“Quests”), and customizable user-interaction settings (“Intensity Control”). The Service may employ Gist Memory to maintain contextual continuity by retaining synthesised summaries of prior interactions, rather than verbatim transcripts.

1.2 “As-Is” and “As-Available”: THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS GENERATED BY THE AI. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, MITWA.AI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.

1.3 Disclaimer: We try our best to give accurate responses. However, the Service is a reflective companion and does not provide medical, psychological, health, or legal advice. Mitwa.ai is not a licensed healthcare provider, therapy service, or clinical counsellor. No part of the Service should be construed as a diagnosis, treatment, or professional medical intervention. The Service is not intended for use in medical emergencies or mental health crises.

1.4 User Responsibility and Agency: The Service facilitates conversational self-exploration; however, all decisions, actions, or omissions taken by the User remain the User’s exclusive responsibility. Any AI-generated content or suggestions are provided for reflective purposes only. The User retains full agency to accept, modify, or disregard any output generated by the Service. Mitwa.ai shall not be liable for any consequences resulting from the User’s interpretation of or reliance upon AI-generated content.

2.1 Minimum Age Requirement: The Service is intended solely for users who are eighteen (18) years of age or older. By accessing or using Mitwa.ai, you represent and warrant that you meet this age requirement. Mitwa.ai does not knowingly collect data from or provide services to minors. We reserve the absolute right to terminate, without notice, any account where we have a reasonable suspicion that the user is under the age of 18.

2.2 Legal Capacity: You represent and warrant that you possess the legal right and capacity to enter into these Terms and to abide by all rules and conditions herein. You further represent that you are not barred from receiving the Service under the laws of your jurisdiction or any other applicable legal authority.

2.3 Entity Representation: If you are accessing the Service on behalf of a third party, corporation, or other legal entity, you represent and warrant that:
● You have the actual and express authority to bind such entity to these Terms.
● Your agreement to these Terms constitutes an agreement by the entity itself.
● You agree to be jointly and severally liable for any breach of these Terms by such entity.

3.1. Using Mitwa.ai requires creating an account using a secure login method supported in the App (for example, Sign in with Apple, Google Sign-In, or other methods provided through Firebase/Supabase Authentication). You agree to provide truthful, accurate, and current information when creating your account, and to keep it updated if it changes.

3.2. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you believe someone has gained unauthorised access to your account, you must notify us immediately. Mitwa.ai is not liable for any losses or damages arising from unauthorised use of your account due to your failure to safeguard your credentials. Please remember to log out or use appropriate security features when you finish a session, especially if you share a device. You should not share your account with others or allow anyone else to use your account.

3.3. We reserve the right to suspend or terminate your account if we suspect any unauthorised use or breach of security. You are also responsible for ensuring that any information or device that you use to access Mitwa.ai is secure and protected from malware, viruses, or intrusion.

4.1 Paid Service (One-Time Purchase): Mitwa.ai is a paid service. Certain features or full access to the Service require a one-time in-app purchase, as described in the app and/or the applicable app store listing. By completing a purchase, you agree to the pricing and payment terms presented to you at the time of purchase. All fees are charged in the currency shown at checkout and include applicable taxes unless stated otherwise.

4.2 Scope of Purchase: A Purchase grants you a personal, non-transferable, non-exclusive, and limited license to access the “Purchased Features”. This is a license to use the Service, not a sale of the underlying software or AI models. The scope of your access is strictly defined by the description provided within the application or the App Marketplace at the time of the transaction.

4.3 Free Trials and Promotions (If Offered): If we offer a free trial or promotional access, the terms (duration and included features) will be clearly shown in the app. Unless stated otherwise, when a free trial or promotion ends, access to those promotional features may stop unless you complete the one-time purchase required for continued access.

4.4 No Cancellation / No Auto-Renewal: Because this is a one-time purchase, there is no subscription to cancel and no automatic renewal.

4.5 Refunds: Purchases are generally non-refundable, except where required by applicable law. If you purchased through the Apple App Store, refund requests are handled by that platform under its policies and processes. If a refund is granted by the platform, your access to the Purchased Features may be removed.

4.6 Payment Processing: Payments made through an app marketplace (such as the Apple App Store) are processed by that marketplace, not by Mitwa.ai. Your purchase is subject to the marketplace’s terms and conditions.

4.7 Restore Purchases: If you purchased through an app marketplace, you may be able to restore access to your Purchased Features on a compatible device using the marketplace’s “Restore Purchases” functionality (where available), subject to the marketplace’s rules and your account status.

4.8 Failed Purchases / Purchase Issues: If a purchase fails, is declined, or is not completed, access to Purchased Features will not be granted. If you believe you were charged but did not receive access, please contact the app marketplace first (e.g., Apple) and/or Mitwa.ai support so we can help troubleshoot purchase verification.

4.9 Changes to Pricing and Offers: We may change prices, offerings, or availability of Purchased Features in the future. Any price changes apply only to future purchases and do not affect Purchased Features you already bought. Promotions or discounts may be offered for limited periods and may change or end without notice, subject to applicable law.

4.10 Third-Party Charges: Using the Service may incur data charges or other fees from your internet or mobile provider. You are responsible for any such charges. Mitwa.ai is not responsible for fees charged by third parties (including app stores, payment processors, or network carriers).

5.1 When using Mitwa.ai, you agree to do so in a manner consistent with these Terms and in accordance with all applicable laws and regulations. You are solely responsible for your own conduct while using the Service, and for any content or information you share with the app. To protect the integrity of the Service and the safety of all users, you agree not to misuse Mitwa.ai. Misuse includes, but is not limited to, the following prohibitions:

● No Illegal or Harmful Use: You will not use Mitwa.ai for any unlawful purpose or for the promotion of illegal activities. This means you won’t solicit or engage in criminal acts via the app. You also agree not to use the Service to harm or exploit vulnerable individuals in any way. You will not upload or transmit any content that is libelous, defamatory, obscene, pornographic (including any content involving minors, which is strictly prohibited), violent, or that promotes discrimination or hatred against any group.

● No Medical, Emergency, or Crisis Use: You agree that you will not rely on Mitwa.ai in situations that require professional medical, psychological, or emergency assistance. Mitwa.ai is not designed for crisis intervention or emergency support. You will not attempt to use the app as a substitute for professional help if you are experiencing a medical or psychiatric emergency (see the No Emergency Use section below for what to do in those cases). If you share content indicating you or someone else is in immediate danger or serious harm, understand that the app itself cannot call emergency services or actively intervene.

● No Harassment or Abuse: You will not use Mitwa.ai to harass, threaten, or bully the AI or any real person. While the “conversation” is with an AI, any content you input should still be respectful and lawful. You agree not to input content that encourages self-harm, suicide, or harm to others. If the AI’s responses upset you, you can adjust the conversation intensity or discontinue use; you should not retaliate in abusive ways. Remember, an AI model generates the responses; do not attempt to verbally “attack” or “trick” the AI into breaking rules, as this violates the spirit of safe use.

● No Violation of Others’ Rights: You will not upload or share content that infringes any third party’s rights, including intellectual property rights, privacy rights, or publicity rights. For example, do not use Mitwa.ai to store or transmit copyrighted material you do not have the right to use, or personal information of others, without consent. Although Mitwa.ai primarily handles your personal self-reflections, if you do mention real individuals, be mindful of their privacy and rights.

● No Reverse Engineering or Tampering: You will not attempt to probe, scan, or test the vulnerability of the app or any related system or network. You agree not to hack, interfere with, disrupt, or damage the normal functioning of Mitwa.ai, for example, by introducing viruses, bots, worms, or any malicious code. Also, you will not attempt to reverse engineer, decompile, or extract the source code of the Mitwa.ai app, the Bloom AI model, or any part of our service. The AI model and software are proprietary or licensed to us; any attempt to copy or misuse them not only violates these Terms but may also violate intellectual property laws.

● No Automated Use or Exploitation: The Service is intended for interactive use by individual human users. You agree not to use any automated systems (bots, scripts, etc.) to access or use Mitwa.ai in bulk or at speeds beyond normal human usage. Also, you will not use Mitwa.ai for commercial purposes, such as operating a service bureau or using the outputs of the AI for paid counseling, without permission. Mitwa.ai is for your personal well-being use only.

● One Account Per User: Unless authorized by us, you should have only one user account and not create multiple accounts in a deceptive manner. Do not create an account using false identity information or on behalf of someone else (except as allowed for a legitimate purpose with proper authority). Impersonating any person or entity, or falsely representing your affiliation with any person or entity, is prohibited.

5.2 Mitwa.ai reserves the right to investigate and take appropriate action (including terminating accounts or reporting to law enforcement) if you violate this Acceptable Use Policy. We aim to keep Mitwa.ai a safe and positive space for self-help and personal growth, so any misuse that undermines this goal will not be tolerated.

6.1 Mitwa.ai is not a medical, psychiatric, or other licensed health care provider, and it does not offer medical or therapeutic advice or treatment. The Service and any information or content provided through it (including AI-generated responses or prompts) are for informational and self-reflection purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Nothing communicated by the AI should be considered medical, psychological, or counseling advice. Always seek the advice of a qualified health provider or counselor with any questions you may have regarding a medical or mental health condition.

6.2 Using Mitwa.ai does not establish any kind of therapist-client, counselor-client, or doctor-patient relationship. You fully acknowledge that Mitwa.ai is an artificial intelligent companion and not professional healthcare. The AI's reflections or suggestions are algorithmically generated and might not apply to your specific circumstances. If you are in therapy or under medical care, you should not ignore or delay professional advice because of something you encountered in Mitwa.ai.

6.3 It is not a substitute for professional help. If you are experiencing high levels of distress, severe mental health symptoms, or conditions that significantly impair your daily functioning, do not rely on Mitwa.ai as your sole support. The app is not recommended for use by individuals with severe or enduring mental health problems that require clinical attention. Mitwa.ai cannot provide a diagnosis or evaluate risks the way a licensed professional can. It can only guide you to explore your own thoughts and feelings.

6.4 While some techniques and questions used by Mitwa.ai may draw on established self-help practices or psychological concepts, Mitwa.ai does not guarantee the accuracy, completeness, or usefulness of any information or suggestions provided. Mitwa.ai (and its AI model) makes no claim or guarantee that using the Service will produce therapeutic benefits or specific outcomes. You are using the Service with the understanding that any actions you take based on information from the AI are taken at your own risk and discretion.

6.5 You agree that you are solely responsible for how you interpret and apply any information from Mitwa.ai. If the AI asks questions or offers perspectives, it is up to you to determine if they are relevant or helpful. If you feel uncertain or troubled by something the AI says, you should consider seeking input from a human professional or someone you trust. Under no circumstances will Mitwa.ai be liable for any decision or action you take (or fail to take) in your life based on your use of the app. You assume all risk for using the Service as a tool for personal insight.

6.6 By agreeing to these Terms, you acknowledge that any reliance on or use of information obtained through Mitwa.ai is at your own discretion and risk. Mitwa.ai and its creators make no representations or warranties that the Service will meet your particular mental health needs or that it will be suitable in all situations. If you require or desire professional counseling, coaching, or medical treatment, you should discontinue or supplement your use of Mitwa.ai and seek those services from qualified providers.

7.1 Do NOT use Mitwa.ai if you are in an emergency or crisis situation. The app is not equipped to handle emergencies, and it cannot contact emergency services for you. Mitwa.ai is not a suicide prevention or crisis intervention service. It is critical that you understand the difference between a companion tool like Mitwa.ai and an emergency resource.

7.2 If you are experiencing a crisis, for example, if you have thoughts of self-harm or suicide, if you feel you are a danger to yourself or others, if you are experiencing abuse, or if you are in any situation that you perceive as an emergency, stop using the app immediately and seek immediate help from qualified people. This could include:

● Calling Emergency Services: Dial your country’s emergency number (such as 911 in the US, 112 in the EU & India, or the appropriate number in your location) to get help right away. Emergency services can dispatch medical or law enforcement assistance as needed.

● Contacting Crisis Hotlines: Reach out to a suicide prevention lifeline or mental health crisis hotline available in your country. For example, in the US you can call or text 988 (the Suicide & Crisis Lifeline), in India you might call a local mental health helpline 14416 (TeleManas), in the UK call 116 123 (Samaritans), etc. Mitwa.ai may provide in-app suggestions of hotline numbers if you express crisis-related keywords, but do not wait for the app to do so, take action yourself to reach professionals.

● Going to the Nearest Hospital or Clinic: If you can do so safely, go to an emergency room or urgent care center, especially if you need immediate medical attention (e.g., in case of overdose, injury, or severe psychiatric distress, etc.).

7.3 Mitwa.ai cannot actively intervene in emergencies. It does not provide crisis counseling. Some messages might prompt the app to encourage you to seek help, but it will not alert any authorities or outside aid on your behalf. Concerning language is not reviewed or assessed by  human operators at Mitwa.ai in real-time. Therefore, it is vital that you do not rely on Mitwa.ai to save you or others in a life-threatening situation.

7.4 By using Mitwa.ai, you agree that you understand the above and that you will not hold Mitwa.ai or its creators responsible for any outcome if you choose to use the app during a crisis instead of seeking real-life help. You also acknowledge that Mitwa.ai explicitly advised you not to use it in such circumstances and to use the appropriate emergency resources.

8.1 All content, software, and materials within the Mitwa.ai app and Service, including but not limited to text, graphics, logos, button icons, images, audio clips, AI model outputs, compilations of user prompts and AI responses, and the design and user interface of the app, are the property of Mitwa.ai (or its licensors) and are protected by intellectual property laws. We retain all rights, title, and interest in and to the Service and its content, including all associated intellectual property rights.

8.2 Subject to your compliance with these Terms and payment of any applicable fees, Mitwa.ai grants you a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable license to install and use the Mitwa.ai app on your personal device(s) and to access the Service solely for your personal, non-commercial use. This license is provided for the sole purpose of enabling you to use and enjoy the Service as intended by these Terms. You may not use the Service for any other purpose. We do not grant you any ownership of any part of the Service; we are only granting you permission to use it under these conditions. Mitwa.ai does not sell the software or application to you; except for the foregoing license, all rights not expressly granted remain with Mitwa.ai and its licensors.

8.3 You may not reproduce, distribute, publicly perform, publicly display, or create derivative works of any part of the Service unless explicitly allowed by us. This includes no scraping or data mining of content from the app, and no use of any trademarks, logos, or service marks displayed in the Service without our prior written consent. “Mitwa.ai”, the Mitwa.ai logo, and any Mitwa.ai product or service names are trademarks of our company. You agree not to use them in any manner likely to cause confusion about whether you or any third party is affiliated with Mitwa.ai.

8.4 Any feedback, suggestions, or ideas you provide to us regarding the Service are completely voluntary, and you grant us a perpetual, royalty-free, worldwide license to use such feedback and ideas in any manner, without any obligation to you, whether for improvement of the Service or otherwise.

8.5 You retain any rights you have in the content you input into Mitwa.ai (for example, the entries or statements about your feelings that you type into the chat). We do not claim ownership of your personal writings. However, by using the Service and inputting content, you grant Mitwa.ai a limited license to use your content for the purpose of operating the Service. This means our system can process, analyse, and temporarily store your text to generate AI responses on your device. This license is necessary for the AI to function and is not an expansion of our rights beyond serving you. We will not publicly display or share your personal conversation content. If you believe any content in the app violates your intellectual property rights, please notify us at our email address support@mitwa.ai. We will investigate and take action in accordance.

9.1 These Terms will remain in full force and effect while you use the Service. You may stop using Mitwa.ai at any time, for any reason. You may also delete your account if you wish to terminate your use completely in accordance with our Privacy Policy.

9.2 We reserve the right to suspend or terminate your access to the Service (or any portion there of) at any time, with or without notice, for any reason, including:
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● Violation of Terms: If you breach any provision of these Terms or violate the spirit of acceptable use, we may deactivate or delete your account and all associated data (subject to our data retention policies and Privacy Policy). In less severe cases, we may suspend your use temporarily and provide you an opportunity to correct the issue, at our discretion.

● Required by Law: If we are required by law enforcement or other authorities to terminate access (for example, due to illegal conduct, court orders, or regulatory requirements), we will comply.

● Security or Risk Issues: If your account is compromised or you use the Service in a manner that poses a security risk, we may suspend or terminate access to protect the system or other users.

● Discontinuation of Service: If we decide to cease offering the Service entirely, we may terminate all accounts with appropriate notice, as described earlier in these Terms.

● Purchase Reversal / Invalid Purchase: If access to Purchased Features was granted based on a purchase that is later reversed, refunded, charged back, found to be fraudulent, or otherwise determined to be invalid by the app marketplace or payment provider, we may suspend or remove access to those Purchased Features. If access is removed due to a marketplace refund or reversal, any refund will be handled by the marketplace under its policies, except where required by applicable law.

9.3 Upon termination of your account for any reason, your right to use the Service will immediately cease. You must delete or uninstall any copies of the app in your possession. Any data associated with your account will be handled in accordance with our Privacy Policy. However, certain provisions of these Terms will survive termination. Specifically, sections relating to intellectual property, disclaimers of warranty, limitation of liability, indemnification, governing law and dispute resolution, and any other clauses that by their nature are intended to survive, will remain in full force and effect even after your access to the Service ends.

9.4 If we terminate your account and you believe the termination was in error or wish to appeal, you may contact our support team to request reconsideration. While we are not obligated to reinstate an account terminated for violations of these Terms, we will review requests on a case-by-case basis at our discretion. Termination by either you or us does not relieve you of any liability or obligation incurred prior to termination. For example, if you owe any outstanding fees or are involved in a legal dispute related to your use of the Service at the time of termination, those obligations will continue to apply.

10.1 The Service may include references to phone numbers, resources, or external services (for example, providing a phone number for a crisis hotline). Mitwa.ai does not own, operate, or control these third-party services and is not responsible for their content, availability, accuracy, or any outcomes resulting from your use of them. The inclusion of such references does not constitute an endorsement or recommendation. We disclaim any responsibility for third-party websites, information, materials, products, or services that may be accessed through the Service.

10.2 If you choose to access or engage with any third-party service through Mitwa.ai, you do so entirely at your own risk. Any transaction, communication, or interaction you have with such third parties is solely between you and the respective third party. Mitwa.ai will not be liable for any loss, damage, or harm of any kind incurred as a result of such dealings or as a result of the presence of third-party links, references, or services within the app.

10.3 Additionally, if you downloaded the Mitwa.ai app via a third-party platform (such as Apple App Store), you acknowledge that:

● This agreement is between you and Mitwa.ai, not with the platform provider. The platform provider (Apple, etc.) is not responsible for the app’s content or operation.

● The platform provider has no obligation to provide any maintenance or support for the app. Any issues should be directed to us, not Apple.

● In the event of any failure of the app to conform to any applicable warranty (if any warranty is implied by law), you may notify the app store provider (e.g., Apple) and they may refund the purchase price (if applicable) for the app to you; and to the maximum extent permitted by law, the platform provider will have no other warranty obligation whatsoever.

● The platform provider is not responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including (but not limited to) product liability claims, any claim that the app fails to conform to any legal or regulatory requirement, or claims under consumer protection or similar legislation.

● The platform provider is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app or your use of it infringes someone’s intellectual property rights.

● You must also comply with all applicable third-party terms of service when using the app (for example, the app store’s usage rules). Your license to use the app is conditioned upon your compliance with those rules as well.

11.1 Your privacy and the security of your personal data are of paramount importance to Mitwa.ai. The collection, storage, processing, and transfer of your personal information, including any data generated through your interactions with the Bloom AI model, are governed exclusively by our Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Service, you acknowledge that you have read and understood the Privacy Policy and agree to the data practices described therein.

12.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE INDIAN LAWS AND ANY OTHER LAW OF OTHER JURISDICTIONS, INCLUDING THE INFORMATION TECHNOLOGY ACT, 2000, AND THE CONSUMER PROTECTION ACT, 2019, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MITWA.AI, ALONG WITH ITS AFFILIATES AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DO WE WARRANT THAT ANY CONTENT OR DATA PROVIDED BY YOU WILL BE SECURE OR IMMUNE FROM LOSS, CORRUPTION, OR ALTERATION.

12.2 You acknowledge and agree that the Service utilises an artificial intelligence model and that any use of the outputs generated by the Service is at your sole and exclusive risk. You understand that AI-generated content may be inaccurate, incomplete, biased, or subject to hallucinations, and you agree that you will not rely on such output as a sole source of truth or factual information. The Service is a self-improvement tool and is not a substitute for professional medical, psychological, legal, or financial advice. Mitwa.ai hereby disclaims all liability for any decisions made, actions taken, or omissions made by you in reliance on the dialogue or suggestions provided by the AI.

12.3 Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited under the Consumer Protection Act, 2019, or any other mandatory provision of Indian law or other applicable jurisdictions. In jurisdictions where the exclusion of certain warranties is prohibited, our liability and the scope of our warranties shall be limited to the maximum extent permitted by the laws of such jurisdiction. You acknowledge that this disclaimer of warranties is a fundamental element of the agreement between you and Mitwa.ai and that the Service would not be provided to you without such limitations.

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN INDIA OR ANY OTHER JURISDICTION, NEITHER MITWA.AI NOR ANY OF ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MITWA.AI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT AS A PERSONAL GROWTH AND WELL-BEING COMPANION, THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND MITWA.AI IS NOT LIABLE FOR ANY PSYCHOLOGICAL OR EMOTIONAL DISTRESS, OR ANY PERSONAL DECISIONS RESULTING FROM YOUR INTERACTION WITH THE AI.

13.2 Our total aggregate liability for all claims arising out of or relating to these Terms or your use of the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of: (i) the total amount paid by you to Mitwa.ai for the Service during the six (6) months immediately preceding the event giving rise to the liability. This limitation of liability is cumulative and not per-incident, and the existence of more than one claim will not enlarge this limit.

13.3 Certain provisions of law in India or other jurisdictions may not allow the limitation or exclusion of liability for certain types of damages, such as death or personal injury resulting from gross negligence or wilful misconduct. In such instances, the limitations set forth in this Section shall apply only to the maximum extent permissible under applicable law. If any part of this limitation is found to be invalid or unenforceable for any reason, the total liability of Mitwa.ai shall be limited to the fullest extent permitted by the laws of your country of residence or the applicable jurisdiction.

13.4 You acknowledge and agree that our affiliates, suppliers, licensors (including providers of the underlying AI models), and distributors are intended third-party beneficiaries of this Section. This means they have the right to enforce the protections and limitations of liability set forth herein directly against you, as if they were parties to these Terms.

14.1 You agree to indemnify, defend, and hold harmless Mitwa.ai, its subsidiaries, affiliates, and their respective officers, directors, agents, partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your infringement of any intellectual property or other right of any third party; or (d) any harmful content or data uploaded or transmitted by you through the Service.

14.2 If you are using the Service on behalf of a business, corporation, or organization, to the maximum extent permitted by the laws of India or any other applicable jurisdiction, you agree to indemnify and hold harmless the Indemnified Parties from and against any costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) resulting from third-party claims arising out of or relating to: (a) the organization’s use of the Service and its AI-generated content; (b) any breach of these Terms by the organization’s authorized users; or (c) any violation of applicable laws or regulations in connection with the organization’s account.

14.3 Mitwa.ai reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Mitwa.ai. Mitwa.ai will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India. You acknowledge that if you reside in a jurisdiction where local consumer protection laws mandate that certain contracts be governed by the laws of your country of residence, those mandatory provisions shall apply only to the extent required by such law.

15.2 In the event of any controversy, claim, or dispute arising out of or relating to these Terms, you agree to first attempt to resolve the matter informally by contacting our support team at support@mitwa.ai. Both parties agree to engage in good-faith negotiations for a period of no less than thirty (30) days before initiating any formal legal proceedings. This process shall be a condition precedent to filing any claim in a court of law.

15.3 Subject to the resolution process described in clause 15.2, you and Mitwa.ai agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of competent jurisdiction located in Mumbai, India. Both parties hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on jurisdiction.

15.4 If you are an individual consumer residing in the European Union, the United Kingdom, or any other jurisdiction that grants mandatory statutory rights, nothing in these Terms shall limit your right to rely on the mandatory consumer protection laws of your home country. In such cases, you may be entitled to bring a claim in your local courts as permitted by applicable international treaties or local statutes.

16.1 Mitwa.ai reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time to reflect changes in the law, regulatory requirements, technological advancements, or the evolving nature of the Service. The most current version of these Terms will always be posted within the application and on our official website. It is your responsibility to review these Terms periodically for any changes.

16.2 For amendments that materially and adversely affect your legal rights or obligations, Mitwa.ai will endeavour to provide at least thirty (30) days’ advance notice via email or a prominent in-app notification. Minor changes, such as typographical corrections, clarifications, or administrative updates that do not materially alter the contractual relationship, may be implemented immediately without prior notice.

16.3 Your continued access to or use of the Service following the posting of any revised Terms constitutes your unconditional and binding acceptance of the amended agreement. If you do not agree to the updated Terms, your sole and exclusive remedy is to discontinue use of the Service and delete the application from your device immediately.

16.4 Any one-time in-app purchase completed prior to an amendment remains subject to the Terms as updated from time to time. You acknowledge that your purchase grants you a license to use the Service as it exists at the time of access, and Mitwa.ai does not guarantee that the features available at the time of purchase will remain unchanged in perpetuity. Refund requests resulting from a disagreement with updated Terms are governed by the policies of the respective App Marketplace (e.g., Apple App Store).

16.5 The termination of your account or your cessation of use of the Service shall not release you from any obligations or liabilities incurred before such termination. Provisions which by their nature should survive termination, including but not limited to Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law and Dispute Resolution, shall remain in full force and effect following the termination of this agreement.

17.1 You shall not assign, sublicense, or transfer any of your rights or obligations under these Terms to any third party. Any attempt to do so shall be null and void. Mitwa.ai reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, to any affiliate, subsidiary, or successor in interest, including in the event of a merger, acquisition, or sale of assets, without requiring your prior consent.

17.2 As we continuously evolve the Service and the underlying AI model, we reserve the right to modify these Terms or the Service at any time. Changes may occur due to: (a) updates in applicable laws or regulatory requirements; (b) technical, security, or safety imperatives; (c) circumstances beyond our reasonable control; or (d) standard product development and new technological integrations. For material changes that adversely affect your rights, we will provide at least thirty (30) days’ advance notice via email or an in-app notification. All other modifications are effective immediately upon posting. Your continued use of the Service following the effective date of any changes constitutes your binding acceptance of the revised Terms.

17.3 If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. No failure or delay by Mitwa.ai in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

17.4 You agree to comply with all applicable trade, sanctions, and export control laws. The Service may not be accessed or used by: (a) any individual located in a country or territory subject to comprehensive government sanctions or embargoes; or (b) any individual or entity restricted under applicable trade laws. You represent and warrant that your use of the Service, including any data or “Input” provided by you, does not violate these controls and does not require a government license for release or export.

17.5 These Terms, together with our Privacy Policy and any specific purchase terms presented at the time of transaction, constitute the entire agreement between you and Mitwa.ai regarding the Service. These Terms supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written, between the parties.

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at support@mitwa.ai. We will do our best to respond in a timely manner. For more information about how Mitwa.ai works and tips for using it safely, you can refer to our FAQs or help resources within the app or on our website.

Thank you for choosing Mitwa.ai as your personal growth companion. We hope Mitwa.ai provides you with a warm and insightful space for self-reflection. Remember, while Mitwa.ai can assist you on your journey, your well-being is ultimately in your hands. Use the app responsibly, stay mindful of its limits, and never hesitate to seek human help when you need it. Enjoy your journey with Mitwa.ai.