Terms of Service

1. Eligibility

You must be at least 18 years old and have the legal authority in your jurisdiction to enter into a contract. By subscribing, you confirm you meet these requirements.

2. Account & Access

• Your phone number is your account identifier. Access to the web dashboard is optional and use of a unique login (via SMS or magic link) is your responsibility.
• You are responsible for all activity originating from your account and must secure access credentials.

3. Subscription & Payments

• Sidekick operates on a recurring subscription model, billed via Stripe as our payment processor.
• All payments are processed securely through Stripe in accordance with their Terms of Service and Privacy Policy. We do not store card details.
• Subscription fees are charged in advance on a monthly or annual basis, depending on your selected plan.
• You may cancel your subscription at any time through your account dashboard or by contacting support.
• Upon cancellation, you will continue to have access to the service until the end of your current billing period.

4. Free Trial & Refund Policy

• Free Trial: We offer a free trial period for new subscribers (14 days for all plans). During the trial period, you have full access to all features without charge.
• Trial Cancellation: You may cancel your subscription at any time during the free trial period without being charged. If you cancel during the trial, your access will end immediately.
• Automatic Billing: At the end of your free trial period, your subscription will automatically begin and you will be charged the applicable subscription fee unless you have cancelled.
• Refund Policy: We do not provide refunds for subscription fees except in the following circumstances:
  • Technical issues that prevent you from accessing the service for more than 24 hours
  • Billing errors or duplicate charges
  • As required by applicable law in your jurisdiction
• Refund Requests: To request a refund, contact our support team within 30 days of the charge. Refund requests are reviewed on a case-by-case basis.
• Partial Refunds: We do not provide partial refunds for unused portions of billing periods.
• Chargebacks: If you dispute a charge with your payment provider, we reserve the right to suspend or terminate your account immediately.

5. Service Use

• Sidekick sends one prompt per day via SMS (unless modified in user settings). Your responses are recorded as entries.
• You acknowledge that daily entries may contain personal, emotional, or sensitive content; you may include mood ratings or other reflections.
• We may use OpenAI API to generate personalized prompts. Our AI may analyze anonymized extracts or keywords from your entries for personalization (full transcripts are not used for model training unless consented). Data handling with OpenAI is subject to their DPA and SOC 2‑level security practices (data encrypted in transit and at rest).
• We also use PostHog and Google Analytics/Tag Manager to collect product usage data for analytics and improvement. Customers in the EEA/UK must opt-in for tracking in accordance with GDPR.

5A. Safety & Moderation Policy

• We use automated systems (including OpenAI and static validation) to detect potentially harmful or policy‑violating content such as self-harm, threats, or attempts to manipulate the system.
• If self-harm indicators are detected, we may send you a supportive message including information for the 988 Suicide & Crisis Lifeline.
• For other violations, we may issue a warning by email; repeated violations may result in account suspension and subscription cancellation.
• We may refrain from responding to content that is flagged by our safety systems.
• Our systems are designed to protect users and the service; however, automated checks are not perfect. You can appeal by contacting support.

6. Acceptable Use

• You agree not to submit any content that is illegal, violent, harassing, infringing, indecent, or otherwise objectionable.
• Attempts to bypass safety systems or inject instructions to manipulate the AI ("prompt injection") are prohibited.
• Sidekick reserves the right to remove or refuse to store any user-submitted content.

7. Termination

• You may terminate service at any time via the dashboard or by texting STOP. No further charges will be incurred, but existing charges are non‑refundable.
• We reserve the right to suspend or terminate your access if you violate these Terms, misuse the service, or make threats, without prior notice.

8. Disclaimer & Liability

• Sidekick is provided "as-is". We make no warranties, express or implied, with respect to service availability, content production, or suitability.
• In no event will we be liable for indirect, incidental, or consequential damages, or for property loss, data loss, or psychological effects, even if advised of the possibility of such damages.
• Our total aggregate liability under these Terms is capped at the amount of three months of subscription fees you paid in the 12 months preceding any claim.

9. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

10. Changes to Terms

We may update these Terms. If material changes occur, we'll notify you by email or SMS at least 10 days before they take effect. Continued use of the service after changes become effective constitutes acceptance of the new Terms.

11. Contact Information

For questions about these Terms, please contact us at support@heysidekick.co or visit https://www.heysidekick.co.