Terms of Service

Flect is an application developed for mobile devices that provides Users with psychological advice and recommendations on the ChatGPT platform in conversational mode in a dialogue format with artificial intelligence. When using the Application, the User has the opportunity to take tests to determine his mental state, conduct dialogues with artificial intelligence, follow recommendations to increase positivity and find ways to achieve life goals.

Flect is hereinafter referred to as “Flect” or “App” or “Flect App”.

This document, the Terms of Service (hereinafter — the “Terms”), outlines the terms regarding the procedures and principles of your use of the Flect App.

User — is an individual who has reached the age of majority established by the laws of a particular state separately, using the Flect App in the United States, who has read this Privacy Policy and the Terms of Service and has agreed to accept the terms of such documents.

Below in the text, we use the address “you” to Users.

The use of the Flect is possible for adult US citizens.

Flect App Inc. — is the legal entity registered at 561 Applewood Court, Howell Township, NJ 07731, which owns the rights to the Flect App.

ChatGPT — is a generative AI chatbot developed by OpenAI that is conversational and supports queries in natural languages. The ChatGPT is capable of answering questions and generating texts in different languages related to various subject areas.

Services — a set of services and opportunities provided to the User when using the Flect App.

An Account — is a set of data about the User stored in a computer system of Flect App Inc., necessary for his identification (authentication), providing access to the Flect App and receiving Services.

1. Please note

1. Flect does not provide medical services and does not replace consultation with a continental specialist, including a psychologist or psychiatrist.
2. Flect is not intended for use by people who have a combination of abnormal thoughts, emotions and behaviors directed at themselves or those around them.
3. Flect is not intended for use by people with suicidal thoughts or tendencies, crises or serious mental disorders.
4. Flect cannot be used by you in an emergency or stressful situation, when you are in a state of passion, aggression, panic or panic attack, and other cases in which you have a partial or temporary impairment of mental health or a change in consciousness.
5. Flect does not diagnose or in any way involve treatment for any disease, including mental illness.
6. Flect is based on AI, therefore the recommendations provided in the App cannot take into account all the individual characteristics of the User.
7. Responsibility for the interpretation and application of advice received in Flect lies solely with the User. Recommendations received in Flect are for informational purposes only and are used by the User at his own discretion.
8. Flect does not guarantee the achievement of any result when using the Application, that is, it does not undertake any obligation to improve your mental, physical, emotional or other state, but provides recommendations to increase your positivity and find ways to achieve life goals.
9. The use of the Flect is possible for US citizens who are over 18 years of age. You are required to indicate your real age when registering in the Flect App (age verification procedures are specified in the Privacy Policy). If you are under 18 years of age, you may not use the Flect App.
10. Flect Services are provided in the United States. The Flect App is only available in online app stores in the US.
11. By using and accessing the Services, you understand and consent to the storage of any information in the United States.
12. Flect App Inc. is not responsible for any possible consequences arising from the use by the User of recommendations in the Flect App.
13. The use of the Flect App is limited by the capabilities of the API, so the Flect can’t be available in the event of technical failures.
14. All exclusive copyrights in Flect’s responses to dialogs with Users, in Flect’s recommendations to Users, in Flect’s texts, analytics and other Flect’s results obtained using artificial intelligence through ChatGPT are owned by Flect App Inc. Data collected by Flect in the course of conversations with you, your responses and other information collected from you (but not personal data under the Privacy Policy) is collected by Flect and used in an anonymized form for further development and refinement of the Flect App.
15. It is forbidden to create an analog or copy of the Flect App, to copy texts, tests, recommendations, to use methodologies and other principles of the Flect App, and other actions that infringe the copyright on the Flect App.

2. Privacy

In order to operate and provide the Flect, we collect certain information about you. We use and protect this information in the manner and terms contained in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Flect collects, stores, and uses information about you.

Privacy Policy is posted here: getflect.app/privacy.

3. Your account

To use Flect you must obtain an Account. Creation of an Account is carried out by filling out a form during initial registration.

When you filling out the registration form, you provide personal data, which is subject to mandatory protection under the Privacy Policy.

When registering in this application you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.

When you create an account with Flect, we collect information about you as described in the Privacy Policy.

Registration will be successful and you will create an Account with Flect only when you provide the information required at registration:

• First name;
• Contact phone number;
• Electronic mail (e-mail) address;
• Date of birth;
• User’s photo.

Flect will only create your account if you has reached the age of majority. If you are not yet of legal age according to the date of birth specified during registration, an Account will not be created and you will not be able to use the Flect App.

To access your Account, you need the login and password that you specified when registering your Account. The password is stored in encrypted form to ensure its security.

Only you may use your account. Each user must have a separate account. You can’t share, lend or transfer your Account password.

If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact Flect support by email support@getflect.app.

4. Consent to electronic communications and solicitation

By registering with Flect, you understand and agree that we will send you at our discretion in any way (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding products and services; other information.

You may unsubscribe from commercial content at any time by email support@getflect.app.

5. Account deletion policy

Flect can decide to delete your Account to stop using Flect at any time in the following cases:

• You are violating these Terms or other documents that you have read and agreed to comply with;
• You have provided false information about yourself, distorted personal data, including your age;
• We must do so to comply with the law;
• If the Account deletion is required specifically in your case at the request of the court, regulatory authority, police and others;
• Your use of the Flect may pose a risk or endanger your health, our users, our company, or anyone else. For example, in case where you have thoughts about committing a crime, about violating the rights and freedoms of citizens, and other cases at the discretion of the Flect.

If you believe we have suspended or terminated your account in error, you can file an appeal with us by email support@getflect.app.

If your Account is deleted, you will no longer be able to access the Flect App.

6. Acceptable use policy

You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Flect and/or to build a similar service or website, including ChatGPT.

You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to, and/or cause Flect to, violate any law or distribute any malware; (g) use Flect to communicate any message or material that is defamatory, disseminate, publish or share illegal information that harms others; (h) use the Flect in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information illegally or without permission; (j) distribute, post, or share illegal content or content that causes harm to others; (k) use the Flect to disseminate or promote terrorism or terrorist activities; or (l) use the Flect to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s) and/or as defined by domestic and public international laws and/or other legal norms. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Flect.

You also agree that if you learn of any unauthorized or unacceptable use of any account or the Flect App, you will promptly contact Flect Support by email support@getflect.app and take all reasonable steps to cooperate with Flect and assist in the termination of such use.

7. No warranty on the part of Flect

Other than as expressly stated, we do not make any obligation regarding the specific purpose, results and procedure for providing the Flect App, their reliability, availability, or ability to meet your needs.

Our services are provided “as is.” Except to the extent prohibited by law, we and our affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the services, and disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.

You accept and agree that any use of outputs from our service is at your sole risk and you will not rely on output as a sole source of truth or factual information, or as a substitute for professional advice.

Neither we nor any of our affiliates will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under one hundred dollars ($100).

Some states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

8. Appeals

If you suspect or sure that the actions of Flect App Inc. violate your rights or interests, you have the right to file a complaint with us by email support@getflect.app.

We will take all possible measures to resolve all disagreements and resolve your issues.

Depending on the state in which you live, the process for appealing our controller actions may vary, so you should consider the laws of your particular state.

9. Paid services

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method.

For paid long-term subscriptions without a time limit, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If you have not received payment for paid Services or subscriptions, access to paid Services may be suspended until payment is received from you.

We may change our prices from time to time. If we increase our subscription prices, will notify you in advance and any price change will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

10. Additional terms

These Terms apply to the maximum extent permitted by relevant law. If any authorized government agency holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect.

We may assign, transfer, or otherwise dispose our rights and obligations under this Terms, in whole or in part, at any time without notice. You may not assign this Terms or transfer any rights to use the Flect, unless we provide written consent for you to do so.

11. Changes to these terms

We reserve the right to modify these Terms. We will post the most current version of these Terms. If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by email support@getflect.app.

Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms. You may also receive supplemental terms which apply specifically to you and amend these Terms as well as any subsequently published version of these Terms. In the event of a conflict between those supplemental terms and these Terms, the supplemental terms will take precedence and govern to the extent of the conflict.

Postal address: The Green Ste A, Dover, Kent, 19901, USA.