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myessem — Terms of Service

Effective date: [DATE — set at launch] Operator: Chanducate LLC, a Wyoming limited liability company ("myessem," "we," "us") Contact: support@myessem.com

DRAFT — for founder and attorney review. Not yet published.

IF YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT 988 (THE SUICIDE & CRISIS LIFELINE) IN THE UNITED STATES, OR CHAT AT 988LIFELINE.ORG. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. IN ISRAEL, CALL ERAN AT 1201 OR EMERGENCY SERVICES AT 101. DO NOT USE MYESSEM TO SEEK EMERGENCY HELP.

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Chanducate LLC governing your use of the myessem application, website, and related services (the "Service"). You accept these Terms by affirmatively indicating your agreement when you create an account. If you do not agree, do not use the Service.

These Terms include a binding individual arbitration provision and a class action waiver (Section 15). It affects your legal rights. Please read it. You may opt out within 30 days (Section 15.6).

2. What myessem is — and what it is not

myessem is a self-reflection and personal wellbeing tool. It lets you record daily check-ins across personal dimensions, see your own patterns reflected back, and interact with MIRRA, an AI reflection agent. Its message is simple: you were never broken. It is a mirror, not a meter.

WHAT THE SERVICE IS NOT:

  • myessem IS NOT A MEDICAL SERVICE, THERAPY, PSYCHOTHERAPY, COUNSELING, OR ANY FORM OF HEALTH CARE. The Service does not provide medical or mental-health advice, diagnosis, or treatment, and it does not provide, advertise, or offer therapy or psychotherapy services.
  • No professional relationship. No physician-patient, therapist-client, or any other professional or clinical relationship is created by your use of the Service. No clinicians participate in the Service.
  • Not a substitute. The Service is not a substitute for professional advice, diagnosis, or treatment. If you need mental-health care, please contact a qualified professional. Never disregard professional advice, or delay seeking it, because of anything in the Service.
  • Not for emergencies. The Service is not designed for, and must not be relied on for, crisis support or emergency care. See the crisis notice at the top of these Terms.
  • Not a HIPAA covered entity. Chanducate LLC is not a "covered entity" or "business associate" under the U.S. Health Insurance Portability and Accountability Act (HIPAA), and the Service is not governed by HIPAA. Our privacy commitments to you are described in our Privacy Policy and, where applicable, our Consumer Health Data Privacy Policy.
  • Not a medical device. The Service is a general wellness product and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition.

3. MIRRA and AI-generated content

  • MIRRA is an artificial-intelligence system, not a human being. Everything MIRRA says is generated by software. The Service tells you this in the product as well, and the notice remains available whenever you interact with MIRRA.
  • AI output can be imperfect. MIRRA's reflections and responses are automatically generated. They may be inaccurate, incomplete, or a poor fit for your situation, and they are not advice of any kind. Use your own judgment, and rely on qualified humans for decisions that matter.
  • Our safety protocol. Every message you send in a conversation with MIRRA is first screened by an automated safety system. If the system detects an expression of suicidal ideation or self-harm, MIRRA does not respond; instead, the Service displays crisis resources — including the 988 Suicide & Crisis Lifeline (call or text 988) and, outside the United States, local resources such as ERAN (1201) in Israel and findahelpline.com elsewhere — and pauses the conversation. After a first pause in a day you may acknowledge the resources and continue; a second detection the same day pauses the conversation until the following day. The safety system is precautionary and automated: it may sometimes pause a conversation that did not need it, and — like any automated system — it cannot be guaranteed to recognize every crisis. It is a referral mechanism, not a monitoring, alerting, or rescue service, and no human reviews your messages in real time.
  • MIRRA never claims to be a licensed professional, and nothing in the Service is a professional mental-health or behavioral-health service.

4. Who may use the Service

  • You must be at least 18 years old to use the Service. The Service is not directed to children, and we do not knowingly collect information from anyone under 18. If we learn a user is under 18, we will terminate the account and delete its data.
  • You must provide accurate account information, keep your credentials secure, and use the Service only for yourself. You are responsible for activity under your account.
  • The Service is operated from the United States and directed to users in the United States. If you use it from elsewhere, you do so on your own initiative and are responsible for local compliance.

5. Your content

  • You own your words. Check-ins, notes, and messages you write in the Service ("Your Content") remain yours.
  • Our limited license. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content solely to operate, secure, and improve the Service for you — including generating MIRRA's reflections and responses and running the safety protocol. This license ends when Your Content is deleted from the Service, except as needed to comply with law or maintain routine backups for a limited period.
  • No training, no ads. We do not use Your Content to train foundation AI models, and we never use or disclose Your Content for advertising. Our AI service provider processes Your Content only to provide the Service, as described in the Privacy Policy.
  • Deletion. You can erase your MIRRA conversations in the app at any time, and you can delete your account and its data as described in the Privacy Policy.

6. Acceptable use

You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to probe, disable, overload, or circumvent the Service's security or safety systems, including the crisis-safety protocol; (c) access the Service by automated means or scrape it; (d) reverse engineer any part of the Service except where the law grants that right notwithstanding this term; (e) infringe anyone's rights, or upload content you have no right to share; (f) misrepresent your age or identity; (g) resell or provide the Service to third parties.

7. Subscriptions, billing, and cancellation

Parts of the Service may require a paid subscription, billed by our payment processor (Stripe). If you purchase a subscription:

  • Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual, as presented at checkout) and your payment method is charged the then-current price, until you cancel. The price, billing frequency, and renewal terms are disclosed clearly at checkout, and we obtain your express affirmative consent to these automatic-renewal terms before charging you. You will receive a confirmation with these terms in retainable form.
  • Cancel anytime, online. You may cancel at any time through your account's subscription management page — online, in the same way you signed up, without further obstacles. Cancellation takes effect at the end of the current billing period, and you keep access until then.
  • Free trials and promotional pricing (if offered) convert automatically to a paid subscription at the disclosed price unless you cancel before the trial or promotional period ends; we will disclose the conversion date and price before you start, and send any pre-conversion or renewal reminders required by applicable law.
  • Renewal reminders. Where required by applicable law (and for all annual plans), we send periodic renewal reminders that state the service, the charge amount and frequency, and how to cancel.
  • Price changes apply only prospectively. We will notify you of any price increase in advance (at least as far in advance as applicable law requires), and — where the law requires — obtain your consent or provide a right to cancel with a pro-rata refund.
  • Refunds. Except where required by applicable law or expressly stated otherwise, payments are non-refundable and we do not provide refunds or credits for partial periods.
  • Taxes may be added where applicable. We do not store your full card details; payment credentials are handled by Stripe.

8. Changes to the Service or these Terms

We may improve or modify the Service over time. If we make material changes to these Terms, we will notify you (in the app or by email) and give you an opportunity to review and accept before the changes apply to you. Changes never apply retroactively, and continued use after notice and acceptance constitutes agreement. If you do not accept, you may stop using the Service and cancel any subscription.

9. Our intellectual property

The Service — including MIRRA, the software, design, text, and trademarks (myessem, MIRRA) — is owned by Chanducate LLC or its licensors and protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted.

10. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512 to our designated agent: Chanducate LLC — Copyright Agent, support@myessem.com, registered in the U.S. Copyright Office's DMCA Designated Agent Directory (registration no. DMCA-1075799). We may terminate accounts of repeat infringers.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED — INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE, OR THAT THE SAFETY PROTOCOL WILL DETECT ANY PARTICULAR EXPRESSION OR PREVENT ANY HARM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER CHANDUCATE LLC NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE; AND (B) OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, AND SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You will indemnify Chanducate LLC against third-party claims arising from your violation of these Terms or your unlawful use of the Service, to the extent permitted by applicable law.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially violate these Terms (including attempts to circumvent the safety systems) or where required by law; where practicable we will give you notice and an opportunity to export your data. Sections that by their nature should survive (5, 9, 11–13, 15, 16) survive termination.

15. Dispute resolution — binding arbitration and class waiver

Please read this section carefully. It requires individual arbitration of most disputes and waives jury trials and class actions.

15.1 Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally: send a written Notice of Dispute to support@myessem.com (or we will send one to your account email) describing the dispute and the relief sought. If it is not resolved within 60 days, either party may proceed under this Section.

15.2 Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final, binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitrator's award may be entered in any court of competent jurisdiction. Arbitration fees are governed by the AAA consumer fee schedule; we will bear fees the Rules assign to us and, where the arbitrator finds your claim was not frivolous, fees the law requires us to bear.

15.3 Small-claims carve-out. Either party may instead bring an individual claim in small-claims court where jurisdiction and venue allow. Either party may also seek injunctive relief in court for infringement or misuse of intellectual property, or unauthorized access to the Service.

15.4 Class action and jury waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

15.5 Coordinated filings. If 25 or more demands for arbitration are filed presenting similar claims by the same or coordinated counsel, the parties agree the AAA may administer them in batches under its Multiple Consumer Case protocols, with each claimant's case decided on its individual merits. No determination in one claimant's case shall bind, or preclude the claims of, any other claimant who was not a party to it, and applicable statutes of limitation are tolled from the filing of a demand until it is administered.

15.6 30-day opt-out. You may opt out of this arbitration agreement (except the jury-trial provisions applicable in court) by emailing support@myessem.com within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

16. Governing law and venue

These Terms are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflict-of-laws rules — except that the Federal Arbitration Act governs Section 15, and consumers retain any non-waivable protections of the law of their state of residence. Court proceedings not subject to arbitration shall be brought in the state or federal courts located in Wyoming, and the parties consent to their jurisdiction.

17. Export and sanctions

You may not use the Service in violation of U.S. export-control or sanctions laws, and you represent you are not located in an embargoed jurisdiction or on any U.S. government restricted list.

18. Miscellaneous

These Terms (with the Privacy Policy and any posted supplemental terms) are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remainder stays in effect. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets with notice to you. Our failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control.

19. Governing language

These Terms are drafted in English, and the English version is the binding version. Any translation (including Hebrew) is provided for convenience only; in case of conflict, the English version prevails.

20. Contact

Chanducate LLC · Wyoming, USA · support@myessem.com