Terms of Service

1. Eligibility and accounts

1.1 Who can use Hestia

To create a parent account, you must be at least 18 years old and the parent or legal guardian of any child you add to your family within the Service. By creating an account, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete.

1.2 Family configuration and child accounts

The Service allows you to add children to your family. By doing so, you confirm that you are the parent or legal guardian of each child you add and that you have the authority to consent to their use of the Service on their behalf. You are responsible for supervising your child's use of the Service.

Children may receive their own credentials to interact with portions of the Service (for example, to complete surveys you assign). You remain responsible for your child's actions in the Service while they are a minor.

1.3 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at hello@hestiawellness.com if you suspect unauthorized access to your account.

2. The Service

2.1 What Hestia provides

The Service provides tools designed to support parents and families, including:

• Mental health and connection surveys you can assign to your children.
• Behavior plans you can create for your children, with daily progress tracking.
• Daily parent check-ins.
• An AI parenting coach that uses information from your family to provide tailored, evidence-informed guidance to parents.

The Service is informational and supportive in nature. Features, content, and functionality may be added, modified, or removed at our discretion.

2.2 Not medical, psychological, or clinical advice

The Service does not provide medical, psychological, psychiatric, diagnostic, or clinical advice. Hestia is not a substitute for professional care from a licensed clinician, including a therapist, pediatrician, psychiatrist, or other healthcare provider. The AI parenting coach is a supportive tool only and does not establish a clinician-patient relationship.

Any information, suggestions, or recommendations provided through the Service are general in nature and may not be appropriate for your specific family. Always seek the advice of a qualified professional with any questions about a medical or mental health condition. Never disregard professional advice, or delay seeking it, because of something you read or were told within the Service.

2.3 Not a crisis service

The Service is not a crisis or emergency service. If your child or anyone in your family is in immediate danger or experiencing a mental health emergency, call 988 (the Suicide and Crisis Lifeline), text HOME to 741741 (the Crisis Text Line), call 911, or go to your nearest emergency room. Do not rely on Hestia to alert emergency services or to respond to a crisis.

2.4 Surveys and clinical content

The surveys offered through the Service are screening tools designed by mental health professionals based on real-world practice. They are not diagnostic instruments. Survey results, risk levels, and trend summaries are intended to help you, as a parent, recognize when professional support might be worth considering. They are not a diagnosis and should not be relied on as one.

3. Subscriptions, payments, and trials

3.1 Subscription plans

Certain features of the Service require a paid subscription. Current plans, prices, and billing cycles are described within the Service. By subscribing, you authorize us, or our authorized payment processors, to charge the applicable fees to your selected payment method on a recurring basis.

3.2 Free trials

We may offer a free trial period at the start of certain subscriptions. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged. Trial terms, including length and eligibility, are described at the point of signup.

3.3 Founding member pricing

Founding member pricing is offered to a limited number of early subscribers, as described within the Service. Founding member pricing remains in effect for as long as your subscription stays continuously active. If your subscription lapses or you cancel and later resubscribe, you may not be eligible to reactivate founding member pricing, and standard pricing in effect at that time will apply.

3.4 Renewals and cancellations

Subscriptions automatically renew at the end of each billing cycle until you cancel. You can cancel at any time through the subscription settings of your account or, for App Store subscriptions, through your Apple ID account settings. Cancellation takes effect at the end of the current paid billing period. You will retain access through the end of that period.

3.5 Refunds

Except where required by law, all payments are non-refundable. Subscriptions purchased through the Apple App Store are subject to Apple's refund policies. To request a refund for an App Store purchase, follow Apple's refund process.

3.6 Price changes

We may change subscription prices from time to time. We will give you reasonable notice of any price increase, and the new price will apply to your next renewal. If you do not agree to the new price, you may cancel your subscription before the renewal date.

3.7 Taxes

You are responsible for any sales, use, value-added, or similar taxes that apply to your subscription, except for taxes based on our income.

4. Acceptable use

You agree not to:

• Use the Service for any purpose that is unlawful or prohibited by these Terms.
• Add a child to your family if you are not the parent or legal guardian of that child.
• Use the Service to harm, harass, or exploit another person, including a child.
• Attempt to access, tamper with, or use non-public areas of the Service, our systems, or our service providers' systems.
• Reverse engineer, decompile, or attempt to extract source code from the Service, except where this restriction is prohibited by applicable law.
• Scrape, crawl, or use any automated means to access the Service beyond what we make available through documented interfaces.
• Use the Service to develop a competing product or service, including by training machine learning models.
• Misrepresent your affiliation with any person or entity.
• Upload content that infringes the intellectual property rights of others or that violates any law.

We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms.

5. Your content

The Service allows you to submit information, including survey responses, behavior plan content, conversations with the AI coach, and personal observations (“Your Content”). You retain all rights you may have in Your Content.

You grant Hestia a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, modify, and use Your Content for the limited purposes of operating, providing, and improving the Service for you, and as otherwise described in our Privacy Policy. This license terminates when you or we delete the relevant content, except as required by law or as needed to maintain backups and security logs.

You are responsible for Your Content and for ensuring that it complies with applicable law and these Terms. We do not endorse Your Content.

6. Intellectual property

The Service, including all software, text, graphics, designs, logos, and other content provided by Hestia, is the property of Hestia or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

All rights not expressly granted are reserved. “Hestia” and the Hestia logo are trademarks of Hestia Mental Health LLC. You may not use our trademarks without our prior written consent.

7. Third-party services and platforms

The Service depends on certain third-party providers, including our database provider, our AI provider, our payment processor, and the Apple App Store. We may also link to or integrate with third-party services. We are not responsible for those services or their content, and your use of them is governed by their own terms.

7.1 Apple App Store

If you obtained the iOS application from the Apple App Store, the following terms also apply:

• These Terms are between you and Hestia, not Apple. Apple is not responsible for the application or its content.
• Your use of the application must comply with the Apple Media Services Terms of Service.
• Apple has no obligation to provide maintenance or support for the application.
• If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application.
• Hestia, not Apple, is responsible for addressing any claims relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the application or your use of the application infringes that third party's intellectual property rights, Hestia, not Apple, is responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to the application, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Hestia disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, Hestia does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Hestia does not warrant that any information provided through the Service, including AI-generated content and survey results, is accurate, complete, reliable, current, or suitable for any particular purpose.

You acknowledge that you assume the entire risk of using the Service and any decisions you make based on it. The Service is not a substitute for professional medical, psychological, or clinical care, and Hestia is not liable for any decision you make in reliance on the Service.

9. Limitation of liability

To the fullest extent permitted by law, Hestia and its officers, directors, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost data, business interruption, personal injury, or emotional distress, arising out of or related to your use of, or inability to use, the Service, regardless of the legal theory and even if Hestia has been advised of the possibility of such damages.

In no event shall Hestia's total cumulative liability arising out of or relating to these Terms or the Service exceed the greater of one hundred U.S. dollars ($100) or the amount you paid to Hestia in the twelve months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such limitation is prohibited, our liability is limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Hestia and its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, your violation of any rights of another person, or your content.

11. Termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the Service.

Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination will continue to apply, including the sections on intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

12. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

12.1 Agreement to arbitrate

You and Hestia agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding, individual arbitration rather than in court, except that you or Hestia may bring an individual action in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

12.2 Arbitration procedure

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single neutral arbitrator. The arbitration will be conducted in English, in San Francisco, California, unless you and Hestia agree otherwise, or remotely if circumstances warrant. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class action waiver

You and Hestia agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding.

12.4 Opt out

You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to hello@hestiawellness.com within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.

12.5 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for infringement or misuse of intellectual property rights.

13. Governing law and venue

These Terms and any Dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to the arbitration provisions above, any judicial action arising out of these Terms will be brought exclusively in the state or federal courts located in San Francisco County, California, and you and Hestia consent to the personal jurisdiction of those courts.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the Service or by email, and we will update the “Last updated” date at the top of this page. Your continued use of the Service after a change becomes effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription.

15. Miscellaneous

15.1 Entire agreement

These Terms, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Hestia regarding the Service and supersede any prior agreements between you and Hestia relating to the Service.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

15.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

15.5 Notices

We may provide notices to you through the Service, by email, or by other reasonable means. You may provide notices to us at hello@hestiawellness.com.

16. Contact

Hestia Mental Health LLC
State of California, United States
hello@hestiawellness.com