⚠️ IMPORTANT: Instatherapy is NOT a licensed mental health service, therapy provider, or medical service of any kind. By using this platform, you acknowledge and agree to this. Please read these terms fully before using our service.
01
Acceptance of Terms
By accessing or using Instatherapy ("the Service," "we," "us," or "our"), including our website at instatherapyco.com and any associated applications or features, you ("User," "you") agree to be bound by these Terms of Service ("Terms") in their entirety.
If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes your acceptance of the revised Terms.
These Terms constitute a legally binding agreement between you and Instatherapy. By clicking "I Agree," starting a session, or making a payment, you confirm that you have read, understood, and agree to these Terms.
02
Nature of Service — Not Therapy
Instatherapy is an AI-powered emotional support and wellness companion service. It is NOT therapy, counseling, psychiatry, psychology, or any form of licensed mental health treatment.
Specifically, you acknowledge and agree that:
- Mariana is an artificial intelligence companion, not a human being, licensed therapist, counselor, psychologist, psychiatrist, social worker, or any other licensed mental health professional.
- Conversations with Mariana do not constitute a therapeutic relationship, clinical relationship, or any professional relationship of any kind.
- No diagnosis, treatment plan, prescription, or clinical advice will be provided through this Service.
- Instatherapy is not a substitute for professional mental health care, medical advice, or crisis intervention services.
- The name "Instatherapy" is a brand name only and does not imply, represent, or guarantee the provision of licensed therapy services of any kind.
- You should consult a licensed mental health professional for any mental health concerns, diagnoses, or treatment.
By using this Service, you expressly acknowledge that you understand Instatherapy is an emotional wellness companion tool and not a licensed mental health service.
03
Not a Crisis Service
Instatherapy is NOT a crisis service and is NOT equipped to handle mental health emergencies. If you are experiencing a mental health crisis, thoughts of suicide or self-harm, or any emergency situation, please contact emergency services immediately.
If you are in crisis or danger, please contact:
- 988 Suicide & Crisis Lifeline: Call or text 988 (US)
- Emergency Services: Call 911 (US) or your local emergency number
- Crisis Text Line: Text HOME to 741741
- International Association for Suicide Prevention: https://www.iasp.info/resources/Crisis_Centres/
Instatherapy expressly disclaims any responsibility for outcomes related to mental health crises, emergencies, or situations requiring immediate professional intervention. By using this Service, you agree not to use it as a substitute for emergency or crisis services.
04
Eligibility
You must be at least 18 years of age to use this Service. By using Instatherapy, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into a binding agreement.
- You are not prohibited from using the Service under applicable law.
- All information you provide is accurate and truthful.
Instatherapy reserves the right to terminate accounts of users who misrepresent their age or eligibility.
05
User Responsibilities
By using Instatherapy, you agree to:
- Use the Service only for lawful, personal, non-commercial purposes.
- Not attempt to manipulate, jailbreak, or misuse the AI companion in harmful or illegal ways.
- Not share your account credentials with others.
- Not use the Service to harm yourself or others.
- Seek professional help when needed and not rely solely on Instatherapy for mental health support.
- Not reproduce, distribute, or commercialize any content generated by the Service without written permission.
- Not use the Service if you are in a mental health crisis — call 988 or 911 instead.
Instatherapy reserves the right to suspend or terminate your account for violation of these responsibilities without refund.
06
Subscription & Payments
Instatherapy offers paid subscription plans including monthly and annual billing options. By subscribing, you agree to the following:
- Subscription fees are charged at the beginning of each billing cycle (monthly or annually).
- Annual plans are billed as a single one-time payment for the full year.
- All payments are processed securely through Stripe. Instatherapy does not store your payment information.
- Prices are listed in US dollars and are subject to change with 30 days notice.
- You authorize Instatherapy to charge your payment method on a recurring basis until you cancel.
- Failed payments may result in immediate suspension of your account.
- Taxes may apply depending on your location and are your responsibility.
07
Refund Policy
Due to the digital nature of this Service:
- Monthly subscriptions: No refunds are issued for partial months. You retain access through the end of your billing period after cancellation.
- Annual subscriptions: Refunds may be considered within 7 days of initial purchase if the Service has not been used substantially. Refund requests must be submitted to [email protected].
- No refunds will be issued after 7 days or for accounts terminated due to Terms of Service violations.
- Instatherapy reserves the right to offer refunds at its sole discretion in exceptional circumstances.
08
Cancellation Policy
You may cancel your subscription at any time. Upon cancellation:
- You will retain access to the Service through the end of your current billing period.
- You will not be charged for subsequent billing periods.
- Your account data may be retained for up to 90 days after cancellation before deletion.
- To cancel, contact us at [email protected] or use the cancellation option in your account settings.
Instatherapy also offers a subscription pause option. Pausing suspends billing for up to 30 days. You may request a pause by contacting us directly.
09
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Instatherapy expressly disclaims all warranties including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Any warranty that the Service will be uninterrupted, error-free, or free of viruses or harmful components.
- Any warranty regarding the accuracy, reliability, or completeness of any content generated by the AI companion.
- Any warranty that the Service will meet your emotional, psychological, or mental health needs.
You use the Service at your own risk. Instatherapy does not guarantee any specific outcome, improvement, or result from using the Service.
10
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTATHERAPY AND ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, data, use, goodwill, or other intangible losses.
- Damages arising from your use of or inability to use the Service.
- Damages arising from any mental health outcomes, decisions made, or actions taken based on conversations with the AI companion.
- Damages arising from your failure to seek professional help when needed.
- Damages arising from unauthorized access to or alteration of your data.
In no event shall Instatherapy's total liability to you for all claims exceed the amount you paid to Instatherapy in the 12 months preceding the claim.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, liability is limited to the greatest extent permitted by law.
11
Indemnification
You agree to defend, indemnify, and hold harmless Instatherapy and its owners, operators, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any third-party rights.
- Any harm you cause to yourself or others in connection with the Service.
12
Intellectual Property
All content, branding, design, code, and materials associated with Instatherapy — including but not limited to the name "Instatherapy," the "Mariana" companion persona, and all website content — are the intellectual property of Instatherapy and are protected by applicable copyright, trademark, and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from this Service without prior written permission.
13
Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
Please be aware that conversations with the AI companion may be processed by third-party AI providers (including ElevenLabs) subject to their own privacy policies. Do not share sensitive personal information such as Social Security numbers, financial account details, or passwords in your conversations.
14
Changes to Terms
Instatherapy reserves the right to modify these Terms at any time. When changes are made, we will update the "Last Updated" date at the top of this page. For material changes, we will notify you via email or a prominent notice on our website.
Your continued use of the Service after changes are posted constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.
15
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Instatherapy operates, without regard to conflict of law principles.
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Instatherapy.
16
Contact
If you have any questions about these Terms of Service, please contact us:
We will respond to inquiries within 5 business days.
