Terms of Service

These Terms of Service ("Terms") govern your access to and use of WithMarsha—the mobile application and website operated by GTM Bot Inc. ("WithMarsha," "we," "us," or "our"). By accessing or using the Service, you agree to these Terms, our Privacy Policy, and Disclaimer, each incorporated by reference. If you disagree with any part, do not use the Service.

WithMarsha is an educational DBT skills companion—not therapy, medical care, or an emergency service. The AI assistant "Marsha" provides skill-building guidance, not clinical advice or crisis intervention. If you experience a crisis or believe you may be in danger, call 911 or 988 (U.S.) or contact local emergency services immediately.

To use the Service, you must:

• Be at least 16 years old (or the age of majority in your jurisdiction).
• Have the legal capacity to enter a binding contract.
• Not be barred from using the Service under applicable law.

If you are under 18, you must use the Service only with parental or guardian consent.

By creating or using an account, you agree to:

• Provide accurate, complete registration information.
• Maintain the security of your account credentials.
• Notify us immediately of unauthorized access.

You are responsible for all activity under your account and may not share or sell access to others.

All purchases and subscriptions are processed exclusively through Apple's App Store. You agree to Apple's in-app purchase and subscription policies.

• Auto-Renewal: Subscriptions renew automatically unless cancelled in your Apple ID settings at least 24 hours before renewal.
• Cancellations: You may cancel at any time via Apple ID settings; cancellation prevents the next renewal.
• Refunds: All sales are final. Refunds are governed solely by Apple's policies; WithMarsha cannot issue or modify them.
• Price Changes: We may adjust pricing for future billing cycles. Apple will provide advance notice as required.

You may not:

• Violate law or third-party rights.
• Reverse-engineer, scrape, or decompile the Service.
• Interfere with or disrupt servers, networks, or security features.
• Misrepresent your identity or impersonate others.
• Upload unlawful, harmful, or offensive content.

We may suspend or terminate accounts violating these rules.

All software, content, designs, text, graphics, and trademarks within WithMarsha are the property of GTM Bot Inc. or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

You retain ownership of your personal reflections and conversation data but grant WithMarsha a worldwide, royalty-free license to host, process, and display that data solely to operate, secure, and improve the Service in accordance with our Privacy Policy.

Feedback or suggestions may be used freely without obligation or compensation.

Use of the Service is governed by our Privacy Policy. We employ end-to-end TLS 1.3 encryption, encryption at rest, row-level security, and other technical safeguards.

However, no system is 100% secure. You acknowledge that you use the Service at your own risk.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHMARSHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MARSHA'S AI RESPONSES MAY BE INACCURATE OR INCOMPLETE AND SHOULD NOT BE USED FOR MEDICAL DECISIONS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR ACTIONS AND OUTCOMES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL) ARISING FROM USE OF OR INABILITY TO USE THE SERVICE.
• OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID TO APPLE FOR YOUR WITHMARSHA SUBSCRIPTION DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain limitations; in those cases, the limits apply to the fullest extent permitted.

You agree to defend, indemnify, and hold harmless GTM Bot Inc., its officers, employees, and agents from any claims, damages, or expenses (including attorneys' fees) arising from your use of the Service, User Content, or violation of law or these Terms.

We may suspend or terminate your account or access at any time, with or without cause, notice, or liability, including for violations of these Terms or misuse of the Service.

Upon termination, all rights granted to you end immediately.

Before bringing a claim, email legal@withmarsha.app and allow 30 days for resolution.

If unresolved, any dispute will be settled by binding arbitration before the American Arbitration Association (AAA) under its Consumer Arbitration Rules in Douglas County, Nebraska, or virtually.

• No Class Actions: You and WithMarsha waive any right to class arbitration or representative proceedings.
• Opt-Out: You may opt out within 30 days of accepting these Terms by emailing legal@withmarsha.app with your account email and a statement of opt-out.
• Either party may bring individual claims in small-claims court.

These Terms are governed by the laws of the State of Nebraska, excluding its conflicts rules. Subject to the arbitration clause, the exclusive venue for any permitted court action is Douglas County, Nebraska.

Force Majeure: We aren't liable for failures due to causes beyond our reasonable control.

Severability: If any provision is invalid, the rest remain enforceable.

Assignment: You may not assign these Terms; we may.

Entire Agreement: These Terms, our Privacy Policy, and Disclaimer form the entire agreement between you and us and supersede all prior understandings.

No Waiver: Failure to enforce a term is not a waiver of it.