Terms of Service

Last Updated: October 26, 2024

Welcome to Harmoni AI! We aim to enhance self-understanding and streamline mental health services through our AI-powered assessment and clinic management platform.

These Terms of Service ("Terms") govern your use of Harmoni AI, a platform owned by SparkMint Limited ("Harmoni AI," "Company," "We," "Our," "Us"), which includes our website, applications, podcasts, assessments, clinic tools, and all related widgets, data, software, and other services provided by us (the "Services").

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the "Agreement") between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use the Services.

No Therapy Services or Medical Advice

Important: Harmoni AI does not provide therapy services, medical advice, diagnosis, or treatment. We do not engage in the practice of medicine or any licensed mental health profession. The Services, including assessments, insights, and podcasts, are provided for educational, informational, and self-reflection purposes only.

Do not rely on any information provided through the Services as a substitute for professional medical or mental health advice from a qualified provider. While our content may discuss mental health topics, we make no warranty regarding its accuracy, completeness, or applicability to your specific situation. Using the Services does not establish a doctor-patient or therapist-client relationship.

The Clinic Platform features (like transcription, summarization, and treatment planning tools) are intended to assist qualified professionals and are not substitutes for professional judgment. Professionals using these tools are solely responsible for their clinical decisions and compliance with ethical and legal standards.

Reliance on any information provided by Harmoni AI is solely at your own risk. If you think you may have a medical or mental health emergency, call your doctor or emergency services immediately.

Acceptance of Terms of Service

Please read these Terms and our Privacy Policy carefully. By accessing, browsing, using, registering for, or attempting to interact with any part of the Services, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not access or use the Services.

Eligibility

The Services are intended only for access and use by individuals who are at least eighteen (18) years old. By accessing or using the Services, you warrant and represent that you are at least 18 years old and have the full legal capacity to enter into this Agreement.

Changes to Terms of Service

We reserve the right to change, alter, replace, or otherwise modify these Terms at any time. The date of the last modification is indicated at the top of this document. We may provide notice of material changes, such as by posting a notice on our website or sending an email to registered users. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Description of the Services

Harmoni AI offers a suite of services including:

  • Self-serve assessments (personality, psychiatric evaluations, etc.).
  • AI-powered analysis and insights based on assessments.
  • Personalized and connection-based companion podcasts.
  • A Clinic Platform for professionals featuring client management, automated assessments, AI transcription/summarization, and treatment plan tools.

We may release new features, tools, or versions of the Services from time to time, which will be subject to these Terms.

Your Harmoni AI Account

You may need to register for an account to access certain features. You agree to provide accurate and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach. We handle account information according to our Privacy Policy.

We reserve the right to suspend or terminate accounts for violations of these Terms or applicable laws.

Payment and Refund Policy

Certain Services may require payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Payments are processed through secure third-party payment processors. You agree to pay all charges at the prices then in effect for your purchases and authorize us (through our payment processors) to charge your chosen payment provider.

As stated in our FAQ, We offer a 14 day money back guarantee. Please contact our support at support@sparkmint.xyz to request a refund. All refunds are only returned to the payment method used and will be initiated within 48 hours of request.

Changes to the Services and Pricing

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We may also change the features or pricing of our Services. For significant changes affecting registered users, we will endeavor to provide reasonable notice.

Your Use of the Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable license to use the Services for their intended purposes.

This license is conditional upon your adherence to the following:

  • You must not copy, rip, capture, record, distribute, modify, or create derivative works from any content provided through the Services (including assessment text, insights, and podcast audio) beyond the intended sharing or download features provided.
  • You must not use scraping, data mining, or similar techniques to extract data or content.
  • You must not remove or alter any copyright, trademark, or proprietary notices.
  • You must not reverse engineer, decompile, or attempt to discover the source code of the Services.
  • You must not interfere with or disrupt the Services or its servers/networks.
  • You must not use the Services for any illegal or unauthorized purpose.
  • You must not upload or transmit viruses, malware, or other harmful code.
  • You must not use the Services to harass, abuse, defame, or harm others, or to upload offensive, obscene, or objectionable content.
  • You must not impersonate others or misrepresent your affiliation.
  • Professionals using the Clinic Platform must ensure they have obtained all necessary consents from their clients before entering or processing client data, especially for features like transcription.

Violation of these conditions may result in termination of your account and potential legal action.

Intellectual Property Rights

The Services and all their contents, features, and functionality (including text, graphics, logos, icons, images, audio clips, podcasts, software, assessments, and AI-generated insights) are owned by SparkMint Limited, its licensors, or other providers and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Harmoni AI name and logo are trademarks of SparkMint Limited. You must not use these marks without prior written permission.

These Terms permit you personal, non-commercial use of the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display/perform, republish, download (except where explicitly enabled), store, or transmit any material from our Services without our express permission, except for limited caching by your browser or personal downloads/prints where permitted.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). Please include:

  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  • Your contact information (address, telephone number, email).
  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • Your physical or electronic signature.

Send Notifications to: support@sparkmint.xyz

Content Disclaimer

Content available through the Services (assessments, insights, podcasts, articles, etc.) is for informational and educational purposes only. While we strive for accuracy, we cannot guarantee the completeness, timeliness, or accuracy of any Content. Opinions or advice expressed are not necessarily endorsed by Harmoni AI. AI-generated content, while based on data and algorithms, should be viewed as a tool for reflection, not definitive truth.

Data Protection and Privacy

All personal data you provide is collected, stored, used, and disclosed according to our Privacy Policy. By using the Services, you consent to the data practices described therein.

Third-Party Websites and Services

The Services may contain links to or integrations with third-party websites or services (e.g., payment processors). We are not responsible for the content, operation, or privacy practices of these external services. Your use of third-party services is at your own risk and subject to their terms and policies.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPARKMINT LIMITED DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT, INSIGHTS, OR RESULTS OBTAINED THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT AI SYSTEMS MAY PRODUCE INACCURATE OR UNEXPECTED OUTPUTS AND THAT RELIANCE ON AI-GENERATED CONTENT (INCLUDING PODCASTS, SUMMARIES, OR INSIGHTS) IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKMINT LIMITED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD) OR THE EQUIVALENT IN KENYAN SHILLINGS.

Indemnification

You agree to defend, indemnify, and hold harmless SparkMint Limited, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including any use of the Service's content other than as expressly authorized in these Terms.

Applicable Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Kenya, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the courts of Nairobi, Kenya. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Termination

We may terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason, including violation of these Terms.

You may terminate your account at any time by contacting us at support@sparkmint.xyz or using account deletion features if available. Upon termination, your right to use the Services will cease immediately. Certain provisions (like Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Applicable Law) will survive termination.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and SparkMint Limited regarding the Services and supersede all prior understandings, agreements, representations, and warranties, both written and oral.

Contact Information

If you have any questions about these Terms of Service, please contact us:

SparkMint Limited
Nairobi, Kenya
Email: support@sparkmint.xyz