Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your use of the Mitali companion services — including Mitali Heart, Mitali Memory, and Mitali Glucose — and the mitalihealth.com website (together, the “Service”), operated by Mitali Health LLC (“Mitali,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old to create an account or manage the Service. The Service is not intended for use by children. If you set up, manage, or use the Service on behalf of another adult, you represent and warrant that you have all legal authority, consent, and permissions required to do so, including any authority required to consent to recording, transcription, health-data processing, caregiver access, and emergency-contact notifications. You agree to provide notice to that person in a manner they can reasonably understand where feasible, to use the Service only in that person’s best interest, and to stop using or managing the Service if your authority is revoked, disputed, or no longer valid.

Direct-to-consumer use of the Service, facility-sponsored use, provider-sponsored use, and other enterprise deployments may involve different legal, privacy, and contractual obligations. If the Service is provided through a healthcare facility, provider, employer, payer, or other organization, separate written agreements and privacy notices may apply and will control to the extent they conflict with these Terms for that deployment.

2. What Mitali Is — and Is Not

Mitali is an AI-powered companion service intended to provide conversation, companionship, reminders, general wellness-oriented education, and practical support.

Mitali may include automated safety-related features that attempt to identify certain words, patterns, or situations and provide resources or notifications. These features are assistive only. They are not continuous monitoring, are not reviewed by clinicians in real time, are not guaranteed to detect any safety event, and should not be relied on to prevent harm. You remain responsible for arranging appropriate care, supervision, emergency response, and professional support for yourself or any person in care.

3. Accounts and Caregiver Responsibilities

• Provide accurate information and keep your login credentials secure. You are responsible for activity under your account.
• If you set up or manage the Service for another adult, you must complete all consent and authority steps truthfully, maintain evidence of your authority where applicable, use the Service only in the person’s best interest, and ensure the person is aware, to the extent reasonably feasible, that Mitali may record, transcribe, process, and store conversations and related information.
• You may not use the Service for surveillance, coercion, deception, exploitation, harassment, neglect, retaliation, unauthorized monitoring, or any purpose inconsistent with the wellbeing, dignity, safety, or legal rights of the person in care.
• Content you upload for reminiscence or companionship, including photos, stories, names, dates, and memories, must be content you have the right to provide and must be selected to support the wellbeing of the person in care.
• You must promptly notify us and stop managing the Service if your authority is withdrawn, disputed, expired, or otherwise no longer valid.

4. Recordings, Transcripts, and Health Data

Mitali may record, transcribe, process, store, and analyze conversations and related interactions to provide the Service, maintain safety-related features, support customer service, troubleshoot issues, comply with legal obligations, and improve reliability and quality as described in our Privacy Policy. Audio, transcripts, reminiscence content, caregiver notes, and related metadata may include sensitive health information.

You are responsible for ensuring that all required consents and notices are obtained before using features that record or transcribe conversations. We may require consent confirmations before activating or continuing those features. Where required by law, we will provide mechanisms to access, delete, or request deletion of transcripts and other covered information, subject to legal, security, backup, fraud-prevention, billing, dispute-resolution, and compliance limitations.

5. Acceptable Use

You agree not to:

• Use the Service to harm, distress, manipulate, or exploit any person — including selecting content intended to upset a vulnerable adult;
• Attempt to obtain medical diagnosis or treatment decisions from the Service, or rely on it for emergency response;
• Upload unlawful, abusive, or infringing content;
• Probe, disrupt, reverse engineer, or attempt to extract the underlying models, prompts, or data of the Service; or
• Use the Service to build a competing product.

We may suspend or terminate accounts that we reasonably believe are being used to harm a person in care or otherwise violate these Terms. Where we believe someone is in danger, we may notify appropriate contacts or authorities consistent with our Privacy Policy.

6. Subscriptions and Billing

• Paid plans are billed in advance on a recurring basis at the price and billing interval disclosed at purchase, unless cancelled.
• By purchasing a paid plan, you authorize Mitali and its payment processor (Stripe) to charge your selected payment method on a recurring basis until you cancel.
• You may cancel at any time through Settings or any other cancellation method we make available. Cancellation will take effect at the end of the then-current billing period unless applicable law requires otherwise. We will provide cancellation confirmation where required.
• Except where required by law or expressly stated in the purchase flow, fees already paid are non-refundable.
• We may change pricing or subscription terms with advance notice required by law. Changes will apply no earlier than your next billing period unless you agree otherwise.

7. Your Content and Our IP

You retain ownership of the content you provide, including conversations, photos, stories, caregiver notes, and reminiscence content. You grant Mitali a limited license to host, store, process, transmit, display, transcribe, analyze, and use that content solely to operate, maintain, secure, support, and provide the Service to you; comply with legal obligations; respond to support requests; investigate safety, security, or misuse issues; and perform quality assurance consistent with our Privacy Policy. We do not use your content for advertising. We do not use your content to train general-purpose AI models unless we obtain any consent required by applicable law and update our disclosures accordingly. The Service itself, including its software, prompts, design, and branding, is owned by Mitali Health LLC and protected by intellectual-property laws.

8. AI Limitations

Mitali’s responses are generated by artificial intelligence and may be inaccurate, incomplete, inappropriate, biased, delayed, or out of date. AI outputs may not reflect your personal circumstances or the circumstances of a person in care. The Service may occasionally be unavailable, and voice features depend on third-party infrastructure. You should independently verify important information and consult qualified professionals for medical, mental-health, legal, financial, caregiving, or emergency decisions. Please report responses that appear unsafe, inaccurate, harmful, or inconsistent with these Terms.

9. Disclaimers

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, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT AI RESPONSES WILL BE ACCURATE OR THAT SAFETY FEATURES WILL IDENTIFY ALL SAFETY EVENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MITALI HEALTH LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

The limitations in this Section apply only to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury caused by our negligence, statutory rights that cannot be waived, or any other liability that cannot be excluded or limited by law.

11. Termination

You may stop using the Service and delete your account at any time from Settings. We may suspend or terminate access for violation of these Terms, for risk to any person’s safety, or if we discontinue the Service (in which case we will give reasonable notice and you may export your data first).

12. Facility Deployments

Use of Mitali by healthcare facilities and their staff is governed by separate written agreements with those organizations, which control over these Terms in the event of conflict for that use.

13. Governing Law; Changes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, except to the extent the laws of your state or country give you non-waivable consumer, privacy, health-data, recording, accessibility, or other statutory rights. Unless a different dispute-resolution procedure is later adopted, the state and federal courts located in Delaware will have jurisdiction over disputes arising from or related to these Terms, subject to any non-waivable rights you may have. We may update these Terms; for material changes we will notify you in the app or by email before they take effect. Continued use after changes take effect constitutes acceptance.

14. Geographic Availability

The Service is intended for use only in jurisdictions where Mitali makes it available and where use is lawful. Unless we expressly state otherwise, the Service is intended for users located in the United States. You may not use the Service where doing so would violate applicable law, including laws governing medical devices, clinical services, privacy, health data, recording, consumer protection, or artificial intelligence.

15. Contact

Questions: legal@mitalihealth.com · 1-833-400-3596