Terms of Use

Effective Date: July 15, 2025 Last Updated: July 15, 2025

Important Legal Notice: This Terms of Use document is a comprehensive draft designed to provide robust legal protection. However, it is imperative that this document be reviewed and approved by a qualified attorney specializing in technology and healthcare law in your specific jurisdiction(s) before implementation. This draft is for informational purposes and does not constitute legal advice.

1. Acceptance of Terms and Binding Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “I AGREE,” CHECKING A BOX INDICATING YOUR ACCEPTANCE, OR OTHERWISE ACCESSING OR USING THE MY WELLNESS SCOUT WEBSITE (WWW.MYWELLNESSCOUT.COM) AND SCOUT PLATFORM (COLLECTIVELY, THE “SERVICE”), YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH MY WELLNESS SCOUT (“WE,” “US,” OR “COMPANY”).

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

These Terms of Use (“Terms”) govern your access to and use of the Service. They constitute a legally binding agreement between you and My Wellness Scout.

2. Critical Mental Health Disclaimers

2.1 Not Professional Medical Advice

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SCOUT is an AI-powered wellness companion designed solely to complement, not replace, professional therapy, counseling, or medical treatment. It provides general wellness support and information for educational purposes only.

2.2 Emergency Situations

IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, SUICIDAL THOUGHTS, OR ANY MEDICAL EMERGENCY, IMMEDIATELY CONTACT EMERGENCY SERVICES OR A QUALIFIED PROFESSIONAL.

  • United States: Call 911
  • United Kingdom: Call 999
  • European Union: Call 112
  • Crisis Hotlines:

2.3 Limitations of AI

  • SCOUT uses artificial intelligence, which is a developing technology. While designed to be helpful, AI may provide inaccurate, inappropriate, or harmful responses.
  • AI responses are not guaranteed to be medically accurate, therapeutically appropriate, or free from errors.
  • You use AI-generated content at your own risk. We do not control or guarantee the accuracy, completeness, or safety of AI-generated content.
  • Always consult qualified mental health professionals for serious concerns or before making any decisions based on information from the Service.

3. Service Description and Modifications

3.1 Current Service

We currently provide:

  • SCOUT AI wellness companion
  • Wellness library and resources
  • Guided breathing and grounding exercises
  • Weekly blog content

3.2 Right to Modify

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service at any time.
  • Change pricing, introduce fees, or modify subscription plans.
  • Update features, functionality, or user interface.
  • Impose usage limits or access restrictions.
  • Terminate the Service entirely.

3.3 Future Paid Services and Updates to Terms

The Service may transition from free to paid, or introduce premium features. We will provide clear and conspicuous advance notice of any material changes to the Service, including pricing changes or significant modifications to these Terms. For such material changes, your continued use of the Service after receiving notice and affirmatively re-accepting the updated Terms (e.g., by clicking “I Agree” to a new version of these Terms) will constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to discontinue use of the Service and terminate your account.

4. User Accounts and Registration

4.1 Account Creation

  • You must provide accurate and complete registration information.
  • You are responsible for maintaining the security and confidentiality of your account credentials.
  • You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you are 18 years of age or older.
  • Only one account is permitted per person.

4.2 Account Termination

We may terminate or suspend your account at any time, with or without cause, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms.
  • Inappropriate or prohibited use of the Service.
  • Technical or business reasons.
  • At our sole discretion.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service only for:

  • Personal wellness and mental health support.
  • Lawful purposes.
  • Accessing content and features as intended.

5.2 Prohibited Uses

You may not:

  • Use the Service for any illegal activities.
  • Attempt to harm, harass, or threaten others.
  • Share content that is violent, hateful, discriminatory, or otherwise objectionable.
  • Attempt to reverse engineer, decompile, hack, or otherwise compromise the Service or its underlying technology.
  • Use automated tools (e.g., bots, scrapers) to access or interact with the Service.
  • Impersonate others or provide false information.
  • Share your account credentials with others.
  • Use the Service to provide therapy, medical advice, or professional services to others.
  • Attempt to circumvent any security measures or access restrictions.
  • Violate any applicable local, state, national, or international laws or regulations.

5.3 Content Guidelines

When interacting with SCOUT or using the Service:

  • Do not share illegal content.
  • Respect others’ privacy and rights.
  • Do not attempt to manipulate or “jailbreak” the AI.
  • Report any concerning AI responses to us immediately.

6. Intellectual Property Rights

6.1 Our Content

All content, features, and functionality of the Service are owned by My Wellness Scout or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes:

  • SCOUT AI responses and algorithms.
  • Website design and user interface.
  • Blog posts, articles, and wellness resources.
  • Logos, trademarks, and branding.

6.2 Your Content

You retain ownership of your personal information and messages you share with SCOUT. However, by using the Service, you grant us:

  • The right to process your content to provide the Service (e.g., sending your chat messages to Anthropic’s Claude API for response generation).
  • The right to use your feedback to enhance the Service (e.g., for UI/UX improvements, identifying common user needs for content development).
  • IMPORTANT: My Wellness Scout does NOT use any of your chat data, Self Discover Center assessment data, or any other personal data (including aggregated or anonymized data derived from them) to train Large Language Models (LLMs) or to contribute to the training of third-party LLMs (like Anthropic’s general models). Your data is used solely for the purpose of providing the immediate Service to you as described in our Privacy Policy.

6.3 Third-Party Content

Some content or components within the Service may be licensed from third parties and are subject to separate terms and intellectual property rights.

7. Privacy and Data

Your privacy is paramount to us. Your privacy is governed by our Privacy Policy, which is incorporated by reference into these Terms. By accepting these Terms and using the Service, you explicitly consent to the collection, use, and disclosure of your data as described in the Privacy Policy. We strongly encourage you to review our Privacy Policy at www.mywellnessscout.com/privacy-policy for detailed information on our data practices, including:

  • What information we collect, including chat communications and Self Discover Center data.
  • How we use your information, explicitly stating that we do not use any data to train LLMs.
  • How we share information with third-party service providers (e.g., Anthropic), and our commitment to robust contractual agreements (Data Processing Agreements) with them to ensure your data is protected and not used for their own LLM training or other independent purposes.
  • Our data security measures, including encryption of data in transit and at rest, and regular security audits.
  • Your rights regarding your data, including access, correction, and deletion.
  • Our commitment to complying with applicable US state-specific health data privacy laws and global regulations like GDPR.

8. Disclaimers and Limitation of Liability

8.1 Service Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to:

  • Implied warranties of merchantability and fitness for a particular purpose.
  • Accuracy, completeness, or reliability of content.
  • Uninterrupted or error-free operation.
  • Security of data transmission or storage.
  • Therapeutic effectiveness or specific mental health outcomes.

8.2 AI-Specific Disclaimers

  • AI responses may be inaccurate, inappropriate, or harmful.
  • We do not control or guarantee AI-generated content.
  • AI technology is evolving and may produce unexpected results.
  • You assume all risk from AI interactions.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY WELLNESS SCOUT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED A REASONABLE AMOUNT, NOT TO EXCEED [e.g., $500] OR THE TOTAL FEES PAID BY YOU TO MY WELLNESS SCOUT IN THE PRECEDING TWELVE (12) MONTHS, WHICHEVER IS GREATER. (Note: This cap should be reviewed with legal counsel and aligned with your insurance coverage to ensure it is reasonable and defensible in your specific context.)

We are not liable for:

  • Personal injury, emotional distress, or mental health impacts arising from your use of the Service.
  • Third-party actions or content.
  • Data loss, service interruptions, or security breaches.

8.4 Mental Health Liability Limitation

WE ARE NOT LIABLE FOR:

  • Your reliance on AI-generated mental health advice.
  • Your failure to seek appropriate professional help.
  • Mental health crises or emergencies.
  • Therapeutic outcomes or lack thereof.
  • Any harm resulting from your use of the Service.

9. Indemnification

You agree to indemnify, defend, and hold harmless My Wellness Scout, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or relating to:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any third-party rights.
  • Any content you submit or share through the Service.
  • Your reliance on AI-generated content.

10. Dispute Resolution and Arbitration

10.1 Mandatory Arbitration

EXCEPT FOR SMALL CLAIMS COURT MATTERS (CLAIMS UNDER $10,000), INTELLECTUAL PROPERTY DISPUTES, OR REQUESTS FOR INJUNCTIVE RELIEF, ALL DISPUTES ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT. This agreement to arbitrate is governed by the Federal Arbitration Act.

10.2 Arbitration Procedures

  • Arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
  • A single arbitrator will decide the dispute.
  • The arbitration will take place in Ohio, United States, or, at your election, via teleconference or online.
  • Each party will pay their own attorney fees unless otherwise awarded by the arbitrator in accordance with applicable law.

10.3 Class Action Waiver

YOU AND MY WELLNESS SCOUT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS OF ANY KIND AGAINST US.

10.4 Governing Law

These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of law principles.

Note for EU Users: For users located in the European Union, mandatory arbitration clauses and class action waivers may not be enforceable under EU consumer protection laws (e.g., the Unfair Contract Terms Directive). In such cases, you may retain your right to pursue legal action in national courts and participate in collective redress mechanisms.

11. General Legal Provisions

11.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between you and My Wellness Scout regarding the Service, superseding any prior agreements or understandings.

11.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision later.

11.4 Assignment

We may assign these Terms, and our rights and obligations hereunder, to any party at any time without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.

11.5 Survival

Provisions that, by their nature, should survive termination of these Terms (including, but not limited to, disclaimers, limitation of liability, indemnification, intellectual property rights, and dispute resolution clauses) will continue to apply after termination.

12. Contact Information

For questions about these Terms or to exercise your rights, please contact us: Email: privacy@mywellnessscout.com Address: 946 Balsam Wood Ln. Lebanon, OH 45036 Legal Notices: Patrick Doyle Response Time: We will respond to legal and privacy requests within 30 days.

13. Updates to Terms

We may update these Terms at any time by posting revised Terms on our website. For material changes, we will provide clear and conspicuous advance notice as described in Section 3.3. Your continued use of the Service after such notice and affirmative re-acceptance constitutes your agreement to the updated Terms.