Legal Policies

Privacy Policy

These Terms of Service and Privacy Policy (collectively, “Terms”) constitute a legally binding agreement between With Haven AI, LLC, a Michigan limited liability company (“Company,” “we,” “us,” or “our”) and you (“you,” “your,” or “user”), governing your access to and use of the With Haven AI mobile application (the “App”) and all related services (collectively, the “Services”).

BY ACCESSING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE APP AND MUST IMMEDIATELY DISCONTINUE ALL USE.

BY CREATING AN ACCOUNT, YOU CONSENT TO OUR GENERAL DATA PROCESSING PRACTICES AS DESCRIBED IN THESE TERMS. SEPARATE EXPLICIT CONSENT WILL BE REQUIRED BEFORE USING AI CHATBOT FEATURES THAT PROCESS SENSITIVE EMOTIONAL AND WELLNESS INFORMATION.

ARTICLE 3: PRIVACY AND DATA PRACTICES

3.1 Information Collection.

We collect the following categories of information:

  1. Personal Information:
    1. Account registration data (name, email address);
    2. Profile preferences and settings; and
    3. Payment information (processed by third-party payment processors).
  2. Usage Information:
    1. Conversation history and user inputs;
    2. App interaction data and usage patterns;
    3. Device information (type, operating system, unique identifiers); and
    4. IP address and approximate location (if enabled).

3.2 Use of Information.

We use collected information to:

  1. Provide, maintain, and improve the Services;
  2. Generate personalized AI responses;
  3. Process transactions and maintain accounts;
  4. Communicate service-related information;
  5. Ensure security and prevent fraud; and
  6. Comply with legal obligations.

3.3 Sensitive Information Handling.

We recognize that conversations may contain sensitive personal information relating to emotional wellness and caregiving experiences. Such information is encrypted in transit and at rest. We do not use conversation content for advertising purposes or share it with third parties for their marketing purposes. For information about data retention and deletion from our systems and third-party processors, please refer to Section 3.5.

3.4 Third-Party Services.

We utilize the following third-party services:

  1. OpenAI for AI response generation and natural language processing. We have executed OpenAI’s DPA which provides that:
    1. OpenAI processes data only to provide services to us;
    2. OpenAI does not train models on our API data;
    3. OpenAI retains API data for a maximum of 30 days;
    4. OpenAI maintains SOC 2 Type 2 compliance; and
    5. OpenAI implements appropriate security measures including encryption at rest and in transit.
  2. Payment processors for subscription and payment processing.

We do not sell or rent your personal information to third parties for marketing purposes.

3.5 Data Retention.

  1. Active Accounts: Conversation history is retained during an account’s lifetime unless deleted by user.
  2. Inactive Accounts: Data may be deleted after extended periods of inactivity in accordance with our data retention policy.
  3. Account Deletion: Upon verification of your request, we will delete your data without unreasonable delay, typically within 45 days.
  4. AI Processing: To provide AI-powered responses, we use OpenAI’s API services pursuant to OpenAI’s Services Agreement (available at openai.com/policies/services-agreement) and Data Processing Addendum (available at openai.com/policies/data-processing-addendum) (collectively, “OpenAI’s Business Terms”). Our data protection measures include:
    1. Contractual requirements through OpenAI’s DPA that prohibit OpenAI from using API data for model training;
    2. Use of OpenAI’s business API services which are covered by their applicable certifications;
    3. Sharing your data only to the extent necessary for OpenAI to generate responses;
    4. OpenAI’s automatic deletion of API data after 30 days maximum retention period;
    5. Encryption of data at rest and in transit by OpenAI; and
  5. Legal Hold: We may retain data longer if required by law or legal proceedings.
  6. Anonymized Data: We may retain anonymized, aggregated data for research and improvement purposes.

3.6 Your Privacy Rights.

You have the right to:

  1. Access your personal information;
  2. Request correction of inaccurate data;
  3. Request deletion of your account and data;
  4. Opt out of non-essential communications;
  5. Request data portability where applicable; and
  6. Request a copy of this privacy policy in an accessible format.

California residents have additional rights under the California Consumer Privacy Act (CCPA). Residents of states with comprehensive privacy laws may have additional rights under their respective state laws. Colorado, Connecticut, Virginia, Utah, and other state residents: you may have additional rights including the right to appeal our decisions regarding your privacy requests. To exercise any privacy rights, contact us at legal@withhaven.ai.

3.7 Data Security.

We implement commercially reasonable administrative, technical, and physical safeguards to protect your information. However, no method of transmission or storage is completely secure. You acknowledge and accept the inherent risks of providing any and all information, including private and sensitive information, online.

3.8 Mobile App Permissions.

The App may request the following device permissions:

  1. Notifications for reminders and app updates (optional);
  2. Location for connecting with local resources (optional); and
  3. Camera/photos for uploading profile pictures (optional).

You can manage these permissions through your device settings at any time.

3.9 OpenAI Usage Compliance.

As we utilize OpenAI’s API services, users acknowledge and agree that:

  1. Use of the App must comply with OpenAI’s Usage Policies, which prohibit:
    1. Using the service to harm yourself or others;
    2. Compromising the privacy of others;
    3. Generating misinformation or engaging in deception;
    4. Circumventing safety measures; and
    5. Any illegal activities or content.
  2. OpenAI may monitor for abuse and policy violations through automated systems;
  3. Violations of OpenAI’s policies may result in suspension of AI features within the App;
  4. We reserve the right to implement additional content moderation using OpenAI’s moderation tools;
  5. OpenAI reports apparent child sexual abuse material (“CSAM”) to the National Center for Missing and Exploited Children; and
  6. Content generated by AI may be inaccurate and should not be relied upon for critical decisions.

3.10 Regulatory Limitations.

  1. THE APP IS NOT HIPAA-COMPLIANT. Do not use the App to process “Protected Health Information” (or “PHI”), which includes any individually identifiable health information such as:
    1. Medical diagnoses, treatment information, or test results;
    2. Health insurance information;
    3. Any health information combined with personal identifiers (names, dates, SSN, etc.); or
    4. Information about physical or mental health conditions of identifiable individuals.
    We have not executed a “Business Associate Agreement” (a contract required under HIPAA for service providers handling PHI) with OpenAI or implemented the technical safeguards required under HIPAA. Sharing PHI through the App may violate federal law.
  2. Users are responsible for ensuring their use of the App complies with applicable regulations in their jurisdiction, including data protection laws, healthcare regulations, and professional licensing requirements.

ARTICLE 10: CHILDREN’S PRIVACY

10.1 Underage Use.

The App is not intended for individuals under eighteen (18) years of age. We do not knowingly collect personal information from minors. If we become aware that we have collected information from a minor, we will promptly delete such information.

ARTICLE 13: CONTACT INFORMATION

With Haven AI, LLC

1321 Grand Oaks Dr. Howell,

Michigan, 48843

Email: legal@withhaven.ai