[ TERMS OF SERVICE ]

1. Acceptance of Terms

By creating an account or using Underneath ("the Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Underneath. We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service. Continued use after notification constitutes acceptance of the modified Terms.

2. Description of Service

Underneath is an AI-powered self-observation and psychological exploration tool. The Service allows you to:

The Service is a tool for self-reflection and personal exploration. It is not a medical device, therapy service, or substitute for professional mental health care.

• Write daily diary entries ("traces") for personal reflection
• Receive AI-generated psychological observations, pattern detection, and behavioral analysis
• Track recurring themes, emotional tensions, behavioral loops, and silence patterns
• Set and track personal life goals with AI-assisted feedback
• Engage in conversational exchanges with an AI companion
• Receive periodic syntheses (weekly and monthly) of your self-observation journey

3. User Accounts

To use the Service, you must create an account. You agree to:

• Be at least 18 years of age
• Provide a valid email address
• Verify your email address through our verification process
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Subscription Plans and Credits

Underneath offers the following subscription tiers:

Credits are consumed when interacting with the AI (sending messages, generating analyses). Unused credits do not roll over to the next day.

Paid subscriptions are billed monthly. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. Upon cancellation, your account reverts to the Free tier.

Refunds are handled in accordance with applicable consumer protection laws. EU consumers have the right to withdraw from a digital content contract within 14 days, unless the service has already begun with your explicit consent.

• Free: Basic access with 5 credits per day
• Basic: 20 credits per day with priority features
• Pro: 60 credits per day with extended features
• Premium: 200 credits per day with all features unlocked

5. Nature of AI-Generated Content

The AI analyses, observations, and feedback provided by Underneath are generated by artificial intelligence. You acknowledge and agree that:

• All AI-generated content (pattern detection, bias identification, psychological observations, tension tracking, loop detection, syntheses) represents automated observations, not professional diagnoses or medical advice.
• AI observations may be inaccurate, incomplete, or misinterpret your entries.
• The Service should not replace professional mental health care, therapy, or counseling.
• If you are experiencing a mental health crisis, please contact a qualified professional or emergency services immediately.
• We do not guarantee the accuracy, reliability, or usefulness of AI-generated content.
• AI models may occasionally produce unexpected, irrelevant, or inappropriate responses.

6. Your Content and Data

You retain ownership of the content you create within the Service (diary entries, goals, messages). By using the Service, you grant us a limited license to:

We will never:

• Store and encrypt your content on our servers
• Process your content through AI systems to provide the Service's features
• Generate AI analyses and observations based on your content
• Sell or share your personal content with third parties for their own purposes
• Use your personal diary entries to train AI models
• Make your content publicly accessible
• Access your content for purposes other than providing and maintaining the Service

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service, servers, or networks
• Upload malicious code or attempt to exploit vulnerabilities
• Use automated systems (bots, scrapers) to access the Service without permission
• Create multiple accounts to circumvent credit limits or abuse the system
• Share your account credentials with others
• Attempt to reverse-engineer, decompile, or extract source code from the Service

8. Intellectual Property

All software, design, branding, features, and functionality of the Service are owned by Underneath and are protected by international copyright, trademark, and other intellectual property laws.

The AI-generated analyses, observations, and syntheses produced for you are part of the Service. You may use these for your personal self-reflection purposes. You may not reproduce, distribute, or commercially exploit the Service's software, design, or AI systems.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

Nothing in these Terms excludes or limits liability for fraud, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.

• Underneath shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.
• Underneath shall not be liable for any decisions you make based on AI-generated observations or analyses.
• Underneath shall not be liable for any emotional distress arising from the content of AI-generated observations.
• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

10. Termination

You may delete your account at any time. Upon account deletion, all your personal data will be permanently erased within 30 days.

We may suspend or terminate your access to the Service if you violate these Terms. In such cases:

• We will notify you of the reason for suspension or termination
• You may request a copy of your data before final deletion
• Provisions that by their nature should survive termination will continue to apply

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI-generated content will be accurate or suitable for any particular purpose.

12. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the European Union and the applicable national laws of the country where the service provider is established.

For EU consumers, nothing in these Terms affects your statutory rights under applicable consumer protection legislation. Any disputes will be resolved in the courts of your place of residence.

Before pursuing formal legal action, we encourage you to contact us to attempt to resolve disputes informally.

13. Contact Information

For questions about these Terms, please contact us at:

Email: info@underneathapp.com