SEEN:app Terms of Service

In these Terms, "SEEN:app" or "the Service" means the application and related services; "Company," "we," "us," and "our" mean Seen Place, LLC, a Michigan company; "you" means the user; "Fathom" or "Fathom Kairos" is the AI companion within the Service.

1. Acceptance of These Terms

By creating an account or using SEEN:app, you agree to these Terms of Service and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

SEEN:app is intended for users aged 13 and older. By using the Service, you represent that you are at least 13. If you are under the age of majority where you live, you should review these Terms with a parent or guardian.

3. What SEEN:app Is

SEEN:app is a personal journaling and reflection tool. It uses AI to generate reflections that help you notice and process your own thoughts. It is a space for self-reflection, and nothing more than that.

SEEN:app is not a medical device, a healthcare service, a mental-health treatment, a therapy or counseling service, or a provider of professional advice of any kind. Using SEEN:app does not create a therapist-client, physician-patient, counselor, advisory, fiduciary, or other professional relationship between you and the Company, or between you and Fathom.

4. Your Content and Rights

• You own all content you create in SEEN:app.
• Your journal entries are stored encrypted on your device. Your account profile and preferences sync to a secure cloud database, as described in the Privacy Policy.
• You can export your data, and you can delete your account and associated data, at any time.
• Uninstalling the app removes the entries stored on your device. Account data stored in the cloud is removed when you use the in-app delete option or request deletion, as described in the Privacy Policy.

5. Fathom Is a Companion, Not a Professional

Fathom is an artificial-intelligence companion that generates reflections and responses using automated language models. Fathom is software. It is not a person, a licensed professional, a counselor, or a substitute for one.

You understand and agree that:

• Fathom can be wrong. Its responses are generated by AI and may be inaccurate, incomplete, out of context, or inappropriate for your situation. Fathom does not understand your life the way a person does, and it cannot exercise professional judgment.
• Fathom is not advice. Nothing Fathom says is medical, psychological, legal, financial, spiritual, or professional advice, and it should not be relied on as such. It is a prompt for your own reflection, not a recommendation to act.
• Fathom is not a substitute for human care. It is not a replacement for a doctor, therapist, counselor, spiritual director, or any qualified professional, and it is not a replacement for the support of people in your life. For any question that matters to your health, safety, or wellbeing, consult a qualified human professional.
• You decide what to do with it. Any action you take, or choose not to take, based on your use of SEEN:app or anything Fathom generates is your own decision and your own responsibility.

We encourage you to seek the involvement of qualified professionals and trusted people in your life, especially when you are working through something difficult.

6. Not an Emergency or Crisis Service

SEEN:app is not an emergency service and is not monitored in real time. Although the Service includes an automated, anonymous feature that may surface support resources when signs of distress are detected, that feature is not a safety net, may not detect every situation, and must never be relied upon to summon help.

If you are experiencing a medical or mental-health emergency, are thinking about harming yourself or others, or believe you may be in danger, do not use SEEN:app to seek help. Contact your local emergency number (911 in the United States), call or text the 988 Suicide and Crisis Lifeline (in the United States), or go to your nearest emergency room. The Company is not responsible for providing emergency or crisis intervention and does not guarantee that any resource, notification, or response will be provided.

7. Assumption of Risk and Your Responsibility

You use SEEN:app voluntarily and at your own risk. Reflective journaling can surface difficult emotions and memories. You are responsible for your own wellbeing while using the Service and for deciding whether and how to engage with any prompt, reflection, or response. You are solely responsible for evaluating, and for any reliance you place on, any content the Service provides.

8. Acceptable Use

You agree not to use SEEN:app to violate any law, infringe the rights of others, attempt to access or disrupt our systems, or reverse engineer or misuse the Service. We may suspend or terminate access for conduct that violates these Terms.

9. Privacy

Your use of SEEN:app is also governed by our Privacy Policy, which explains what we store, where, and the rights you have over it. Please read it alongside these Terms.

10. Disclaimer of Warranties

To the fullest extent permitted by law, SEEN:app and everything it provides, including all content generated by Fathom, are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. The Company specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that any content generated by Fathom will be accurate, reliable, complete, or suitable for your needs. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will the Company, its owners, members, employees, contractors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, loss of goodwill, emotional distress, or personal injury, arising out of or relating to your use of, or inability to use, SEEN:app or any content generated by Fathom, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, the Company's total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid the Company for the Service in the twelve months before the claim, or twenty-five United States dollars (US $25.00).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification (Hold Harmless)

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its owners, members, employees, contractors, and service providers from and against any claims, demands, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Service; (b) your reliance on, or any action or inaction you take based on, any content generated by Fathom; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

13. Subscriptions and Billing

SEEN:app offers optional auto-renewing subscriptions. Purchases, renewals, and cancellations are handled through the Apple App Store or Google Play and are subject to their terms in addition to these. Payment is charged to your store account at confirmation of purchase. A subscription renews automatically unless you cancel through the applicable store at least 24 hours before the end of the current period. You can manage or cancel your subscription in your store account settings. Refunds are handled according to the policies of the store through which you purchased.

14. Changes to These Terms

We may update these Terms from time to time. We will notify users of material changes through app updates and, where appropriate, by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules.

16. Acknowledgment

By using SEEN:app, you acknowledge that you have read and understood these Terms, that you understand Fathom is AI and can make mistakes, that SEEN:app is not professional care or an emergency service, and that you accept the risks described above.

17. Contact

• Email: ben@seen.place
• Website: www.seen.place