Terms of Service

1. Who you are agreeing with

These Terms of Service form a binding agreement between you and PLACEHOLDER LEGAL NAME INC., registered at PLACEHOLDER STREET ADDRESS, PLACEHOLDER CITY, ONTARIO, PLACEHOLDER POSTAL CODE, Canada, trading as KIRIAN ("KIRIAN", "we", "us"). They govern your access to and use of the KIRIAN website, application, and any related service.

By creating an account, accessing the service, or paying us anything, you confirm that you have read these terms, that you accept them, and that you have the legal capacity to enter this agreement. If you do not accept them, do not use the service.

These terms incorporate our Privacy Policy and our Acceptable Use Policy by reference. Together they are the entire agreement between us on this subject and replace anything said before, in marketing copy or in conversation.

2. What KIRIAN is, and what it is not

KIRIAN is an informational and educational service. It uses artificial intelligence to read a situation you describe and give you a considered opinion about it, in a persona named Kirian.

KIRIAN is not therapy, counselling, psychotherapy, medical care, mental-health treatment, legal advice, or financial advice, and it is not a substitute for any of them. No professional, fiduciary, therapeutic, doctor-patient, solicitor-client, or otherwise confidential or privileged relationship is created between you and us, or between you and Kirian, by your use of the service.

Kirian is not a licensed professional of any kind and holds no professional credential, registration, or licence. Nobody reviewing your situation on our side is acting as your clinician, your advisor, or your representative.

The service is not a crisis service, an emergency service, or a monitoring service. We do not watch your account for signs that you are in danger and we will not intervene. If you are in crisis, in danger, or thinking about harming yourself or anyone else, contact your local emergency number or a crisis line. In Canada and the United States you can call or text 988. Do not rely on this service in an emergency.

KIRIAN is not a dating service, a matchmaking service, an introduction service, or a way to meet anyone. It does not contact anyone on your behalf and it never will.

3. Age: 18 and over, or higher where required

You represent and warrant that you are at least 18 years old, or older where the age of majority in your jurisdiction is higher than 18, and that you meet that higher age.

This service has no version, mode, or surface for anyone under that age, and we do not knowingly permit access to anyone under it. Misrepresenting your age is a material breach of this agreement and we may suspend or terminate your account for it immediately and without notice or refund.

You confirm your age when you create your account. That confirmation is a live control, not a formality at signup: if anything in your use of the service indicates that you are under age, we may suspend access, require you to confirm again, or close the account.

If you believe an account has been opened by someone under age, tell us at legal@kirian.ai and we will act on it.

4. The output is generated, and it can be wrong

You are interacting with artificial intelligence. Kirian is a persona presented by a software system, not a person, and we disclose that plainly wherever the service is used.

The output is generated probabilistically. It can be inaccurate, incomplete, outdated, internally inconsistent, or simply unsuitable for your situation, and it can be all of those while sounding confident and specific. Confidence in the writing is not evidence that the content is correct.

Treat everything the service produces as one considered opinion offered for your consideration, and nothing more. It is not an instruction, a direction, a recommendation to act, or a professional assessment. Apply your own judgment to it before you do anything, and do not act on it where the stakes are serious without getting advice from someone qualified and licensed to give it.

We do not review, verify, endorse, or stand behind any particular output before it reaches you.

5. No promises about outcomes

We make no warranty, promise, representation, or guarantee about any result you might get from using this service. That includes any romantic, sexual, relational, social, personal, professional, psychological, or financial result.

Nobody can promise you that a particular person will respond to you, stay with you, return to you, want you, forgive you, or feel any particular way about you. We do not promise it, Kirian does not promise it, and any impression to the contrary from any source is wrong and is not something you may rely on.

Any example, illustration, case, or description of what other members have experienced is illustrative only. It is not typical, not predictive, and not a promise of what will happen for you.

6. Your decisions, and your responsibility for them

You are solely and entirely responsible for what you decide to do, for what you say and do to other people, and for every consequence that follows, whether or not you were influenced by anything this service produced.

You accept and assume all risk arising from your use of the service. Relationships, conversations, confrontations, approaches, and disclosures carry real risk of emotional, social, reputational, financial, and physical harm, to you and to other people. That risk is yours, and using this service does not transfer any part of it to us.

Nothing produced by this service compels you to act. There is always a step between reading something and doing it, and that step is yours. You decide whether an opinion applies to your situation, whether the person you are dealing with is who you think they are, and whether acting is wise. You accept that we cannot see your situation, cannot verify anything you tell us, and cannot know what acting will cost you.

You must comply with all laws that apply to you. Where anything in the output would be unlawful, harmful, deceptive, coercive, or wrong where you are, you must not do it, and we do not authorise you to do it. Our Acceptable Use Policy sets the outer boundary of what this service may be used for, and it binds you.

7. Acceptable use

Our Acceptable Use Policy forms part of this agreement and sets out conduct that is prohibited outright. In summary, and without limiting it, you may not use this service to coerce, pressure, manipulate, deceive, harass, threaten, stalk, surveil, intimidate, or control another person, to circumvent anyone's refusal or withdrawal of consent, to obtain or produce material involving anyone under 18, to impersonate anyone, or to do anything unlawful.

This is not decorative. Breach of the Acceptable Use Policy is a material breach of this agreement, and we may suspend or terminate your account for it immediately, without notice and without refund. Where we are required by law to report something, we will.

We may, but are not obliged to, decline any request, refuse to produce any output, or end any session where we judge the use to fall outside that policy.

8. Your account

You are responsible for your account credentials and for everything done through your account. Keep your password to yourself, use one you do not use elsewhere, and tell us promptly if you believe someone else has access.

One account per person. Do not share it, sell it, transfer it, or let anyone else use it. You must give us accurate registration information and keep it current.

We may suspend or terminate your account where you breach this agreement, where we are required to by law, or where continuing to serve you would expose us or anyone else to material risk. Where we can do so lawfully and safely, we will tell you why, and you will be able to export your data as set out in section 14.

9. Membership, billing and cancellation

Paid membership is a recurring subscription. Current prices are shown at the point of purchase, in Canadian dollars unless stated otherwise, and taxes are added where they apply.

By subscribing you authorise us and our payment processor to charge your payment method the stated amount, on the stated cycle, until you cancel. The renewal terms, the amount, and the billing period are disclosed to you before you are charged, and your subscription renews automatically at the end of each period until cancelled.

You can cancel at any time from your settings, in the same number of steps it took to subscribe, without contacting anyone and without answering a survey. Cancellation takes effect at the end of the period you have already paid for. You keep access until then.

Except where the law gives you a right to a refund, or where we say otherwise at the point of sale, payments are not refundable and we do not pro-rate a partial period. Where a statutory cooling-off or withdrawal right applies to you, it applies regardless of anything in this section.

We may change prices. Any change takes effect at your next renewal after we have given you notice, and you may cancel before it takes effect rather than accept it.

Card details are held by our payment processor, not by us. We never receive or store your full card number.

10. What you give us, and what belongs to whom

What you write, upload, and share stays yours. You keep ownership of it.

You grant us a limited, non-exclusive, worldwide licence, granted at no charge, to host, store, process, transmit, and display that content for one purpose: operating the service for you. That licence lasts as long as we hold the content and ends when you delete it. Where you have separately and explicitly consented, we may also use de-identified content to improve the service. That consent is optional, it is not a condition of using the service, and you can withdraw it at any time from your settings.

Third parties are the sharp edge here, and we treat it that way. When you paste a message, share a screenshot, or describe someone else, that person has not agreed to these terms and has given us nothing. We claim no rights over their content or their information. We do not build a profile of them, we do not retain their content beyond what is needed to answer you in the moment, and we never harvest it.

You are responsible for what you share about other people. You confirm you have the right to share it and that doing so does not breach anyone's privacy, confidence, or legal rights. Do not upload another person's intimate images, identity documents, financial records, medical information, or anything you obtained without their knowledge.

The service itself, including the KIRIAN name, the Kirian persona, the interface, and the underlying software, belongs to us and is protected by intellectual property law. You get a personal, non-transferable, revocable right to use it, and nothing more. You may not copy it, resell it, reverse engineer it, scrape it, use it to train a competing model, or use it to build a competing service.

11. Service availability

The service is provided on an as-is and as-available basis. We do not promise it will be uninterrupted, timely, secure, or without error, and we do not promise any particular level of availability.

We may change, suspend, limit, or discontinue any part of the service. Where a change is material and within our control, we will give you reasonable notice, and where we discontinue a paid service you have already paid for, we will refund the unused portion of your current period.

12. Disclaimer of warranties

To the fullest extent permitted by law, the service is provided without warranty of any kind, whether express, implied, statutory, or arising from a course of dealing or usage of trade.

We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment. We do not warrant that the service will meet your needs, that any output will be accurate or suitable, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, this section applies to you only to the extent the law permits, and nothing here removes a statutory guarantee or condition that cannot be excluded.

13. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, opportunity, relationship, or anticipated saving, however caused and on any theory of liability, even if we were told such damages were possible.

To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to this agreement or the service is limited to the greater of the total amount you actually paid us in the twelve months immediately before the event giving rise to the claim, or one hundred Canadian dollars.

We are not liable for what you do, for what anyone else does to you, or for what happens in your relationships, whether or not this service was involved. We are not liable for any decision you make, or for any consequence of an act or omission of yours or of any third party.

Nothing in this agreement excludes or limits our liability for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence, for gross negligence or wilful misconduct, or for anything else that cannot be excluded or limited under the law that applies to you. Some jurisdictions do not allow certain limitations, and where that is so, the limitations above apply only to the extent permitted and the rest of this section continues to apply.

These limits are a fundamental basis of the bargain between us and reflect a deliberate allocation of risk. Without them we could not offer the service at this price.

14. Indemnity

You agree to indemnify and hold harmless KIRIAN, its officers, directors, employees, and contractors from any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or connected to your use of the service, your breach of this agreement or the Acceptable Use Policy, your violation of any law, or your infringement of anyone's rights.

This includes any claim brought by another person about what you said or did to them, and any claim about information you shared with us about them.

Nothing in this section requires you to indemnify us against our own fraud, gross negligence, or wilful misconduct, or against anything an applicable consumer-protection law prevents us from shifting to you.

15. Your data and your rights over it

How we handle your information is set out in our Privacy Policy, which forms part of this agreement.

In summary: you can see what we hold, correct it, export it in a portable format, and delete it, at any time, from your settings. Those controls remain available after you cancel a paid membership. We do not sell your personal information, and we never use anything derived from what you tell us here for advertising.

Nothing in this agreement waives, limits, or transfers any right you have under privacy or data-protection law, and nothing in it moves our legal obligations as the controller of your information onto you. Those obligations are ours and stay ours.

16. Legal process

If we receive a subpoena, warrant, court order, or other legal demand for your information, we will require it to be valid and properly served, and we will narrow or resist a demand we consider overbroad or improper.

Where we are lawfully able to tell you about a demand before we respond to it, we will, so that you have the chance to object. Where a court or a statute forbids us from telling you, we will tell you as soon as that restriction lifts.

17. Resolving a dispute

Talk to us first. Most problems are resolved faster by writing to legal@kirian.ai than by filing anything, and we ask you to give us thirty days to sort it out before starting a formal proceeding.

This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to the paragraph below, you and we submit to the exclusive jurisdiction of the courts of the Province of Ontario.

The following paragraph applies only to residents of the United States. If you are a resident of the United States, you and we agree that any dispute that is not resolved informally will be settled by binding individual arbitration rather than in court, and that each of us waives the right to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by writing to legal@kirian.ai within thirty days of first accepting these terms, and opting out will not affect anything else in this agreement. Either of us may still bring an individual claim in small-claims court, and either of us may seek injunctive relief in court to protect intellectual property or to stop misuse of the service. Where many similar arbitrations are filed against us at once, the parties will co-operate on a batching protocol so that the cases are heard efficiently.

The arbitration and class-waiver paragraph above does not apply to consumers resident in Canada, and we do not seek to enforce it against them. Consumer-protection legislation in Ontario and in other provinces gives consumers the right to bring an action in court and to participate in a class proceeding, and nothing in this agreement removes that right. Where any part of that paragraph is unenforceable against you, it is severed and the remainder of this agreement continues to apply.

Nothing in this section removes any right you have to complain to a regulator or a data-protection authority.

18. Changes to these terms

We may update these terms. Where a change is material, we will give you notice in the product before it takes effect and ask you to accept the new version. Continuing to use the service after a change takes effect means you accept it.

Every version carries a version number and an effective date, shown at the top of this document. The version you accepted, and the date you accepted it, are recorded in your settings.

If you do not accept a new version, you may stop using the service and cancel, and you will still be able to export and delete your data.

19. International use

The service is operated from Canada. We make no representation that it is appropriate, lawful, or available in any particular place, and you may not use it anywhere its use would be unlawful.

If you use the service from outside Canada, you do so on your own initiative and you are responsible for compliance with the laws that apply where you are, including any age of majority higher than 18.

Where the consumer-protection or privacy law of your jurisdiction gives you a right this agreement does not mention, or gives you more than this agreement gives you, that law prevails for you to the extent it applies. Nothing in this agreement takes away a statutory right that cannot be waived.

Prices are stated in Canadian dollars unless shown otherwise at the point of purchase. Your bank or card issuer may apply its own exchange rate and fees, and those are between you and it.

20. General

If any provision of this agreement is held unenforceable, it is severed or limited to the minimum extent necessary and the rest continues in force.

Our failure to enforce any provision is not a waiver of it.

You may not assign or transfer this agreement. We may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

Neither party is liable for a failure to perform caused by something outside its reasonable control.

Sections that by their nature should survive termination do survive it, including sections 5, 6, 10, 12, 13, 14, 16 and 17.

Questions about these terms go to legal@kirian.ai.