IMPORTANT PAYMENT NOTICE
Payments are processed through Paddle.com Market Limited (“Paddle”), which acts as the Merchant of Record for all purchases. This means that when you purchase a subscription or any paid feature of the Service, you enter into a sales contract with Paddle, not Daisy.
Paddle is responsible for payment processing, invoicing, tax compliance, customer billing, and applicable refunds. Paddle’s Buyer Terms are available at https://www.paddle.com/legal/checkout-buyer-terms.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all orders. Paddle handles customer billing, payment processing, and applicable refunds.
1. PARTIES AND SCOPE OF THE AGREEMENT
1.1. These Terms of Service (the “Agreement” or “Terms”) constitute a legally binding agreement between you (the “User,” “you,” or “your”) and Daisy Mental Health LLP, a limited liability partnership duly incorporated under the laws of the Republic of Kazakhstan, Business Identification Number (BIN): 250240028245, with its registered address at 6-1-81, Kostanay, Republic of Kazakhstan (the “Company,” “Daisy,” “we,” “us,” or “our”).
1.2. The purpose of this Agreement is to govern the User’s access to and use of Daisy, an AI-powered digital wellness platform designed to facilitate emotional support, self-reflection, and personal wellbeing (the “Service”).
1.3. By creating an account, accessing, or otherwise using the Service, you represent and warrant that you:
- have read, understood, and agree to be bound by these Terms;
- have read and accepted our Privacy Policy and Refund Policy;
- possess full legal capacity to enter into this Agreement under the laws applicable to you;
- are at least eighteen (18) years of age;
- use the Service voluntarily and at your own discretion;
- independently evaluate any information obtained through the Service;
- remain solely responsible for all decisions, actions, and consequences arising from your use of the Service.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
2. NATURE OF THE SERVICE — IMPORTANT DISCLAIMER
2.1. Daisy is an AI-powered digital wellness platform intended solely to support emotional wellbeing and personal self-reflection. The Service is not, and shall not be construed as:
- a healthcare provider or medical service;
- a psychotherapy, psychiatry, or clinical psychology service;
- a telemedicine platform;
- a mental health crisis intervention service;
- a diagnostic or treatment tool.
2.2. THE COMPANY IS NOT A LICENSED HEALTHCARE PROVIDER.
THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR PSYCHOTHERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT.
IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, SUICIDAL THOUGHTS, A RISK OF SELF-HARM OR HARM TO OTHERS, OR ANY OTHER MEDICAL OR PSYCHOLOGICAL EMERGENCY, IMMEDIATELY CONTACT EMERGENCY SERVICES OR A QUALIFIED HEALTHCARE PROFESSIONAL IN YOUR JURISDICTION.
You agree not to rely on the Service as a source of assistance in situations involving suicidal ideation, self-harm, threats of violence, or any other circumstance requiring immediate intervention by qualified professionals or emergency responders.
You acknowledge and agree that:
- you understand the limitations of the Service;
- the Service is intended solely for informational and supportive purposes;
- your use of the Service is voluntary;
- you remain solely responsible for any decisions or actions taken based, in whole or in part, on information generated by the Service.
2.3. The Daisy AI Assistant is powered by probabilistic artificial intelligence models. Responses are generated automatically and may be inaccurate, incomplete, misleading, outdated, or otherwise inappropriate for your particular circumstances, including so-called AI “hallucinations.” You assume sole responsibility for evaluating and relying upon any information or recommendations generated by the Service.
2.3.1. The Company does not warrant or represent that AI-generated responses will:
- meet your expectations;
- reflect current scientific research, medical standards, or applicable law;
- accurately address all facts or circumstances of your particular situation.
2.4. You acknowledge that no response, recommendation, analysis, opinion, assessment, conclusion, inference, or other information generated by the AI Assistant constitutes:
- medical advice;
- psychological advice;
- psychiatric advice;
- a medical diagnosis;
- treatment recommendations;
- legal advice; or
- any other form of professional advice.
2.5. You are solely responsible for determining whether any AI-generated information is appropriate for your individual circumstances. The Company neither makes decisions on your behalf nor assumes responsibility for any decisions, actions, or omissions made by you based on information obtained through the Service.
2.6. The Service is not intended to diagnose, prevent, monitor, treat, cure, or alleviate any disease, mental disorder, or other medical condition. Use of the Service does not establish any physician-patient, therapist-patient, psychologist-client, fiduciary, or other professional relationship between you and the Company.
2.7. You retain sole responsibility for all decisions, actions, and omissions arising from your use of the Service. The Company exercises no control over your decisions and accepts no liability for their consequences.
2.8. The Company may implement automated technologies designed to identify messages indicating potential crisis situations or violations of these Terms. The existence or absence of such technologies does not constitute ongoing monitoring of Users and does not create any obligation for the Company to prevent harm to any User or third party.
2.9. The Company does not continuously monitor Users’ communications or evaluate their emotional, psychological, or physical condition. The Company has no obligation to review conversations in order to identify mental health crises, threats to life or safety, risks of self-harm or harm to others, or any other circumstances requiring intervention.
2.10. Any automated detection technologies employed by the Company serve solely as supplemental tools. Such technologies may fail to identify relevant communications, may produce inaccurate results, and shall not create any duty on the part of the Company to monitor, detect, warn, intervene, provide assistance, notify authorities, or otherwise protect any User or third party.
2.11. You acknowledge and agree that the Company is not a crisis hotline, emergency response provider, healthcare institution, or mental health services provider. Accordingly, the Company shall not be liable for any loss, damage, injury, or harm resulting from its inability to detect a crisis, intervene in an emergency, or otherwise prevent harm to you or any third party.
3. ACCESS TO THE SERVICE AND USER ACCOUNT
3.1. The Service is currently accessible through the Daisy web application available at: https://talktodaisy.com
3.2. To use the Service, you must create a User account by providing:
- your name or preferred nickname;
- a valid email address;
- a password; or
- by authenticating through your Google account using OAuth 2.0.
3.3. You agree to provide accurate, complete, and current information and to promptly update such information whenever necessary.
3.4. Your account is personal to you and may not be shared, transferred, assigned, sold, or otherwise made available to any third party.
3.5. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account. If you suspect that your account has been compromised or accessed without authorization, you must notify the Company immediately at: hello@talktodaisy.com
3.6. The Company may request additional information or documentation reasonably necessary to:
- verify your identity;
- prevent fraud or unauthorized activity;
- comply with applicable laws or regulatory requirements; or
- satisfy the requirements of payment providers or other service providers.
The Company may temporarily suspend access to the Service until such verification has been successfully completed.
4. SUBSCRIPTIONS AND PAYMENTS
4.1. Payment Processing Through Paddle
All payments for the Service are processed by Paddle.com Market Limited (“Paddle”), which acts as the Merchant of Record for all purchases. By completing a purchase:
- you enter into a sales contract with Paddle, which acts as the official reseller and Merchant of Record;
- Paddle is solely responsible for payment processing, billing, invoicing, tax compliance, and applicable refunds;
- the Company grants you the right to access and use the Service under these Terms, while Paddle acts exclusively as the Merchant of Record in connection with your purchase.
Paddle’s Buyer Terms are available at: https://www.paddle.com/legal/checkout-buyer-terms
4.2. Types of Payments
The Service may offer the following payment options:
- One-Time Purchase — a single payment granting access to the Service or to specific features; and
- Recurring Subscription — automatically recurring monthly or annual payments that continue until cancelled.
4.3. Subscription Renewal
4.3.1. Unless cancelled before the end of the then-current subscription period, subscriptions automatically renew for successive subscription periods at the price in effect at the time of renewal.
4.3.2. Before completing a subscription purchase, you will be clearly informed of:
- the subscription price;
- the billing frequency;
- the date of the initial charge;
- the available cancellation methods; and
- the automatic renewal terms.
4.3.3. Any change in subscription pricing will apply only to subsequent subscription periods following prior notice to you. If you do not agree to the revised price, you may cancel your subscription before the next renewal date.
4.4. Free Trial
4.4.1. Certain subscription plans may include a free trial or promotional trial period.
4.4.2. Unless cancelled before the expiration of the applicable trial period, the subscription will automatically convert into a paid subscription, and the applicable subscription fee will be charged using your selected payment method.
4.4.3. Free trials are limited to one per User. Creating multiple accounts to obtain additional free trials is strictly prohibited.
4.5. Cancellation
4.5.1. You may cancel your subscription at any time by:
- using the subscription management settings within your account;
- contacting Paddle Support at https://paddle.net; or
- contacting the Company at hello@talktodaisy.com.
4.5.2. Cancellation becomes effective at the end of the current paid subscription period. You will continue to have access to the Service until the expiration of the applicable subscription term.
4.5.3. Cancellation does not entitle you to a refund for any fees already paid, except where expressly provided under these Terms, the Refund Policy, or applicable mandatory law.
4.6. Taxes
Paddle automatically calculates, collects, and remits all applicable taxes, including VAT, GST, sales tax, or similar indirect taxes, in accordance with the laws of the jurisdiction applicable to your purchase. The total amount payable, including any applicable taxes, will be displayed during checkout before you confirm your purchase.
5. ACCEPTABLE USE OF THE SERVICE
5.1. You are solely responsible for:
- all content you submit, upload, transmit, or otherwise make available through the Service; and
- all activities conducted through your use of the Service.
5.2. You agree not to, directly or indirectly:
5.2.1. Use the Service for medical purposes, including the diagnosis, treatment, prevention, monitoring, or alleviation of any disease, mental disorder, or other health condition.
5.2.2. Sell, resell, lease, sublicense, distribute, assign, or otherwise commercially exploit the Service or any rights granted under these Terms.
5.2.3. Modify, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, algorithms, or architecture of the Service, except to the extent expressly permitted by applicable law.
5.2.4. Circumvent, disable, interfere with, or otherwise compromise any security features, technical safeguards, access controls, or protective measures implemented within the Service.
5.2.5. Use the Service or any outputs generated by the Service to collect, extract, scrape, or compile data for the purpose of developing or supporting a competing product or service.
5.2.6. Use your account to distribute spam, unsolicited communications, chain messages, or advertising materials.
5.2.7. Use the Service for any unlawful, fraudulent, deceptive, or unauthorized purpose.
5.2.8. Upload, transmit, or distribute viruses, malware, malicious code, or any other software intended to interfere with, disrupt, damage, or gain unauthorized access to the Service or related systems.
5.2.9. Upload or transmit any content that is unlawful or that contains hate speech, threats, incitement to violence, pornography, or any other material prohibited by applicable law.
5.2.10. Create multiple accounts for the purpose of circumventing Service restrictions, subscription limits, usage limits, or free trial limitations.
5.2.11. Use the Service in any manner that could disrupt, overload, impair, or otherwise interfere with the operation, security, or availability of the Service or with other Users’ ability to access or use the Service.
5.2.12. Access or interact with the Service through automated means—including bots, scripts, crawlers, agents, or APIs not expressly provided or authorized by the Company—without the Company’s prior written consent.
5.2.13. Use any AI-generated outputs, responses, or content produced by the Service to develop, train, fine-tune, benchmark, or improve competing artificial intelligence models or services.
5.2.14. Use the Service in any manner that infringes or violates the rights of any third party or any applicable law or regulation.
5.2.15. Use the Service in any manner that may interfere with, disrupt, or violate the terms, policies, or operational requirements of the Company’s third-party service providers.
5.3. Any violation of this Section constitutes a material breach of these Terms and may result in the immediate suspension or termination of your access to the Service and the automatic termination of the license granted under these Terms.
6. INTELLECTUAL PROPERTY
6.1. Company’s Intellectual Property Rights
The Company owns or otherwise holds all right, title, and interest in and to the Service, including, without limitation:
- the software, source code, algorithms, and artificial intelligence models;
- the user interface, design, graphics, visual elements, and other content;
- trademarks, logos, trade names, and branding;
- documentation and all related materials.
Except for the limited rights expressly granted under these Terms, all rights are reserved by the Company.
6.2. License to the User
Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes. No ownership rights in the Service are transferred to you under this Agreement.
6.3. User Content
6.3.1. As between you and the Company, you retain ownership of all rights in and to the messages, prompts, and other content you submit through the Service (“User Content”).
6.3.2. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and otherwise use such User Content solely for the purposes of:
- providing and operating the Service;
- maintaining your conversation history;
- personalizing the Service; and
- fulfilling the purposes described in the Privacy Policy.
Any use of anonymized or aggregated data for improving the Service shall be carried out solely in accordance with the Privacy Policy and applicable law.
6.4. AI-Generated Content
Any responses, recommendations, analyses, summaries, or other content generated by the AI Assistant are provided solely for your personal use in connection with the Service. You remain solely responsible for any decisions or actions taken in reliance on such content.
6.5. The Company retains all right, title, and interest in and to its artificial intelligence models, machine learning systems, algorithms, software, data processing methods, Service architecture, proprietary technologies, and all related intellectual property, regardless of any interaction between you and the Service.
6.6. Nothing in these Terms grants you any ownership rights, intellectual property rights, or proprietary interest in or to the Company’s software, artificial intelligence models, algorithms, technologies, or other intellectual property.
6.7. The Company may generate and use aggregated and fully anonymized statistical information relating to the operation and performance of the Service for the purposes of analytics, research, development, maintenance, and improvement of the Service, provided that such use complies with the Privacy Policy and applicable law.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION:
- implied warranties of merchantability;
- fitness for a particular purpose;
- non-infringement;
- uninterrupted availability;
- security;
- accuracy;
- reliability; and
- satisfactory quality.
Without limiting the foregoing, the Company does not warrant that:
- the Service will operate continuously, securely, or without interruption;
- the AI Assistant will operate without errors or inaccuracies;
- the Service will produce any particular outcome or result;
- any AI-generated responses will be accurate, complete, reliable, current, or suitable for your individual circumstances.
7.1.1. No Guarantee of Results
The Company makes no representations or warranties regarding the achievement of any specific outcome through the use of the Service. In particular, the Company does not guarantee any:
- improvement in emotional wellbeing;
- reduction of anxiety or stress;
- behavioral change;
- psychological improvement;
- professional, educational, or financial outcomes; or
- any other personal result.
Any insights, recommendations, analyses, or suggestions generated by the AI Assistant are provided solely for informational and supportive purposes.
7.2. Limitation of Liability
7.2.1. To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation:
- loss of profits;
- loss of revenue;
- loss of goodwill;
- loss of business opportunities;
- loss of data;
- emotional distress; or
- any other intangible losses,
arising out of or relating to your use of, or inability to use, the Service.
7.2.2. To the maximum extent permitted by law, the Company’s aggregate liability arising out of or relating to the Service or these Terms, regardless of the legal theory asserted (whether in contract, tort, negligence, strict liability, or otherwise), shall not exceed the total amount actually paid by you for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
7.2.3. The Company shall not be liable for any damages arising from or relating to:
- reliance upon AI-generated content instead of obtaining professional medical, psychological, psychiatric, legal, or other professional advice;
- use of the Service in circumstances where its use is expressly discouraged under Section 2.2 of these Terms;
- unauthorized access to your account resulting from your failure to adequately protect your login credentials;
- failures of telecommunications networks, internet service providers, hardware, software, or third-party systems;
- acts, omissions, or services provided by Paddle or any other third-party service provider.
7.2.4. The Company assumes no responsibility for any decisions, actions, or omissions made by you based wholly or partially upon information generated by the AI Assistant.
7.2.5. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under the mandatory laws of the Republic of Kazakhstan or any other applicable mandatory consumer protection laws.
7.2.6. You acknowledge and agree that your use of the Service is entirely at your own risk. You assume all risks associated with artificial intelligence technologies, including, without limitation:
- probabilistic response generation;
- inaccurate, incomplete, misleading, or outdated outputs;
- AI hallucinations;
- technical failures; and
- other limitations inherent in artificial intelligence systems.
7.2.7. You expressly acknowledge that you understand the limitations of artificial intelligence technologies and accept all risks associated with your use of AI-generated content provided through the Service.
8. TERMINATION AND SUSPENSION
8.1. You may stop using the Service at any time by deleting your account through the account settings or by submitting a deletion request to: hello@talktodaisy.com
8.2. The Company may suspend or terminate your access to the Service, with or without prior notice, if:
- you violate these Terms;
- the Company reasonably suspects fraudulent, unlawful, or abusive activity;
- suspension or termination is required by applicable law or a governmental authority; or
- the Company permanently discontinues the Service.
8.3. The Company may immediately restrict or suspend access to the Service where it reasonably believes that you have engaged in:
- abuse of the Service;
- automated or unauthorized use;
- attempts to circumvent technical or usage limitations;
- violations of applicable law; or
- conduct that may adversely affect the Service, the Company, or other Users.
8.4. The Company reserves the right to refuse, suspend, or terminate access to the Service whenever it reasonably believes that your use of the Service:
- violates these Terms;
- violates applicable law;
- infringes the rights of any third party; or
- may expose the Company, other Users, or third parties to legal, financial, reputational, or security risks.
8.5. Termination of your access to the Service shall not affect any provisions of these Terms that by their nature are intended to survive termination, including, without limitation:
- ownership and intellectual property provisions;
- disclaimers of warranties;
- limitations of liability;
- dispute resolution provisions; and
- any other provisions intended to survive termination.
8.6. The Company may permanently delete your account without the possibility of recovery in the event of a material or repeated violation of these Terms or applicable law.
9. MODIFICATIONS TO THE SERVICE AND THESE TERMS
9.1. The Company may, at any time and in its sole discretion, modify, update, suspend, discontinue, or remove the Service or any part of its functionality. Continued availability of any particular feature or functionality is not guaranteed.
9.2. The Company is under no obligation to maintain compatibility between future versions of the Service and previous versions, user devices, operating systems, browsers, or third-party software.
9.3. The Company may perform maintenance, updates, upgrades, or other technical work from time to time. During such periods, some or all features of the Service may become temporarily unavailable. The Company shall not be liable for any temporary interruption of the Service resulting from maintenance or technical work and shall have no obligation to provide compensation for such interruptions.
9.4. The Company reserves the right to amend these Terms at any time. Where changes materially affect your rights or obligations, the Company will provide prior notice by one or more of the following methods:
- email notification; and/or
- a notice displayed within the Service.
Such notice will generally be provided at least thirty (30) days before the updated Terms become effective.
9.5. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Service before the changes become effective.
10. THIRD-PARTY SERVICES
10.1. The Service may contain links to or integrations with third-party websites, applications, products, or services. The Company does not control and is not responsible for the content, availability, security, privacy practices, or business practices of any third-party services. Your use of any third-party service is solely at your own risk and is governed by the applicable terms and policies of the respective third party.
10.2. Without limiting the foregoing, your use of Paddle as the Merchant of Record is governed by Paddle’s own terms, conditions, and privacy policies. The Company is not responsible for Paddle’s performance of payment processing, billing, tax collection, refunds, or any other services provided by Paddle.
10.3. To provide and operate the Service, the Company may use third-party technology providers, including, without limitation:
- cloud infrastructure providers;
- artificial intelligence and large language model providers;
- authentication and identity management providers;
- analytics providers;
- payment processors; and
- other technology vendors necessary for the operation of the Service.
Any processing of personal data by such providers shall be carried out in accordance with the Privacy Policy and applicable law.
10.4. The Company shall not be liable for any interruption, modification, suspension, degradation, or termination of the Service resulting from the actions, omissions, failures, policy changes, or service interruptions of any third-party provider.
11. DISPUTE RESOLUTION
11.1. Before commencing any court proceedings, the parties agree to make reasonable efforts to resolve any dispute through a mandatory pre-litigation claims procedure. Any claim or notice relating to these Terms shall be submitted to: hello@talktodaisy.com
11.2. The receiving party shall review the claim and provide a written response within thirty (30) calendar days following its receipt.
11.3. If the parties fail to resolve the dispute through negotiations, the dispute shall be submitted to the competent courts of the Republic of Kazakhstan located at the Company’s registered place of business, unless otherwise required by mandatory applicable law.
11.4. Any disputes relating to payments processed by Paddle shall be governed by Paddle’s applicable terms and procedures. Requests for refunds, payment disputes, and chargeback-related matters are handled through Paddle’s customer support system available at: https://paddle.net
11.5. The parties agree to use reasonable efforts to resolve disputes amicably through good-faith negotiations before seeking judicial relief.
12. GOVERNING LAW
12.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law principles.
12.2. Nothing in these Terms shall limit or exclude any mandatory consumer rights that cannot lawfully be waived under the laws of your country of residence.
13. FORCE MAJEURE
The Company shall not be liable for any delay in performance or failure to perform its obligations under these Terms to the extent such delay or failure results from events beyond the Company’s reasonable control, including, without limitation:
- natural disasters;
- acts of God;
- war;
- terrorism;
- civil unrest;
- governmental actions;
- interruptions of telecommunications networks;
- failures of internet service providers;
- cyberattacks;
- failures of cloud infrastructure;
- failures, suspension, modification, or discontinuation of services provided by AI model providers;
- data center outages; or
- any other force majeure event beyond the Company’s reasonable control.
14. MISCELLANEOUS
14.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14.2. No waiver by the Company of any right or remedy under these Terms shall constitute a continuing or future waiver of such right or remedy.
14.3. The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
14.4. These Terms have been prepared in both Russian and English. If these Terms are translated into any additional language and any inconsistency or conflict arises between language versions, the Russian-language version shall prevail, unless otherwise required by mandatory applicable law.
14.5. These Terms constitute the entire agreement between you and the Company concerning your access to and use of the Service and supersede all prior or contemporaneous agreements, communications, representations, and understandings relating to the subject matter hereof.
15. CONTACT INFORMATION
Daisy Mental Health LLP
Registered Address: Apt. 81, Bldg. 1, Microdistrict 6, Kostanay 010000, Republic of Kazakhstan
Email: hello@talktodaisy.com
Customer Support: hello@talktodaisy.com
Payment and Refund Inquiries
Paddle (Merchant of Record): https://paddle.net