Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Spiral Health, Inc., a Delaware corporation (“Spiral,” “we,” “our,” or “us”). These Terms govern your access to and use of the Spiral platform, including the marketing website at talktospiral.com, the application at app.talktospiral.com, and any associated SMS-based services (collectively, the “Service”).

By clicking “I Agree,” checking an acceptance box, completing the onboarding flow, or otherwise affirmatively indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms. Passive or continued use alone does not constitute acceptance where active clickwrap consent is required. If you do not agree to these Terms in their entirety, you must not access or use the Service.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and share information about you. Both documents together form the entire agreement between you and Spiral with respect to the Service.

You must be at least 18 years of age to use the Service. By accepting these Terms, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

What the Service Is

Spiral is an AI-powered wellness and self-help text companion designed specifically for healthcare workers. The Service provides a conversational AI companion accessible via SMS text messaging and through the web application at app.talktospiral.com. The Service also includes a therapist dashboard through which licensed therapists may create anonymous clinical archetypes called “Care Blueprints” that shape the AI companion’s conversational approach. The Service is available under a subscription model, including a free tier with daily message limits and paid tiers with expanded access.

The Service is intended to provide general wellness support, emotional check-ins, and a space for reflection between professional therapy or counseling sessions. It is designed to complement, not replace, professional care.

3. Crisis and Emergency

4. AI-Generated Content

All responses generated through the Service are produced by an artificial intelligence language model provided by Anthropic, PBC (“Anthropic”). Spiral uses Anthropic’s Claude model to power the AI companion. By using the Service, you acknowledge and agree to the following:

• No professional review. AI-generated responses are not reviewed, approved, or verified by any licensed mental health professional, physician, or other credentialed expert before delivery to you.
• Errors and inaccuracies. AI responses may contain errors, factual inaccuracies, outdated information, culturally insensitive content, or responses that are inappropriate for your specific situation. You should not treat any AI-generated content as authoritative.
• Basis of responses. Responses are generated based on patterns in the AI model’s training data, your conversation history, memory extracted from prior conversations, and the Care Blueprint matched to your profile (if applicable). These inputs shape but do not guarantee the quality or appropriateness of any response.
• No independent judgment. The AI does not have independent judgment, lived experience, emotions, or clinical expertise. It cannot assess context the way a qualified human professional can.
• No guarantee of suitability. Spiral makes no representation or warranty that AI-generated content is accurate, reliable, complete, or suitable for any particular purpose. Use of AI-generated content is entirely at your own risk.
• Memory influences responses. The Service extracts and stores factual summaries and behavioral patterns from your conversations (“conversation memory”) to personalize future responses. This means prior conversations may influence what the AI says to you in future sessions.
• Care Blueprints shape approach. If your profile is matched to a Care Blueprint created by a therapist, that Blueprint will shape the AI’s conversational style and approach. Care Blueprints are anonymous clinical archetypes and do not represent individualized clinical recommendations for you.

5. Account Terms

Registration and General Requirements

To access the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You may only create one account per person. Multiple accounts are prohibited. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at legal@talktospiral.com if you suspect unauthorized access to your account. You must be at least 18 years of age to register.

Therapist Accounts

Therapist accounts are available to licensed mental health professionals. By registering as a therapist, you represent and warrant that you hold a current, valid license to practice in your jurisdiction. You are solely responsible for the content of any Care Blueprints you create through the Service. You must not include any patient-identifying information of any kind in any Care Blueprint. Care Blueprints must be anonymous clinical archetypes only. Therapist accounts are subject to Supabase Row Level Security policies that restrict visibility of your Blueprints to your account only; you may not access another therapist’s Blueprints. Spiral is not responsible for the clinical accuracy, appropriateness, or outcomes associated with any Care Blueprint you create.

User Accounts

User accounts are for healthcare workers seeking wellness support. You must complete the onboarding process before the AI companion will be made available to you. Access to AI interactions is gated on onboarding completion. Your account is subject to the subscription tier and message quota applicable to your plan. Messages sent after you have reached your quota will trigger an upgrade prompt; over-quota messages do not count against your quota.

6. SMS / Text Messaging Terms

Consent to Receive Text Messages

By providing your phone number and opting in to the SMS feature of the Service, you expressly consent to receive recurring automated text messages from Spiral. Consent is not a condition of purchase. You may use the web application without providing your phone number.

Program Disclosures (CTIA)

• Program name: Spiral AI Companion
• Message frequency: Varies based on your engagement. User-initiated messages receive automated responses. Paid tier subscribers may receive up to 2 proactive check-in messages per week. Message volume may be higher during active conversation threads.
• Message and data rates may apply depending on your wireless carrier plan.
• Text HELP for help or contact support@talktospiral.com.
• Text STOP to opt out at any time.
• Carriers are not liable for delayed or undelivered messages.

Opt-Out Processing

In compliance with the Telephone Consumer Protection Act (“TCPA”) and applicable carrier guidelines, we honor opt-out requests as follows:

• Opt-out keywords are processed immediately upon receipt: STOP, CANCEL, UNSUBSCRIBE, QUIT, END.
• Informal opt-out requests in plain language (including variations such as “leave me alone,” “stop messaging me,” “unsubscribe,” and “cancel”) are also honored. Such requests are processed within 10 business days.
• A single confirmation message will be sent within 5 minutes of processing your opt-out. No further messages will be sent except as required by law.
• Opt-in keywords: START, YES, SUBSCRIBE.
• Help keywords: HELP, INFO.

Automated Responses

Consent Scope

Your consent to receive text messages from Spiral is specific to Spiral and this Service only. We will not share your phone number or SMS consent with any third party for the purpose of sending you marketing or promotional messages unrelated to Spiral. Your phone number will not be used for third-party marketing programs.

7. Subscription and Payment

Subscription Tiers

Annual plans are available at a 20% discount off the monthly rate.

Billing and Payments

All payments are processed securely by Stripe, Inc. By providing your payment information, you authorize Spiral to charge your payment method on a recurring basis for the applicable subscription fee. Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through the application or by contacting us; cancellation takes effect at the end of the current billing period, and you will retain access through that date.

No refunds are issued for partial billing periods, including in the event of cancellation mid-period or account termination for violations of these Terms. Spiral reserves the right to modify subscription pricing with at least 30 days’ advance written notice sent to your registered email address. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

Messages sent after you have reached your applicable quota will not be processed by the AI; instead, you will receive a message with a link to upgrade your subscription. Over-quota messages do not count against your quota, and no response charge is incurred for over-quota requests. The free tier daily message limit resets at midnight (12:00 AM UTC) each day.

8. User Content and Licensing

Your Content

“User Content” means any information, text, messages, onboarding responses, and profile information that you submit to or through the Service. You retain any intellectual property rights you hold in your User Content.

License Grant to Spiral

By submitting User Content to the Service, you grant Spiral Health, Inc. a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content for the following purposes:

1. Providing, maintaining, and improving the Service;
2. Generating AI responses to your messages;
3. Extracting, storing, and using conversation memory and personalization context to tailor the Service to your needs across sessions; and
4. Creating de-identified datasets as further described in Section 9 (De-Identified Data, Research, and Third-Party Licensing).

Your Representations

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content and to grant the licenses described above; (b) your User Content does not infringe, misappropriate, or violate the rights of any third party, including intellectual property rights and rights of privacy; and (c) your User Content does not contain any material that is illegal, harmful, or prohibited under these Terms.

9. De-Identified Data, Research, and Third-Party Licensing

Spiral may de-identify your User Content and conversation data by removing all personally identifiable information (“PII”), including but not limited to names, phone numbers, email addresses, geographic location data, dates of birth, employer names, IP addresses, device identifiers, and any other information that could reasonably be used to identify you. Once de-identified in accordance with applicable law (including the standards set forth under 45 C.F.R. § 164.514 or equivalent), the resulting data (“De-Identified Data”) is not subject to the same restrictions as personal information.

Tier 1 Use (Required Consent — Acceptance of These Terms)

As a condition of using the Service, you agree that Spiral may use De-Identified Data derived from your conversations for the following purposes:

• Improving and training our AI models and systems;
• Internal research and product development; and
• Aggregate analytics to understand usage patterns and service quality.

Safeguards

• All third-party licensing agreements under Tier 2 expressly prohibit re-identification of any individual from De-Identified Data.
• Licensees must agree to data use restrictions limiting use to the purposes disclosed above.
• Raw, verbatim conversation transcripts will not be licensed to third parties under Tier 2 without separate, explicit consent beyond the standard Tier 2 opt-in.
• Spiral conducts regular audits of its de-identification processes to ensure continued compliance with applicable standards.

10. Intellectual Property

The Service, including all software, algorithms, interfaces, designs, graphics, logos, trademarks, service marks, and all other content and materials created or owned by Spiral, are the exclusive property of Spiral Health, Inc. or its licensors and are protected by applicable intellectual property laws. These Terms do not transfer any ownership interest in the Service to you.

Therapists who create Care Blueprints retain rights in the underlying clinical knowledge they contribute. However, by submitting a Care Blueprint through the Service, each therapist grants Spiral a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, process, and incorporate the Care Blueprint content for the purpose of operating, providing, and improving the Service, including matching Blueprints to user profiles and generating AI responses.

You acknowledge that AI-generated responses produced by the Service are not authored by you and that you do not own or hold any intellectual property rights in AI-generated output. Spiral grants you a limited, non-exclusive, non-transferable, revocable license to use AI-generated responses solely for your personal, non-commercial wellness purposes.

11. Prohibited Uses

You agree that you will not, under any circumstances:

• Use the Service as a substitute for emergency or crisis services, including attempting to manage a medical emergency, suicidal crisis, or psychiatric emergency through the Service instead of contacting 911 or 988;
• Impersonate a healthcare professional, therapist, or any other licensed individual, or misrepresent your credentials or qualifications;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise extract source code or model weights from the Service or underlying AI models;
• Use automated scripts, bots, crawlers, or other automated tools to access, interact with, or extract data from the Service without our prior written consent;
• Share, transfer, sell, or otherwise grant access to your account or subscription to any third party;
• Include identifiable patient information of any kind in Care Blueprints or any other content submitted to the Service;
• Harass, abuse, threaten, or harm any person through the Service, or submit content that is defamatory, obscene, or unlawful;
• Attempt to re-identify any individual from De-Identified Data or aggregated datasets; or
• Violate any applicable local, state, national, or international law or regulation in connection with your use of the Service.

12. Disclaimer of Warranties

13. Limitation of Liability

14. Indemnification

You agree to defend, indemnify, and hold harmless Spiral Health, Inc. and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your access to or use of the Service;
• Your violation of these Terms;
• User Content you submit, including any claim that your content infringes or misappropriates the rights of a third party; or
• In the case of therapist users, any claim arising from the content of any Care Blueprint you create, including claims of clinical negligence, malpractice, or inclusion of identifiable patient information.

Spiral reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Spiral in asserting any available defenses.

15. Arbitration and Dispute Resolution

Binding Arbitration

Except as provided below, you and Spiral agree that any dispute, claim, or controversy arising out of or relating to these Terms or to your use of the Service (including the breach, termination, enforcement, interpretation, or validity of these Terms) shall be resolved by final, binding arbitration administered by JAMS or the American Arbitration Association (“AAA”) under the applicable arbitration rules then in effect, rather than in a court of law. Arbitration shall be conducted on an individual basis. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Location and Fees

Arbitration shall be conducted in Delaware or, at your election, via remote videoconference or telephone. For claims under $10,000, Spiral will pay all JAMS or AAA filing, administrative, and arbitrator fees, unless the arbitrator finds your claim frivolous or brought for an improper purpose.

Class Action Waiver

YOU AND SPIRAL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Neither you nor Spiral may bring or participate in any class action, collective action, or representative proceeding. If a court or arbitrator determines that the class action waiver is unenforceable as to a particular claim, that claim shall be severed and litigated in court while all remaining claims proceed in arbitration.

Opt-Out Right

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@talktospiral.com with the subject line “Arbitration Opt-Out” and including your full name, email address, and phone number. Opting out will not affect any other aspect of these Terms.

Exceptions to Arbitration

The following disputes are not subject to arbitration and may be brought in any court of competent jurisdiction:

• Claims eligible for small claims court;
• Disputes involving Spiral’s or your intellectual property rights (including trademarks, trade secrets, copyrights, or patents);
• Claims for emergency injunctive or other equitable relief to prevent irreparable harm; and
• Claims relating to sexual assault or sexual harassment, consistent with applicable law.

16. Governing Law

These Terms and all matters arising out of or relating to your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law or choice of law principles.

For any dispute not subject to arbitration under Section 15, you and Spiral consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware, and waive any objection to such jurisdiction or venue on grounds of inconvenient forum or otherwise.

17. Termination

Termination by You

You may cancel your subscription at any time through the application settings; your access will continue through the end of the current billing period. You may request deletion of your account at any time as described in Section 18. If you have opted in to SMS, you may opt out at any time by texting STOP.

Termination by Spiral

Spiral may suspend or terminate your account and access to the Service for any of the following reasons: (a) violation of these Terms; (b) suspected fraud, abuse, or illegal activity; (c) activity that poses a safety risk to any person; or (d) for any other reason, with at least 30 days’ prior written notice to your registered email address, unless the termination is for reasons described in (b) or (c), in which case termination may be immediate and without prior notice.

Effect of Termination

Upon termination of your account, your right to access and use the Service ceases immediately. Account data, conversation history, and extracted memory will be deleted in accordance with the timeline and procedures described in Section 18. De-Identified Data that has already been incorporated into datasets or used for permitted purposes prior to termination is not affected by account termination.

Surviving Provisions

The following sections survive any termination or expiration of these Terms: Section 4 (AI-Generated Content), Section 8 (User Content and Licensing), Section 9 (De-Identified Data, Research, and Third-Party Licensing), Section 10 (Intellectual Property), Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Arbitration and Dispute Resolution), Section 16 (Governing Law), and Section 21 (Miscellaneous).

18. Data Deletion

How to Request Deletion

You may request deletion of your account and personal data through any of the following channels: (a) through the in-app account settings; (b) by email to legal@talktospiral.com with the subject line “Data Deletion Request”; or (c) by SMS to our service number with the message “DELETE MY ACCOUNT.” We will acknowledge your request within 5 business days.

What Is Deleted

Upon a verified deletion request, we will delete: your account profile and registration information; all conversation history; extracted conversation memory and personalization data; and conversation vector embeddings. Deletion will be completed within 30 days of your verified request. Deletion is permanent and irreversible. Deleted data cannot be recovered.

What Is Retained

We retain the following data after a deletion request, as permitted or required by applicable law: (a) De-Identified Data that has already been processed and incorporated into de-identified datasets, as it is no longer linked to your identity; (b) billing records and transaction history as required by tax and financial regulations; and (c) records we are legally required to retain in connection with litigation holds, regulatory investigations, or other legal obligations.

Third-Party Service Providers

We will make commercially reasonable efforts to direct our third-party service providers to delete your personal data in accordance with their applicable data processing agreements. We cannot guarantee that all copies of your data held by third parties will be deleted within the same timeframe.

19. Force Majeure

Spiral shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God; floods, fires, earthquakes, or other natural disasters; epidemic or pandemic; war, terrorism, or civil unrest; actions of governmental authorities including changes in law or regulation; power outages or failures; internet service provider outages or failures; telecommunications carrier outages (including failures affecting SMS delivery by Telnyx or any other carrier); and cyberattacks or security incidents.

You acknowledge that SMS delivery may be delayed, disrupted, or undelivered due to wireless carrier outages, network congestion, or other factors outside Spiral’s control, and that Spiral bears no liability for such failures. The Service may also be temporarily unavailable during scheduled or emergency maintenance periods.

20. Modifications

Spiral reserves the right to modify these Terms at any time. For material changes — including changes affecting your rights, the scope of permitted data uses, subscription pricing, or dispute resolution procedures — we will provide at least 30 days’ advance written notice to your registered email address prior to the changes taking effect.

For non-material changes (such as corrections of typographical errors, clarifications that do not alter your rights, or updates required by applicable law), we may update these Terms immediately, with notice posted on our website.

Your continued access to or use of the Service after any revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may request account deletion under Section 18.

21. Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Spiral with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings of the parties with respect to the subject matter hereof.

Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

No Waiver

Spiral’s failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future. No waiver of any breach shall be deemed a waiver of any subsequent breach.

Assignment

Spiral may assign or transfer these Terms, and any rights or obligations hereunder, to any third party, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Spiral.

No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Spiral Health, Inc. and do not create any rights in any third party, including therapists whose Care Blueprints are used by the Service, unless expressly stated otherwise in a written agreement.

Electronic Communications

By using the Service and providing your email address and phone number, you consent to receive communications from Spiral electronically, including via email and SMS. You agree that all agreements, notices, disclosures, and other communications that Spiral provides electronically satisfy any requirement that such communications be in writing.

Headings

Section headings in these Terms are for convenience and reference purposes only and shall not affect the construction or interpretation of these Terms.

Contact

If you have questions about these Terms, please contact us at:
Spiral Health, Inc.
Email: legal@talktospiral.com