Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Melt Candle Company, LLC, a company registered in the State of Washington, USA under number 604-048-603 (Washington UBI), registered office 1022 Diane Ave, Oak Harbor, WA 98277, USA ("HiCobi", "we", "us"). They govern your use of https://www.hicobi.ai, the parent dashboard, the Cobi assistant on Telegram, WhatsApp and SMS, and everything we provide alongside them (together, the "Service").

By creating an account, messaging Cobi, or using the Service in any way, you confirm that you have read and accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

You must be at least 18 years old and legally able to enter into a contract to hold a HiCobi account. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

HiCobi provides "Cobi", an AI chat companion designed for neurodiverse children and teenagers. Cobi chats with your child on the messaging app you choose, sends reminders you schedule, and produces daily summaries for you as a parent.

• Provide accurate information and keep it up to date. Accounts are personal to you; do not share your login.
• Keep your password confidential. You are responsible for everything done through your account, unless it results from our failure. Tell us at [email protected] immediately if you suspect unauthorised access.
• One account per parent or guardian. You may add child profiles up to the limit of your plan.
• Do not create an account using automated means, use a false identity, or open a new account after we have suspended you.

By adding a child profile and connecting a messaging channel, you confirm that:

• you are the child's parent or legal guardian, or are otherwise legally authorised to consent on the child's behalf;
• you consent, on the child's behalf, to the child using Cobi and to our processing of the child's personal data as set out in the Privacy Policy, including any health-related details you choose to enter;
• you own or lawfully control the phone number, WhatsApp number or Telegram account you register, and you are authorised to receive messages there and to consent to Cobi messaging it;
• you will supervise your child's use in a manner appropriate to their age and needs, and you understand that a parent can read the child's conversations in the dashboard;
• you will tell your child, in a way they can understand, that they are talking to an AI assistant, not a person, and that a parent and our safety team can see these conversations;
• you will decide what information about your child is appropriate to enter, and will not enter more sensitive detail than you are comfortable with.

You may withdraw consent at any time by deleting the child profile or your account. If you cease to be the child's parent or guardian, or your authority to consent ends, you must tell us and stop using the Service for that child.

The Service works by exchanging messages with you and your child. By connecting a channel you agree to the following.

5.1 Consent to be messaged

• Telegram: you start by opening @cobi_ai_bot and pressing Start; Telegram requires that first action before any bot may message a user.
• WhatsApp: you message +1 510 588 5847 first, or you enter a WhatsApp number in the dashboard and confirm you want Cobi to use it.
• SMS: we send SMS only if you tick the separate, optional SMS consent box, which is never pre-ticked. Consent to receive SMS is not a condition of buying anything — you can create and use a HiCobi account, including a paid plan, without it.
• You may not enter someone else's number without their permission, and you may not use the Service to message anyone who has not agreed to receive messages.

5.2 What we send and how often

Message frequency varies with your use of the Service. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

5.3 Stopping messages

Reply STOP to any SMS or WhatsApp message to cancel, or HELP for help; on Telegram send /stop or block the bot. You can also switch a channel off in the dashboard, or email [email protected]. We will send one confirmation and then stop. Reply START to resume. Stopping messages on the child's channel means the Service can no longer function for that child.

5.4 Platform rules

Telegram, WhatsApp (Meta) and Twilio are independent services with their own terms, which you must also comply with: Telegram Terms, WhatsApp Terms, Twilio Terms. They may change, throttle, suspend or block message delivery, and delivery is never guaranteed. We are not responsible for their acts or omissions, and we are not liable for a message that is delayed, undelivered, delivered to the wrong person because you gave us the wrong number, or read by someone else with access to the device.

We do not use the Service to send unsolicited bulk or commercial messages, and neither may you.

You agree not to, and not to allow anyone else to:

• use the Service for anything unlawful, or in breach of any law on communications, data protection, child protection or consumer rights;
• impersonate anyone, register a child who is not in your care, or misrepresent your relationship to a child;
• attempt to obtain from Cobi, or use it to produce, content that is sexual, violent, hateful, harassing, self-harm-promoting or otherwise harmful — particularly content of that nature involving a minor;
• use the Service to send spam, unsolicited marketing, phishing, or any automated or bulk messaging;
• probe, scan, overload, reverse-engineer, scrape or interfere with the Service or its infrastructure, circumvent rate limits, authentication or plan limits, or access another user's data;
• use the Service or its output to train a competing AI model, or to build a competing product;
• resell, sublicense or provide the Service to a third party without our written agreement;
• rely on the Service for clinical, diagnostic, safeguarding-of-record or emergency purposes.

Report abuse or anything that worries you about a child's safety to [email protected].

To keep children safe and the Service lawful, and as described in the Privacy Policy:

• authorised staff may review conversations, and copies of exchanges are routed to a secured internal safety channel;
• we may apply automated filters, block content, or stop Cobi from discussing topics you have forbidden or that we consider unsafe;
• we may contact you if we see something concerning, and where we believe there is a risk to someone's life or physical safety we may contact the appropriate authorities;
• we may suspend or terminate access, immediately and without refund of the unexpired term where the breach is serious, if you break these Terms, if we are required to by law, or if continued access poses a risk to a child, to another user or to us.

We have no obligation to monitor, and monitoring that we do carry out is not a guarantee that we will detect any particular message, risk or incident. Nothing here creates a duty of care beyond what the law imposes on us.

• Cobi's replies, transcriptions and daily reports are produced by AI systems. They may be inaccurate, out of date, incomplete or unsuitable, and similar output may be generated for other users.
• You are responsible for evaluating AI output before relying on it and for any decision you take about your child on the basis of it.
• Daily reports are informal summaries. They are not clinical records, assessments or evidence of progress, and should not be presented as such to a clinician, school or authority without making that clear.
• As between you and us, and to the extent output can be owned, we assign to you the output generated for your account, subject to these Terms. You may use it for your family's personal purposes.
• You retain ownership of everything you and your child submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display that content solely to operate, secure and support the Service. We do not use it to train AI models, and we do not licence it to anyone for their own purposes.

9.1 Subscriptions

• Paid plans are billed in advance through Stripe, on the cycle and at the price shown at checkout, and renew automatically for the same period until cancelled.
• Prices are shown inclusive or exclusive of VAT as indicated at checkout; you are responsible for any taxes that apply to you.
• Plans carry limits (for example on messages or child profiles). We may apply fair use limits to protect the Service and will tell you before restricting your use.
• We may change prices for future billing periods with at least 30 days' notice by email. If you do not accept, cancel before the change takes effect.
• If a payment fails we may retry it, and may suspend the Service until payment is made.

9.2 Free trials

Where we offer a trial, it converts into a paid subscription at the end of the trial period unless you cancel first. We will tell you when the trial ends. One trial per household.

9.3 Cancelling

Cancel at any time in the dashboard or by emailing [email protected]. Cancellation stops the next renewal; your plan continues until the end of the period you have paid for. Except as set out below or as required by law, payments are non-refundable and we do not refund partial periods.

9.4 Your right to withdraw (EU/EEA and UK consumers)

If you are a consumer in the EU/EEA or UK you have 14 days from entering into the contract to withdraw from it for any reason, by telling us at [email protected]. Because the Service is digital content supplied immediately, by starting to use it within that period you ask us to begin performance and acknowledge that you lose the right of withdrawal once the Service has been fully supplied; where it has been partly supplied you may be charged in proportion to what you used. Nothing in these Terms limits your statutory rights, including your rights if the Service is not as described or not of satisfactory quality.

The Service, the Cobi character, the HiCobi name and logo, the software, the site, its design and its content are owned by us or our licensors and protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your family's own non-commercial purposes while your account is in good standing. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell or create derivative works from the Service, or remove any proprietary notice.

If you send us feedback or suggestions, we may use them freely and without obligation to you.

The Service depends on third parties — messaging platforms, AI providers, payment and email providers, and hosting. Their availability is outside our control, their terms apply to your use of them, and we are not responsible for their acts, omissions, content or policies. If a third party changes or withdraws a service, we may have to change or discontinue a corresponding feature.

Our handling of personal data is described in the Privacy Policy, which forms part of these Terms. Where we process personal data on behalf of an organisation (for example a clinic or school), our data processing agreement applies in addition; request one at [email protected].

• We aim to keep the Service available but do not promise it will be uninterrupted or error-free. Maintenance, updates, third-party outages and events beyond our control can interrupt it.
• We may add, change or remove features. If a change materially reduces the core functionality of a paid plan, we will give you at least 30 days' notice and you may cancel and receive a pro-rata refund of the unused period.
• We may discontinue the Service entirely on 30 days' notice, refunding any unused prepaid period and giving you the chance to export your data.

• You may close your account at any time from the dashboard.
• We may suspend or terminate your account for breach of these Terms, non-payment, legal requirement, or risk to a child or another person — with notice where reasonably possible, and immediately where the risk or breach is serious.
• On termination your licence ends and we stop messaging your family. We delete or anonymise your data in line with the retention periods in the Privacy Policy. Export anything you want to keep first.
• Provisions that by their nature should survive termination do so — including sections 8, 10, 15, 16, 17 and 19.

To the fullest extent permitted by law, and without limiting section 2, the Service is provided "as is" and "as available". We disclaim all warranties, conditions and representations not expressly stated in these Terms, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement.

We do not warrant that the Service will meet your requirements, that Cobi's output will be accurate or appropriate for your child, that messages will always be delivered, or that the Service will be secure, uninterrupted or free of errors.

Some jurisdictions do not allow the exclusion of certain warranties. If you are a consumer, this section applies only to the extent permitted by the law that protects you, and your mandatory statutory rights are unaffected.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else that cannot lawfully be excluded — including your mandatory rights as a consumer.

Subject to that, to the fullest extent permitted by law:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill, opportunity or data, however caused;
• we are not liable for any decision you take, or refrain from taking, in reliance on Cobi's output or a daily report;
• we are not liable for the acts or omissions of messaging platforms, carriers or other third parties, or for unauthorised access to a device or messaging account that is not caused by our breach;
• our total aggregate liability arising out of or relating to the Service in any 12-month period is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim and (b) EUR 100.

These limits apply to all claims, whether in contract, tort (including negligence), statute or otherwise, and reflect a reasonable allocation of risk given the price of the Service.

You will indemnify and hold us harmless against claims, losses, liabilities and reasonable costs (including legal fees) arising from your breach of these Terms, your misuse of the Service, your registering a phone number or messaging account you were not authorised to register, or your registering a child for whom you are not the parent or guardian. This does not apply to the extent the claim results from our own breach or negligence, and if you are a consumer it applies only to the extent permitted by consumer law.

We may update these Terms. For material changes we will give at least 14 days' notice by email or in the dashboard before they take effect. If you do not accept a change, stop using the Service and cancel before it takes effect; continued use afterwards means you accept it. The date and version at the top of this page always identify the current text, and earlier versions are available from [email protected].

• These Terms and any dispute arising from them are governed by the laws of the State of Washington, USA, without regard to conflict-of-law rules.
• Disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Washington, USA. If you are a consumer, this does not deprive you of the protection of the mandatory laws of your country of residence, and you may bring proceedings in the courts of that country.
• Please contact [email protected] first — we will try in good faith to resolve any dispute informally within 30 days.
• EU consumers may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service and replace anything said before.
• Severability. If a provision is held unenforceable, the rest continues in force and the provision is applied to the maximum extent permitted.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or to a successor in a merger or sale, provided your rights are not reduced.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.
• No third-party rights except as expressly stated.
• Notices to you go to the email on your account; notices to us go to [email protected] and to the registered address below.
• Language. These Terms are concluded in English. Translations are for convenience; the English text prevails.

• Legal notices: [email protected]
• Support and cancellations: [email protected]
• Privacy: [email protected]
• Post: Melt Candle Company, LLC, 1022 Diane Ave, Oak Harbor, WA 98277, USA

Melt Candle Company, LLC · registration number 604-048-603 (Washington UBI) · the State of Washington, USA