CONSCIOUSS AI, INC.

TERMS AND CONDITIONS

Last Updated: July 15, 2026

A. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a binding legal agreement between you ("you" or "User") and Consciouss AI, Inc., a Delaware corporation ("Consciouss AI," "we," "us," or "our"). By accessing or using the Consciouss AI platform, including its desktop application, mobile application, built-in browser, and any related services (collectively, the "Platform"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

B. Description of Service

Consciouss AI is an artificial intelligence software product that helps users complete tasks on their devices and on the internet. The Platform is available on desktop computers and mobile devices, and its features vary by device. It assists with everyday activities such as organizing information, filling out forms, managing files, researching and shopping online, planning travel, and completing online tasks. To the extent you download or access the Platform through a third-party app store (such as the Apple App Store or Google Play Store), you acknowledge that these Terms are between you and Consciouss AI (not the app store provider) and that your use is also subject to any applicable app store terms of service.

On desktop, Consciouss AI works across computer applications and web browsers. With your permission, Consciouss AI can view what is shown on your screen in order to understand the task being performed and provide assistance. You may also choose to share your screen with Consciouss AI so it can guide you step by step or help complete tasks alongside you, similar to working with a remote assistant.

On mobile, Consciouss AI operates primarily through the Platform's own app, which includes a built-in web browser that the AI can view and operate on your behalf — for example, to search for products, compare prices, or assist with bookings. You remain able to observe, interrupt, and take over any task the AI performs. The mobile app also offers a voice conversation mode that uses your device's microphone when you activate it (and, if you enable the optional wake-word feature on Android, the microphone listens continuously in the background for the wake phrase while that feature is on, which may incidentally capture ambient sounds and third-party conversations - you are solely responsible for compliance with applicable eavesdropping and wiretapping laws, including California Penal Code 632, and for obtaining any required consent from individuals in your environment), and, where enabled, proactive suggestions delivered as notifications based on your activity within the app.

The Platform may also offer optional companion features that you must separately enable, such as SOL (currently available on Android), which lets Consciouss AI communicate with you by text message (SMS) after you pair your phone number. By pairing your phone number, you expressly consent to receive automated text messages from Consciouss AI at the number you provide; SOL messages are transactional responses to your requests and are not marketing messages, and message frequency varies based on your usage. Standard carrier messaging and data rates may apply. You may opt out of SOL messages at any time by replying "STOP," "QUIT," "END," "CANCEL," or "UNSUBSCRIBE" (or any other reasonable expression of your intent to stop) to any SOL message, or by unpairing

your phone number in the app's settings. Your consent to receive text messages is not a condition of purchasing any goods or services.

Consciouss AI does not replace your operating system or applications. Instead, it acts as a supportive digital coworker that helps you work more efficiently across your existing tools while remaining under your control at all times. When the Platform performs actions on your behalf - including browsing, filling forms, or completing transactions through the built-in browser or your desktop applications - you authorize those actions and are solely responsible for any resulting obligations, including any purchases made, terms accepted, or commitments entered into by the Platform on your behalf. You should review all actions before confirming them and verify the results of any completed tasks. The Platform is designed to learn your preferences and personality through interaction to provide increasingly tailored support and personalized recommendations.

Certain features described in these Terms may not be available on all devices, plans, or in all jurisdictions, and the features available to you may vary depending on where you access the Platform.

C. Eligibility and Age Requirements

You must be at least 18 years of age to create an account and use the Platform, and the Platform is intended solely for adults. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. To assure the age of our users, we employ layered age-assurance measures appropriate to your jurisdiction rather than relying on self-declaration alone. At account setup we require you to provide your date of birth. In the United States, where available, we also request and rely on the age-bracket signal made available by your operating system provider or the applicable covered application store (for example, in accordance with the California Digital Age Assurance Act, Cal. Civ. Code sections 1798.500 et seq.). In India and other jurisdictions, we apply age-assurance measures consistent with applicable law, including the Digital Personal Data Protection Act, 2023. If we receive, or otherwise hold, clear and convincing information that your age differs from the age you have indicated, we will treat that information as the primary indicator of your age. We request and use age-related signals only to the minimum extent necessary to comply with applicable law and do not share them with third parties except as required by law.

We do not knowingly permit users under 18 to use the Platform, and the Platform is not directed to children. Because the Platform relies on personalization and behavioral analysis that we do not offer to minors, we do not seek to process children's personal data. If we become aware, or have reason to believe, that a user is under 18, we will suspend and then terminate their account and delete the associated personal data, except to the extent we are required to retain it under applicable law. In India, a "child" means an individual who has not completed eighteen years of age under the Digital Personal Data Protection Act, 2023, and we will not undertake tracking, behavioral monitoring, or targeted advertising directed at any user we identify as a child.

D. Account Registration

Account creation is required to use the Platform. To create an account, you must provide:

  • Your full name

  • Your email address

  • Responses to seven (7) personality questions designed to help calibrate the AI to your preferences

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

The Platform facilitates account access via Single Sign-On (SSO) integrations with Google and Apple, permitting you to authenticate your identity using existing credentials from these third-party providers. If you use Apple's "Sign in with Apple" and choose to hide your email address, the Platform will send account-related communications to Apple's relay address associated with your account; you are responsible for ensuring that forwarding from Apple's relay is enabled so that you receive important notices.

E. Subscription Plans and Payment

We offer three subscription tiers: Curious ($7/month), Aware ($22/month), and Consciouss ($30/month). We may also offer enterprise plans for organizations and groups. Each tier includes a monthly allowance of Credits (as defined below) along with other features and limitations described on our website and presented to you before you select a plan.

1. Billing Terms

All subscription fees are charged in advance on a monthly basis unless otherwise specified at the time of purchase. If you subscribe through a third-party app store (such as the Apple App Store or Google Play Store), your subscription is billed through that app store's payment system, and the app store's billing, refund, and cancellation policies may apply in addition to or in lieu of the terms in this Section E; please consult the applicable app store's terms for details. Payment is due on the date you first subscribe and on the same day of each subsequent month (your "Billing Date"). If your Billing Date falls on a day that does not exist in a particular month, you will be charged on the last day of that month. All fees are stated in U.S. dollars and are non-refundable except as required by law or as otherwise expressly stated in these Terms.

You may request a refund within seven (7) days of payment in the following circumstances:

  • Technical Failure — You may receive a full refund if the Platform fundamentally does not work due to technical issues on our end and we are unable to resolve the issue within a reasonable timeframe.

  • Termination Without Cause — You may receive a prorated refund for any unused portion of your subscription period if we terminate your account without cause.

  • Material Adverse Changes — You may receive a full refund for your current billing period if we make material adverse changes to these Terms that significantly reduce the Platform's functionality or your rights, and you cancel your subscription within the notice period we provide.

To request a refund, you must contact us at support@consciouss.co within seven (7) days of the charge or the event giving rise to the refund request. We will process approved refunds within 10 business days. This refund policy does not affect any statutory rights you may have under applicable consumer protection laws.

You are responsible for all applicable taxes, and we will charge tax when required on your Billing Date. AUTOMATIC RENEWAL: YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE APPLICABLE SUBSCRIPTION FEE EACH BILLING PERIOD UNTIL YOU CANCEL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE THEN-CURRENT RATE UNLESS YOU CANCEL BEFORE YOUR NEXT BILLING DATE. You may cancel at any time through your account settings or by contacting support@consciouss.co. We may obtain

updated or replacement payment information from your payment method provider to prevent interruption of your service.

2. Credits System

Your use of certain Platform features consumes "Credits." Each subscription tier (Curious, Aware, or Consciouss) includes a monthly allowance of Credits that is granted to your account on each Billing Date. Different Platform actions and features may consume different amounts of Credits, as described on our website.

  • Consumption — Credits are deducted from your account balance automatically as you use Credit-consuming features of the Platform. You are responsible for monitoring your Credit balance.

  • Expiration — Credits granted as part of your subscription's monthly allowance do not roll over into the next billing cycle; any unused monthly allowance Credits expire at the end of each billing period. Credits you purchase as a one-time Top-Up (as defined below) do not expire and remain available until used.

  • Tier Changes — If you upgrade or downgrade your subscription tier, you begin with the monthly Credit allocation associated with your new tier. Monthly allowance Credits from your previous tier do not carry over. Any unused Top-Up Credits remain available until used.

  • No Cash Value — Credits have no cash value, cannot be exchanged for cash, and cannot be transferred to another user or account.

3. One-Time Credit Top-Ups

In addition to the monthly Credit allowance included with your subscription, you may purchase additional Credits as one-time, non-recurring purchases ("Top-Ups"). Top-Ups are a separate billing arrangement from your monthly subscription fee.

  • Charging — Top-Ups are charged once, immediately at the time of purchase, to your payment method on file. Top-Up purchases do not recur automatically and are not tied to your Billing Date.

  • Delivery — Credits purchased through a Top-Up are added to your account balance immediately upon successful payment.

  • Availability — You may purchase a Top-Up regardless of your subscription tier, including on the free plan, unless otherwise stated on our website.

  • Refunds — Top-Up purchases are subject to the same refund policy described in Section E.1 (Billing Terms) above, including the seven (7) day request window and the circumstances described therein, applied as relevant to a one-time purchase (for example, a Technical Failure that prevents you from using purchased Credits).

4. Price Changes

We reserve the right to modify our subscription pricing or Top-Up pricing at any time. If we increase the price of your subscription, we will provide you with at least 30 days' advance notice via email to the address associated with your account. Price changes will take effect at the start of your next billing period following the notice period. If you do not agree to a price increase, you may cancel your subscription before the price increase takes effect, and the increase will not apply to you.

5. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@consciouss.co. If you cancel, your subscription will remain active until the end of your current billing period, and you will not be charged for subsequent periods. No refunds will be issued for partial months or unused portions of your subscription, except as required by applicable law. Unused monthly allowance Credits do not roll over and are forfeited at the end of your billing period, but any unused Top-Up Credits remain available until used and are retained on your account per Section E.2 (Expiration) if you resubscribe or on the free plan, if applicable.

Upon cancellation, you may lose access to certain features available only to paid subscribers, but your account will remain active under our free plan (if available) unless you delete your account entirely. If payment fails repeatedly, we reserve the right to downgrade your account to the free plan or terminate your account in accordance with Section O. You remain responsible for any unpaid fees, and we may pursue collection of such fees.

6. Upgrades and Downgrades

You may upgrade or downgrade your subscription tier at any time through your account settings. If you upgrade, you will be charged the prorated difference for the remainder of your current billing period, and your new rate will apply in full starting with your next billing period. If you downgrade, the change will take effect at the start of your next billing period, and you will not receive a prorated refund for the current period. As described in Section E.2 (Expiration), when you upgrade or downgrade you begin with the monthly Credit allocation associated with your new tier; monthly allowance Credits from your prior tier do not carry over, although any unused Top-Up Credits remain available until used.

7. Free Trials

We offer a one (1) month free trial. During the free trial, you receive the same monthly Credit allowance granted under the Curious plan. When you sign up for a free trial, you must provide a valid payment method. BY PROVIDING YOUR PAYMENT METHOD, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE FREE TRIAL PERIOD AT THE THEN-CURRENT RATE FOR THE PLAN YOU SELECTED (DISCLOSED TO YOU BEFORE YOU CONFIRM YOUR TRIAL), AND YOUR PAYMENT METHOD WILL BE CHARGED, UNLESS YOU CANCEL BEFORE THE TRIAL ENDS. You may cancel at any time before the trial ends through your account settings or by contacting support@consciouss.co, and you will not be charged. We will send you a reminder before the trial expires. We reserve the right to determine your eligibility for a free trial and to revoke a free trial or suspend your account if we determine you are not eligible or have violated these Terms.

F. Platform Permissions and Data Storage

The Platform requires certain permissions to function as your digital coworker. The permissions requested, and the data collected, vary by device and by which features you choose to enable. Like working with a remote assistant, you maintain control and may turn off these permissions at any time through your device settings or the Platform's settings. The subsections below describe the desktop and mobile versions of the Platform separately where their behavior differs.

1. Screen Viewing and Screen Sharing

Desktop: With your permission, the Platform can view what is shown on your screen and assist with desktop functions in order to understand the task being performed and provide assistance.

Mobile: The mobile app includes a built-in web browser and a live screen-sharing feature. When you start a live session, the Platform captures images of the built-in browser — or, if you start a screen broadcast, of your entire device screen — at regular intervals (approximately every 3 seconds) and transmits those images to third-party AI providers to generate responses. This transmission is necessary to provide the Platform's core functionality and does not constitute a "sale" or "sharing" of personal information under the California Consumer Privacy Act; please see our Privacy Policy for additional details regarding your CCPA rights. When you use assisted browsing features, the Platform may also operate the built-in browser on your behalf (for example, navigating pages or filling forms), and you may pause or take over at any time. Screen capture occurs only during a live session that you start and ends when you end the session.

2. Ambient Mode (Desktop — macOS)

The desktop Platform includes an optional feature called "Ambient Mode," which is OFF by default and must be manually enabled by you. When enabled, Ambient Mode quietly observes activity on your computer in the background using macOS system APIs (not screen capture, video recording, screenshots, microphone, or camera) in order to provide more contextually relevant assistance. Ambient Mode requires you to grant Accessibility and Automation permissions.

When active, Ambient Mode collects the following data at regular intervals:

  • The name and internal bundle identifier of the active foreground application

  • The window title of the active application (which may include document names, email subjects, or meeting names)

  • The full URL of the active browser tab (Safari and Chrome only)

  • A classification of your activity level (focused, browsing, stuck, or idle) based on keyboard and mouse inactivity

  • A hash and byte size of clipboard content (raw text is not saved to disk unless a separate setting is enabled)

  • Device power state (AC or battery) and whether the screen is locked

  • If a call application (Zoom, WhatsApp, FaceTime, Teams, Slack, or Discord) is open, the window title — which may include the name of the other call participant

Built-In Filters: Before any Ambient Mode data is saved, automated filters are applied that cannot be disabled by the user. These filters are set in the application's source code and are not user-configurable. Password managers (1Password, Bitwarden, Keychain Access), Tor Browser, and the ConscioussAI application itself are always ignored entirely — application name and bundle ID are excluded from collection. Google account sign-in pages (accounts.google.com) and URLs containing patterns such as login., /login, /signin, bank, chase.com, and stripe.com/dashboard are automatically redacted — the URL and window title are replaced with the word "(redacted)" before any data is stored.

Local Data Storage (Desktop): Ambient Mode data is stored locally on your device through two mechanisms: (i) a temporary in-memory ring buffer holding a maximum of 2,000 events (overwritten when full; never written to disk); and (ii) a persistent local SQLite database file (userData/ambient.db) that stores structured activity episodes summarizing which application was open, for how long, and at what focus level. Each episode record may include: application name, bundle ID, window title, URL, domain, duration (seconds), idle percentage, activity level, clipboard count, and clipboard repeat count.

3. Ambient Context (Mobile)

The mobile app does not observe other applications on your device; mobile operating systems do not permit this. Instead, the mobile app collects a more limited set of ambient context from your activity within the app itself, which may include:

  • Your chat messages with the Platform

  • URLs and page titles of sites you visit in the app's built-in browser

  • Content you paste into the app from your clipboard (a short preview)

  • Snapshots of your device calendar events and reminders, if you grant calendar access, used solely to help the Platform provide scheduling assistance and timely reminders; calendar data may be transmitted to third-party AI providers as part of ambient context and may contain sensitive appointment details

This mobile ambient data is stored locally on your device in a capped store (a maximum of 2,000 events; oldest entries are overwritten). The mobile app may periodically process this data in the background to generate proactive suggestions, which may be delivered as notifications on your device. You may disable proactive suggestions at any time in the app's settings without affecting other Platform functionality. In addition, after you exchange messages with the Platform on mobile, your recent chat messages may be transmitted to a third-party AI model to extract facts and preferences used to personalize your experience, and, after each message you send, your latest message together with a summary of your profile may be transmitted to our servers so the Platform can decide whether to offer a proactive check-in or suggestion. By using the mobile app, you expressly consent to this background processing; you may withdraw consent by disabling proactive suggestions in the app's settings.

4. User Controls Over Local Ambient Data

Desktop: Data older than 30 days is automatically deleted from the local database on startup and every 6 hours. A "Forget Last 15 Minutes" function erases both the in-memory buffer and database entries from the last 15 minutes. A "Forget All" function wipes the entire in-memory buffer and local database.

Mobile: A "forget recent activity" function erases locally stored ambient events from a specified recent time window (disclosed in the app before you confirm the action) and prevents events from that window from being re-collected by pending background processes. Older entries are automatically discarded as the capped store fills. To request deletion of all personal information collected by the mobile app, including data transmitted to our servers, you may exercise your rights under the California Consumer Privacy Act as described in our Privacy Policy.

The "Forget All" control also deletes any long-term memories generated from your ambient data through the memory consolidation feature described in Sections F.10 and F.11 below, which are stored locally on your device. These controls cannot, however, recall ambient data that has already been transmitted to third-party AI providers for processing — for example, ambient context included with past chat messages — as described in the Privacy Policy. Upon receiving a deletion request under the California Consumer Privacy Act, we will direct our third-party service providers and AI providers to delete your personal information from their records to the extent required by law, though we cannot guarantee that all transmitted data can be retroactively purged from third-party systems.

5. Voice Mode (Microphone)

The Platform offers an optional voice conversation mode. When you activate voice mode, the Platform captures audio from your device's microphone and streams it in real time to Google (Gemini Live), which performs speech recognition and generates spoken responses using Gemini's native audio voices. Voice audio may also be transcribed using Whisper speech-recognition models hosted by Groq. Audio data streamed to these third-party providers is subject to their respective data handling practices; we contractually require these providers not to use your audio to train their models, but we do not control their data retention practices. Please review our Privacy Policy for details on how voice data is processed, retained, and protected, including your rights under the CCPA regarding sensitive personal information. During hands-free voice sessions on desktop, the Platform may also capture periodic screenshots of your screen and send them to Google along with your audio so the assistant can respond to what is on your screen; these screenshots are captured only for the duration of the voice session.

Wake Word (Android, optional): The Android app offers an optional wake-word feature. When you enable it, the app keeps your device's microphone active in the background and listens continuously for the wake phrase so that a voice session can be started hands-free. While this feature is enabled, the microphone is active even when no voice session is running, until you disable the feature or revoke microphone permission in your device settings. Because the microphone remains continuously active, it may incidentally capture ambient audio including conversations of third parties in your vicinity. You acknowledge that California Penal Code 632 and similar laws in other jurisdictions prohibit the recording or eavesdropping on confidential communications without consent of all parties. You are solely responsible for ensuring that your use of the wake-word feature complies with all applicable laws and for obtaining any necessary consent from individuals in your environment.

Apart from the optional wake-word feature, the microphone is active only while a voice session you started is running; you may mute the microphone or end the session at any time. The statement in Section F.2 that Ambient Mode does not use the microphone remains true — outside of voice mode and the wake-word feature, the Platform does not access your microphone.

6. Location Information

IP-Based Approximate Location (All Platforms): To localize features such as shopping, food delivery, and local recommendations, the Platform determines your approximate location (country, region, city, approximate coordinates, time zone, and local currency) using IP-based geolocation. Approximate location information may be included as context in requests sent to third-party AI providers.

Device Location (Android): The Android app may request access to your device's location — using GPS and fused location services — including when you first launch the app. Precise geolocation data is classified as sensitive personal information under the California Consumer Privacy Act, and you have the right to limit its use and disclosure as described in our Privacy Policy. If you grant this permission, the app uses your device location to provide location-dependent features you request, such as setting a pickup point when booking a ride through the app's built-in browser. When used for such tasks, your device location may be shared with the third-party service you are transacting with and may be included as context in requests to the AI providers assisting with the task. Granting location permission is optional, and you may revoke it at any time in your device settings; some location-dependent features may not function without it.

7. Contacts (Mobile)

If you grant the mobile app access to your device contacts, the Platform reads contact names and phone numbers solely to help you address messages to people you specify (for example, "text Mom"). Contact information is

matched on your device for this purpose and is not transmitted to Consciouss AI's servers or to third-party AI providers. You may revoke contacts access at any time in your device settings.

8. SOL (SMS Assistant)

SOL is an optional feature, currently available in the Android app, that, once you pair your phone number by sending an activation text, allows the Platform to communicate with you by SMS text message. Pairing collects your phone number. SOL messages are routed through a gateway service hosted on Cloudflare infrastructure (acting as our service provider under applicable data processing agreements), which receives — in addition to your message content — your session token, your selected AI model, and a summary of your profile in order to generate replies. Messages you exchange with SOL are processed by the Platform and its third-party AI providers like any other chat message. Standard carrier messaging and data rates may apply. You may opt out at any time by replying "STOP," "QUIT," "END," "CANCEL," or "UNSUBSCRIBE" (or any other reasonable expression of your intent to stop) to any SOL message, or by unpairing in the app's settings, after which SOL will stop texting you.

9. Data Storage

Your personal data is stored on cloud-based servers (currently hosted on Amazon Web Services). We implement industry-standard security measures to protect your data, including encryption in transit and at rest. However, you should understand that cloud storage means your data is transmitted over the internet and stored on servers that we do not physically control, though we use reputable third-party hosting providers with strong security practices.

10. Ambient Data Transmitted to External Servers

When Ambient Mode (desktop) or the mobile app's ambient context collection is active, certain ambient activity data leaves your device and is transmitted to third-party AI servers through the following mechanisms:

  • Chat Message Context — Each time you send a message using the Platform's chat interface, recently collected ambient activity data (approximately the most recent 20 minutes on desktop) is automatically included as background context in the request sent to whichever third-party AI provider you have selected. On desktop, this context may include clock times, application names, window titles, URL host and path information, duration, activity level, idle percentage, information about the application currently open, and the name of any call participant currently detected. On mobile, this context may include recent chat activity, in-app browser URLs and titles, clipboard previews, and calendar snapshot information.

  • Activity Trigger Transmissions (Desktop) — A background monitoring process continuously analyzes your activity patterns. When the Platform classifies your activity as falling into certain categories (spreadsheet work, presentations, research, homework, music, streaming, coding, reading, or appearing stuck), a summary of your recent ambient activity is automatically transmitted to Google Gemini 2.5 Flash (routed via OpenRouter). These transmissions occur automatically and silently whenever Ambient Mode is enabled, and you are not notified at the time data is transmitted. If the Platform generates a suggestion based on this analysis, you may receive a notification presenting the suggestion, which you can use to start a chat or dismiss. The only way to stop activity trigger transmissions is to disable Ambient Mode. The data transmitted may include application name, URL host and path, window title (truncated), session duration, activity level, idle percentage, clipboard counts, and a short history of prior episodes (specifically when the "stuck" classification is detected).

  • Periodic Memory Consolidation (Desktop; off by default) — The desktop Platform includes a memory consolidation feature that is disabled by default and is not currently exposed as a setting within the app. If enabled, the Platform periodically batches recent ambient activity data and transmits these batches to a third-party AI model (currently Google Gemini 2.5 Flash, routed via OpenRouter), which generates summary facts. These summary facts are stored as long-term memories locally on your device in JSON files — they are not stored on our servers — and are deleted by the "Forget All" control described in Section F.4. The mobile app does not include this feature.

11. Memory Storage and Deletion (Desktop)

Long-term memories generated through the memory consolidation feature are stored locally on your device, not at the account level on our servers. They persist on your device until deleted: the "Forget All" control described in Section F.4 deletes these memories along with the local ambient activity database, and removing the application's local data also deletes them. Deleting local memories does not, however, recall ambient data that was previously transmitted to third-party AI providers as part of chat message context or activity trigger transmissions, and it does not affect other account data stored on our servers (such as your chat history), which is governed by the Privacy Policy.

12. Third-Party Names Captured via Call Detection (Desktop)

The desktop Ambient Mode call detection feature reads window titles from call applications. Because many call platforms include the other party's name in the window title (e.g., "Sarah Johnson – WhatsApp voice call"), the names of individuals who are not users of the Platform and who have not consented to it may be captured, transmitted to third-party AI providers through any of the data transmission mechanisms described above, and, if the memory consolidation feature is enabled, potentially incorporated into locally stored long-term memories. Similarly, when using the mobile app's voice mode or wake-word feature, the microphone may capture the voices or conversations of third parties in your environment, which may be transmitted to third-party AI providers for processing. You are responsible for disabling Ambient Mode before or during calls, and for ensuring that third parties in your environment are not unwittingly captured by the Platform's voice features, if you do not have authorization to expose the other party's identity or communications to the Platform.

G. User Content

You may upload various types of content to the Platform, including schedules, calendars, to-do lists, assignments, and may connect your Gmail account.

1. Ownership

You retain ownership of all content you upload or create using the Platform ("User Content"). However, by uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense solely to third-party service providers necessary to operate the Platform, such as cloud hosting and AI providers) to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit your User Content solely to:

  • Operate and provide the Platform's services to you

  • Provide personalized recommendations and services to you

  • Comply with applicable laws and enforce these Terms

We do not use your User Content to train our AI models or any third-party AI provider's models. See Section G.9 (No Use of Your Content to Train AI Models) below.

Note on Sublicensing: This license includes the right to sublicense your User Content only to third-party service providers who help us operate the Platform, including cloud hosting providers and third-party AI and language model providers that process your content to enable the Platform's AI capabilities. We will not sell or license your User Content to third parties for their independent commercial use unrelated to providing the Platform's services to you.

2. Scope and Duration of License

This license continues for as long as your User Content is stored on the Platform. It also continues for a commercially reasonable period thereafter to allow for operational purposes such as backup retention, legal compliance, and dispute resolution. Upon termination of your account, we will cease using your User Content for the purposes described above, except as necessary to comply with legal obligations or resolve disputes, subject to our data retention practices described in the Privacy Policy.

3. Third-Party AI Providers

At launch, we use third-party large language model (LLM) providers to power the Platform's AI capabilities. When you use the Platform, your User Content may be transmitted to and processed by these third-party providers. We select providers with strong data protection practices and require, through contractual commitments, that they do not use your data to train their AI models. However, once data is shared with third-party providers, their handling of that data is also subject to their own policies, and we cannot guarantee their compliance with our contractual requirements in all circumstances. You should review our Privacy Policy for more information about our third-party AI providers and how your data is shared.

4. How We Use Your Content

The Platform uses your User Content to learn about you and provide better personalized recommendations and experiences, similar to how a remote assistant learns your working style. This includes analyzing your preferences, personality traits, habits, and patterns to tailor the AI's responses and proactive suggestions to your individual needs, helping you work more efficiently across your existing tools.

Important note about third-party processing: Your User Content is transmitted to and processed by third-party AI providers (including large language model providers) to enable the Platform's functionality — for example, to generate real-time responses to your requests. This processing occurs on third-party systems that we do not directly control. As described in Section G.9 below, this processing does not include using your User Content to train AI models.

5. User Content Restrictions

You agree not to upload User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or objectionable

  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights

  • Contains sensitive personal information of third parties (such as social security numbers, credit card information, or health information) unless you have authorization to share such information

  • Violates any applicable laws or regulations

  • Contains confidential information belonging to third parties that you do not have permission to disclose

  • Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity

6. Third-Party Information and Data

You acknowledge that the Platform, when granted screen viewing permissions or when Ambient Mode is enabled, may capture information belonging to third parties that appears on your screen or is accessible through your device, or that is captured through system APIs. This could include:

  • Personal information of friends, family members, classmates, or colleagues (names, contact information, photos, etc.)

  • Confidential business information belonging to your employer or clients

  • Copyrighted content belonging to third parties

  • Attorney-client privileged communications

  • Healthcare information protected by HIPAA

  • Financial account information

  • Any other sensitive or confidential third-party data

You represent, warrant, and agree that:

  • Authorization Required — You have obtained all necessary rights, permissions, and consents to expose any third-party information to the Platform, or you will not use the Platform in circumstances where such information may be visible or accessible.

  • Restricted Use Environments — You will not use the Platform's screen viewing or desktop control features, and you will disable Ambient Mode, in situations where third-party confidential, proprietary, or personal information may be visible or captured (emails/documents with others' personal information, confidential business systems, protected health information, others' financial accounts, attorney-client communications, or other students' educational records).

  • Ambient Mode Call Detection — You agree to disable Ambient Mode before or during any call where the other participants have not consented to having their identity captured and processed by the Platform and its third-party AI providers.

  • Disabling Features — You are solely responsible for disabling the Platform's screen viewing feature before accessing any third-party confidential or personal information.

  • Compliance with Laws — Your use of the Platform complies with all applicable privacy laws, including HIPAA, FERPA, GLBA, state privacy laws, and any confidentiality obligations you owe to third parties.

  • Third-Party Rights — You will not use the Platform in any way that violates third-party rights, including privacy, confidentiality, intellectual property, or contractual obligations.

Third-Party Indemnification: In addition to the indemnification obligations in Section L, you specifically agree to indemnify, defend, and hold harmless Consciouss AI from any claims brought by third parties whose information you exposed to the Platform without authorization, including claims for invasion of privacy, breach of confidentiality, violation of privacy laws (HIPAA, FERPA, CCPA, etc.), misappropriation of trade secrets, copyright or trademark infringement, and breach of contract.

We are not responsible for your exposure of third-party data: We have no obligation to screen, filter, or monitor User Content for third-party information, and we are not responsible for determining whether you have appropriate rights to expose third-party information to the Platform. You bear sole responsibility for compliance with all applicable laws and third-party rights.

7. Our Rights Regarding User Content

We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or that we deem inappropriate for any reason. However, we are not responsible for User Content and do not endorse any opinions expressed in User Content.

We have no obligation to store, maintain, or provide you with copies of your User Content. You are solely responsible for maintaining backup copies of your User Content.

8. Feedback

If you provide us with any feedback, suggestions, or ideas about the Platform ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation to you. Feedback is separate from User Content and is not subject to the privacy protections applicable to your User Content.

9. No Use of Your Content to Train AI Models

We do not use your User Content, interactions, or behavioral patterns to train our own AI models or any third-party AI provider's models. We do not ask you to make a choice about AI training during account creation or otherwise, because your data is not used for that purpose.

Your User Content is transmitted to and processed by third-party AI providers solely to generate real-time responses and provide the Platform's functionality to you (for example, to answer your requests or power Ambient Mode, voice mode, and SOL), as described in Sections F and G.3 above. That processing does not include incorporating your data into the training of our AI models or any third-party provider's models.

If this changes in the future, we will update these Terms and provide notice in accordance with Section N (Modifications to the Platform and Terms) before any such use begins, and, where required by applicable law, we will obtain your prior consent.

H. Privacy and Personal Information

The Platform collects and processes personal and potentially confidential information, including your name, email address, payment information, phone number (if you enable SOL), device location (if you grant permission), voice and audio data (if you use voice mode), contacts (if you grant access), screen captures (during live sessions), clipboard content, calendar data, and other information as described in Sections F and G above. This information may be stored on cloud-based servers and may be shared with third-party service providers, including third-party AI and language model providers, as necessary to operate the Platform. Certain categories of this information - including precise geolocation data, the contents of your messages (including chat messages and SOL SMS messages), and information derived from voice audio - may constitute "sensitive personal information" under the California Consumer Privacy Act, subject to your right to limit use and disclosure as described in our Privacy Policy.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please carefully review our Privacy Policy to understand how your data is stored, processed, and shared with third parties, including third-party AI providers.

I. AI-Generated Outputs and Disclaimer

The Platform is an artificial intelligence tool and is capable of making mistakes. You should not rely solely on the Platform's outputs for important decisions. The AI may generate inaccurate, incomplete, or outdated information. You remain in control and should review the Platform's suggestions and actions.

Limited Warranty

We provide the following limited warranties:

  • Basic Functionality Warranty — We warrant that the Platform will perform substantially in accordance with its documented features and capabilities for a period of thirty (30) days from the date of your first use.

  • Security Standards Warranty — We warrant that we implement industry-standard security measures to protect your data, including encryption in transit and at rest as described in our Privacy Policy.

  • Malware-Free Warranty — We warrant that the Platform, as provided by us, will be free from viruses, malware, and other malicious code.

Exclusive Remedy: If we breach these limited warranties, your exclusive remedy is, at our option: (a) repair or replacement of the Platform functionality; (b) a refund of fees paid in the thirty (30) days prior to your warranty claim; or (c) account credit equal to one (1) month of your subscription fee.

To make a warranty claim, you must notify us within thirty (30) days of discovering the issue by emailing support@consciouss.co.

Disclaimer of Other Warranties

Except for the express limited warranties above, the Platform is provided "as is" and "as available" without warranties of any kind.

We specifically disclaim:

  • AI Performance Warranties — We do not warrant that AI-generated outputs will be accurate, complete, appropriate, or error-free.

  • Availability Warranties — We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free.

  • Specific Results Warranties — We do not warrant that the Platform will meet your specific requirements or produce specific results.

  • Third-Party Compatibility — We do not warrant compatibility with all third-party systems, software, or services.

  • Data Loss Prevention — We do not warrant that your data will never be lost, corrupted, intercepted, or compromised.

To the extent permitted by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You assume all responsibility and risk for your use of the Platform and for any decisions made based on the Platform's outputs. We are not responsible for any errors, omissions, or inaccuracies in the AI-generated content.

Third-Party Data Capture Risk

When you enable screen viewing or Ambient Mode, the Platform may capture information belonging to third parties that appears on your screen or is collected through system APIs, including the names of individuals who are participants in calls detected through the Ambient Mode call detection feature. You are solely responsible for ensuring you have appropriate authorization to expose third-party information to the Platform and for complying with all applicable privacy laws and confidentiality obligations.

Specific AI Limitations You Should Understand

  • Academic Work — The AI may provide assistance that violates your school's academic integrity policies. You are responsible for ensuring your use complies with school rules.

  • Schedule Management — The AI may schedule conflicting appointments, miss important deadlines, or make scheduling errors. Always verify important commitments.

  • Email and Communications — If you grant email access, the AI may misinterpret messages, send unintended replies, or fail to flag urgent communications.

  • File Management — The AI may organize, move, or delete files in ways you did not intend. Maintain backups of important files.

  • Financial Matters — Do NOT rely on the AI for financial advice, investment decisions, or management of financial accounts.

  • Health and Safety — Do NOT rely on the AI for medical advice, mental health support, or emergency situations. Call 911 for emergencies.

  • Legal Matters — Do NOT rely on the AI for legal advice or interpretation of contracts, laws, or regulations.

J. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. As the Platform acts as your digital coworker with access to your screen and applications, you are responsible for ensuring your use complies with all applicable laws and does not expose third-party confidential information without authorization.

You agree NOT to:

  • Use the Platform for cheating, plagiarism, or academic dishonesty

  • Engage in any illegal activity or encourage others to do so

  • Attempt to gain unauthorized access to the Platform or other users' accounts

  • Interfere with or disrupt the Platform's operation or servers

  • Use the Platform to distribute malware, viruses, or other harmful code

  • Reverse engineer, decompile, or disassemble any portion of the Platform

  • Use the Platform in any manner that could damage, disable, overburden, or impair our systems

  • Violate any applicable laws, regulations, or third-party rights

  • Expose third-party personal information, confidential information, or protected data to the Platform without authorization from the third party

  • Use the Platform in violation of any confidentiality agreement, non-disclosure agreement, employment agreement, or other contractual obligation

  • Use the Platform to access, view, or process information protected by HIPAA, FERPA, GLBA, or other privacy laws when such use would violate those laws

  • Use the Platform while accessing another person's private communications, accounts, or personal information without their consent

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including suspending or terminating accounts without notice.

Examples of Prohibited Use That Would Violate Third-Party Rights

  • Using screen viewing while viewing a coworker's personnel file or performance review

  • Using screen viewing while accessing your employer's confidential business plans or trade secrets

  • Using screen viewing while viewing another student's grades or educational records

  • Using screen viewing while reading someone else's private emails or messages

  • Using screen viewing while accessing a family member's medical records or financial accounts

  • Using screen viewing during a video call with others who have not consented to Platform access

  • Using screen viewing while viewing copyrighted content you do not have rights to reproduce

  • Using screen viewing while accessing client information covered by attorney-client privilege

If you are unsure whether information on your screen belongs to third parties or whether you have authorization to expose it to the Platform, you should disable screen viewing before accessing such information.

K. Intellectual Property

The Platform, including all software, algorithms, designs, text, graphics, logos, and other content (excluding User Content), is owned by Consciouss AI and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for your personal use in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Platform without our express written permission.

L. User Indemnification

You agree to indemnify, defend, and hold harmless Consciouss AI, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform

  • Content you submit through the Platform

  • Your violation of these Terms

  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

  • Any actions you take based on the Platform's outputs or recommendations

  • Your exposure of third-party confidential or personal information to the Platform without authorization

  • Any misrepresentation you made in connection with your account or use of the Platform

You are solely responsible for your use of the Platform and any consequences that result from such use.

Indemnification Procedures

If we seek indemnification under this Section L:

  • We will provide you with prompt written notice of any claim for which we seek indemnification (though our failure to provide prompt notice will not relieve your indemnification obligation except to the extent you are materially prejudiced by the delay).

  • You will have the right to assume control of the defense of any such claim, provided that you use counsel reasonably acceptable to us, you do not settle in a manner that admits liability on our behalf or imposes obligations on us without our prior written consent, and we may participate in the defense at our own expense.

  • If you do not assume control of the defense within a reasonable time, we may defend the claim at your expense.

Limitations

Your indemnification obligations under this Section L do not apply to claims arising solely from:

  • Our gross negligence or willful misconduct

  • Our breach of these Terms

  • Defects in the Platform that we knew about and failed to disclose

  • Our violation of applicable law

M. Limitation of Liability

To the maximum extent permitted by law, Consciouss AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, whether in an action in contract, tort, or otherwise, arising out of or related to your use of the Platform, even if we have been advised of the possibility of such damages. This limitation does not apply to damages arising from (a) our gross negligence or willful misconduct, (b) a data breach resulting from our failure to implement the security measures described in these Terms, or (c) our violation of applicable privacy laws, including the California Consumer Privacy Act.

To the extent permitted by law, our total liability to you for all claims arising out of or related to these Terms or the Platform shall not exceed the greater of: (a) the amount you paid to us in the twelve (12) months preceding the claim; or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

N. Modifications to the Platform and Terms

We reserve the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

We may update these Terms from time to time. If we make material changes, we will notify you by email to the address associated with your account or through a prominent notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account as described in Section O below.

O. Termination

You may terminate your account at any time by contacting us or through your account settings. We may terminate your account, with or without cause and with or without notice, if we believe you have violated these Terms or for any other reason in our sole discretion. When you confirm deletion of your account, we will immediately begin deleting your account and associated data; we do not maintain a delayed retention period after a user-requested deletion, except to the extent we are required to retain certain data to comply with legal obligations or resolve disputes. Long-term memories generated from ambient data are stored locally on your device and are removed using the "Forget All" control or by deleting the application's local data, as described in Section F.

P. Geographic Availability and International Use

The Platform is operated from the United States and is currently available to users located in the United States (with an initial focus on California) and, where we have launched the Platform, to users located in India. The mobile app may be geo-restricted in app stores to the jurisdictions where the Platform is offered. By creating an account or using the Platform, you represent and warrant that you are located in a jurisdiction where we make the Platform available. Users located in jurisdictions where we have not made the Platform available are not permitted to access or use it, and we do not offer the Platform to them. Your information may be transferred to, stored, and processed in the United States and other jurisdictions in connection with operating the Platform, as described in the Privacy Policy.

We may expand availability to additional jurisdictions in the future, potentially including countries in Latin America. If and when we do, we will provide any additional terms required by the applicable jurisdiction's consumer-protection or data-protection framework to affected users before offering the Platform in that jurisdiction, and those terms will form part of these Terms for users in that jurisdiction.

Additional Terms for Users in India. If you access or use the Platform in India, the following additional terms apply and, to the extent of any conflict with the rest of these Terms, govern with respect to your use in India:

Data Fiduciary and Consent — Consciouss AI acts as a Data Fiduciary under the Digital Personal Data Protection Act, 2023 (the "DPDP Act") with respect to your personal data. We process your personal data on the basis of the consent you provide, which must be free, specific, informed, unconditional, and unambiguous, and which you may withdraw at any time; withdrawing consent will not affect the lawfulness of processing carried out before withdrawal, and the consequences of withdrawal are described in the Privacy Policy.

Notice and Languages — We will provide the notices required under the DPDP Act and will make them available, on request, in English or any language specified in the Eighth Schedule to the Constitution of India.

Your Rights — You have the right to obtain a summary of the personal data we process and our processing activities, the right to obtain the identities of other Data Fiduciaries and Data Processors with whom we have shared your personal data along with a description of the data shared, the right to correction and erasure of your personal data, the right of grievance redressal, and the right to nominate another individual to exercise your rights in the event of your death or incapacity, each as provided under the DPDP Act.

Grievance Redressal — You may contact us regarding the processing of your personal data at privacy@consciouss.co, and you should seek to resolve your grievance through this mechanism before approaching the Data Protection Board of India. If your grievance is not resolved, you may lodge a complaint with the Data Protection Board of India.

Cross-Border Transfer — Your personal data may be transferred to, stored, and processed in the United States and other jurisdictions in connection with operating the Platform, subject to the restrictions applicable under the DPDP Act.

Commercial Communications — Where SOL or other SMS features are made available in India, they are subject to applicable Indian telecommunications regulations governing commercial communications and customer preferences, in addition to the consent and opt-out terms in these Terms.

Q. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures for claims under $250,000, or its Comprehensive Arbitration Rules and Procedures for claims at or above $250,000. The arbitration shall be conducted in Santa Clara County, California (or via video conference at your option), before a single neutral arbitrator, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. For consumer users, Consciouss AI will pay all arbitration fees in excess of what you would pay to file a claim in court. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS, AS DESCRIBED BELOW.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending written notice to: Consciouss AI, Inc., 440 Wolfe Rd., Unit WL 154, Sunnyvale, CA 94085, stating your name, email address, and intent to opt out of the arbitration provision.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Consciouss AI individually. To the fullest extent permitted by law, you agree that:

  • No arbitration or proceeding shall be joined with any other

  • There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures

  • There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions

Either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Users in India: If you are located in India, nothing in this Section Q limits, waives, or overrides any right or remedy available to you under applicable Indian law that cannot be waived by agreement, including your right of grievance redressal and your right to lodge a complaint with the Data Protection Board of India under the DPDP Act as described in Section P. To the extent applicable Indian law prohibits enforcement against you of the governing-law, arbitration, or class-action-waiver provisions of this Section, those provisions do not apply to you to that extent, and any dispute that cannot be subject to arbitration may be brought before the courts or authorities having jurisdiction in India.

R. Miscellaneous

  • Entire Agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Consciouss AI regarding the Platform and supersede any prior agreements or understandings.

  • Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

  • Waiver — Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

  • Assignment — You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

  • No Agency — Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Consciouss AI.

Contact Information

If you have questions about these Terms, please contact us at:

Consciouss AI, Inc.

440 Wolfe Rd., Unit WL 154 Sunnyvale, CA 94085 support@consciouss.co