Terms of Service

1. The Service

"Service" means Jia, the WithJia website, supported messaging, text, voice, account, subscription, memory, personalization, check-in, and related features and services.

Jia is an artificial-intelligence-powered conversational companion designed for conversation, reflection, general information, everyday thinking support, and related purposes.

The Service may change over time. Features available to one user, device, account, location, subscription, or communication channel may not be available to another.

2. Eligibility

The Service is intended only for people who are at least 18 years old.

By using the Service, you represent that you are at least 18 years old and legally capable of entering into this agreement.

We do not knowingly provide the Service to children or minors. If we determine that a person using the Service is under 18, we may suspend or terminate access and take appropriate steps regarding associated information in accordance with applicable law.

3. Acceptance of These Terms

You accept these Terms when you create an account, expressly accept them during onboarding or checkout, or otherwise access or use the Service after being presented with them.

Your acceptance also applies to interactions with Jia through supported communication channels linked to your account.

Where required by applicable law, material changes to these Terms will be presented to you or otherwise communicated before they become binding.

4. Jia Is Artificial Intelligence

Jia is software powered by automated and artificial-intelligence systems.

Jia is not a human being and does not possess consciousness, emotions, judgment, awareness, or human understanding.

Responses may be generated automatically and ordinarily are not reviewed by a human before being provided to you.

Artificial-intelligence systems can make mistakes. Jia may produce responses that are inaccurate, incomplete, outdated, misleading, inconsistent, unexpected, offensive, inappropriate, or unrelated to your circumstances.

We do not guarantee the accuracy, completeness, reliability, usefulness, appropriateness, or suitability of any response.

5. Your Responsibility for Reliance on Jia

You are responsible for evaluating information provided through the Service and for decisions, actions, or omissions arising from your use of Jia.

You should independently verify information before relying on it for a decision that could materially affect your health, safety, finances, legal rights, employment, immigration status, relationships, property, or other significant interests.

Your use of the Service is voluntary and at your own discretion.

A statement, suggestion, reminder, opinion, response, or recommendation generated by Jia does not constitute a guarantee that a particular action is safe, appropriate, lawful, successful, or suitable for you.

6. No Professional Relationship or Professional Advice

The Service does not provide professional medical, mental-health, psychological, therapeutic, legal, financial, investment, tax, immigration, insurance, or other regulated professional services.

Nothing provided through the Service creates a doctor-patient, therapist-client, psychologist-patient, attorney-client, financial-adviser, fiduciary, accountant-client, or other professional relationship.

Conversations are treated as private under our Privacy Policy, but do not carry therapist-client, attorney-client, or other professional confidentiality.

Information generated by Jia is provided for general conversational and informational purposes and is not a substitute for advice from an appropriately qualified professional.

Do not rely on Jia as the sole basis for medical treatment, medication, legal, financial, investment, tax, immigration, insurance, or other safety-critical or professionally regulated decisions.

7. Not an Emergency or Crisis Service

Jia is not an emergency, crisis-response, suicide-prevention, medical-response, law-enforcement, or emergency-monitoring service.

If you believe you or another person may be in immediate danger, may harm yourself or someone else, or may be experiencing a medical or mental-health emergency, contact appropriate emergency services or another qualified source of immediate assistance.

The Service is not designed to replace emergency services or qualified crisis professionals.

8. No Duty to Monitor, Detect, Intervene, or Rescue

We do not continuously monitor conversations and do not undertake a duty to monitor your wellbeing or safety.

We do not guarantee that the Service will identify, recognize, understand, escalate, or respond appropriately to messages suggesting self-harm, harm to others, abuse, medical emergencies, criminal conduct, exploitation, dangerous situations, or other risks.

Automated systems may sometimes attempt to identify potentially concerning content. Any such functionality is best-effort only and may fail to identify relevant content, may identify content incorrectly, or may respond too late.

We do not undertake a duty to contact emergency services, family members, friends, authorities, professionals, or other third parties on your behalf.

You must not rely on the Service to monitor you or another person or to obtain assistance in an emergency.

9. Proactive Check-Ins and Automated Messages

If enabled for your account or permitted by your preferences and applicable law, Jia may send proactive or automated messages such as conversational follow-ups, reminders, continuity messages, or general check-ins.

These messages may be selected, generated, or timed automatically.

They may arrive at an inconvenient time, may refer to context that has changed, may misunderstand prior conversation, may be delayed, or may not be delivered at all.

A check-in, reminder, follow-up, or the absence of one does not mean that WithJia is monitoring your wellbeing, confirming your safety, supervising your circumstances, or undertaking to follow up on any matter.

You can turn off proactive check-ins through your preferences or by telling Jia that you would rather not receive them. Contact support@withjia.com if you need help.

Stopping check-ins does not stop replies to messages you send or important account updates, such as a low message-pack balance, and other necessary account, billing, legal, fraud-prevention, or security communications. Jia will not contact someone because you do not reply to a check-in.

10. SMS Messages

Where you separately consent to receive SMS messages, we may send recurring automated messages relating to Jia, conversational continuity, check-ins, account activity, or the Service.

SMS consent is optional unless a particular feature expressly requires SMS functionality, and marketing or conversational SMS consent is not a condition of purchasing a subscription.

Message frequency may vary. Message and data rates may apply.

Where supported, you may reply STOP to opt out of recurring SMS messages and HELP for assistance.

Your SMS opt-out does not prevent us from sending communications that applicable law permits or requires us to send, including certain security, account, transaction, legal, or service-related notices.

11. User Content

"User Content" means information, text, speech, messages, instructions, feedback, and other material you provide through the Service.

You retain any ownership rights you may have in your User Content.

You grant us a worldwide, non-exclusive, royalty-free right to host, transmit, store, reproduce, process, transcribe, analyze, modify as technically necessary, and otherwise use User Content to provide, maintain, secure, personalize, support, and improve the Service, subject to our Privacy Policy and applicable law.

This permission does not authorize training AI models on your conversations, selling private conversations, sharing them with advertisers, or using them for advertising. Conversation improvement means occasional quality review, distinct from conversational memory or model training.

You represent that you have the right to provide the User Content you submit and that your submission and our permitted processing of it do not unlawfully violate another person's rights.

You are responsible for information you choose to provide about other people.

12. Memory and Personalization

The Service may retain or derive information from interactions to improve conversational continuity and personalization.

This may include preferences, context, topics previously discussed, goals, people or events mentioned in conversations, account preferences, and related information.

Memory and personalization systems are automated and may be incomplete, inaccurate, outdated, duplicated, or mistaken.

Jia may fail to remember something, may recall something incorrectly, or may associate information with the wrong context.

You should correct Jia when remembered information is inaccurate and should not rely on memory functionality as an authoritative record.

Memory is part of the Service and cannot be turned off while chatting; there is no off-the-record mode. Calls are recorded and transcribed, and recording cannot be turned off during a call.

Call recordings are automatically deleted after 14 days. That period does not apply to all transcripts, memories, or other records. You can request a copy of your information or deletion of eligible information through support@withjia.com; each is fulfilled within 30 days, with deletion subject to the retention exception in the Privacy Policy.

Our handling of conversation and memory-related information is further described in the Privacy Policy.

13. Acceptable Use

You may use the Service for lawful personal purposes consistent with these Terms.

You agree not to:

• use the Service if you are under 18;
• violate applicable law or another person's rights;
• threaten, harass, stalk, exploit, impersonate, defame, or abuse another person;
• use the Service to facilitate fraud, exploitation, serious harm, unlawful conduct, or abuse;
• attempt to obtain unauthorized access to accounts, systems, data, or infrastructure;
• circumvent security, safety, usage, billing, authentication, moderation, or access controls;
• reverse engineer, decompile, disassemble, scrape, extract, discover, reproduce, or attempt to obtain underlying source code, prompts, model instructions, system configurations, protected datasets, or non-public technical information except where applicable law expressly permits such activity;
• use automated or scripted methods to access the Service without our authorization;
• interfere with or disrupt the Service;
• resell, sublicense, commercially exploit, or share account access without our written permission;
• misrepresent output from the Service as human-generated where doing so would be deceptive or unlawful; or
• use the Service in a manner that imposes unreasonable technical load or materially interferes with other users.

We may investigate suspected misuse and restrict or terminate access where reasonably necessary to protect the Service, users, third parties, or our legal interests.

14. Accounts and Security

You are responsible for maintaining control over devices, credentials, phone numbers, email addresses, authentication methods, and other means used to access your account.

You are responsible for activity occurring through your account unless prohibited by applicable law.

Notify us promptly if you believe your account or access credentials have been compromised.

We may use reasonable verification, authentication, fraud-prevention, and security measures before granting access to an account or acting on certain requests.

15. Subscriptions

Paid plans are billed according to the price, billing period, features, and usage allowances displayed before purchase.

Subscription features and allowances may vary by plan, location, communication method, account status, or service availability.

See My Jia for your current plan, usage, and remaining messages or minutes.

Unless otherwise stated, a subscription is personal and may not be shared or resold.

16. Free Access

We may offer free trials, introductory access, promotional access, free usage allowances, or a limited free plan.

Availability, duration, features, and usage limits of free access may change or be discontinued.

We may impose reasonable restrictions designed to prevent abuse or misuse of free access.

17. Usage Allowances and Fair Use

Plans may include limits on messages, voice minutes, features, frequency, or other usage.

Normal personal conversational use is considered fair use.

Automated activity, account sharing, circumvention of usage limits, resale, unusually excessive use, or activity that materially burdens the Service may be restricted.

When an allowance is exhausted, a feature may pause, become unavailable, require additional usage purchase, or become available again according to the applicable plan.

18. Additional Usage and Top-Ups

Where offered, users may purchase additional usage or credits.

Additional usage may be subject to expiration periods, eligibility requirements, account status requirements, plan restrictions, and other conditions disclosed before purchase.

Unless required by applicable law or expressly stated otherwise at purchase, unused promotional or complimentary usage has no cash value.

19. Automatic Renewal

Paid subscriptions may renew automatically at the end of each billing period until cancelled.

Before subscribing, you will be shown the applicable billing frequency and price.

By purchasing a recurring subscription, you authorize recurring charges to your selected payment method until cancellation, subject to applicable authentication requirements and law.

If payment cannot be processed, access to paid features may be restricted or suspended.

20. Taxes and Charges

Applicable taxes, government charges, carrier charges, messaging charges, data charges, or other third-party costs may apply depending on your location and method of access.

We are responsible only for taxes and charges that applicable law requires us to collect or display as part of the transaction.

21. Cancellation

You may cancel a recurring paid subscription through the subscription-management option in My Jia. You can also check subscription and cancellation status there; asking Jia about cancellation does not itself cancel a subscription.

Unless otherwise required by applicable law, cancellation ordinarily stops future renewal and takes effect at the end of the then-current paid billing period.

Access to paid features may continue through the end of that period.

Deleting an application, discontinuing conversations, or ceasing use of the Service does not necessarily cancel an active subscription.

22. Refunds

Refund eligibility is governed by the refund terms presented at purchase, any applicable Refund and Cancellation Policy, and mandatory rights under applicable law.

For help with a refund request, contact support@withjia.com.

Nothing in these Terms removes refund or cancellation rights that cannot legally be excluded.

23. Service Availability

We do not guarantee that the Service will always be available, uninterrupted, secure, error-free, or compatible with every device, network, location, or communication channel.

The Service may experience maintenance, delays, outages, interruptions, data loss, communication failures, technical errors, third-party failures, or other disruptions.

We may temporarily or permanently restrict functionality where reasonably necessary for security, legal compliance, maintenance, abuse prevention, technical reasons, or operational reasons.

24. Changes to the Service

We may add, remove, replace, modify, suspend, restrict, or discontinue features, functionality, models, communication channels, memory capabilities, personalization features, plan benefits, usage allowances, or other aspects of the Service.

We do not guarantee continued availability of any particular feature or technical implementation.

Where applicable law requires notice, consent, refunds, or other remedies in connection with a material change, we will comply with those requirements.

25. Third-Party Services

The Service relies on third-party services and infrastructure to function.

Those services may experience delays, outages, errors, security incidents, policy changes, geographic restrictions, or other events outside our reasonable control.

To the maximum extent permitted by law, we are not responsible for failures caused solely by third-party systems or services outside our reasonable control.

Our use of service providers and handling of personal information is described in the Privacy Policy.

26. Intellectual Property

The Service, including its software, design, branding, interfaces, systems, workflows, prompts, configurations, documentation, content created by us, and related intellectual property, is owned by or licensed to 9763341 Canada Inc. and protected by applicable intellectual-property laws.

Except for the limited right to use the Service under these Terms, no rights are transferred to you.

You may not use our names, logos, branding, proprietary content, systems, or other intellectual property except as expressly permitted by us or applicable law.

If you provide feedback, suggestions, ideas, or recommendations regarding the Service, you grant us the right to use them without restriction or compensation to you.

27. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, QUALITY, SECURITY, OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

WE DO NOT WARRANT THAT ANY OUTPUT, RESPONSE, INFORMATION, MEMORY, REMINDER, CHECK-IN, RECOMMENDATION, OR OTHER RESULT FROM THE SERVICE WILL BE ACCURATE, APPROPRIATE, COMPLETE, SAFE, OR SUITABLE FOR YOUR PARTICULAR PURPOSE.

Nothing in this section excludes warranties, conditions, guarantees, or consumer rights that cannot lawfully be excluded.

28. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9763341 Canada Inc. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

This includes, without limitation, loss of profits, revenue, business opportunity, goodwill, data, information, expected savings, or business interruption, and claims for emotional distress or similar consequential harm, to the extent such limitation is permitted by law.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid to 9763341 Canada Inc. for the Service during the three months immediately preceding the event giving rise to the claim; or (b) CAD $100 if you paid no amount during that period.

The limitations apply regardless of whether a claim arises in contract, tort, negligence, statute, strict liability, or another legal theory and even if we were advised that damages were possible.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence where it cannot legally be limited, or any other liability or consumer right that applicable law prohibits us from excluding or limiting.

The parties acknowledge that the limitations in this section are an essential allocation of risk reflected in the availability and pricing of the Service.

29. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 9763341 Canada Inc. and its directors, officers, employees, contractors, affiliates, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable legal costs arising from: (a) your unlawful or unauthorized use of the Service; (b) your material breach of these Terms; (c) User Content you provide that violates another person's rights; (d) your violation of applicable law; or (e) your misuse of the Service.

This indemnity does not apply to the extent a claim results from our own gross negligence, wilful misconduct, or other conduct for which liability cannot legally be excluded.

We may assume control of the defense of a matter subject to indemnification, and you agree to provide reasonable cooperation.

30. Suspension and Termination

We may restrict, suspend, or terminate access to the Service when reasonably necessary because of breach of these Terms, suspected fraud or abuse, safety or security risks, non-payment, unlawful activity, material risk to other users or third parties, legal or regulatory requirements, attempts to compromise or misuse the Service, or discontinuation of the Service.

Where appropriate and legally required, we will provide notice or an opportunity to address the issue.

Termination does not eliminate obligations that by their nature should survive termination.

31. Changes to These Terms

We may update these Terms from time to time.

Where a change is material and applicable law requires notice or renewed consent, we will provide the required notice or obtain the required consent.

Continued use of the Service after an update becomes effective may constitute acceptance where permitted by applicable law.

We may retain historical versions and acceptance records for legal, security, compliance, and recordkeeping purposes.

32. Governing Law

These Terms are governed by the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws principles.

Subject to any mandatory rights or jurisdictional protections available to you under applicable consumer law, disputes arising out of or relating to these Terms or the Service will be subject to the jurisdiction of the courts of Ontario, Canada.

Before commencing formal proceedings, you are encouraged to contact support@withjia.com so the parties can attempt to resolve the matter informally.

Nothing in this section prevents either party from seeking urgent or protective relief where permitted by law.

33. Mandatory Consumer Rights

Nothing in these Terms is intended to waive, restrict, or exclude a consumer protection, privacy right, remedy, warranty, court right, class-proceeding right, or other statutory right that applicable law does not permit you to waive.

Where mandatory local law conflicts with these Terms, the mandatory law applies to the extent of the conflict.

34. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular paid product, promotion, or feature, constitute the agreement between you and us concerning the Service.

They supersede prior representations or agreements concerning the same subject matter, except where applicable law provides otherwise.

35. Severability

If a provision of these Terms is found unenforceable, invalid, or unlawful, it will be interpreted or limited to the minimum extent necessary to make it enforceable where permitted by law.

If it cannot be made enforceable, it will be severed, and the remaining provisions will remain in effect.

36. No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

A waiver is effective only if expressly made by an authorized representative.

37. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, change of control, or transfer of the Service, subject to applicable law.

If information transfers to a new owner of WithJia, it must continue to receive the same protection. We will tell you before the transfer so you can request deletion through support@withjia.com, as described in the Privacy Policy.

38. Force Majeure

To the maximum extent permitted by law, we are not responsible for delay or failure caused by events beyond our reasonable control, including internet or telecommunications failures, infrastructure failures, natural disasters, governmental actions, labour disputes, war, civil unrest, widespread cyber incidents, or failure of essential third-party services.

39. No Third-Party Beneficiaries

Except where expressly stated otherwise, these Terms do not create enforceable rights for any person or entity other than you and 9763341 Canada Inc..

40. Survival

Provisions concerning intellectual property, user responsibility, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive will continue after termination of your use of the Service.

41. Contact

Questions about these Terms may be sent to:

support@withjia.com

WithJia and Jia are operated by 9763341 Canada Inc., Ontario, Canada.