Terms of Service

1. Description of Service

PowerPal provides an AI-powered emotional support service designed to offer emotional advice and support for well-being.
Through our website and WhatsApp platform, users can interact with our AI avatars for support.
Users can communicate with avatars via chat on our website or through WhatsApp messaging. Sessions are conducted in a way similar to real-life emotional support interactions, with options to book chats or send messages, depending on the subscription plan selected.
The avatars are designed to simulate a real-life experience, and their logic is inspired by known therapeutic approaches and methods.
Please note that PowerPal.AI is not a replacement for licensed therapy or professional mental health care.

2. PowerPal Mind Disclaimer

PowerPal's AI-Driven Emotional Support Service (“PowerPal Mind”) is designed to provide advice and support for your wellbeing. Despite our efforts to ensure the efficacy of our service, you acknowledge that our service:

1. Does not replace advice, diagnosis, or treatment from a qualified or licensed healthcare professional, including mental health professionals such as psychologists or psychotherapists.
2. Is based on algorithms and artificial intelligence models and therefore, may be inaccurate or incorrect, also might not be applicable to every individual's unique situation.
3. The Emotional Advisors you interact with on our service are not real humans, they are AI avatars, they are not licensed professionals.
4. Is intended for individuals over 18 years old. If you are under 18, do not use this service.
5. Is not a crisis intervention service and is not designed to provide immediate responses in the event of a health emergency, in such situations, you must immediately contact your local health emergency services here - https://en.wikipedia.org/wiki/List_of_suicide_crisis_lines.
   If you have planned or are planning to commit suicide, or if you have planned or are planning to harm yourself or someone within the last month, do not use this service. Instead, you must immediately contact your local health emergency services here - https://en.wikipedia.org/wiki/List_of_suicide_crisis_lines.
6. May occasionally malfunction or produce unexpected or incorrect results. In such cases, PowerPal disclaims any responsibility or liability for any direct or indirect harm or damages that may result from using the service.
7. Your messages may be read to improve the service and the support experience. These messages might be reviewed by our developers, psychologists or psychology students who care and want to help you. Any identifying details about you will not be included when your messages are read, ensuring that your information remains protected and confidential. This review process is conducted randomly, so most messages are unlikely to be read by anyone.

Furthermore, use of our service is at your sole risk and discretion. PowerPal shall under no circumstances be held liable for any psychological, physical distress or harm, or any direct or indirect damages resulting from, or in connection with, the use of the service.

3. User Conduct

By using PowerPal, you agree to the following:

1. You will use PowerPal only for lawful purposes and in accordance with these terms and conditions.
2. You will not use PowerPal to transmit any unlawful, harassing, defamatory, obscene, or otherwise objectionable content.
3. You will not use PowerPal in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use of the service.
4. You will not use PowerPal to impersonate any person or entity, or falsely represent your affiliation with any person or entity.
5. You will not attempt to reverse engineer, extract, or otherwise obtain system prompts or any other proprietary information, as these are considered protected assets.
6. You will not create multiple accounts to bypass service limitations, restrictions, or abuse free trials. Any attempt to do so may result in the suspension or termination of your access to the service.
7. Users who violate this policy by creating multiple accounts are not eligible for refunds or any other form of compensation, including refunds for subscription payments or promotional offers.

4. Proprietary Rights

The content and materials on PowerPal, including but not limited to text, graphics, logos, images, and software, are the property of PowerPal or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or modify any content or materials from PowerPal without our prior written consent.
We reserve all rights of the service. Therefore, you are not allowed to resell any of our products.

5. Disclaimer of Warranties

PowerPal is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that PowerPal will be uninterrupted or error-free, or that any defects will be corrected.

6. Limitation of Liability

In no event shall PowerPal, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of PowerPal, whether based on contract, tort, strict liability, or any other legal theory.

7. Indemnification

You agree to indemnify and hold harmless PowerPal, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with your use of PowerPal, including but not limited to any violation of these terms and conditions.

8. Modifications

We reserve the right to modify or update these terms and conditions at any time, with or without notice. Your continued use of PowerPal following any such modifications constitutes your acceptance of the updated terms and conditions.

9. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of Israel. Any dispute arising out of or in connection with these terms and conditions shall be resolved exclusively in the courts of Israel.

10. Privacy

Our Privacy Notice defines the personal data you provide us with. By using the PowerPal Service, you agree to the Terms of this Notice.

11. Service Usage Data

By using the website and/or the app and/or the WhatsApp contact bot, information about how you use the service will be collected. This information helps us make decisions to improve your experience and enhance our service. For more details on how we collect, use, and protect your data, please refer to our Privacy Policy.

12. Notice to You - Email & Messages

By registering for our service, you give your consent to receive chat messages, WhatsApp messages and emails regarding your account, functionality, updates, and promotional emails. Promotional emails can be unsubscribed at any time using the link attached to them in every promotional email we send. Alternatively, you can contact us with a request to unsubscribe.

13. User Types

There are 3 types of user - Guest, Free Trial Subscriber and Active Subscriber. In most cases, guest user will get a few messages to try the service, but in order to activate a free trial with additional messages and time, the user must subscribe. To subscribe, the user will fill in his details, select a plan, and add payment details. After the free trial has ended, the user will be charged automatically and his subscription will be activated. Then, the user will be able to interact with the service, he will be able to send messages and/ or book chats. The actual number of credits the user will get will be determined by the plan he has picked.

14. Free Trial

After subscribing, the user will usually get a free trial for a limited time, with a limited number of credits and/ or limited ‘time credits’ to book chats. Our plans might offer different free trial periods with different number of credits. In some rare cases, the free trial period could be slightly longer or shorter than stated on the site. In some plans, the free trial is also limited to several messages within several hours. After the trial period expires, the user will be charged automatically, and their subscription will become active. In case the user has used all their credits provided during the free trial, they will no longer be able to interact with the service. To continue using the service, the user can either wait for their subscription to start automatically at the end of the trial period (when they will be charged), or, if they prefer not to wait, they can activate their subscription immediately by making a purchase during the trial period.

15. PowerPal Bot Accuracy

PowerPal internally developed methods and algorithms, and works with several 3rd party APIs such as LLMs APIs (OpenAI models & other), Speech-to-Text services, Text-to-Speech services and more. PowerPal's product is constantly improving, and we always strive to deliver the best responses in the market with the highest accuracy rates and the fastest response time. However, on some occasions, PowerPal may deliver inaccurate or even incorrect results to the user. PowerPal's responses should be handled with extra care.

16. Payment and Billing Information

Our payment solutions are FastSpring and PayPal. Any personal data you provide to PayPal or FastSpring will be processed by them in accordance with their privacy policies. Please review FastSpring and PayPal's terms of service and privacy policies to understand what types of personal data they collect from you and how such data is processed. Your full credit card number will never reach our servers and will be sent directly to FastSpring from your computer. We also store information about your subscription details, including plan, status, price, first billing date, current billing period, and paid-through date.
After subscribing to the service, you will receive a link to access your personal account on FastSpring. In your FastSpring account, you can view and download all your payment receipts at any time. This link will allow you to manage your billing information and review past transactions whenever needed.

17. Subscription Cancellation

A user who would like to cancel their PowerPal subscription can do so at any time using one of the following three methods:

1. Cancellation Link: We send an email with a cancellation link to every subscriber who completes the subscription process on our site. The email is sent to the address used during registration. The cancellation email is sent from one of our resellers, "FastSpring". To cancel your subscription, please check the emails you received from "FastSpring" and click on the provided link to access the subscription management portal. Please note that charging, refunding, and canceling processes are technically operated by our resellers, "FastSpring," and PowerPal is not responsible for these processes.
2. Email Request: You can send an email to support@powerpal.ai with a cancellation request. Please ensure that the email is sent from the email address you used to register for our service. If the cancellation request is sent from a different email address, we may require additional details for authentication. Please allow us up to 7 days to fulfill your request.
3. Contact Form: You can submit a cancellation request through our Contact Us form. Please allow us up to 7 days to fulfill your request.

A user who explicitly requested to cancel their account through one of the aforementioned methods before their free trial period ended will not be billed, or we will automatically issue a full refund.

18. Refunds

If you have not used more than 25 credits and you have not booked more than 1.5 hours of chats in the billing cycle you're requesting a refund for, then our policy allows you to request a refund. PowerPal offers a default 5-day, 100% Money-Back Guarantee. Some plans may offer longer refund windows, such as 7 days, 14 days, or 30 days. By default, and unless otherwise stated, users can request a full refund within no longer than 5 days after their payment. Refund requests made after the maximum time frame of the plan's "100% Money-Back Guarantee" will not be issued.
To request a refund, please send an email to support@powerpal.ai specifying the exact amount you were billed. This email must be sent from the email address you registered with for our service. If the email is sent from a different email address, we may require additional details for authentication. Please allow us up to 7 days to fulfill your request.

19. Plan Prices

Prices for our plans are shown without VAT on our site. VAT may apply in some countries and, if applicable, will be added at checkout based on your location.

20. Description of Legacy Services

PowerPal provides a range of AI-driven services beyond emotional support, including tutoring, advisory, and general informational support across various fields. These legacy services are designed to offer insights and assistance specific to each area, accessible through our website and WhatsApp platform.

Users can interact with AI avatars for support, book chats, or send messages, depending on the subscription plan. While each service strives to provide valuable guidance, these services are not a substitute for professional expertise or personalized support.

21. PowerPal Legacy Services Disclaimer

PowerPal offers various AI-driven services beyond emotional support, designed to provide general guidance, support, or insights in specific fields. Despite our efforts to ensure service quality, you acknowledge that these legacy services:

1. Do not replace professional advice, diagnosis, treatment, or counsel from licensed professionals in their respective fields.
2. Are based on algorithms and artificial intelligence models, meaning that the advisors you interact with are AI avatars, not real humans, and are not licensed professionals.
3. Are intended for individuals over 18 years old. If you are under 18, do not use these services.
4. May occasionally malfunction or produce unexpected or incorrect results. In such cases, PowerPal disclaims any responsibility or liability for any direct or indirect harm, misunderstandings, or damages that may result from using these services.
5. May involve the random review of user messages to improve service quality and user experience. Identifying details are removed to protect user confidentiality, and message reviews are conducted sporadically, so most messages are unlikely to be read by anyone.

Use of these legacy services is at your sole risk and discretion. Under no circumstances shall PowerPal be held liable for any distress, harm, or any direct or indirect damages resulting from, or in connection with, the use of these services.

22. Your Content

You retain all rights and ownership of your content. PowerPal does not have any ownership rights regarding your content such as your messages.

23. Our Access

We do not analyze, scan, copy, or perform any other actions with the interactions you made with the bot. We may do that solely for the purpose of solving technical issues.

24. Overuse

Please be advised that you must not misuse the PowerPal Service. You are not allowed to:

• Copy, stream, or resell the Service and its content.
• Use the content to create any kind of database.
• Share content or engage in behavior that violates anyone's Intellectual Property Rights.
• Violate applicable law.
• Access our internal APIs.

25. Third-Party Services

PowerPal utilizes third-party services such as OpenAI, Midjourney, DALL-E, Google Tag Manager and more; However, we do not have complete control over them. These services can provide information, to contain links, special offers, or advertising that are not controlled by PowerPal.
By using the service, you agree that PowerPal is not responsible for any damage or loss related to your interaction with third-party services.

26. Storage

We store your interactions between you and the avatars/ WhatsApp bot for functionality.
However, in some cases we might store only a limited number of interactions.
Therefore, you should keep your interactions with your avatars/ WhatsApp bot.
PowerPal is not responsible for any loss of your messages with the avatars/ WhatsApp bot, and, will not, and cannot provide a copy of them to you.

27. Termination

Termination by You: You can stop using PowerPal at any time, and there is no obligation to pay any fees.
Termination by Us: PowerPal reserves the right to terminate the Service at any time. We may terminate your right to use the Service under the following circumstances:

• We are required to do so by law.
• We discontinue the Service.
• You breach any provisions of these terms.
  In case of any breach of these terms and conditions, we reserve the right to block your access to the service without prior notice and take legal actions as necessary.

28. Investigations

We have the right to access information about you in specific situations, such as when required by law, to respond to your requests, or when necessary to protect our rights and safety. For more detailed information about how and when we may access your data, please refer to our Privacy Policy.

29. Entire Agreement

These terms constitute the entire agreement between you and us regarding your use of the Service, replacing any previous agreements between you and us.

30. Multifarious

English Version: The English version of this agreement will be used for construing and interpreting this agreement.
Non-Assignment: You may not assign your rights or transfer these terms to any third party without our prior written consent.

31. Disputes and Resolutions

By using our website, you agree to first attempt to resolve any concerns or disputes by contacting us. If a dispute cannot be resolved within 30 days, it may be submitted to final and binding arbitration.
There will be one arbitrator selected by both you and PowerPal. However, binding arbitration must always be preceded by a conciliatory procedure. If the discussions during conciliation are unsuccessful, either party may submit the dispute for binding arbitration.

32. Contact Information

PowerPal
Tashi St, Ramat Gan, Israel
Email: support@powerpal.ai
If you have any questions, please don't hesitate to contact us.

These terms and conditions are effective as of May 14, 2023.