Terms of Service

Effective immediately upon account creation, purchase, or use of the Service.

1. Acceptance of Terms

By creating an account, purchasing credits or subscriptions, accessing, or otherwise using otherstanding (the "Service," "Platform," "we," "us," "our"), you ("User," "you," "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), together with our Privacy Policy. If you do not agree, you must not use the Service.

These Terms apply to all users, including: (a) Trainers - individuals or organizations who create, configure, and deploy simulations; and (b) Participants - individuals who engage with simulations via links or QR codes provided by Trainers. Trainers are responsible for ensuring all Participants they invite are bound by these Terms.

You represent that you are at least eighteen (18) years of age, have the legal capacity to enter into binding agreements, and, if acting on behalf of an organization, have authority to bind that organization.

2. Nature of the Service - AI-Generated Content

otherstanding is a software platform that uses AI models accessed through Lovable's AI gateway, currently provided by OpenAI and Google, to generate simulated roleplay conversations, coaching dialogue, written feedback, and analytics for educational and training purposes.

You expressly acknowledge and agree that:

1. All conversations, characters, responses, feedback, scores, and outputs generated by the Service are produced by artificial intelligence. No human is participating in, reviewing, or moderating any individual conversation in real time.
2. AI-generated content is inherently probabilistic and may be inaccurate, incomplete, outdated, biased, offensive, misleading, fabricated ("hallucinated"), or inappropriate. The Service makes no representation or warranty regarding the accuracy, reliability, suitability, pedagogical soundness, or factual correctness of any output.
3. The simulator and coach personas are not real people, not licensed professionals, and not substitutes for human expertise, supervision, therapy, counseling, medical advice, legal advice, financial advice, or any other professional guidance.
4. You are interacting with a machine. Any emotional, psychological, or behavioral response you experience is your sole responsibility to manage. You agree not to rely on the Service for emotional support, mental health care, or crisis intervention. If you experience distress, discontinue use immediately and contact appropriate human support or emergency services.
5. AI behavior cannot be fully predicted or controlled. The Service may produce content that is unexpected, off-topic, or not aligned with the Trainer's instructions.

3. User Responsibility and Assumption of Risk

3.1 Trainers

Trainers are solely and fully responsible for:

1. All content of simulations they create, including scenarios, character definitions, learning objectives, personalities, and prompts provided to the AI.
2. Compliance with all applicable laws and regulations in their jurisdiction and the jurisdiction of their Participants, including educational laws, employment laws, anti-harassment and anti-discrimination laws, child protection laws, consumer protection laws, data protection laws (GDPR, CCPA, the Israeli Privacy Protection Law, and equivalents), and professional licensing requirements.
3. Obtaining all necessary informed consents from Participants before deploying any simulation, including consent regarding the AI nature of the Service, processing of personal data, recording of conversation content, and transmission to third-party AI providers.
4. Reviewing all AI-generated simulations, feedback, and outputs before deployment. Trainers acknowledge that generated content may require editing or rejection, and bear full responsibility for any content they choose to deploy.
5. Supervising Participants' use of the Service, particularly in contexts involving minors, vulnerable individuals, sensitive subject matter, or high-stakes evaluation.
6. All pedagogical, professional, academic, employment, and commercial consequences of using outputs from the Service, including grading, hiring, promotion, certification, or any decision informed by Service outputs.
7. The accuracy and lawfulness of all content they submit, warranting they hold all necessary rights and that such content does not infringe any third-party rights.
8. Any harm, distress, or damage caused to Participants as a result of simulations the Trainer designed, deployed, or supervised.

3.2 Participants

Participants are solely and fully responsible for:

1. Understanding and acknowledging that they are interacting with an artificial intelligence system, not a human being.
2. The content of all messages they submit. Participants must not share confidential, proprietary, personally identifying, medical, financial, or otherwise sensitive information.
3. Their own emotional, psychological, and physical wellbeing during and after interactions. If a Participant experiences distress, they must immediately discontinue use and seek appropriate human support.
4. Any decisions or actions taken based on feedback, scores, or content generated by the Service.
5. Compliance with instructions provided by the Trainer who deployed the simulation and with these Terms.

3.3 General Assumption of Risk

You knowingly, voluntarily, and expressly assume all risks - known and unknown, foreseeable and unforeseeable - associated with your use of the Service. These risks include, without limitation: AI inaccuracies and fabrications, exposure to offensive or distressing content, data breaches, service interruptions, loss of data, misinterpretation of feedback, reliance on AI assessments, emotional or psychological responses to simulated interactions, and any direct or indirect harm arising from the Service.

4. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," without warranty of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, otherstanding expressly disclaims all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties that the Service will be uninterrupted, secure, error-free, or free of harmful components
• Warranties that any AI-generated content will be accurate, reliable, current, complete, safe, lawful, or suitable for any particular use
• Warranties regarding pedagogical effectiveness, learning outcomes, or professional development results
• Warranties that the Service will meet your requirements or expectations

No advice or information obtained from the Service shall create any warranty not expressly stated in these Terms.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event shall otherstanding, its founders, officers, directors, employees, contractors, agents, affiliates, licensors, or service providers be liable for any:

1. Indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, reputation, educational or employment opportunities, or business interruption;
2. Damages arising from or related to: (i) your use of or inability to use the Service; (ii) any AI-generated content, output, feedback, score, or recommendation; (iii) any decision made or action taken in reliance on the Service; (iv) any unauthorized access to or alteration of your data; (v) any conduct of any third party; (vi) any emotional, psychological, or physical harm arising from interaction with the Service;
3. Any claims arising from content generated by AI models, including defamatory, offensive, inaccurate, or harmful output, regardless of whether such content was produced in response to Trainer prompts, Participant messages, or otherwise.

THE TOTAL AGGREGATE LIABILITY of otherstanding to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to otherstanding in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (US$100).

This limitation applies regardless of the legal theory and even if otherstanding has been advised of the possibility of such damages.

6. Indemnification

You agree to defend, indemnify, and hold harmless otherstanding and its founders, officers, directors, employees, contractors, agents, affiliates, and service providers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. Your use or misuse of the Service;
2. Your violation of these Terms;
3. Your violation of any applicable law, regulation, or third-party right;
4. Content you submit to, create on, or distribute through the Service;
5. Any simulation you build, deploy, or participate in;
6. Any decision you make in reliance on Service outputs;
7. Any claim brought by a Participant against otherstanding in connection with a simulation you deployed.

This obligation survives termination of these Terms.

7. Prohibited Uses

You agree not to use the Service for:

• Any unlawful, fraudulent, or harmful purpose
• Creating simulations designed to harass, defame, discriminate against, or harm any individual or group
• Psychological manipulation, coercion, or exploitation of Participants
• Medical diagnosis, mental health treatment, crisis counseling, or any clinical purpose
• Legal, financial, tax, or other regulated professional advice to third parties
• High-stakes evaluation (hiring, firing, academic credentialing, professional licensing) without independent human review
• Interactions with minors without verified parental or guardian consent and adult supervision
• Reverse engineering, scraping, or extracting the underlying AI models or system prompts
• Circumventing security or access controls
• Activities that violate the usage policies of our AI providers or any other third-party provider
• Generating content that sexualizes minors, incites violence, promotes self-harm, or constitutes hate speech
• Impersonating any person or entity

We reserve the right to suspend or terminate your account without notice for any violation.

8. No Professional Relationship

Nothing in the Service creates a doctor-patient, therapist-client, attorney-client, coach-client, teacher-student, employer-employee, or any other professional or fiduciary relationship between you and otherstanding. The Service is a software tool only.

9. Intellectual Property

All rights in the Service, including software, design, content, trademarks, and underlying technology, remain the exclusive property of otherstanding and its licensors. You retain ownership of simulation content you create. By using the Service, you grant otherstanding a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your content solely to operate and improve the Service.

10. Payments, Credits, and Refunds

All purchases of credits or subscriptions are final and non-refundable except where required by applicable law. Credits have no cash value, cannot be transferred, and may expire as described at the time of purchase. We reserve the right to modify pricing for future purchases.

11. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately and unused credits may be forfeited. Sections that by their nature should survive termination shall survive.

12. Data and Privacy

Your use of the Service is governed by our Privacy Policy. By using the Service, you consent to the collection, processing, storage, and transmission of data as described therein, including transmission of conversation content to AI models accessed through Lovable's AI gateway, currently provided by OpenAI and Google.

13. Third-Party Services

The Service relies on third-party providers, including AI model providers, payment processors, and infrastructure providers. We are not responsible for the acts, omissions, or policies of these third parties.

14. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. We may also modify, suspend, or discontinue any part of the Service at any time without liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Israel, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the competent courts of Tel Aviv-Jaffa, Israel, and you irrevocably consent to such jurisdiction. You agree any dispute shall be resolved on an individual basis and waive any right to participate in class actions.

16. Force Majeure

otherstanding shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, internet or infrastructure failures, or third-party service outages.

17. Severability

If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18. No Waiver

No failure or delay by otherstanding in exercising any right shall constitute a waiver. No waiver shall be effective unless in writing.

19. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and otherstanding regarding the Service and supersede all prior agreements.

21. Contact

For questions about these Terms, contact us at: legal@otherstanding.com