Terms of Service

These Terms and Conditions (“Terms”) govern access to and use of the Tualai Companion digital platform (“Tualai” or the “Platform”) including its mobile applications, web interfaces, and related services (collectively, the “Platform”).

By registering, accessing, or using the Platform, users acknowledge that they have read, understood, and agree to be bound by these Terms. If the users do not agree with these Terms, they must discontinue use of the Platform immediately.

These “Terms of Service” incorporate by reference any additional terms and conditions posted by Tualai through the Services or otherwise made available to you by Tualai. In the event of a conflict between these “Terms of Service” and any additional terms, these “Terms of Service” shall prevail unless expressly stated otherwise.

“Services” refer to any software or services provided by Tualai in any medium or format, including but not limited to the Tualai App and any affiliated platforms or features. Tualai provides access to the Services subject to your compliance with these Terms.

These “Terms of Service” constitute a binding agreement ("Agreement") between you and Tualai that governs your relationship with Tualai regarding your use of and access to the Services. It is important that you read and understand these Terms carefully.

BY USING TUALAI SOFTWARE AND SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

Overview of the Platform

AI-assisted wellness support platform that operates alongside licensed therapy services. The platform processes session-related content, including session transcripts, and AI-generated clinical summaries, and uses this content to personalise between-session support for patients and to provide structured insights to therapists. This data is classified as health data under UAE Federal Law No. 2 of 2019.

The Platform does not replace licensed therapeutic services but functions as a supplemental tool to enhance engagement, reflection, and structured support outside scheduled sessions.

Tualai operates through two integrated components: (i) a User AI Wellness Companion accessible to Users on a 24/7 basis, and (ii) a Service Provider Dashboard providing User approved data summaries, session insights, and structured analytics to Service Providers.

1. Description of Services

The Platform provides a technology-based infrastructure designed to support continuity of care between scheduled sessions. Through artificial intelligence-powered tools, the Platform facilitates User self-discovery, access to notes and insights as well as Users approved structured engagement between licensed Service Providers and themselves outside of live sessions.

The Platform includes an AI-assisted companion interface accessible to Users, which enables reflection on prior sessions, journaling, access to Service Providers-aligned and approved exercises, and engagement with structured prompts intended to reinforce concepts, skills, and techniques previously introduced during sessions.

For Service Providers, the Platform allows the configuration of professional profiles and insights through User approved data.

Where legally permitted, and subject to explicit, informed, and documented consent, the Platform may process session-related data, including transcripts. Such processing may include the extraction of themes, identification of techniques used, emotional pattern indicators, and the generation of structured summaries intended to assist with session preparation and continuity.

The Platform further provides a Service Provider-facing dashboard that aggregates relevant and approved User interaction data occurring between sessions. This may include emotional trend visualizations, thematic summaries, spotting patterns, and other analytical insights designed to support Service Providers in preparing for subsequent sessions.

Artificial intelligence technologies are used to generate summaries, identify patterns, detect recurring stressors, and provide structured reflective prompts. These features are intended solely to support non-diagnostic informational engagement and continuity of care.

All services provided by the Platform are non-diagnostic, non-emergency, and supportive in nature. The Platform does not replace licensed therapeutic services, nor provide independent clinical judgment, or deliver crisis intervention services.

2. Service Provider Onboarding and Configuration

Upon onboarding, Service Providers may create a professional profile and configure their counselling style within the Platform. This process may include:

Uploading supporting materials such as worksheets, breathing techniques, frameworks, or other tools;
Reviewing AI-generated summaries of their stated counselling style for validation and confirmation.

The purpose of this onboarding process is to enable the AI system to align its User-facing support with the Service Provider’s methodologies and professional orientation.

Service Providers remain fully responsible for verifying the accuracy of any AI-generated summaries or extracted insights prior to relying on them in clinical practice.

3. Therapy Session Transcript and Analysis (If Enabled)

Subject to explicit, separate, written informed consent obtained through a standalone consent process administered by the treating Service Provider before any transcription occurs, therapy sessions may be transcribed and processed by the Platform. Acceptance of these Terms does not constitute consent to session transcription..

In such cases, the Platform may:

Extract themes, tools, and intervention methods used during sessions;
Generate structured summaries;
Spot patterns

All session transcriptions functionality requires documented consent and remains subject to applicable data protection and confidentiality laws.

We do not permit offshore access to Health Information Assets (HIA) from outside the United Arab Emirates (UAE). All such data is stored and processed within the UAE. Anonymized data, from which all personal and health identifiers have been removed such that individuals can no longer be identified, may be processed outside the UAE through approved AI models (e.g., Azure Foundry LLM models), in compliance with all applicable UAE laws and DHA data protection regulations

We implement appropriate technical and organizational safeguards to ensure that User data remains protected and compliant with UAE regulatory requirements at all times.

The Platform does not provide independent clinical judgment and does not modify, override, or replace Service Provider decision-making.

4. Between-Session User AI Companion

Following Service Providers activation, Users may gain access to the User AI Companion, which provides structured support between sessions.

The Companion may allow Users to:

Reflect on sessions;
Journal experiences;
Seek reminders of concepts, skills, and tools previously discussed;
Interact with guided exercises aligned with the users practiced approaches with their Service Providers ;
Identify patterns in emotions, behaviors, thoughts

The AI Companion is designed to reinforce previously introduced concepts, skills, techniques, . It does not diagnose conditions, prescribe treatment, provide emergency intervention, or replace professional care.

The Platform is not an emergency service. Users experiencing crisis situations must contact local emergency services or appropriate crisis hotlines.

5. Service Providers Dashboard and Wellness Insights

The Service Providers Dashboard provides them with structured summaries of User interactions occurring between sessions. This may include:

Identifyingpatterns;
Frequency and timing of emerged patterns;
Extracted recurring themes and patterns;
Session preparation summaries;

The Dashboard is designed to allow Service Providers to review key Users approved data within a short timeframe prior to sessions. However, Service Providers retain full discretion regarding how such information is interpreted and incorporated into clinical care.

The Platform does not guarantee completeness, accuracy, or real-time monitoring of User activity.

6. Data Processing and Use

The Platform processes User-provided content, session transcriptions (if enabled), journaling entries, and interaction logs for the purpose of:

Generating summaries;
Extracting insights;
Providing structured reflections;
Improving continuity of care .

All data processing is subject to applicable data protection regulations and to separate Privacy Policy provisions governing storage, security, retention, and access.

7. Nature of AI Assistance

Tualai utilizes artificial intelligence systems to generate , summaries, pattern recognition, and responce outputs. AI-generated outputs are probabilistic and may contain inaccuracies.

The Platform does not:

Provide diagnoses;
Replace licensed professional therapy;
Guarantee therapeutic outcomes;
Provide real-time crisis intervention;
Replace emergency services.

All clinical responsibility remains exclusively with the licensed Service Providers. Service Providers must independently verify all AI-generated summaries, clinical notes, pattern recognition outputs, and pre-session briefs before relying on them in clinical practice. AI outputs must not be treated as a substitute for clinical judgment, used as the sole basis for any clinical decision, or shared with third parties without independent verification and patient informed written consent. Tualai and/or its associates accepts no liability for clinical outcomes.

8. Limitation of Purpose

Tualai is intended as anaugmentation tool to enhance engagement and continuity between scheduled sessions.

It is not intended for standalone mental health care.

Use of the Platform constitutes acknowledgment that it serves as a support tool and not a primary provider of psychological services.

9. Medical Disclaimer

The Platform is a technology-based support tool intended to augment licensed services. The Platform does not provide medical, psychiatric, psychological, or clinical treatment, diagnosis, or advice.

All therapeutic services are provided exclusively by licensed professionals. Users should not rely on the Platform as a substitute for professional medical or mental health care.

10. No Emergency Services

The Platform does not provide emergency or crisis intervention services and is not monitored in real time.

If you are experiencing a medical or psychological emergency, including thoughts of self-harm or harm to others, you must immediately contact local emergency services or an appropriate crisis hotline in your country.

The Platform is not designed or intended to be used in, and must not be used for, emergency or crisis situations. If you are experiencing a mental health emergency, contact your local emergency services immediately. Tualai does not monitor Platform activity in real time and cannot guarantee response to any communication sent through the Platform in an emergency context.

11. No Counsellor –User Relationship Created by Platform

Use of the Platform alone does not create a Counsellor-User relationship between the User and the Platform, its operators, or its affiliates.

Any Counselling relationship exists solely between the User and the licensed Service Provider providing care independently of the Platform.

The Platform acts only as a technology intermediary facilitating digital support tools.

12. AI Limitation and No Guarantee of Outcomes

The Platform utilizes artificial intelligence systems to generate summaries, prompts, , and analytical outputs. AI-generated content is probabilistic in nature and may contain inaccuracies or incomplete information.

The Platform does not guarantee counselling results, improvements in wellbeing, or the accuracy of AI-generated information

All clinical decisions and interpretations remain the sole responsibility of the licensed Service Provider.

13. Consent Requirements for Transcription

Any session transcription, or processing of therapy-related content shall occur only where legally permitted and subject to explicit, informed, and documented consent from all relevant parties.

Users acknowledge that they are responsible for ensuring compliance with applicable laws governing transcription, confidentiality, and data protection in their jurisdiction.

The Platform shall not process session transcripts without required consent.

Consent for session transcriptions is obtained through a separate, standalone informed consent process administered by the treating Service Provider before any transcription occurs. This consent is distinct from acceptance of these Terms. The standalone consent document covers: the scope of transcription, the purpose of each use, the retention period (minimum 25 years under UAE Federal Law No. 2 of 2019), the identity of all parties who may access the transcription, and the patient's right to withdraw. Tualai maintains a record of all executed consent documents linked to the relevant patient account.

14. License to Use the Platform

Tualai Companion (“Tualai” or the “Platform”) grants Users a limited, exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform strictly in accordance with these Terms of Service.

The license is granted solely for the purposes permitted under the applicable subscription plan and may not be expanded beyond those rights without prior written consent from Tualai.

a. Personal (Non-Commercial) Use

The Platform is licensed for use in accordance with the user type and subscription plan: (a) Service Providers (therapists and clinics) are granted a limited commercial licence to access and use the Platform for the purpose of providing care to their patients; (b) Patients (Users) are granted a limited personal, non-commercial licence to access and use the Platform for their own personal wellness support. Each licence is non-exclusive, non-transferable, non-sublicensable, and revocable.

b. Restrictions

Users may not:

Copy, modify, distribute, sell, lease, sublicense, or commercially exploit any portion of the Platform or its software;
Reverse engineer, decompile, disassemble, or attempt to extract source code, except where prohibited by applicable law;
Share account access with unauthorized third parties;
Use the Platform in violation of applicable laws or professional regulations;
Use the Platform in a manner inconsistent with these Terms.

c. Reservation of Rights

All rights not expressly granted under these Terms are reserved by Tualai. Unauthorized use may result in suspension or termination of access and may give rise to legal action.

15. Acceptable and Prohibited Uses

You agree to use Tualai and its Services solely for lawful and authorized purposes and in full compliance with all applicable laws, regulations, and platform policies.

You are prohibited from using the Services to engage in any illegal, fraudulent, deceptive, or harmful activities, or in any manner that may infringe upon the rights, safety, or well-being of others.

Specifically, you agree not to:

Harass, threaten, abuse, or harm any individual or entity;
Infringe upon the intellectual property, privacy, confidentiality, or other rights of others;
Upload, transmit, or distribute viruses, malware, or any harmful or disruptive code;
Scrape, crawl, extract, or collect data from the Services without Tualai’s prior written permission;
Interfere with, disrupt, compromise, or attempt to gain unauthorized access to the functionality, security, or integrity of the Services.

Tualai reserves the right to investigate any suspected violations of these Terms and to take appropriate action, including suspension or termination of access to the Services. Where required, we may report unlawful activity to the relevant authorities or platforms as required.

16. User Account Management

By creating an account with Tualai, you agree to provide accurate, current, and complete information during the registration process and to update this information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Tualai immediately if you suspect any unauthorized access to or use of your account.

17. Account Creation

To use certain features of Tualai, you may be required to create an account. You must be of legal age to enter into a binding agreement and, if required, have the permission of a parent or guardian to use the App. By creating an account, you represent and warrant that all information provided is accurate and up to date.

18. Account Maintenance

You are responsible for maintaining the security and confidentiality of your account. You agree to take all reasonable steps to prevent unauthorized access to your account and will notify Tualai immediately if you suspect or become aware of any unauthorized access or activity. Tualai is not responsible for any loss or damage that may occur as a result of unauthorized use of your account.

19. Account Suspension or Termination

Tualai reserves the right, at its sole discretion, to suspend or terminate your account and the access to the App and Services at any time and without prior notice if you violate these “Terms of Service”, engage in illegal activities, otherwise misuse the App in any manner or engage in any prohibited conduct. Upon suspension or termination, you may lose access to any content, data, or services linked to the account, and Tualai is not responsible for any loss or damage that may result from the suspension or termination.

20. Account Deletion

You have the right to request deletion of your account and associated personal data at any time. To request account deletion, please follow these steps:

Upon receiving your request, we will:

Verify your identity to ensure account security,
Begin the deletion process within a reasonable timeframe without undue delay and in accordance with the applicable laws,
Delete your account data (including registration details, usage preferences, and support history) within 30 days of your verified request. Clinical health records, including session transcripts, AI-generated clinical notes, mood data, emotional timelines, and AI companion conversation logs, are subject to a minimum 25-year retention obligation under UAE Federal Law No. 2 of 2019. Deletion requests for clinical records cannot be actioned until that retention period has expired. Your treating clinic retains responsibility for ensuring clinical records are maintained in accordance with applicable UAE health regulations.
Some data may be retained as required by law or where retention is required to comply with Legal obligations, resolve disputes, enforce agreements, or protect against fraud or abuse.
Deleting your account is irreversible and will result in the loss of all insights, history, and saved preferences.

21. Compliance with Store Policies

In compliance with Apple App Store and Google Play Store policies, Tualai may temporarily or permanently suspend access to your account if your actions violate any store guidelines, including but not limited to fraud, abuse, or failure to comply with platform requirements.

22. User Obligations

You are responsible for ensuring that your account is kept secure and for any activity that occurs under your account. You agree to use the App in a lawful and respectful manner and to comply with all relevant laws and guidelines set forth by Tualai and the applicable App stores.

23. Ownership and Intellectual Property Rights

Tualai retains all rights, title, and interest in and to the Tualai App, its content, software, trademarks, logos, and all associated intellectual property, including any updates, modifications, or enhancements. Except for the limited license to use the Services granted to you in accordance with these Terms, you do not acquire any ownership rights or licenses to any of the Company's intellectual property.

You agree not to copy, modify, distribute, sell, lease, or otherwise exploit any part of the Tualai App or its content without the express written permission of Tualai.

You grant us a licence to use, store, and process your data for the purposes of: (a) operating the Platform and delivering the services described in these Terms; (b) generating summaries, insights, and analytical outputs for your treating Service Provider; and (c) maintaining, securing, and debugging the Platform infrastructure. This licence does not extend to training, fine-tuning, or improving artificial intelligence models. Data may only be used for AI model improvement with your separate, explicit, prior consent, as described in the Privacy Policy.

24. Liability Limitations and Disclaimers

To the fullest extent permitted by applicable law, Tualai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Platform. Notwithstanding the foregoing, nothing in these Terms excludes or limits Tualai's liability for: (a) unauthorized disclosure or misuse of health data in breach of UAE Federal Law No. 2 of 2019 or Federal Decree-Law No. 34/2021 on Cybercrime; (b) failure to implement the security and data protection measures expressly committed to in these Terms or the Privacy Policy; (c) any liability that cannot lawfully be excluded or limited under applicable UAE law; or (d) any act or omission constituting gross negligence or wilful misconduct. The liability cap set out below does not apply to claims arising from categories (a) through (d).

You acknowledge that Tualai services are provided "as is" and "as available," and that Tualai makes no representations or warranties regarding the reliability, availability, or accuracy of the App or its content. Tualai expressly disclaims any liability for errors, omissions, or inaccuracies in the App, and does not guarantee uninterrupted access or the absence of any defects or security risks.

AI-Generated Content – Tualai provides content generated by artificial intelligence, which may at times be inaccurate, biased, harmful or inappropriate. Users are solely responsible for verifying the information and exercising independent judgment.

We disclaim all liability for actions taken based on AI-generated content. The App does not offer legal, medical, or other professional advice, and should not be used as a substitute for consultation with qualified professionals.

In no event shall Tualai's total liability to you for all claims arising out of or related to the use of the App exceed the amount you have paid, if any, for accessing the Services in the twelve (12) months preceding the event giving rise to the claim.

25. Use of Third-Party Tools and Services

To operate, maintain, and improve the Platform, Tualai Companion may engage selected technology service providers, including providers of:

Secure cloud hosting and infrastructure services;
Data analytics tools for platform performance and functionality improvement;
Artificial intelligence technologies supporting core features such as summaries, insights, and structured outputs.

Such providers process data strictly on our documented instructions and solely for the purpose of delivering services to Tualai.

All service providers are contractually bound to implement appropriate technical and organizational safeguards to protect data confidentiality, integrity, and security in accordance with applicable UAE data protection laws and our Privacy Policy.

Tualai does not permit service providers to use personal data for their own marketing, profiling, or independent purposes.

We remain responsible for the protection and lawful processing of user data within the scope of the Platform.

We take reasonable steps to ensure that all third-party services we integrate maintain industry-standard security practices and data privacy safeguards.

These services are governed by the terms and policies of the respective third-party providers, and we encourage users to review those policies where applicable.

26. Children’s Privacy and Parental Responsibility

Tualai is intended for use by adults and licensed professionals only. The Platform does not knowingly collect personal data directly from children without legally required parental or guardian consent.

If we become aware that personal data relating to a child has been submitted without appropriate consent, we will take reasonable steps to delete such data.

The Platform does not use children’s data for marketing, profiling, or behavioral advertising purposes.

27. Dispute Resolution and Governing Law

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United Arab Emirates (UAE).

Dispute Resolution

Any disputes arising out of or relating to these Terms of Service or your use of the Tualai App will first be resolved through good-faith negotiations. If unresolved within 30 days, the dispute shall be referred to and finally settled by arbitration under the rules of Dubai International Arbitration Center (DIAC) with a sole arbitrator. The arbitration shall take place in Dubai, UAE and be conducted in English language. The arbitration process and decision shall be confidential and the arbitral award shall be final and binding on both parties.

Court Jurisdiction

Nothing in this clause shall prevent either party from seeking interim or urgent relief before the courts of Dubai, United Arab Emirates, and such courts shall have exclusive jurisdiction for such matters, and you consent to the jurisdiction of such courts.

28. Indemnification

You agree to indemnify, defend, and hold harmless Tualai from any claims, liabilities, damages, losses, and expenses arising out of:

Your use or misuse of the Services.
Your violation of these Terms.
Your violation of any rights of another user or third party.

29. Force Majeure

We shall not be held liable for any delay or failure in performance of the Platform or its services due to events, circumstances, or causes beyond our reasonable control. Such events include, but are not limited to:

Acts of God (e.g., natural disasters, earthquakes, floods, wildfires)
Government actions or regulations
War, terrorism, civil unrest, or sabotage
Epidemics, pandemics, or public health emergencies
Failure of telecommunications, internet service providers, or cloud hosting providers
Power outages
Labor disputes or strikes
Acts or omissions of third parties not under our control
Widespread cyberattacks, cloud service or internet infrastructure outages, data breaches, or global IT infrastructure failures

During such Force Majeure events, our obligations under these Terms shall be suspended for the duration of the event. We will make reasonable efforts to resume services as soon as practicable.

You acknowledge and agree that the insights and recommendations provided by the Platform are informational in nature, and during Force Majeure events, their accuracy, availability, or timeliness may be impacted.

30. Beta and Experimental Features

Tualai may occasionally offer access to beta or experimental features. These features are made available for testing and feedback purposes only and may not be fully functional or reliable. They are not intended for production use and may change or be removed without notice. Please note that these features are experimental and may not always work as expected, so we recommend using them with care. Tualai will not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Tualai App or services.

31. Changes to Terms

Tualai reserves the right to modify or update these “Terms of Service” at any time. Any changes will be posted within the Platform or on our website, and users will be notified via email, app notification. Continued use of the Services after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review the Terms regularly to stay informed of any changes.

If changes are material, we will provide at least 30 days' notice and request your consent where legally required. For any changes that affect how health data is collected, used, shared, or retained, we will notify you in advance by email and within the Platform. We will seek your explicit written consent before such changes take effect. Continued use of the Platform after the notice period constitutes acceptance of changes to non-health-data-related terms only. Changes to health data processing terms are not effective until explicit consent has been obtained.

32. Contact Information

info@tualai.com Email for data protection queries: privacy@tualai.com | Email for general inquiries: info@tualai.com | Regulatory complaints: direct to DHA (Dubai), DoH (Abu Dhabi), or MOHAP (Northern Emirates) depending on where your treating clinic is licensed.

Our customer support team is available to assist with any questions you may have.

TERMS OF SERVICE AGREEMENT

Terms of Service for Tualai Companion