Terms of Service

Version: 1.0
Effective Date: [TO BE SET BEFORE PUBLISHING]

LULL Terms of Service A Growth Journaling Application

1. ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using the Lull application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User") and Rhetoric Innovations LLC ("Company," "we," "us," or "our"), a Missouri limited liability company operating the Lull journaling application.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST HAVE PARENTAL OR GUARDIAN CONSENT TO USE THIS SERVICE. IF YOU ARE UNDER 13 YEARS OF AGE, YOUR ACCOUNT WILL NOT BE ACTIVATED UNTIL VERIFIABLE PARENTAL CONSENT IS OBTAINED IN ACCORDANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA).

2. NATURE OF THE SERVICE — CRITICAL DEFINITIONS

2.1 What Lull Is

Lull is a private digital journaling and self-reflection tool. The Service provides:

• A private space for users to write journal entries, respond to growth-oriented prompts, and capture reflections
• AI-assisted responses that ask clarifying questions and encourage deeper self-reflection through guided journaling
• Pattern recognition across journal entries over time to surface recurring themes for personal awareness
• Optional guardian dashboard providing aggregate activity signals to connected parent or guardian accounts
• Safety response features that surface crisis resources when certain language patterns are detected

2.2 What Lull Is Not — Explicit Disclaimers

LULL IS EXPRESSLY NOT ANY OF THE FOLLOWING:

• NOT a mental health treatment service, program, or provider
• NOT a therapy service of any kind, including psychotherapy, cognitive behavioral therapy, dialectical behavior therapy, or any other licensed therapeutic modality
• NOT a counseling service
• NOT a clinical mental health intervention
• NOT a medical device or healthcare service
• NOT a substitute, replacement, or alternative for professional mental health treatment, therapy, counseling, or psychiatric care
• NOT a crisis intervention service
• NOT a licensed clinical service of any kind
• NOT a HIPAA-covered entity or Business Associate in connection with the Lull consumer journaling service
• NOT a provider of protected health information (PHI) services under HIPAA
• NOT a substance abuse treatment program or recovery service
• NOT a suicide prevention program
• NOT a peer support program

The AI-assisted responses within Lull are generated by artificial intelligence technology. They are not provided by licensed mental health professionals, physicians, counselors, therapists, social workers, or any other licensed healthcare or mental health provider. NO LICENSED PROFESSIONAL RELATIONSHIP IS CREATED BY USE OF THIS SERVICE.

The psychological frameworks referenced in Lull's design documentation (including but not limited to Motivational Interviewing, Cognitive Behavioral Therapy principles, Self-Determination Theory, and CASEL SEL competencies) inform the product's design philosophy only. They do not constitute the practice of any licensed profession, the delivery of clinical services, or the provision of evidence-based treatment.

2.3 Journal Content Is Not Protected Health Information

Journal entries and other content created by users within the Lull application do not constitute Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations. Rhetoric Innovations LLC is not a Covered Entity or Business Associate under HIPAA in connection with the Lull consumer journaling service. Users should not submit information to Lull with any expectation of HIPAA protection.

If you are seeking a HIPAA-compliant journaling or mental health tool, Lull is not that product. Please consult a licensed healthcare provider for HIPAA-protected services.

2.4 No Professional Relationship

Use of Lull does not create any professional relationship between the User and Rhetoric Innovations LLC or any of its employees, contractors, or AI systems. Specifically:

• No therapist-patient relationship is created
• No counselor-client relationship is created
• No physician-patient relationship is created
• No fiduciary relationship is created
• No duty of care beyond the express terms of this Agreement is assumed by the Company

2.5 Encouragement to Seek Professional Help

Lull is designed to complement, not replace, professional mental health care. We strongly encourage users who are experiencing mental health challenges, emotional distress, substance use issues, or any other condition requiring professional attention to seek care from a qualified licensed professional. If you are in crisis, please contact emergency services (911), the 988 Suicide and Crisis Lifeline (call or text 988), or the Crisis Text Line (text HOME to 741741) immediately.

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Minimum Age

You must be at least 13 years of age to create a Lull account and use the Service. Users under 13 years of age are not permitted to create accounts without verifiable parental consent as described in Section 3.2.

3.2 Users Under 13 — COPPA Compliance

In compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., Lull requires verifiable parental consent before collecting any personal information from children under 13 years of age. The following procedures apply:

• Users who indicate an age below 13 during account creation will have their account creation paused
• A parent or legal guardian email address must be provided before any account data is collected
• A parental consent email will be sent to the provided address describing the Service and requesting consent
• No account will be activated and no personal data will be collected until verifiable parental consent is received
• Upon providing consent, parents or guardians will be offered the opportunity to create a connected guardian account

Parents or legal guardians of children under 13 may at any time: (a) review the personal information collected from their child; (b) request deletion of such information; (c) refuse to permit further collection or use of their child's information; and (d) revoke previously granted consent by contacting us at [email protected].

3.3 Users Ages 13–17

Users between the ages of 13 and 17 may create accounts subject to the following conditions:

• Maximum privacy settings are applied by default to all accounts for users in this age group
• Guardian dashboard connection is optional and initiated by the user only
• The Company applies the California Age-Appropriate Design Code (California AB 2273) standards to all users under 18, regardless of the user's state of residence
• No profiling for advertising purposes
• No dark patterns in the user interface

3.4 Users 18 and Over

Adult users may create accounts subject to standard terms. Adult users may optionally designate a trusted contact to receive safety notifications. This designation is entirely voluntary and may be changed or revoked at any time in account settings.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Create a strong, unique password for your Lull account
• Not share your account credentials with any other person
• Notify us immediately at [email protected] if you suspect unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts to circumvent suspensions, access restrictions, or content limitations is prohibited.

5. SUBSCRIPTION AND PAYMENT TERMS

5.1 Free Tier

Lull offers a free tier with limited features as described on our website. No payment information is required to access the free tier.

5.2 Paid Subscriptions

Lull offers paid subscription plans as described on our website. Current pricing is available at lulljournal.app. We reserve the right to change pricing with 30 days advance notice to subscribers.

5.3 External Payment Processing

Lull processes subscription payments through Stripe, Inc., an independent third-party payment processor. Subscriptions purchased through our website are not processed through the Apple App Store or Google Play Store. Purchases made outside of app store payment systems are not subject to app store refund policies. By subscribing through our website, you acknowledge that your purchase is governed by Stripe's terms and our refund policy described in Section 5.5.

5.4 Auto-Renewal

Paid subscriptions automatically renew at the end of each subscription period unless cancelled. You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period.

5.5 Refund Policy

We offer a 7-day refund for new subscriptions. After 7 days, subscription fees are non-refundable except as required by applicable law. To request a refund within the eligible period, contact [email protected].

5.6 School and Institutional Licensing

School and institutional licensing agreements are governed by separate written agreements negotiated directly with the Company. In the event of conflict between these Terms and a separately negotiated institutional agreement, the institutional agreement controls.

6. USER CONTENT AND JOURNAL ENTRIES

6.1 Ownership of User Content

You retain all ownership rights to the journal entries, Log It captures, audio summaries, and other content you create within the Service ("User Content"). By using the Service, you grant Rhetoric Innovations LLC a limited, non-exclusive, non-transferable license to process, store, and display your User Content solely for the purpose of providing the Service to you.

6.2 No Sale of User Content

Rhetoric Innovations LLC does not sell, license, or otherwise transfer your User Content to third parties for commercial purposes. Your journal entries are not used to train AI models. Your User Content is processed by third-party AI infrastructure (Anthropic, PBC) solely for the purpose of generating responses within your journaling session.

6.3 AI Processing Disclosure

Your journal entries and messages are processed by Anthropic, PBC's Claude AI model to generate Lull's responses. This processing is governed by Anthropic's data processing terms. Your content is not permanently stored by Anthropic beyond the processing of individual requests. For more information about Anthropic's data practices, visit anthropic.com.

6.4 Prohibited Content

You agree not to submit User Content that:

• Violates any applicable law or regulation
• Infringes the intellectual property rights of any third party
• Contains malware, viruses, or malicious code
• Is intended to harass, threaten, or harm others
• Impersonates any person or entity

6.5 Content Moderation

Lull employs automated safety detection to identify content suggesting crisis situations. This detection is designed to surface crisis resources and, where applicable, notify connected guardians or trusted contacts. This detection does not constitute content moderation for purposes of enforcing content standards and does not result in account suspension based on the content of journal entries.

7. GUARDIAN ACCESS AND DASHBOARD

7.1 Guardian Connection

Users may connect guardian accounts to their Lull profile using a unique Connect Code. Guardian accounts provide read-only access to an aggregate dashboard showing activity patterns and safety signals. Guardians do not have access to the content of journal entries under any circumstances.

7.2 Guardian Dashboard Limitations

The guardian dashboard displays:

• Journaling activity frequency and patterns
• Emotional theme categories (not specific content)
• Safety flag notifications at defined threshold levels

The guardian dashboard does not display:

• Journal entry text or content
• AI response content
• Audio capture summaries
• Specific words or phrases used in journal entries

7.3 Guardian Obligations

Guardians agree to use dashboard information solely to support the wellbeing of the connected user, not to share dashboard information with unauthorized third parties, and to respect the confidential nature of the connected user's journaling practice.

7.4 User Control Over Guardian Access

Users 18 and older may remove connected guardian accounts at any time through account settings. Users under 13 may not remove guardian accounts established through the parental consent process without parental authorization. Users ages 13-17 may request removal of guardian connections, which will be processed in accordance with our Guardian Access Policy available at lulljournal.app/guardian-terms.

8. SAFETY FEATURES AND LIMITATIONS

8.1 Automated Safety Detection

Lull employs automated content analysis to detect language that may indicate crisis situations including but not limited to suicidal ideation, self-harm, and overdose risk. When such language is detected, the Service is designed to:

• Adjust the AI response to acknowledge the user's distress
• Surface appropriate crisis resources including the 988 Suicide and Crisis Lifeline and Crisis Text Line
• Notify connected guardians or trusted contacts at defined threshold levels

8.2 Limitations of Safety Detection

Users experiencing a mental health emergency should contact emergency services (911), the 988 Suicide and Crisis Lifeline (call or text 988), or the Crisis Text Line (text HOME to 741741) immediately. Do not rely on Lull's safety detection in a crisis situation.

8.3 No Duty to Monitor

The Company does not have a duty to monitor User Content in real time. Safety detection operates on a periodic automated basis. The Company's provision of safety detection features does not create a duty of care or an obligation to prevent user harm beyond what is expressly stated in these Terms.

8.4 Mandatory Reporting

Lull is not a mandated reporter under any applicable state or federal law in its capacity as a technology platform providing journaling services. Safety notifications sent to guardians or trusted contacts are automated signals only and do not constitute clinical assessments or mandated reports. Users should be aware that Lull is not a confidential communication protected by therapist-patient privilege or any similar legal doctrine.

9. PRIVACY AND DATA PROTECTION

Your privacy is governed by our Privacy Policy, available at lulljournal.app/privacy, which is incorporated into these Terms by reference. By using the Service, you agree to our Privacy Policy. Key privacy commitments include:

• We do not sell your personal data to third parties
• We do not use journal content to train AI models
• We do not serve advertising within the Service
• We implement industry-standard security measures to protect your data
• We comply with COPPA for users under 13 and the California Age-Appropriate Design Code for users under 18
• We provide data deletion rights as described in our Privacy Policy

For questions about privacy, contact [email protected].

10. INTELLECTUAL PROPERTY

10.1 Company Intellectual Property

The Service, including its design, software, AI systems, trademarks, logos, and all content created by the Company, is owned by Rhetoric Innovations LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant the Company an irrevocable, perpetual, worldwide license to use such feedback for any purpose without compensation to you.

11. DISCLAIMERS OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES THAT THE SERVICE WILL MEET YOUR MENTAL HEALTH, EMOTIONAL, OR PERSONAL DEVELOPMENT NEEDS
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED CONTENT
• WARRANTIES THAT THE SAFETY DETECTION SYSTEM WILL DETECT ALL CRISIS SITUATIONS
• WARRANTIES THAT THE SERVICE IS A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE

THE COMPANY MAKES NO WARRANTY THAT THE JOURNALING AND SELF-REFLECTION FEATURES WILL PRODUCE ANY PARTICULAR OUTCOME, IMPROVE MENTAL HEALTH, PREVENT ANY CONDITION, OR PROVIDE ANY CLINICAL BENEFIT.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RHETORIC INNOVATIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, OR GOODWILL
• PERSONAL INJURY OR EMOTIONAL DISTRESS
• DAMAGES ARISING FROM YOUR RELIANCE ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE
• DAMAGES ARISING FROM THE FAILURE OF THE SAFETY DETECTION SYSTEM TO DETECT A CRISIS SITUATION
• DAMAGES ARISING FROM GUARDIAN DASHBOARD NOTIFICATIONS OR THE ABSENCE THEREOF

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rhetoric Innovations LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content
• Your misuse of the Service as a substitute for professional mental health care

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

14.2 Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Cape Girardeau County, Missouri. You consent to the personal jurisdiction of such courts.

14.3 Arbitration

14.4 Class Action Waiver

15. TERMINATION

15.1 Termination by User

You may terminate your account at any time through account settings or by contacting [email protected]. Upon termination, your account data will be deleted in accordance with our Privacy Policy data retention schedule.

15.2 Termination by Company

We reserve the right to suspend or terminate your account for violation of these Terms, illegal activity, or for any reason with 30 days notice. We will provide 30 days notice before termination except where immediate termination is required for legal compliance or to prevent harm.

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Journal entry data will be deleted within 30 days of account termination. Safety-related logs may be retained for up to 7 years as required by applicable law.

16. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email to your registered address and by posting updated Terms on our website with an updated effective date. Your continued use of the Service after the effective date of any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Guardian Terms, and any separately negotiated institutional agreements, constitute the entire agreement between you and the Company regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

The Company's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

17.4 Assignment

You may not assign your rights under these Terms without our prior written consent. The Company may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.

17.5 Contact Information

For questions about these Terms, contact: Rhetoric Innovations LLC Lull Application — Legal Email: [email protected] Website: lulljournal.app

Rhetoric Innovations LLC | lulljournal.app | [email protected]