PeachyTalks

Last Updated: September 23, 2025

1. Acceptance of Terms

These Terms govern your use of the PeachyTalks mobile application, website, and related services (the “Services”) provided by Peachy Technologies, LLC (“PeachyTalks,” “we,” “us,” “our”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

2. Description of Services

PeachyTalks provides an AI-assisted platform offering educational content, guided exercises, self-reflection tools, and meditations designed to help users practice mental-health skills (including for ROCD and related concerns).

3. No Medical Care; Not Therapy; No Provider–Patient Relationship

• PeachyTalks is not healthcare: We are not a licensed healthcare provider or therapy practice, and we do not provide medical or mental-health diagnosis, treatment, psychotherapy, or clinical care.
• Informational only: Content and AI outputs are for informational and educational purposes and may be incorrect, incomplete, or inappropriate for your situation. Do not rely on the Services for medical decisions.
• No relationship formed: Your use of the Services does not create a therapist-patient, physician-patient, or other professional-client relationship. We do not assume a duty of care.
• Not a medical device; not HIPAA covered: The Services are not a medical device and not provided by a HIPAA “covered entity.”
• Get professional help: Always seek the advice of a qualified professional with questions about a condition, treatment, or medication.

4. Emergencies and Crisis Situations

The Services do not address emergencies. If you are in crisis or at risk of harm, call local emergency services (e.g., 911 in the U.S.) or a crisis hotline immediately.

Crisis & Safety; No Monitoring: The Services are not monitored and are not intended for emergencies or urgent situations. If you mention suicidal thoughts, self-harm, or harm to others, the app may pause or stop the session and surface crisis resources. Detection is not guaranteed and may be inaccurate or incomplete. We do not contact emergency services on your behalf and do not proactively determine or verify your location for emergency response. If you are in crisis, call local emergency services (e.g., 911 in the U.S.) or a crisis hotline immediately.

Third-Party Resources: We may link to crisis lines or other third-party resources for convenience; we do not control, endorse, or guarantee them and are not responsible for their availability or effectiveness.

Account Actions: We may, in our discretion, limit, suspend, or terminate access to some or all Services where we believe it is necessary to protect users or the platform. Nothing in the Services constitutes therapy, medical treatment, or a provider-patient relationship.

5. User Eligibility

You must be 18+ and capable of forming a binding contract to use the Services.

6. Accounts & Security

You’re responsible for your account credentials and all activity under your account. Notify us promptly of unauthorized use.

7. User Content & License to PeachyTalks

You may submit content to the Services (e.g., text, audio). You retain ownership of your content. You grant Peachy Technologies, LLC a limited, worldwide, non-exclusive, royalty-free, revocable license to host, store, process, transmit, display, adapt, and create limited technical adaptations of your content solely to operate, maintain, protect, and improve the Services.

• This includes allowing our service providers and model providers to process your content on our behalf to deliver the Services.
• You represent you have the rights to submit the content and that it does not violate law or others’ rights.
• Deleting content or closing your account will end our license going forward (we may keep backups/logs as required by law, security, or integrity of the Services).

8. Prohibited Uses

You will not: (i) violate law; (ii) infringe IP, privacy, or other rights; (iii) attempt to access the Services or data without authorization; (iv) interfere with operation or security; (v) submit malicious code; (vi) misrepresent or misuse the Services; (vii) use the Services to provide medical advice, diagnosis, or treatment.

9. Intellectual Property

The Services and their content are owned by PeachyTalks or its licensors and protected by law. Except as expressly allowed, you may not copy, modify, create derivatives, distribute, or publicly display any part of the Services.

10. Subscriptions & Payments

Certain features require a subscription. Billing and refunds are handled by the platform app stores (e.g., Apple App Store, Google Play) under their terms. Subscriptions auto-renew unless canceled via your store settings before renewal.

Consent to Share Consumption Data with Apple:

By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.

11. AI Outputs; No Promises of Accuracy

AI responses may be inaccurate, incomplete, or offensive, and may not reflect real-world best practices. You are responsible for how you use outputs. PeachyTalks disclaims any guarantees of accuracy, fitness for a particular purpose, or outcomes. The Services are not a substitute for professional care and must not be relied upon for diagnosis, treatment, or emergency guidance.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEACHYTALKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF USD $100 OR THE FEES YOU PAID TO US FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You will defend and hold harmless PeachyTalks and its affiliates, officers, employees, and agents from claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the Services, or your breach of these Terms or applicable law.

14. Dispute Resolution; Arbitration; Class-Action Waiver

• Binding arbitration: Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the AAA Consumer Arbitration Rules. The arbitration may be conducted remotely or where you reside, unless we agree otherwise.
• No class actions: You and PeachyTalks waive the right to participate in a class, consolidated, or representative action.
• Jury trial waiver: You and PeachyTalks waive any right to a jury trial.
• Small-claims carve-out: Either party may bring an individual claim in small-claims court.
• 30-day opt-out: You may opt out of arbitration by emailing support@peachytalks.com within 30 days of first accepting these Terms, stating your name, the email tied to your account, and your clear request to opt out.
• Governing law: Delaware law governs these Terms, without regard to conflicts of laws.

15. Modifications to the Services and Terms

We may change or discontinue features and may update these Terms. We’ll post the updated Terms with a new “Last Updated” date. Your continued use means you accept the updates.

16. Severability

If any provision is unenforceable, it will be limited or removed to the minimum extent necessary, and the rest will remain in effect.

17. Entire Agreement

These Terms and our Privacy Policy are the entire agreement between you and PeachyTalks regarding the Services.

18. Contact

Email: support@peachytalks.com