Terms of Service

Quick Summary

Welcome to Crash Out Diary! These Terms and Conditions govern your use of our app. By using Crash Out Diary, you agree to these terms. If you don’t agree, please don’t use the app.

1. Definitions

"App" refers to Crash Out Diary and any related services or platforms provided by A Digital company.
"User" refers to anyone who accesses or uses the App.
"Content" includes text, images, and other materials available on the App.

2. Age Requirements and Parental Consent

Age Requirements: Crash Out Diary is designed for users aged 13 and older. Users under 13 are not permitted to use the App.

Users Ages 13-15: If you are between 13 and 15 years old, you must have verifiable parental consent to use this App. Your parent or legal guardian must review and accept these Terms and our Privacy Policy on your behalf. We collect only the minimum information necessary from minors in this age group, in compliance with the Children's Online Privacy Protection Act (COPPA).

Users Ages 16-17: If you are 16 or 17 years old, you may use the App without parental consent in most jurisdictions, but we encourage you to discuss this app with a parent or guardian.

Users 18+: If you are 18 or older, you may use all features of the App without restriction.

By using the App, you represent that you meet the age requirements above. Parents or guardians who provide consent for minors are responsible for supervising their child's use of the App.

3. Content Rights

All rights to the Content on the App are owned by A Digital company or its licensors. Users are granted a limited, non-exclusive license to use the Content for personal, non-commercial purposes.

4. Prohibited Activities

• Misusing the App for illegal purposes.
• Violating the intellectual property rights of others.
• Transmitting viruses or harmful code.
• Collecting data from the App without permission.

5. Crash Out Pro Subscription Terms

Subscription: Crash Out Pro is offered as a subscription service. By subscribing, you agree to pay the fees associated with your chosen subscription plan.
Billing: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually).
Auto-Renewal: Your subscription will automatically renew unless you cancel it at least 24 hours before the end of the current billing period.
Cancellation: You can cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to Crash Out Pro until the end of your current billing period.
Refunds: Subscription fees are non-refundable, except as required by law.
Price Changes: We reserve the right to change the subscription fees. We will notify you in advance of any price changes.

6. AI-Powered Features

How AI Works in This App: Crash Out Diary uses artificial intelligence (AI) to power conversational personas that provide emotional support. These AI personas are designed to listen, validate your feelings, and suggest coping strategies.

What AI Can Do: AI personas can help you process emotions, suggest activities, and provide a safe space to vent. They use your conversation history to personalize responses.

What AI Cannot Do: AI personas are not licensed therapists, counselors, or mental health professionals. They cannot diagnose mental health conditions, prescribe treatment, or provide medical advice. The AI does not replace professional mental health care.

AI Limitations: While we train our AI to be helpful and supportive, it may occasionally provide responses that are inaccurate, inappropriate, or unhelpful. If you receive a concerning response, please report it to us at support@crashout.now.

Third-Party AI Providers: We use third-party AI services (OpenAI, Google, or Anthropic) to power our personas. Your conversations are processed by these services according to their privacy policies.

7. Crisis Safety and Emergency Resources

Crisis Detection: Crash Out Diary includes automated systems that detect language indicating a mental health crisis (such as self-harm, suicide, or violence). When crisis language is detected, the app will:

• Pause the AI conversation
• Display crisis resources and hotline numbers prominently
• Encourage you to reach out to a trusted adult or professional
• Provide the National Suicide & Crisis Lifeline number: Call or text 988 (US)

Limitations of Crisis Detection: Our crisis detection system is automated and may not catch every instance of crisis language. Do not rely on the app to detect when you need help. If you are in crisis, please reach out immediately:

• Call or text 988 for the National Suicide & Crisis Lifeline (available 24/7)
• Text "HELLO" to 741741 for the Crisis Text Line
• Call 911 or go to your nearest emergency room if you are in immediate danger

No Active Monitoring: We do not actively monitor your conversations or crashouts in real-time. If you share that you are in crisis, the app will provide resources, but it is your responsibility to seek help.

8. Data Collection for Minors

COPPA Compliance: We are committed to protecting the privacy of children under 13. We do not knowingly collect personal information from children under 13 without verifiable parental consent.

What We Collect from Minors (Ages 13-17):

• Email address (for account creation and login)
• Date of birth (to verify age requirements)
• Crashouts and AI conversations (stored securely and not shared with third parties for marketing)
• Usage analytics (anonymous, not tied to your identity)

Parental Rights: Parents or guardians of users under 16 can request to:

• Review the personal information we have collected about their child
• Request deletion of their child's account and data
• Refuse further collection or use of their child's information

To exercise these rights, contact us at support@crashout.now with proof of parental relationship.

9. Medical Disclaimer

The App provides mental wellness support but is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, therapist, or other qualified health provider with any questions you may have regarding a mental health condition. Never disregard professional medical advice or delay seeking it because of something you read or experienced in this App.

10. Limitation of Liability

General Disclaimer: To the fullest extent permitted by law, Soft Landing Co and its affiliates, officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including but not limited to:

• Loss of data or content
• Harm resulting from AI-generated content
• Damages arising from reliance on crisis detection systems
• Emotional distress or mental health impacts
• Third-party actions or content

AI-Specific Limitation: We make no warranties about the accuracy, completeness, or helpfulness of AI-generated responses. We are not liable for any harm caused by AI personas providing incorrect, inappropriate, or unhelpful advice.

Crisis Detection Limitation: We are not liable for failures of our crisis detection systems. The app is not a suicide prevention service and does not replace professional crisis intervention.

Maximum Liability: In no event shall our total liability to you exceed the amount you paid us in the 12 months prior to the event giving rise to the liability, or $100, whichever is greater.

11. Binding Arbitration

Any disputes arising under these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in a class action lawsuit or class-wide arbitration.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

13. Changes to These Terms

We may update these Terms from time to time. When we make significant changes, we will notify you by:

• Sending an email to your registered email address
• Displaying a prominent notice in the App
• Updating the "Last Updated" date and version number at the top of this document

Your continued use of the App after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App and may delete your account.

14. Contact

If you have any questions about these Terms, contact us at:

Email: support@crashout.now

Company: Soft Landing Co

Address: 14601 Main St, Upper Marlboro, MD 20772

15. Acknowledgment

By using Crash Out Diary, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are a minor, you acknowledge that your parent or legal guardian has reviewed and accepted these Terms on your behalf.

Thank you for using Crash Out Diary. We hope our app helps you on your journey to better emotional wellness.