1. Definitions
Application or App means the FunctionalMe software, website links embedded within the app, data processing systems, and all related services.
User Content means any information, reflections, text, entries, notes, logs, goals, or other materials that you input into the App.
We, Us, and Our refer to FunctionalMe.
You refers to the individual using the App.
2. Eligibility
You must be at least 18 years old to use FunctionalMe. The App is recommended for individuals over 24. Use of the App is allowed only in the United States. If you are located in the European Union or the European Economic Area, you may not use the App.
You represent that you have the legal capacity to enter into this agreement and are not barred from using the App under any applicable laws.
3. Nature of the Service and Important Disclaimers
FunctionalMe is a self regulation, mood tracking, and personal wellness application. FunctionalMe is not a medical device, diagnostic tool, treatment plan, crisis response system, therapist, counselor, or healthcare provider.
The App does not provide medical advice, mental health advice, clinical guidance, or emergency assistance. All insights, summaries, or AI generated suggestions are informational only.
If you need medical, mental health, or crisis support, you must contact a licensed professional or emergency services.
Any future optional features involving clinicians will be entirely user directed and will not create a medical relationship between you and FunctionalMe.
4. User Account Responsibilities
You must create an account using an OAuth provider such as Google. You agree to:
- Provide accurate and current information
- Maintain the confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify FunctionalMe immediately if you suspect unauthorized access
FunctionalMe is not responsible for loss arising from unauthorized access that results from your failure to secure your devices or credentials.
5. Acceptable Use
You agree not to:
- Use the App for illegal, harmful, or fraudulent purposes
- Use the App to harass or harm others
- Attempt to access another user’s information
- Interfere with or disrupt the App or its servers
- Circumvent security measures
- Mine data, scrape content, or automate interactions without permission
- Upload any content that is unlawful, defamatory, or infringes the rights of others
FunctionalMe may suspend or terminate your account for any violation of these rules.
6. User Content and License
You retain ownership of all User Content you enter into the App.
By using the App, you grant FunctionalMe a non exclusive, royalty free license to store, process, analyze, and use your User Content to:
- Operate the App
- Provide functionality
- Generate insights
- Improve features
- Create de identified or aggregated research data
FunctionalMe will not publish identifiable User Content or use it for external research without your explicit written consent.
7. AI Based Features
AI processing is optional and requires global opt in consent.
If you activate AI features, you authorize FunctionalMe to send relevant User Content to an AI processor to generate summaries, insights, or suggestions. You may disable AI features at any time, and upon doing so FunctionalMe will stop sending content to AI processors.
AI generated outputs may be inaccurate or incomplete. You agree not to rely on AI outputs for any medical, mental health, legal, or safety decisions.
8. No Medical, Legal, or Professional Services
FunctionalMe does not create a provider patient relationship, therapist client relationship, or any other professional relationship. The App does not diagnose, treat, prevent, or cure any condition.
You agree not to interpret App content or any AI output as professional advice.
9. Donations and Payments
FunctionalMe may accept donations through PayPal or Venmo. These services process all payment information and their terms apply. FunctionalMe does not store payment card information.
Donations do not create ownership rights, decision making authority, or access to other users’ information.
10. Intellectual Property Rights
All FunctionalMe intellectual property, including text, graphics, design, code, databases, and trademarks, is the exclusive property of FunctionalMe and its creators.
You agree not to:
- Copy or distribute App content
- Reverse engineer or decompile the App
- Train machine learning models on the App, its outputs, or aggregated content
- Use any FunctionalMe trademarks without permission
11. Changes to the App
FunctionalMe may modify, suspend, discontinue, or restrict parts of the App at any time without liability. This includes adding or removing features, changing access, or updating data processing practices.
12. Termination of Use
FunctionalMe may suspend or delete your account at any time if you:
- Violate these Terms
- Misuse the App
- Provide false information
- Attempt to compromise security
- Engage in harmful behavior
- Are required to be removed by law
You may delete your account at any time. FunctionalMe follows a 45 day grace period unless you opt out.
13. Indemnification
You agree to indemnify and hold harmless FunctionalMe, its creators, developers, contributors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses arising out of:
- Your use of the App
- Your violation of these Terms
- Your violation of any law
- Your User Content
- Any interaction with third parties that arises through your use of the App
14. Warranty Disclaimer
FunctionalMe is provided on an as is and as available basis. FunctionalMe makes no warranties of any kind, including:
- Fitness for a particular purpose
- Non infringement
- Accuracy of insights
- Reliability of data
- Availability or uptime
- Compatibility with your devices
- Security beyond industry standard safeguards
FunctionalMe does not guarantee that the App will be error free or uninterrupted.
15. Limitation of Liability
To the fullest extent permitted by law, FunctionalMe is not liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of data or content
- Inaccurate or misleading insights
- Decisions made based on App information
- Security breaches beyond reasonable control
- Any emotional or psychological harm resulting from use of the App
- Loss of revenue, profits, goodwill, or business opportunities
- Damages exceeding one hundred dollars (100 USD) or the total amount you have paid to FunctionalMe in the last twelve months, whichever is greater
These limitations apply even if FunctionalMe has been advised of the possibility of damages.
16. Arbitration and Class Action Waiver
Any dispute arising out of or relating to your use of the App shall be resolved through binding arbitration conducted in Worcester County, Massachusetts, under the rules of the American Arbitration Association.
You agree that:
- You waive the right to a trial by jury
- You waive the right to participate in any class action
- You may bring claims only in your individual capacity
If this section is found unenforceable, the dispute must be brought in a court of competent jurisdiction in Worcester County, Massachusetts.
17. Export Control and International Restrictions
FunctionalMe is intended for use only within the United States. You agree not to access or use the App from countries where its use is restricted or unlawful.
18. Changes to These Terms
FunctionalMe may update these Terms at any time. When updated, the revised date will be posted. Continued use of the App after changes means you accept the updated Terms.
19. Contact Information
For questions about these Terms, contact:
hello@functionalme.app
FunctionalMe PBC, Inc
100 Front Street
Suite 401 Unit 200
Worcester, MA 01608