Terms of Service

Acceptance of Terms

By accessing or using Ferni, you agree to be bound by these Terms of Service and all applicable laws and regulations.

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Ferni AI, Inc. ("Ferni," "we," "us," or "our") governing your access to and use of:

• The Ferni website at ferni.ai and app.ferni.ai
• The Ferni mobile applications
• The Ferni voice coaching service via telephone
• All related services, features, and content (collectively, the "Service")

Eligibility

To use Ferni, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Not have been previously suspended or removed from the Service

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Changes to Terms

We may modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date at the top
• We will notify you via email or in-app notification at least 30 days before changes take effect
• Your continued use after the effective date constitutes acceptance of the modified Terms

If you disagree with any changes, you may terminate your account before the changes take effect.

Service Description

Ferni is an AI-powered life coaching service designed to support personal development, goal achievement, and everyday well-being through conversational interactions.

What Ferni Provides

What Ferni Is NOT

• Medical or Mental Health Treatment: We do not provide therapy, counseling, psychiatric care, or treatment for mental health conditions
• Crisis Intervention: If you're experiencing a mental health crisis, please contact emergency services (911) or a crisis helpline immediately
• Professional Advice: We do not provide licensed medical, legal, financial, or other professional advice
• Emergency Services: We cannot dispatch emergency responders or provide real-time crisis support
• A Replacement for Human Care: We complement, but do not replace, professional care providers or personal relationships

Service Modifications

We continuously improve Ferni and may:

• Add, modify, or remove features at any time
• Update AI models and conversation capabilities
• Change pricing for future subscription periods with notice
• Discontinue the Service with reasonable notice

Account Registration & Security

Account Creation

To access certain features, you must create an account. When creating your account:

• Accurate Information: Provide accurate, current, and complete information
• Maintain Accuracy: Update your information to keep it accurate and current
• One Account Per Person: Create only one account for yourself
• No Shared Accounts: Do not share your account credentials with others

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access at security@ferni.ai

We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain credential security.

Account Verification

We may require verification of your identity or account information to:

• Comply with legal requirements
• Prevent fraud or abuse
• Protect the security of the Service

Phone Number Registration

For voice and SMS services, you must register a valid phone number that you own or are authorized to use. By registering a phone number, you confirm that:

• The number is yours or you have permission to use it
• You consent to receive calls and texts at that number
• You will notify us if your number changes

Subscriptions & Billing

Subscription Plans

Ferni offers various subscription tiers, which may include:

• Free Tier: Limited access to basic features
• Premium Subscriptions: Enhanced features, unlimited conversations, and priority support
• Enterprise Plans: Custom solutions for organizations

Current pricing and features are available at ferni.ai/pricing.

Billing Terms

Free Trials

If we offer a free trial:

• Trial length and features will be specified at signup
• Payment information may be required to start a trial
• You will be charged automatically when the trial ends unless you cancel
• We will send a reminder before the trial ends
• Free trials are limited to one per person; we may verify eligibility

Cancellation

You may cancel your subscription at any time:

• How to Cancel: Through account settings or by contacting support@ferni.ai
• Effective Date: Cancellation takes effect at the end of your current billing period
• Continued Access: You retain access until the end of your paid period
• Data Retention: Your data is retained according to our Privacy Policy

Refunds

• General Policy: Subscription fees are non-refundable except as required by law
• Exceptions: We may offer refunds at our discretion for service issues or billing errors
• App Store Purchases: Purchases through Apple App Store or Google Play are subject to their refund policies
• Pro-Rata: We do not provide pro-rata refunds for partial months

Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will apply to your next billing cycle after the notice period.

Failed Payments

If payment fails:

• We will attempt to charge your payment method multiple times
• We will notify you of the failed payment
• After continued failure, your subscription may be suspended or cancelled
• You remain responsible for any outstanding amounts

User Content

Your Content

"User Content" includes all information, text, voice recordings, and other materials you provide to Ferni through the Service, including your conversations.

Ownership

You retain ownership of your User Content. By using the Service, you grant Ferni a limited license to:

• Process: Use your content to provide and improve the Service
• Store: Retain your content to enable memory and personalization features
• Analyze: Generate insights to improve your coaching experience

This license is non-exclusive, royalty-free, and limited to what is necessary to operate the Service. We will not sell your User Content or use it for advertising purposes.

Content Representations

You represent and warrant that:

• You own or have the right to share all User Content
• Your content does not violate any third party's rights
• Your content does not violate these Terms or applicable law

AI-Generated Content

Ferni's responses and suggestions are generated by AI systems. You understand that:

• AI-generated content may contain errors or inaccuracies
• We do not guarantee the accuracy, completeness, or appropriateness of AI responses
• You are responsible for evaluating and acting on any suggestions
• AI-generated content should not be relied upon as professional advice

Data Portability

You may request a copy of your User Content at any time by contacting privacy@ferni.ai. We will provide your data in a commonly used, machine-readable format within 30 days.

Deletion

You may request deletion of your User Content by:

• Deleting your account through settings
• Submitting a deletion request to privacy@ferni.ai

We will delete your content in accordance with our Privacy Policy, though some data may be retained as required by law or for legitimate business purposes.

Intellectual Property

Our Intellectual Property

Ferni and its licensors own all intellectual property rights in the Service, including:

• Software: The application code, algorithms, and AI models
• Content: Text, graphics, logos, icons, images, and audio
• Trademarks: The Ferni name, logos, and brand elements
• Design: The user interface, visual design, and user experience
• Data: Aggregated and anonymized usage data and insights

These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• Download and install our mobile applications on devices you own

This license does not include the right to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use the Service for commercial purposes without authorization
• Sublicense, sell, or transfer your access rights

Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate that Feedback into the Service without compensation or attribution to you.

DMCA Policy

We respect intellectual property rights and expect users to do the same. If you believe content on Ferni infringes your copyright, submit a notice to our designated agent:

Your notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material with enough detail to locate it
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Acceptable Use Policy

You agree to use Ferni responsibly and lawfully. The following conduct is prohibited:

Illegal Activities

• Violating any applicable law, regulation, or third-party rights
• Engaging in or promoting illegal activities
• Facilitating fraud, money laundering, or other financial crimes
• Transmitting content that is illegal or promotes illegal acts

Harmful Conduct

• Harassing, threatening, or intimidating others
• Promoting violence, self-harm, or harm to others
• Sharing content depicting abuse, exploitation, or endangerment of minors
• Discriminating based on race, gender, religion, nationality, disability, sexual orientation, or age
• Engaging in bullying or any form of abuse

Service Abuse

• Attempting to gain unauthorized access to any part of the Service
• Interfering with or disrupting the Service or servers
• Using automated systems (bots, scrapers) without authorization
• Circumventing security measures, rate limits, or access controls
• Introducing malware, viruses, or other harmful code
• Reverse engineering, decompiling, or extracting the underlying technology

Deceptive Practices

• Impersonating another person or entity
• Providing false information in your account or communications
• Misrepresenting your affiliation with any person or entity
• Creating multiple accounts to evade restrictions

Commercial Misuse

• Using the Service for unauthorized commercial purposes
• Reselling, redistributing, or sublicensing access to the Service
• Using the Service to develop competing products
• Scraping, mining, or extracting data for commercial purposes

Enforcement

We may investigate and take action against violations, including:

• Warning or temporary suspension
• Permanent account termination
• Removal of content
• Reporting to law enforcement
• Legal action to enforce these Terms

AI Service Disclaimers

Nature of AI Coaching

Ferni uses advanced AI technology to provide coaching conversations. You acknowledge that:

• AI, Not Human: You are interacting with AI systems, not licensed human professionals
• No Guarantee of Accuracy: AI responses may contain errors, inaccuracies, or inappropriate suggestions
• Not Professional Advice: AI coaching is not a substitute for professional medical, legal, financial, or mental health services
• Algorithmic Limitations: AI systems have inherent limitations and may not fully understand context or nuance

Health & Safety Disclaimers

• Not Medical Advice: Ferni does not provide medical diagnosis, treatment recommendations, or health advice. Always consult qualified healthcare providers for medical concerns.
• Not Mental Health Treatment: Ferni is not therapy, counseling, or psychiatric care. If you're experiencing mental health challenges, please seek help from licensed mental health professionals.
• Crisis Situations: Ferni is not equipped for crisis intervention. If you're in crisis, contact emergency services (911), the 988 Suicide & Crisis Lifeline, or go to your nearest emergency room.

Decision-Making Disclaimer

Any decisions you make based on Ferni's suggestions are solely your responsibility. We recommend:

• Verifying important information independently
• Consulting appropriate professionals for significant decisions
• Using your own judgment when evaluating AI suggestions
• Not relying solely on AI coaching for major life decisions

AI Training & Improvement

Our AI systems are continuously improving. Unless you opt out:

• Your interactions may be used to improve AI models
• We use de-identified and aggregated data for training
• You can opt out of training data use in your account settings

See our Privacy Policy for complete details on how we handle your data.

SMS Communications

Ferni offers optional SMS text messaging for coaching reminders, check-ins, and notifications.

Consent to SMS

By providing your phone number and opting in, you consent to receive text messages from Ferni. This consent is not required to use Ferni's other services.

Message Types

• Coaching reminders and session follow-ups
• Personalized check-ins and encouragement
• Habit tracking nudges
• Account updates and notifications

Frequency & Costs

• Frequency: Approximately 2-5 messages per week, up to 2 per day
• Costs: Message and data rates may apply based on your carrier plan
• Carriers: We support all major U.S. carriers

Opting Out

You can opt out of SMS at any time by:

• Replying STOP to any Ferni message
• Updating preferences in your account settings
• Contacting support@ferni.ai

Reply HELP for assistance. See our full SMS Terms & Consent for complete details.

Third-Party Services

Integrated Services

Ferni may integrate with third-party services to enhance your experience:

• Authentication: Sign-in via Google, Apple, or other providers
• Payment Processing: Stripe for secure payment handling
• Voice Services: LiveKit for real-time voice communication
• Analytics: Usage analytics to improve the Service
• Integrations: Calendar, productivity, and wellness app connections

Third-Party Terms

When you connect third-party services:

• Your use is subject to the third party's terms and privacy policies
• You authorize us to access data from connected services as described
• We are not responsible for third-party service availability or practices
• You can disconnect third-party services at any time in settings

Links to External Sites

Ferni may contain links to third-party websites or resources. We are not responsible for:

• The availability or accuracy of external sites
• The content, products, or services on external sites
• Any transactions you conduct with third parties

Service Availability

Availability

We strive to provide reliable 24/7 access to Ferni, but we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we'll provide advance notice when possible)
• Emergency maintenance or repairs
• Technical issues beyond our control
• Internet connectivity problems
• Force majeure events

Service Modifications

We reserve the right to:

• Modify or discontinue features with reasonable notice
• Update AI models and conversation capabilities
• Change system requirements for mobile apps
• Limit access to certain features based on subscription tier

Discontinuation

If we discontinue the Service entirely, we will:

• Provide at least 60 days' advance notice
• Allow you to export your data
• Refund prepaid amounts for unused subscription periods

Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• AI responses will be accurate, reliable, or appropriate
• Any errors will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FERNI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use of or inability to use the Service
• Damages arising from any content or conduct of third parties
• Damages arising from unauthorized access to your account

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Basis of the Bargain

These limitations reflect a reasonable allocation of risk and are a fundamental basis of our agreement. The Service would not be provided without these limitations.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Ferni and its officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable law
• Any dispute between you and another user

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.

Dispute Resolution

Informal Resolution First

Before initiating any formal dispute resolution, you agree to contact us at legal@ferni.ai and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, all disputes arising from or relating to these Terms or the Service shall be resolved through binding individual arbitration rather than in court, except:

• You may bring claims in small claims court if eligible
• Either party may seek injunctive relief in court for intellectual property violations

Arbitration Rules

• Administrator: American Arbitration Association (AAA) under Consumer Arbitration Rules
• Location: The arbitration will be conducted in Pennsylvania or your county of residence
• Format: May be conducted by video conference, telephone, or based on written submissions
• Fees: If you cannot afford arbitration fees, we will pay them
• Award: The arbitrator's decision will be final and binding

Class Action Waiver

YOU AND FERNI AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@ferni.ai within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a statement that you wish to opt out.

Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. If arbitration is not enforceable for a particular claim, the state and federal courts of Pennsylvania shall have exclusive jurisdiction.

Time Limitation

Any claim or cause of action arising from these Terms or the Service must be filed within one (1) year after the claim arose, or be permanently barred.

Termination

Termination by You

You may stop using Ferni and close your account at any time by:

• Deleting your account in settings
• Contacting support@ferni.ai

Termination by Us

We may suspend or terminate your access immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your conduct may harm other users or our business
• We're required to do so by law
• We discontinue the Service

For other terminations not involving violations, we will provide reasonable notice when possible.

Effect of Termination

Upon termination:

• Your right to use the Service immediately ends
• Any outstanding payment obligations remain due
• We may delete your data in accordance with our Privacy Policy
• Provisions that should survive (e.g., limitations of liability, dispute resolution) will continue

Data After Termination

After account termination:

• You may request a copy of your data within 30 days
• We will delete your personal data within 90 days, except as required by law
• Anonymized or aggregated data may be retained

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Ferni regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to reflect the parties' intent or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver of any provision is only effective if in writing and signed by Ferni.

Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

Neither party will be liable for failure or delay in performance due to circumstances beyond reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Notices

Notices to you may be made via email to your registered address or through the Service. Notices to us should be sent to:

Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Ferni.

No Third-Party Beneficiaries

These Terms do not create any rights in any third party, except as expressly provided.

Export Compliance

The Service may be subject to U.S. export control laws. You agree not to export or re-export the Service to any country, person, or entity prohibited by law.

Government Users

If you are a U.S. government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. §2.101.

California Residents

If you are a California resident, you waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Contact Us

We're committed to being accessible and responsive. If you have questions about these Terms:

General Inquiries

• Email: legal@ferni.ai
• Support: support@ferni.ai
• Phone: 1 (888) 598-3952

Specific Concerns

Mailing Address

We aim to respond to all inquiries within 2-3 business days.

Thank you for being part of the Ferni community. We're honored to support your journey.