Who We Are
Welcome to Choiceful! Choiceful ("Choiceful Inc", "Choiceful," "we," "our," "us") provides our AI-guided OCD support app (the "App") and website at choicefulOCD.com (the "Site"). To make these Terms easier to read, the Site, our services and App are collectively called the "Services." Please read these Terms of Usage (the "Terms") carefully because they govern your usage of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. Your continued use of our app following the posting of changes to these terms of service will indicate your acceptance of those changes.
Privacy Policy
You acknowledge and agree that your use of the Services is subject to our Privacy Policy. Furthermore, when we process your personal data that may be a special category of personal data as defined in Article 9 of the EU General Data Protection Regulation—such as data concerning health—you provide your explicit consent for that processing. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.
If you use Choiceful through a referral or invitation from a licensed mental health professional, some or all of the information you provide may constitute Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). In that context, Choiceful acts as a Business Associate to your treating therapist (the Covered Entity). Your rights with respect to your PHI, and how we handle it, are described in our Privacy Policy.
Eligibility
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled "Purchases" below), you must be 18 years or older and capable of forming a binding contract.
Medical Disclaimer
While Choiceful is created by OCD sufferers and reviewed by therapists with the intention to help treat OCD, our methodology is not clinically reviewed or backed. Choiceful is not intended to diagnose, treat, or cure any mental health conditions. Any actions taken based on the information provided on this app are taken at your own risk. It is not intended to be a substitute for professional mental health advice, diagnosis, or treatment. Always seek the advice of a qualified mental health professional with any questions you may have regarding a mental health condition. We always recommend using Choiceful under the supervision of a qualified professional.
If at any time you are concerned about your care or treatment, or you believe or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
Artificial Intelligence Interaction Guidelines
The AI in this app is designed to provide personalization and basic support by offering a safe space for users to express their emotions, learn coping mechanisms, and gain insights into their mental wellbeing. However, it is NOT providing therapy under an 'AI therapist' persona or otherwise. Rather, we use the AI to supplement the mental health support framework we have developed in the App through its personalization and basic logical capabilities. The AI is NOT, nor should it be thought of to be, providing mental health treatment or a replacement for professional mental health care.
If you are in crisis or need immediate assistance, please contact a healthcare professional or a trusted person in your life. While our AI strives to provide accurate and helpful information, it may not always be able to fully understand or correctly interpret user inputs. Users should always consult with a healthcare professional for accurate information and advice. Our AI does not have the ability to understand or process information in the same way a human would. It uses algorithms and predictive models to respond to user inputs. It does not have feelings, emotions, or consciousness. The AI's responses should be understood within this context.
User Content
It is possible for you to submit your own content ("User Content"), such as journal entries to receive AI feedback, or other writings, in all cases submitted in the App. User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Service. You have FULL control and ownership of the information included in the User Content. Choiceful does NOT read or access any of your private user content. We understand the sensitive nature of this content and have done our utmost to protect and secure this information. Such content is safely encrypted and stored locally on your device or in the cloud.
Data Retention & Deletion
8.1. Data Retention Period
We retain your personal information and User Content in accordance with applicable law and our Privacy Policy. The following summarizes our key retention practices:
- PHI (therapy chat logs and mental health data): Retained for 7 years from your last account activity, as required by HIPAA and California's Confidentiality of Medical Information Act (CMIA). For users who were under 18 at the time of account creation, PHI is retained for 7 years from last account activity or until the user turns 25, whichever is longer.
- Non-PHI personal data: Retained for the duration of your active account. After 1 year of account inactivity, non-PHI data is purged and your account is archived.
- Analytics and usage data: Retained for up to 1 year from last account activity, then deleted.
If you cancel your subscription or stop using the Services, we may continue to retain certain information as required by law or for legitimate business purposes, consistent with the periods above.
8.2. Data Deletion Requests
You have the right to request deletion of your personal data at any time. Upon receiving a valid deletion request:
- We will delete your data from our active systems within 24–72 hours of your request
- Your data may remain in our database backups for up to 30 days following deletion from active systems
- After 30 days, your data will be permanently removed from all our systems, including backups
8.3. How to Request Deletion
To request deletion of your data, please contact us at support@choicefulOCD.com with "Data Deletion Request" in the subject line.
8.4. Exceptions to Deletion
Notwithstanding the above, we may retain certain information where required by law, to comply with legal obligations, resolve disputes, enforce our agreements, or for other legitimate business purposes such as fraud prevention and safety.
License to Use
Choiceful is licensed, not sold, to you for use strictly in accordance with the terms of this agreement. The app is solely for your personal, non-commercial use. The license granted to you is non-exclusive, non-transferable, and revocable. You may not copy, modify, distribute, sell, or transfer any part of the app or its content without our prior written consent. The license does not grant you any rights to use the app for any other purpose or to access any other software or services.
Intellectual Property Rights
Choiceful and its entire contents, features, and functionality (does NOT include "User Content") are owned by us and our licensors and are protected by intellectual property laws. You acknowledge that the app and its content are proprietary to us and our licensors and that you have no rights to the app or its content other than as expressly granted in this agreement. You agree not to copy, modify, distribute, sell, or transfer any part of the app or its content or create any derivative works based on the app or its content unless expressly authorized by us in writing. Any unauthorized use of the app or its content may violate intellectual property laws and will result in the termination of your license to use the app.
Payment
While Choiceful is 100% free to use, we charge a paid subscription fee to access premium features and services.
11.1. Renewal & Cancellation
Your subscription will automatically renew at the end of each subscription period unless you cancel your subscription prior to the renewal date. You can cancel your subscription at any time by following the instructions provided in the app or by contacting our customer support team. If you cancel your subscription, you will continue to have access to the app until the end of your current subscription period. We do not provide refunds or credits for any unused portion of your subscription period.
11.2. Price & Tax Changes
By subscribing to our mobile app, you agree to pay the subscription fee specified at the time of purchase. We reserve the right to change the subscription fee or any other charges associated with the app at any time. If we make any changes to the subscription fee, we will provide you with notice of the change via email or through the app. You will be deemed to have accepted the change if you continue to use the app after receiving notice of the change. In addition to the subscription fee, you may be required to pay taxes, duties, or other fees imposed by your local government. You are solely responsible for paying any such taxes or fees.
11.3. Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Choiceful regarding future functionality or features.
Limitation of Liability
12.1. Representations and Warranties
You represent and warrant that your use of the Services will be in accordance with these Terms and all applicable laws, regulations, and rules. You specifically represent and warrant that you are legally authorized to share any personal information (belonging to yourself or others on whose behalf you are submitting such information) with us.
12.2. Warranty Disclaimers
Choiceful cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data, loss of data, or service interruptions. Choiceful cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. It is your responsibility to back up any information you enter into the Services.
12.3. Limitation on Damages
12.4. Claims Deadline
Any claim arising from the usage of the Services must be brought within two (2) years of the occurrence of the event from which the claim arose.
12.5. Indemnification
You agree to indemnify, defend, and hold harmless Choiceful and its representatives from any third-party liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party, including any intellectual property rights; (d) any content you post, upload, use, distribute, store, or otherwise transmit through the Services; or (e) any negligent or wrongful conduct by you or any other person accessing the Services through your account.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
You agree that any dispute between you and Choiceful arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below.
13.1. Informal Dispute Resolution
Before filing a claim against Choiceful, you agree to try to resolve the dispute informally by contacting us at support@choicefulOCD.com. Most concerns can be resolved quickly and to your satisfaction through email.
13.2. Arbitration Agreement
In the unlikely event that our support team is unable to resolve a complaint you may have, you agree to resolve the dispute through binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable).
13.3. Arbitration Procedure
You and Choiceful agree to employ three (3) arbitrators: one selected by you, one selected by Choiceful, and a third selected by mutual consent. If you and Choiceful cannot agree upon the third arbitrator, the first two arbitrators chosen shall select the third. The arbitration shall be conducted by telephone, online, and/or solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed. Any judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
13.4. Cost of Arbitration
You and Choiceful shall each pay 50% of all arbitrator costs, expenses, and fees incurred in connection with arbitrating under these Terms.
13.5. No Class Actions
13.6. Exceptions to Arbitration
Choiceful may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute resolution process described above.
13.7. Opt-Out
You may opt out of the arbitration and class action waiver provisions described above by contacting support@choicefulOCD.com within 30 days of first accepting these Terms and stating that you decline this dispute resolution process.
If you opt out of this dispute resolution process, or if any matter is otherwise determined not to be subject to arbitration, you submit to the exclusive jurisdiction of the state or federal courts located in New York County, New York.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or related to this agreement or your use of the mobile app shall be brought exclusively in the state or federal courts located in the state of New York. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action or proceeding. You hereby waive any right to a trial by jury in any legal proceeding arising out of or related to this agreement or your use of the mobile app.
Changes to Terms
We reserve the right to make changes to these Terms at any time. For material changes, we will provide at least 30 days' advance notice via in-App notification and/or email before the changes take effect. Non-material changes (such as corrections, clarifications, or changes required by law) may take effect immediately. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.
Contact Information
If you have any questions about these Terms or the Services or Products, please contact us at support@choicefulOCD.com.