Terms of Service

These Terms of Service ("Terms") govern your access to and use of the products and services provided by Ziya HealthTech Pvt. Ltd. ("Ziya," "we," "us," or "our"), including our websites, mobile applications, software, and related online services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must stop using the Services immediately.

1. Agreement to Terms

By using the Services, you acknowledge that you have read and understood these Terms, agree to comply with them, and accept our Privacy Policy (separate document). If you do not agree, you may not use the Services.

2. Eligibility & Accounts

• You must be at least 18 years old to use the Services. Users aged 13–17 years may use the Services only with parental or guardian consent.
• You agree to provide accurate, current, and complete information during account registration and keep it updated.
• You are responsible for maintaining the confidentiality of your login details and for all activity under your account.
• We may suspend or terminate your account if you provide false information or violate these Terms.

3. Services Offered

• Ziya provides mental wellness content (e.g., meditation, breathing exercises, motivation, sleep sounds) and mental health disorder support tools (e.g., self-assessments, AI-driven guidance).
• Ziya does not provide medical services, clinical diagnosis, or emergency support.
• Content and tools are for personal, non-commercial use only.

4. Subscriptions, Free Trials, Family & Gift Plans

• Access to certain Services requires a paid subscription. Subscriptions are offered on recurring billing cycles (monthly, yearly, or as otherwise specified).
• Free Trials may be available. Unless cancelled before the end of the trial, the subscription automatically converts into a paid plan.
• Family Plans allow one primary user and up to 5 additional members under the same plan. The primary user must be 18+.
• Gift Plans are available through prepaid codes. Gift codes are non-refundable, non-transferable, and cannot be exchanged for cash.
• Subscriptions will automatically renew unless cancelled at least 24 hours before the next billing cycle.

5. Payments & Refunds

• You must provide a valid and up-to-date payment method.
• All fees include applicable taxes unless stated otherwise.
• Except as required by applicable law, all payments are non-refundable.
• Purchases are not contingent on future features, releases, or upgrades.

6. Use of Services & Restrictions

You agree not to:

• Use the Services for any unlawful, harmful, or abusive purpose.
• Copy, modify, distribute, or create derivative works of our Services without permission.
• Record, scrape, or extract data from the Services.
• Use the Services while driving, operating heavy machinery, or engaging in activities requiring full attention.

7. User Content & License

• Users may post or share content (e.g., text, images, comments) through the Services ("User Content").
• You retain ownership of your User Content, but grant Ziya a worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute it in connection with providing and promoting the Services.
• You represent and warrant that your User Content does not infringe on any third-party rights.

8. Intellectual Property

• All rights, title, and interest in the Services (including software, designs, graphics, audio, video, and branding) remain the property of Ziya or its licensors.
• You are granted a limited, revocable, non-transferable license to access and use the Services for personal, non-commercial use only.

9. Prohibited Conduct

You may not:

• Upload harmful, obscene, defamatory, or discriminatory content.
• Harass, threaten, or harm other users.
• Circumvent technical measures or security features.
• Use automated tools (bots, crawlers, scrapers) without our consent.

We reserve the right to remove prohibited content and suspend or terminate accounts.

10. Medical & Safety Disclaimer

• Ziya is not a medical provider and does not offer professional medical advice, diagnosis, or treatment.
• The Services are for informational and wellness purposes only.
• If you have a medical condition, consult a qualified healthcare professional.
• Ziya does not provide emergency services. If you experience a crisis or medical emergency, call your local emergency number immediately.

11. Termination & Account Deletion

• You may terminate your account at any time.
• We may suspend or terminate your account for violation of these Terms.
• Upon termination, all rights granted to you will end, but disclaimers, limitations of liability, and dispute resolution provisions will survive.

12. Indemnification

You agree to indemnify and hold harmless Ziya, its directors, employees, and affiliates from any claims, damages, or expenses arising from your use of the Services, your User Content, or your violation of these Terms.

13. Limitation of Liability

To the fullest extent permitted by law:

• Ziya shall not be liable for indirect, incidental, or consequential damages (including loss of data, profits, or goodwill).
• Ziya's maximum liability to you shall not exceed the greater of: (a) the amount you paid us in the past 12 months, or (b) INR 4,000 (USD $50 equivalent).

14. Governing Law & Dispute Resolution

• These Terms are governed by the laws of India.
• Exclusive jurisdiction lies with the courts of Ahmedabad, Gujarat.
• You waive any right to participate in class actions or collective claims.

15. Modifying & Terminating Services

We may update, change, or discontinue any part of the Services at any time. If a change materially affects you, we will provide notice.

16. Changes to Terms

We may revise these Terms periodically. Updates will be posted within the Services. Continued use after changes constitutes acceptance of the revised Terms.

17. Miscellaneous Provisions

• If any part of these Terms is held invalid, the rest will remain in effect.
• You may not assign or transfer your rights under these Terms without our consent.
• All communications may be provided electronically.

18. Contact Information

For questions about these Terms, contact us at:

19. Apple iOS Custom EULA

The following applies if you use the Services on an Apple device:

• These Terms are between you and Ziya, not Apple.
• Apple is not responsible for the Services or their content.
• Your license to use the app is limited to Apple-branded devices you own or control.
• Apple has no obligation to provide support or maintenance.
• In case of failure, you may notify Apple, which may refund the purchase price (if any). Beyond that, Apple has no warranty obligation.
• Apple is not liable for any claims related to the app or your use of it.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20. Global Addendum

If you are located in a jurisdiction that requires consumer guarantees that cannot be excluded (e.g., EU or Australia), these Terms do not limit your statutory rights.

21. India Addendum

• These Terms are subject to the Information Technology Act, 2000 and the Consumer Protection Act, 2019.
• Disputes shall be subject to the jurisdiction of courts in Ahmedabad, Gujarat only.
• Users under the age of 18 must obtain consent from a parent or legal guardian before using the Services.

22. MindCare Feature Disclaimer

The MindCare feature in the Ziya app provides users with access to self-assessment questionnaires based on widely used, standardized screening tools such as the PHQ-9, GAD-7, and similar instruments.

Informational Use Only

• The self-assessment tools are intended solely for personal insight, education, and general wellness purposes.
• They are not designed to provide a clinical diagnosis of any mental health condition.

No Substitute for Professional Care

• The results, whether shown as numerical scores or descriptive feedback, are only indicators of potential areas of concern.
• They must not be considered a substitute for a full evaluation, diagnosis, or treatment plan from a licensed mental health professional.

Professional Consultation Strongly Advised

If your results indicate moderate to severe symptoms, or if you are experiencing significant distress, you should promptly consult a psychiatrist, psychologist, or other qualified healthcare professional.

Emergency Disclaimer

• Ziya does not provide crisis or emergency services.
• If you are in immediate danger, feel unsafe, or are considering harming yourself or others, you must call your local emergency number immediately or seek help from a crisis helpline in your country.

Limitation of Liability

• Ziya HealthTech Pvt. Ltd., its affiliates, and its licensors disclaim all liability for any harm, loss, or adverse consequences resulting from reliance on or interpretation of self-assessment results.
• By using the MindCare feature, you acknowledge that your use is voluntary and at your own risk.

23. ZiyaAI Feature Disclaimer

ZiyaAI is an artificial intelligence–powered chatbot designed to provide users with general information, coping strategies, and guidance related to mental health, wellness, and sub-clinical conditions.

Informational and Supportive Use Only

• ZiyaAI's responses are intended for educational and wellness purposes.
• While the chatbot may address topics related to mental health disorders (e.g., depression, anxiety, OCD), its guidance is not a clinical diagnosis and cannot replace professional evaluation or treatment.

No Substitute for Professional Care

• ZiyaAI cannot assess individual medical histories, provide personalized medical treatment, or prescribe medication.
• All outputs are generated by AI and should be interpreted as general guidance only.
• You should not rely solely on ZiyaAI for decisions about your mental health.

Escalation to Professionals

If you experience moderate to severe symptoms, or if ZiyaAI's responses indicate potential risk, you are strongly advised to consult a licensed psychiatrist, psychologist, or healthcare provider.

Emergency Safety Disclaimer

• ZiyaAI is not designed for crisis or emergency support.
• If you are in immediate danger, feel unsafe, or are thinking about harming yourself or others, you must call your local emergency number right away or seek support from a crisis helpline in your region.

Limitation of Liability

• Ziya HealthTech Pvt. Ltd., its affiliates, and licensors disclaim all liability for any loss, harm, or adverse consequences resulting from reliance on ZiyaAI responses.
• By using ZiyaAI, you acknowledge that the interaction is informational in nature and that you use the chatbot at your own risk.