Terms of Service

Please read these terms carefully. By creating an account or using Blue Phoenix, you agree to be bound by these Terms of Service and our Privacy Policy.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Blue Phoenix ("Company," "we," "us," or "our") governing your access to and use of the Blue Phoenix mental wellness application and related services (collectively, the "Service").

By registering for an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Description of Service

Blue Phoenix is a digital mental wellness platform that provides:

• Mood tracking and trend analysis tools
• Guided journaling with AI-assisted reflections
• DBT, CBT, and mindfulness skill libraries and worksheets
• Habit tracking and streak monitoring
• Gratitude journaling
• Digital therapeutic coloring activities
• Crisis resource information and grounding tools
• Gamified wellness achievement tracking
• Weekly wellness digest emails

3. NOT a Medical or Mental Health Treatment

IMPORTANT — PLEASE READ CAREFULLY:

Blue Phoenix is a wellness and self-help tool only. It is NOT:

• A licensed mental health treatment program
• A substitute for professional therapy, counseling, or psychiatric care
• A crisis intervention service
• A medical device or diagnostic tool

The AI-generated insights, skill recommendations, and journal coaching provided by the Service are for informational and self-reflection purposes only. They do not constitute clinical advice, diagnosis, or treatment.

If you are experiencing a mental health crisis, suicidal thoughts, or are in danger, please contact emergency services (911), the 988 Suicide & Crisis Lifeline (call or text 988), or go to your nearest emergency room immediately.

4. Eligibility

• You must be at least 18 years of age to use this Service
• You must have the legal capacity to enter into binding agreements
• You must not be prohibited from using the Service under applicable law
• Therapists using the Service for client-related purposes must hold valid, applicable professional licensure in their jurisdiction

5. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Immediately notifying us of any unauthorized account access
• Providing accurate, current, and complete registration information

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or otherwise misuse the Service.

6. Therapist Users — Additional Obligations

If you use Blue Phoenix as a licensed mental health professional ("Therapist User"), you additionally agree to:

• Use the Service only in compliance with your professional licensing obligations and applicable law, including HIPAA where applicable
• Obtain informed consent from clients before entering or sharing their information in the platform
• Not use the platform as a substitute for proper clinical documentation or electronic health record (EHR) systems
• Contact us to discuss Business Associate Agreement (BAA) requirements before storing Protected Health Information (PHI)
• Take responsibility for the clinical appropriateness of any activities assigned or recommended to clients
• Immediately report any security incidents involving client data to privacy@bluephoenixtx.com

7. Acceptable Use Policy

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Upload or transmit viruses, malware, or harmful code
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated means (bots, scrapers) to access or collect data from the Service
• Impersonate another person or entity
• Use the Service in any way that could damage, disable, or overburden our infrastructure
• Share account credentials with others

8. Content You Submit

You retain ownership of all content you submit to the Service (journal entries, mood data, artwork, etc.). By submitting content, you grant us a limited, non-exclusive license to store, process, and display that content solely for the purpose of providing the Service to you.

You are responsible for the accuracy and appropriateness of the content you submit. You must not submit content that:

• Violates the privacy or rights of others
• Contains identifying information about third parties without their consent
• Is false, misleading, or harmful

9. AI-Generated Content

Blue Phoenix uses artificial intelligence to generate journal coaching insights, skill recommendations, and wellness summaries. You acknowledge that:

• AI-generated content is not clinical advice and should not be treated as such
• AI systems can produce inaccurate or inappropriate responses
• You should apply your own judgment to any AI-generated content
• If you are a therapist, you should review AI-generated content before sharing it with clients

10. Subscription & Billing

Access to premium features requires a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described at the time of purchase
• Authorize recurring charges to your payment method for subscription renewals
• Provide accurate billing information and keep it current

Cancellation: You may cancel your subscription at any time. Your access will continue until the end of the current billing period. We do not provide prorated refunds for partial billing periods unless required by law.

Refunds: We offer a 7-day refund window for new subscriptions if you are unsatisfied with the Service. Contact support@bluephoenixtx.com within 7 days of initial purchase.

11. Intellectual Property

The Service, including its design, content, skill library, and software, is owned by Blue Phoenix and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written consent.

The DBT and CBT skill frameworks referenced in the app are based on publicly available therapeutic models. Their inclusion does not constitute a claim of ownership over those therapeutic modalities.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

13. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE PHOENIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY MENTAL HEALTH OUTCOMES.

Our total liability to you for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Blue Phoenix, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

15. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice. Upon termination, your right to use the Service ceases immediately. You may request a copy of your data before termination by contacting us.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property violations.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or in-app notification. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact

• General support: support@bluephoenixtx.com
• Privacy & legal: privacy@bluephoenixtx.com
• HIPAA / BAA inquiries: privacy@bluephoenixtx.com

These Terms were last reviewed May 1, 2026. This document is provided for informational purposes. Consult a licensed attorney for legal compliance advice.