Terms and Conditions

1. Acceptance of the Terms

These Terms and Conditions (the “Terms”) form a legally binding agreement between you (“user”, “you”) and Over It Technologies LLC, a New Mexico limited liability company that owns and operates the application (“Over It”, “we”, “us”), and govern your access to and use of the Over It mobile application, website and related services (together, the “Service”).

By creating an account, downloading, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

If you live in the United States, the “Dispute resolution and arbitration” section requires you to resolve most claims through individual arbitration rather than in court, and you waive the right to take part in class actions. You have 30 days to opt out, as explained in that section.

2. Description of the Service and non-clinical nature

Over It is a self-help and emotional wellbeing application of an educational nature, designed to support people through romantic breakups using tools such as progress and mood tracking, daily challenges, motivational quotes, science-based content, breathing exercises, articles, tips and a community.

Over It is NOT a therapy, psychotherapy, psychological counseling or mental-health treatment service, and it does not create a professional-patient relationship. The content and tools are provided solely for educational, informational and self-help purposes and do not replace assessment, diagnosis or treatment by duly licensed mental-health professionals.

We do not guarantee any emotional, therapeutic or recovery outcome. Any improvement depends on many personal factors beyond our control.

3. Artificial intelligence features

Some features of the Service — in particular the chat with Ninety, and in some cases content suggestions, challenges and quotes — are generated by artificial intelligence systems and language models (“AI features”). By using them, you understand and accept what is described in this section.

Ninety is not a person or a professional

Ninety is a conversational character generated by software. It is not a human being, it is not a psychologist, psychiatrist, therapist, physician or counselor, it is not licensed and it is not supervised by a professional during your conversation, and it does not practice any regulated profession. No interaction with Ninety creates a professional-patient, therapeutic, medical or advisory relationship of any kind.

Responses may be wrong

AI features produce text automatically and probabilistically. They may generate information that is inaccurate, out of date, incomplete, biased, contradictory or plainly false (commonly called “hallucinations”), and they may misread what you write or the emotional context in which you write it.

We do not review or validate each generated response in advance. We do not guarantee the accuracy, suitability, safety or usefulness of any particular response.

It is not advice

Nothing produced by the AI features constitutes medical, psychological, psychiatric, therapeutic, pharmacological, legal, financial or any other kind of professional advice, nor a diagnosis, nor a treatment recommendation. You must not make decisions about your health, your medication, your treatment, your legal situation, your money, your relationships or any other significant matter based on what the AI tells you.

Whenever you have a doubt or a situation that worries you, always consult a licensed professional. If you are already in treatment, do not stop or change anything your professional has indicated because of something you read in the app.

It does not detect emergencies

The AI features are not an emergency, crisis or on-call service. They are not designed to reliably detect risk of self-harm, suicide, violence, abuse or medical emergencies, and they do not escalate your conversation to a professional or an emergency service. If you are at risk, follow the emergency and crisis services section.

How you use the AI

• Do not share sensitive data with the AI that you would rather not have processed, nor identifying data about other people.
• Do not use the AI to obtain medical instructions, dosages, diagnoses or professional advice.
• Do not attempt to manipulate the system into generating illegal or harmful content, child sexual content, hate speech, or instructions to harm yourself or others.
• Do not present AI-generated content as professional advice or as coming from a health professional.

Providers, content and availability

To operate these features we use third-party artificial intelligence model providers, which process the content of your messages on our behalf and under contractual confidentiality obligations. The details of this processing are in our Privacy Policy.

AI-generated content is provided “as is”. Given how these systems work, similar responses may be generated for different people, and we do not guarantee their originality or that you can claim exclusive rights over them. As between you and us, we do not claim ownership of the text the AI generates in your conversation.

We may modify, limit, suspend or discontinue the AI features at any time, including for reasons of safety, cost or provider availability. We may also apply usage limits.

If a response strikes you as wrong, harmful or inappropriate, please report it from within the app or by writing to contact@over-it.app. It helps us improve the Service.

4. Eligibility

To use the Service you must be at least 18 years old (or the age of majority in your jurisdiction, if higher). The Service is not directed to minors and we do not knowingly collect their data.

By using the Service you represent that you have the legal capacity to enter into this agreement and that the information you provide is true and current.

5. Accounts and authentication

To access certain features you must create an account using email, Google or Apple. You are responsible for keeping your credentials confidential and for all activity under your account.

You must notify us immediately of any unauthorized use of your account. We may refuse, suspend or terminate accounts in accordance with these Terms.

6. Subscriptions, billing and renewals

Over It offers paid subscription plans (monthly and 90-day) that unlock premium features. Prices are shown in the app before purchase and may vary by country, currency and promotions.

Purchases are processed through the Apple App Store or Google Play, as applicable. Billing, charging and subscription management are also governed by the terms of the relevant store.

Subscriptions renew automatically at the end of each period unless you cancel auto-renewal at least 24 hours before the renewal date. The amount is charged to the payment method linked to your store account.

You can manage or cancel auto-renewal at any time in your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the period already paid for.

7. Free trials and promotions

If we offer a free trial or promotion, its conditions will be disclosed at the time of the offer. If you do not cancel before the trial ends, the subscription will automatically convert into a paid subscription. Any unused portion of a free trial is forfeited upon purchasing a subscription.

8. Refund policy

Because purchases are made through the Apple App Store or Google Play, refund requests are governed by the policies of the relevant store and handled directly with it. Apple and Google may grant or deny refunds under their own policies.

Unless applicable law provides otherwise, payments are non-refundable by us. Where the law grants you a right of withdrawal (for example, in the EU), we will inform you how to exercise it.

9. Referral and affiliate program

We may offer a referral or affiliate program allowing you to earn benefits (discounts, credits or other rewards) for inviting new users. Your participation is subject to the program's specific rules, which we may modify or discontinue at any time.

Self-referrals, false information, spam or any fraudulent method to obtain rewards are prohibited. We may void improperly obtained rewards and suspend the accounts involved.

10. User-generated content

The Service lets you post content such as messages, comments and community contributions (“User Content”). You retain ownership of your User Content.

By posting it, you grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, adapt, display and distribute that content for the purpose of operating, improving and promoting the Service, in accordance with the Privacy Policy.

You are solely responsible for your User Content and represent that you have the necessary rights to post it and that it does not infringe third-party rights or the law. We may review, moderate, remove or restrict any User Content that breaches these Terms, without an obligation to do so.

11. Community guidelines

The Over It community is a space for support. We expect respect, empathy and care. By taking part you agree to:

• Not share identifiable personal data, yours or others', including the identity of your ex-partner.
• Not post content promoting self-harm, suicide, violence or dangerous behavior.
• Not provide medical, psychological or legal advice while presenting yourself as a professional.
• Not harass, intimidate, discriminate against or incite hatred toward others.

12. Prohibited conduct

When using the Service you agree not to:

• Use the Service for unlawful or unauthorized purposes.
• Post unlawful, defamatory, obscene, fraudulent or infringing content.
• Impersonate any person or misrepresent your identity.
• Attempt unauthorized access, breach security, introduce malware or reverse-engineer the Service.
• Collect other users' data without their consent.
• Interfere with the Service or circumvent technical or payment measures.

13. Intellectual property

The Service and all its content (software, text, graphics, characters, trademarks, logos, designs and editorial and scientific content), excluding User Content, are owned by Over It Technologies LLC or its licensors and protected by intellectual-property laws.

We grant you a limited, personal, revocable, non-transferable and non-exclusive license to use the Service under these Terms. The “Over It” marks and characters may not be used without our prior written permission.

14. Third-party services and links

The Service may integrate or link to third-party services (authentication, payment, analytics, notifications, hosting and others). We do not control and are not responsible for those services, which are governed by their own terms and policies.

15. Medical and mental-health disclaimer

We know a breakup can be a time of great emotional vulnerability, so we want to be clear and honest with you. Over It is an educational self-help tool: it is not therapy, does not diagnose or treat, and does not replace care from licensed mental-health professionals.

The Service's content is not medical, psychological or therapeutic advice. You should not ignore or delay seeking professional help because of anything you have read or used in the app.

If you are going through an emotional crisis, symptoms of depression, significant anxiety or other health concerns, we recommend consulting a licensed mental-health professional or your physician.

This disclaimer applies equally to all content in the Service: articles, challenges, quotes, exercises, whatever other users post in the community, and everything generated by the artificial intelligence features described above. For any situation that worries you, the right answer is always to consult a professional.

16. Emergency and crisis services

Over It is not an emergency service and cannot help in crisis situations. If you have thoughts of self-harm or suicide, or believe you or someone else is in immediate danger, contact your local emergency services right away (for example, by dialing your country's emergency number) or a crisis hotline.

Do not use the community, the chat with Ninety or any other feature of the Service to request emergency help: we do not guarantee that any message will be read or answered in time by a person, and the artificial intelligence features do not escalate your conversation to any assistance service.

17. Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including, without limitation, merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, accuracy or results.

We do not warrant that the Service will be error-free or uninterrupted, or that the content is complete or suitable for your particular situation. To the fullest extent permitted by law, you waive any warranty not expressly stated here.

18. Limitation of liability

To the fullest extent permitted by applicable law, Over It Technologies LLC, its members, managers, employees and suppliers will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, profits, reputation or emotional harm arising from the use of or inability to use the Service.

Our total aggregate liability for any claim relating to the Service will not exceed the greater of: (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) fifty US dollars (USD 50).

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be excluded by law.

19. Indemnification

You agree to defend, indemnify and hold harmless Over It Technologies LLC and its members, managers and employees from any claim, damage, loss or expense (including reasonable legal fees) arising from your use of the Service, your User Content or your breach of these Terms or the law.

20. Account suspension and termination

You may cancel your account at any time from the app. We may suspend or terminate your access, with or without notice, if you breach these Terms, if your conduct may harm other users or the Service, or as required by law.

Upon termination your right to use the Service ends. Active subscriptions are governed by the store's policy. Provisions that by their nature should survive (intellectual property, disclaimers, limitations, indemnification, governing law and dispute resolution) will remain in effect.

21. Changes to the Service and the Terms

We may modify, suspend or discontinue all or part of the Service at any time. We may also update these Terms; when changes are material, we will notify you by reasonable means (for example, in-app or by email). Continued use after the effective date constitutes acceptance.

22. Apple App Store-specific terms

If you downloaded the app from the Apple App Store, you acknowledge that: (a) these Terms are between you and Over It Technologies LLC, not Apple; (b) Apple has no obligation to provide maintenance or support; (c) in the event of an applicable warranty failure, you may notify Apple and Apple may refund the purchase price, while we (not Apple) are responsible for any other claims; (d) Apple is not responsible for addressing product claims or third-party intellectual-property claims; (e) you represent that you are not located in a country subject to a U.S. embargo or on any prohibited-party list; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.

23. Google Play-specific terms

If you downloaded the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app.

24. Copyright complaints (DMCA)

We respect the intellectual-property rights of others and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content posted on the Service infringes your copyright, send a notice to our designated agent at contact@over-it.app, with the subject “DMCA”, that includes:

• Your physical or electronic signature, or that of the person authorized to act on behalf of the owner.
• Identification of the copyrighted work you claim has been infringed.
• Identification of the material you claim is infringing, with enough information for us to locate it on the Service.
• Your name, address, telephone number and email address.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

If we remove your content because of a notice and you believe it was a mistake or that you had the right to use it, you may send us a counter-notice meeting the requirements of 17 U.S.C. § 512(g)(3). We may terminate the accounts of repeat infringers.

25. Governing law

These Terms are governed by the laws of the State of New Mexico, United States, and applicable U.S. federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration section. Except as provided in that section, claims will be brought in the state and federal courts located in the State of New Mexico, and both parties consent to their jurisdiction.

This choice of law and forum does not deprive you of the protection of the mandatory consumer-protection rules of your country of residence. If you are a consumer in Argentina, you keep the rights granted by Law No. 24,240 and may turn to the consumer-protection authorities and the courts of your domicile. If you live in the European Union or the United Kingdom, you keep the rights granted by the law of your country of residence and may bring claims before its courts.

26. Dispute resolution and arbitration

This section applies only if you reside in the United States. If you reside in another country, it does not apply, and claims are resolved before the courts set out in the previous section.

Talk to us first

Before starting an arbitration or any other claim, please write to contact@over-it.app with your name, your account email, a description of the problem and what you are asking for. We will do the same if the claim is ours. If we do not resolve it within 60 days of receiving the notice, either party may start arbitration.

Binding individual arbitration

Except for the exceptions below, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Payment of filing, administration and arbitrator fees is governed by those rules. The arbitration may be conducted by video, by phone or on the documents alone; if there is an in-person hearing, it will take place in the U.S. county where you reside, unless the parties agree otherwise. The arbitrator may award, on an individual basis, the same relief a court could award.

Exceptions

• Either party may bring an individual claim in small claims court, if it qualifies.
• Either party may ask a court for relief to stop the misuse or infringement of its intellectual-property rights.

Class action waiver

You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated or representative action. The arbitrator may not consolidate the claims of more than one person. If this waiver is found unenforceable as to a claim, that claim, and only that claim, will proceed in court rather than in arbitration.

How to opt out

You may opt out of this arbitration section by emailing contact@over-it.app, with the subject “Arbitration opt-out”, within 30 days of the date you first accepted these Terms. Include your name, your account email and a statement that you want to opt out. Opting out does not affect any other part of these Terms.

27. General provisions

If any provision is held invalid, the remainder will stay in effect. Failure to exercise a right is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization or sale. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties.

We are not liable for any failure or delay caused by events beyond our reasonable control. You agree to receive notices and communications about the Service electronically (in the app, on the website or by email), and that those communications satisfy any legal requirement that they be in writing.

These Terms are published in English and Spanish. If the two versions differ, the English version prevails, unless the consumer-protection law of your country requires the version in your language to prevail.

28. Contact information

For questions about these Terms, email us at contact@over-it.app. The Service is operated by Over It Technologies LLC, a New Mexico limited liability company, United States.