Terms of Service

1. Parties and definitions

1.1. These Terms of Service (the "Terms") are a legal agreement between you ("you", "your", or "User") and No One To Talk Ltd, a company registered in England and Wales (Company No. 15474380), with registered office at 20 Wenlock Road, London, England, N1 7GU ("No One To Talk", "we", "us", or "our").

1.2. In these Terms, the following definitions apply:

2. Age and eligibility

2.1. You must be at least 18 years old to create an Account and to purchase or use any Paid Features of Kibo. This is a strict minimum with no exceptions.

2.2. By creating an Account, you confirm and warrant that you are 18 years of age or older.

2.3. If we become aware that a User is under 18, we will immediately suspend the Account, refund any payments made in the previous 30 days, and delete the associated personal data in accordance with our Privacy Policy. You are responsible for any use of the Service by minors who have accessed it through your device or Account.

2.4. Kibo is not suitable for people in acute mental health crisis. If you are currently experiencing suicidal thoughts, active self-harm, acute psychiatric symptoms, or any other mental health emergency, please contact your local emergency services immediately.

2.5. You must have the legal capacity to enter into a binding contract under the law of the country where you reside.

3. Nature of the service

3.1. Kibo provides AI-generated conversational support. The AI Companion is a software system that generates responses based on machine learning models. It is not a human, not a qualified professional, and not capable of providing clinical judgement.

3.2. Kibo is intended solely for general wellness, self-reflection, emotional processing, and navigation to appropriate professional resources when needed.

3.3. Kibo is NOT:

• A substitute for professional mental health care, therapy, counselling, or psychiatric treatment.
• A medical device under the UK Medicines and Healthcare products Regulatory Agency (MHRA), the US Food and Drug Administration (FDA), Brazil's ANVISA, or the EU Medical Device Regulation.
• A regulated health or care service under the Care Quality Commission (UK), ANVISA/CFP (Brazil), state medical boards (US), or equivalent EU bodies.
• A crisis intervention service or emergency response service.
• A tool designed to detect, monitor, prevent, diagnose, or treat any mental health condition.
• A source of medical, legal, financial, or professional advice of any kind.

3.4. You acknowledge that the AI Companion can produce responses that are incorrect, outdated, inappropriate, or inconsistent. AI systems occasionally generate information that is factually wrong, misleading, or harmful. You agree that you will not rely on any AI Companion response as if it were professional advice.

3.5. Kibo operates 24 hours a day but is not guaranteed to be available at all times. Service outages, maintenance windows, and technical failures may occur. Kibo must never be relied upon as your only resource in a mental health crisis.

4. Account creation and security

4.1. To use Kibo, you must create an Account by providing accurate, current, and complete information as requested during registration.

4.2. You are responsible for keeping your Account credentials confidential and for all activity that occurs under your Account, whether authorised by you or not.

4.3. You must notify us immediately at support@noonetotalk.com if you believe your Account has been compromised or accessed without authorisation.

4.4. You may not share your Account with any other person. Each User must have their own individual Account.

4.5. We reserve the right to refuse, suspend, or terminate any Account at our discretion in accordance with these Terms and the Acceptable Use Policy.

5. Paid features, pricing, and payment

5.1. Kibo offers the following Paid Features:

• Voice call sessions with the AI Companion, charged per hour at the rate displayed at purchase.
• Messaging subscription providing unlimited text conversations, charged on a recurring monthly basis.
• Any other paid features introduced from time to time, which will be subject to these Terms.

5.2. All prices are shown in the relevant local currency for your jurisdiction and are inclusive of applicable taxes unless otherwise stated. Current prices are displayed in the Service before purchase.

5.3. Payment is collected through our authorised payment processors. By providing payment information, you authorise us and our processors to charge the applicable amount to your chosen payment method.

5.4. Subscription charges recur automatically at the stated interval until you cancel. You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period, and you retain access to the Paid Features until that time.

5.5. We may change Paid Feature pricing from time to time. Price changes for existing subscriptions will take effect at your next renewal, and we will notify you at least 30 days in advance.

5.6. All fees are non-refundable except where required by applicable mandatory consumer protection law, including:

5.7. For UK and EU users: by purchasing and beginning to use a Paid Feature within the cooling-off period, you expressly consent to immediate performance of the service and acknowledge that you lose your right of withdrawal for digital content that has been supplied.

5.8. For Brazilian users: your 7-day right of withdrawal applies regardless of use. To exercise it, contact support@noonetotalk.com within 7 days of purchase.

5.9. Failed payments: if we are unable to collect payment for a subscription renewal, we may suspend access to Paid Features until payment is resolved. Repeated failure may result in Account termination.

6. Licence to use the Service

6.1. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal, non-commercial use.

6.2. You may not:

• Copy, modify, distribute, sell, or lease any part of the Service.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use the Service or any AI Companion output to train, fine-tune, or benchmark any other AI system.
• Use automated means (scripts, scrapers, bots) to access the Service without our express written permission.
• Remove or alter any proprietary notices, branding, or attributions within the Service.

6.3. All intellectual property rights in the Service, the AI Companion, and any content generated by the AI Companion in response to your inputs remain owned by No One To Talk or its licensors. We grant you a personal, non-exclusive licence to use AI Companion output for your own personal, non-commercial purposes only.

7. Your Content

7.1. You retain ownership of any Content you submit to the Service. By submitting Content, you grant us a worldwide, royalty-free, non-exclusive licence to process, store, and use your Content solely for the purposes of operating, maintaining, and improving the Service, subject to the Privacy Policy.

7.2. We will not sell your Content. We will not use your Content to train third-party AI models. We will not use your Content for behavioural advertising.

7.3. We may use anonymised and aggregated data derived from your Content for analytics, safety research, and service improvement, in accordance with the Privacy Policy.

7.4. You warrant that your Content does not infringe any third party's rights and does not violate any law.

8. Acceptable use

8.1. Your use of the Service is governed by these Terms and by our Acceptable Use Policy, which forms part of these Terms.

8.2. We reserve the right to suspend or terminate any Account that violates the Acceptable Use Policy, in accordance with that Policy.

9. Service availability and changes

9.1. We aim to make the Service available on a continuous basis but cannot guarantee uninterrupted availability. The Service may be unavailable from time to time due to maintenance, updates, or circumstances beyond our reasonable control.

9.2. We reserve the right to change, add, remove, or discontinue any feature of the Service at any time. Where a change materially and adversely affects your Paid Features, we will notify you at least 30 days in advance and offer a pro-rata refund if you choose to terminate.

9.3. We may update the AI Companion's underlying model, behaviour, and capabilities from time to time. We do not guarantee that the AI Companion will behave identically between updates.

10. Changes to these Terms

10.1. We may update these Terms from time to time. If a change is material, we will notify you by email and/or via the Service at least 30 days before the change takes effect, and will give you the option to terminate your subscription without penalty before the new Terms apply to you.

10.2. Minor, non-material updates (such as clarifications or corrections) may take effect immediately upon posting, and will be reflected in the Version number at the top of this document.

10.3. Your continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms.

11. Termination

11.1. You may terminate your Account at any time by using the deletion option in your Account settings or by contacting support@noonetotalk.com.

11.2. We may terminate or suspend your Account:

• If you materially breach these Terms or the Acceptable Use Policy;
• If required to comply with law, regulation, or a court order;
• If we reasonably believe your use of the Service poses a risk to you, to other Users, or to us;
• If payment for Paid Features fails and is not remedied within 14 days of notice;
• If we cease offering the Service in your jurisdiction.

11.3. Where termination is not caused by your material breach, we will refund any prepaid fees for the unused portion of your subscription on a pro-rata basis.

11.4. Upon termination, your licence to use the Service ends immediately. We will retain and delete your personal data in accordance with the Privacy Policy.

11.5. Sections that by their nature are intended to survive termination (including Sections 3, 6.3, 7, 12, 13, 14, 15, 17, and 18) will survive termination.

12. Warranties and disclaimers

12.1. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, express or implied, regarding the Service, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, or uninterrupted availability.

12.2. We specifically disclaim any warranty that:

• The AI Companion will produce clinically accurate, therapeutically effective, or always-safe responses;
• The Service will detect, identify, or appropriately respond to every mental health crisis, warning sign, or risk factor;
• The Service is suitable for any particular user, condition, or purpose;
• Use of the Service will result in any specific mental health, emotional, or wellness outcome.

12.3. UK Consumer Rights Act 2015 statement: if you are a consumer in the United Kingdom, you have statutory rights under the Consumer Rights Act 2015 that cannot be excluded. These include a right that services be performed with reasonable care and skill, and that digital content be of satisfactory quality and fit for purpose. Nothing in these Terms affects these statutory rights.

13. Limitation of liability

13.1. Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any liability that cannot lawfully be excluded or limited under the law applicable to you.

13.2. Subject to Section 13.1, and to the maximum extent permitted by law, we will not be liable to you for:

• Any indirect, incidental, consequential, special, exemplary, or punitive damages;
• Any loss of profits, revenue, business, anticipated savings, goodwill, or opportunity;
• Any loss or corruption of data arising from circumstances outside our reasonable control;
• Any emotional distress, psychological harm, or mental health deterioration alleged to arise from the use of the Service, except to the extent caused by our gross negligence or wilful misconduct;
• Any decision, action, or inaction you take based on any AI Companion response;
• Any harm caused by third parties, including hackers, other Users, or third-party service providers.

13.3. Subject to Section 13.1, our total aggregate liability to you in connection with the Service and these Terms in any 12-month period shall not exceed the greater of: (a) the total amount you have paid us for Paid Features in that 12-month period; or (b) £100 (or local currency equivalent).

13.4. For Brazilian users: the limitations in this Section 13 are subject to Article 51 of the Código de Defesa do Consumidor, and the caps in Section 13.3 do not apply where prohibited by Brazilian consumer-protection law.

13.5. For EU users: the limitations in this Section 13 are subject to mandatory national consumer-protection laws of your country of residence, which override these Terms where stricter.

14. Your responsibility

14.1. You agree to indemnify, defend, and hold harmless No One To Talk and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with:

• Your breach of these Terms, the Acceptable Use Policy, or any applicable law;
• Your Content;
• Your misrepresentation of your age, identity, or eligibility to use the Service;
• Your attempt to use the Service as a substitute for professional medical, mental health, or emergency services.

14.2. This Section 14 does not apply to UK or EU consumers to the extent it would be unenforceable under mandatory consumer-protection law.

15. No professional relationship

15.1. Your use of the Service does not create any of the following relationships between you and No One To Talk or the AI Companion: doctor-patient, therapist-patient, counsellor-client, psychologist-client, psychiatrist-patient, attorney-client, or fiduciary.

15.2. No communication you have with the AI Companion is protected by medical, therapeutic, or legal privilege. We may be required by law to disclose the content of your conversations in specific circumstances, such as court orders, regulatory investigations, or credible reports of risk to yourself or others. See the Privacy Policy for full detail.

16. Force majeure

16.1. Neither party shall be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, regulatory action, cyberattack, power or internet outage affecting us or our providers, or failure of any third-party AI model provider.

17. Governing law

17.1. The governing law applicable to these Terms depends on your jurisdiction of residence:

18. Dispute resolution

18.1 Users in the United Kingdom, European Union, and Brazil

You may bring legal proceedings against us in the courts of your country of residence, as provided by applicable consumer-protection law. We encourage you to contact support@noonetotalk.com first so we can try to resolve the issue directly. Nothing in this Section 18 restricts your rights to bring complaints to competent regulators or consumer-protection authorities.

18.2 Users in the United States — binding arbitration and class action waiver

18.2.1. Informal resolution first. Before starting arbitration, you agree to try to resolve the dispute informally by contacting support@noonetotalk.com. If the dispute is not resolved within 60 days, either party may start arbitration.

18.2.2. Arbitration agreement. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms (a "Dispute") between you and No One To Talk will be resolved exclusively through final and binding individual arbitration, administered by JAMS under its Consumer Arbitration Rules, rather than in court, except as set out in Section 18.2.4 below.

18.2.3. Class action waiver. You and No One To Talk agree that each may bring claims against the other only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. An arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

18.2.4. Exceptions (small claims carve-out). Either party may bring an individual claim in small claims court in the county or state where you live, provided the claim qualifies. Claims alleging intellectual property infringement may also be brought in court regardless of amount.

18.2.5. Right to opt out. You have 30 days from the date you first accept these Terms to opt out of this arbitration agreement by sending a written notice to support@noonetotalk.com with the subject line "Arbitration Opt-Out" including your full name, registered email address, and a statement that you wish to opt out. If you opt out, you remain bound by all other provisions of these Terms but may pursue disputes in court, subject to the venue and governing-law rules in Section 17.1.

18.2.6. Arbitration fees. If you initiate arbitration and the value of the relief sought is under US$10,000, we will pay the arbitration filing fees.

19. General provisions

19.1. Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, and AI Safety & Crisis Disclosure, constitute the entire agreement between you and us concerning the Service and supersede any prior agreements.

19.2. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be replaced with one that best reflects the original intent.

19.3. No waiver. Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

19.4. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

19.5. Notices. We may send you notices by email to the address associated with your Account, or via in-Service notifications. You may send us notices at support@noonetotalk.com.

19.6. Languages. These Terms are drafted in English. Translations may be provided for convenience, but in the event of any inconsistency, the English version prevails, except where mandatory consumer-protection law of your jurisdiction requires the local-language version to prevail.

19.7. Contact. Questions about these Terms should be directed to: No One To Talk Ltd, 20 Wenlock Road, London, England, N1 7GU, support@noonetotalk.com.

END OF TERMS OF SERVICE

Version 1.1 · Effective 8 May 2026

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