1. Acceptance & Use of the Service
By accessing or using MiAngel ("the Service"), you agree to be bound by these Terms of Service. MiAngel is a digital wellness platform powered by Guardian Middleware AI™, designed for informational, educational, and emotional wellness purposes only. The AI companion within MiAngel is branded as "DeBrah" (also referred to as "AI Companion™" throughout these Terms). All references to "the Service," "MiAngel," or "AI Companion" in these Terms apply equally to DeBrah and any future branded AI personas offered through the platform. The Service is NOT a medical device, does not provide medical diagnoses or treatment, and is not intended to replace professional mental health services. You must be 18 years or older to use the Service independently. Users aged 13-17 require verifiable parental or legal guardian consent. Users under 13 are prohibited from using the Service. By using MiAngel, you agree to comply with these Terms and all applicable federal, state, and local laws.
2. Medical Disclaimer & Crisis Resources
MiAngel and DeBrah (our AI companion) are NOT substitutes for professional medical advice, diagnosis, or treatment. Neither MiAngel, Inc. nor DeBrah are licensed therapists, counselors, psychologists, psychiatrists, or medical providers. DeBrah is an AI-powered wellness companion — not a human, not a clinician, and not a crisis counselor. Always seek the advice of qualified health professionals with any questions regarding a medical or mental health condition. NEVER disregard professional medical advice or delay seeking it because of something you read or experienced on MiAngel or in conversations with DeBrah. If you are experiencing a mental health crisis, suicidal thoughts, or medical emergency, immediately: (1) Call 911 or your local emergency services, (2) Contact the National Suicide Prevention Lifeline: 988, (3) Text HELLO to 741741 for the Crisis Text Line, (4) Go to your nearest emergency room. MiAngel Safety Net Emergency Contact Notification: MiAngel offers an OPTIONAL emergency contact notification feature that proactively monitors for signs of severe distress (self-harm language, declining mental health patterns, physiological anomalies, concerning absence). If you opt-in and provide an emergency contact, we may notify them BEFORE a crisis escalates. IMPORTANT: This notification may take minutes to hours and is NOT a replacement for immediate emergency services. This feature requires your explicit consent and can be disabled at any time in your profile settings. MiAngel predictive analytics (panic attack forecasting, depressive episode prediction) are for informational purposes only and should not be relied upon as medical predictions.
3. User Responsibilities & Acceptable Use
Provide accurate information: You must provide truthful age, contact information, and health data. Misrepresenting yourself violates these Terms.
Secure your account: You are responsible for maintaining the confidentiality of your login credentials and account security.
Lawful use only: Use the Service in accordance with all applicable federal, state, local, and international laws and regulations.
No harmful content: Do not share, submit, or transmit harmful, threatening, harassing, defamatory, obscene, or illegal content.
No impersonation: Do not impersonate others, misrepresent your identity, or misuse MiAngel in any misleading way.
Wearable device authorization: If connecting wearable devices (Fitbit, Oura, Apple Health, Google Fit), you must have proper authorization to sync that device data.
No reverse engineering: Do not attempt to reverse engineer, decompile, disassemble, or hack the Service or Guardian Middleware AI™.
No automated access: Do not use bots, scrapers, or automated tools to access the Service without written permission.
Responsible AI interaction: Do not attempt to manipulate, trick, or "jailbreak" the AI. Do not use the Service to generate harmful content or exploit vulnerabilities.
4. Intellectual Property & Guardian Middleware AI™
All content, materials, software, code, algorithms, designs, logos, trademarks, and technology on MiAngel are the exclusive intellectual property of MiAngel, Inc. This includes but is not limited to: Guardian Middleware AI™ (patent-pending cryptographic trust layer), AI Companion™ (trademark), DeBrah™ (trademark — the branded AI companion persona), all AI models, predictive algorithms, biometric fusion intelligence systems, and platform infrastructure. You may use the Service for personal, non-commercial purposes only. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Service. The MiAngel name, logo, and all related trademarks are registered or pending registration. Unauthorized use is strictly prohibited and may result in legal action.
5. Data Collection, Use & Guardian Middleware AI™ Processing
Your data is handled in accordance with our Privacy Policy. By using the Service, you expressly consent to the collection, processing, storage, and usage of: personal information (name, email, demographics), health and biometric data from connected wearables (heart rate, sleep, activity, stress indicators), mood logs and journal entries, AI chat conversations, predictive analytics and risk assessments, and usage patterns. You acknowledge that: (1) Data may be used to train and improve AI models through anonymization and de-identification, (2) Guardian Middleware AI™ applies cryptographic authentication and policy-bound access controls to your data, (3) You can disconnect wearables, export data, or delete your account at any time, (4) Health data is retained for up to 5 years for longitudinal analysis unless you request deletion. We do not sell your personal or health data under any circumstances. SMS communications are governed by our separate SMS Text Messaging Terms. See our full Privacy Policy for complete details.
6. Disclaimer of Warranties & No Medical Guarantee
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MiAngel, Inc. makes NO guarantees, representations, or warranties regarding: accuracy, reliability, completeness, or timeliness of information or AI responses; availability, uptime, or uninterrupted access to the Service; accuracy of predictive analytics (panic attack forecasts, depressive episode predictions); compatibility with your wearable devices or health platforms; security against all possible cyber threats; fitness for a particular purpose or merchantability. Service Availability: Any availability percentages referenced on our website (e.g., 99.9% or 99.99% AI model availability) are aspirational targets, not contractual guarantees. These figures represent our operational goals and historical performance indicators, and do not create any right to a service level credit, refund, or other remedy in the event of downtime or service interruption. We do not warrant that the Service will meet your requirements, that defects will be corrected, or that the platform is free of viruses or harmful components. Your use of MiAngel and reliance on AI-generated content is AT YOUR OWN RISK. Some jurisdictions do not allow disclaimers of implied warranties, so portions of this disclaimer may not apply to you.
7. Limitation of Liability & Damages Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MiAngel, Inc., its officers, directors, employees, agents, partners, licensors, and affiliates SHALL NOT BE LIABLE FOR ANY: Direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of or inability to use the Service; Loss of data, profits, revenue, business opportunities, or goodwill; Emotional distress, mental anguish, or psychological harm from reliance on AI recommendations; Medical consequences from following or not following AI-generated insights; Damages resulting from unauthorized access to your account or data breaches; Damages from third-party integrations (Fitbit, Oura, Apple Health, Google Fit); Costs of procurement of substitute services. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USE. In no event shall our total liability exceed the greater of $100 USD or the amount you paid us in the past 12 months. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY ARISING FROM: (a) death or personal bodily injury caused by MiAngel's negligence; (b) fraud or fraudulent misrepresentation; (c) MiAngel's gross negligence or willful misconduct; or (d) any liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow limitation of liability, so portions of this section may not fully apply to you.
8. Indemnification & Legal Defense
You agree to indemnify, defend, and hold harmless MiAngel, Inc., its parent, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees) arising from: (1) Your violation of these Terms of Service or any applicable law, (2) Your violation of any third-party rights, including privacy, publicity, or intellectual property rights, (3) Your misuse of the Service or Guardian Middleware AI, (4) Your unauthorized connection of wearable devices you do not own, (5) Content you submit, post, or transmit through the Service, (6) Medical decisions made based on information from MiAngel, (7) Any dispute between you and a third party. This indemnification obligation does not apply to claims arising from MiAngel's gross negligence, intentional misconduct, or breach of these Terms by MiAngel, Inc. This indemnification obligation survives termination of your account and these Terms.
9. Modifications to Terms & Service
MiAngel, Inc. reserves the right to modify, update, or discontinue these Terms of Service or any part of the Service at any time. Non-material changes (formatting, clarifications, typo corrections) may take effect immediately upon posting. MATERIAL CHANGES — including modifications to privacy practices, data retention policies, arbitration provisions, limitation of liability, or the scope of data collection — require at least thirty (30) days advance written notice via email or in-app notification before taking effect. Your continued use of MiAngel after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service before the effective date and may delete your account. We also reserve the right to: modify features, pricing, or subscription tiers; discontinue wearable integrations or third-party partnerships; update Guardian Middleware AI™ security protocols. Check this page periodically for updates. The "Last Updated" date at the top indicates the most recent revision. A changelog of material modifications is maintained and available upon request at legal@miangel.ai.
10. Governing Law, Jurisdiction & Dispute Resolution
These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. MiAngel, Inc. is a Delaware corporation with its principal place of business in Miami-Dade County, Florida. Any legal action, dispute, or proceeding arising out of or relating to these Terms or the Service shall be subject to the EXCLUSIVE jurisdiction of the state and federal courts located in Miami-Dade County, Florida. You irrevocably consent to personal jurisdiction in these courts. MANDATORY ARBITRATION: For disputes involving claims under $10,000 USD, you and MiAngel agree to resolve disputes through binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, rather than in court. MiAngel, Inc. will pay all AAA filing fees and arbitrator compensation for claims under $10,000 USD, regardless of outcome. SMALL CLAIMS EXCEPTION: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits. CLASS ACTION WAIVER: You agree to bring claims only in your individual capacity and not as part of a class action, collective action, or representative proceeding. This waiver applies to the fullest extent permitted by applicable law. If a court determines that applicable law precludes enforcement of this waiver as to a particular claim or request for relief, that claim or request shall be severed and proceed in court while the remaining claims proceed in arbitration. STATUTE OF LIMITATIONS: Any claim arising under these Terms must be brought within one (1) year after the cause of action accrues, or it is permanently barred. If you are located outside the United States, you may have additional legal rights under local consumer protection laws that cannot be waived by contract.
12. Force Majeure
MiAngel, Inc. shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, epidemics, government actions or orders, war, terrorism, civil unrest, labor disputes, power outages, internet or telecommunications failures, cyberattacks, third-party service provider outages (including cloud infrastructure and AI processing providers), or any other force majeure event. During such events, our obligations under these Terms will be suspended for the duration of the event. We will make reasonable efforts to notify you of any material service interruptions and resume normal operations as soon as practicable.
13. Account Suspension & Termination
MiAngel reserves the right to suspend or terminate your account under the following circumstances: violation of these Terms of Service or applicable law; fraudulent, abusive, or harmful use of the Service; attempts to reverse engineer, hack, or exploit Guardian Middleware AI™; providing false age, identity, or health information; non-payment of subscription fees after a 7-day grace period; or upon a valid legal request from a court or government authority.
Suspension Process: We will make reasonable efforts to provide you with at least 48 hours written notice (via email) before suspending your account, except in cases requiring immediate action to prevent harm or comply with legal obligations. The notice will specify the reason for suspension and any steps you can take to resolve the issue.
Effect on Your Data: Upon account suspension, your data remains stored and encrypted but inaccessible through the Service. Upon account termination or deletion, all personally identifiable information will be permanently removed within 30 days in accordance with our data retention schedule (see Privacy Policy Section 9). You may request a data export before termination takes effect.
Appeal Process: If you believe your account was suspended or terminated in error, you may appeal by contacting legal@miangel.ai within 30 days of the suspension notice. We will review your appeal and respond within 14 business days.
14. Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties. If modification is not possible, the provision shall be severed, and the remaining Terms shall be interpreted as if the severed provision had never been included.
15. Entire Agreement
These Terms of Service, together with the Privacy Policy, SMS Terms, and AI Ethics Framework, constitute the entire agreement between you and MiAngel, Inc. regarding your use of the Service. These Terms supersede all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, between you and MiAngel, Inc. regarding the subject matter herein. No amendment or modification of these Terms shall be binding unless made in writing and signed or published by MiAngel, Inc. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
16. Waiver
The failure of MiAngel, Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. A waiver of any provision on one occasion shall not be deemed a waiver of any other provision or of the same provision on any other occasion. No waiver shall be effective unless it is in writing and signed by an authorized representative of MiAngel, Inc. The exercise of any right or remedy by MiAngel, Inc. shall not preclude the exercise of any other right or remedy available under these Terms, at law, or in equity.
17. Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Service without the prior written consent of MiAngel, Inc. Any attempted assignment without such consent shall be null and void. MiAngel, Inc. may assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Upon any permitted assignment, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
18. Data Breach Notification
In the event of a data breach that compromises your personal information, health data, or biometric data, MiAngel, Inc. will: (1) Notify affected users without unreasonable delay and no later than 72 hours after becoming aware of the breach, consistent with GDPR Article 33 and applicable state notification laws; (2) Provide a clear description of the nature of the breach, the categories of data affected, and the approximate number of users impacted; (3) Describe the measures taken or proposed to address the breach and mitigate potential adverse effects; (4) Provide contact information for our Data Protection Officer or legal team at legal@miangel.ai for follow-up inquiries; (5) Where required by applicable law (including but not limited to California Civil Code Section 1798.82, Florida Statutes Section 501.171, and New York General Business Law Section 899-aa), notify the appropriate state attorney general or regulatory authority. MiAngel, Inc. maintains an incident response plan that is tested and updated annually. Backup copies of deleted data may persist in encrypted backup systems for up to 90 days following a deletion request before being permanently purged from all systems, including disaster recovery archives.
19. Electronic Communications & Notices
By using the Service, you consent to receive electronic communications from MiAngel, Inc. including but not limited to: service announcements, administrative messages, policy updates, security alerts, and legal notices. These electronic communications satisfy any legal requirement that communications be in writing. Legal notices to MiAngel, Inc. must be sent to legal@miangel.ai or by certified mail to the address provided on our website. Notices to you will be sent to the email address associated with your account. You are responsible for keeping your email address current. A notice is deemed received on the date it is sent to the email address on file, regardless of whether you actually read it.
