Welcome to Jaimee! We provide you with access to our mobile companion application (App) where you can select an artificial intelligence (AI) companion (or ‘digital friend’) chat with them about anything you like and be supported and heard. 

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Digital Pty Ltd (ABN 681 302 312) (who operates Jaimee AI). 

These Terms form our contract with you and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms. 

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms. 

For questions about these Terms, or to get in touch with us, please email: legal@jaimee.ai 

These terms were last updated 21 March 2025.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to: 

• our privacy policy (on our website) which sets out how we will handle your personal information; 

• clause 1.3 (Variations) which sets out how we may amend these Terms;  

• clause 4 (Subscription) which sets out important information about your Subscription, including whether you can cancel your Subscription and whether your Subscription auto-renews; and 

• clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.  

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our App, or for featuring certain goods or services on our App. 

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights. 

1.           Engagement and Term

1.1         These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only. 

1.2         You must be at least 18 years old to use our App.

1.3        Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us via email to legal@jaimee.ai. To cancel your subscription, you need to do so via Apple App Store (if you have an iOS version of the App) or via Google Play (if you have an Android version of the App). If you cancel your Subscription:

(a)          you will no longer be able to access our Services (including our App) on and from the date of cancellation; and

(b)        you may request a pro-rata refund based on the portion of the Subscription Period remaining unused by you. .

2.           Our Services

2.1         Subject to your compliance with these Terms, we will provide you with access to our App (our Services).

2.2         Where we require access to your premises or computer systems in order to provide our Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

2.3         We are a software provider, which aims to improve your mood and emotional wellbeing. However, our Services do not constitute, and are not a substitute for medical advice. If you require immediate medical attention, contact your treating general practitioner or call 000. If you are suffering from depression, anxiety, self-harm, suicidal thoughts, abuse or addiction, please seek help immediately by calling support agencies, such as Lifeline Australia on 13 11 14 or visit www.lifeline.org.au.

2.4         We will not be responsible for any other services unless expressly set out on in these Terms or in our App.

2.5         Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

2.6         Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion. You further acknowledge and agree that we will own all outputs from your use of the beta services, in accordance with this agreement.

2.7         Third Party Products or Services: Where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our App), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 2.5.

3.           Account

3.1         You must sign up for an Account in order to access and use our App.

3.2         You may register for an Account using your Apple, Google or Facebook account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information.

3.3         Depending on your account access, you may invite Authorised Users to access and use our Services under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our App. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our App. Any limitations on the number of Authorised Users you can have will be set out in your Account or in our App.

3.4         While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):

(a)          keep your information up-to-date (and ensure it remains true, accurate and complete);

(b)         keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c)          notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

4.           Subscriptions

4.1         Once you have created your Account, you may choose a Subscription. Where you choose a Subscription, this clause 4 will apply to you.

4.2         The Subscriptions we offer will be set out in our App, including details of each Subscription’s features and limitations, Subscription Fees and Subscription Periods.

4.3         During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out in our App (Billing Cycle).

4.4         You will be billed for any Subscription Fees due at the beginning of each Billing Cycle. Payments will be made via Google Play Store or Apple App Store. If you access or download our App from (1) Apple App Store, you agree to any usage rules set forth in the App Store Terms of Service or (2) Google Play, you agree to the Android, Google Inc Terms and Conditions including the Google Apps Terms of Service.  

4.5         You must not pay, or attempt to pay, any Subscription Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder.

4.6         Cancellation: Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for the same Subscription Period. If you wish to cancel your Subscription, you need to do so via Apple App Store (if you have an iOS version of the App) or via Google Play (if you have an Android version of the App). Your cancellation will take effect at the end of your current Subscription Period, and your Subscription will not be renewed (meaning you will need to continue paying all Subscription Fees due up until your current Subscription Period ends).

4.7         Late Payments: If any Subscription Fees are not paid on time, we may suspend your access our Services (including access to our App).

4.8         Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

5.           App Licence

5.1         While you have an Account, we grant you and your Authorised Users a right to use our App (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription (as set out in our App or in your Account).

5.2         You must not (and you must ensure that your Authorised Users do not):

(a)          use the App for any commercial purpose;

(b)         access or use our App in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; 

(c)          impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d)         solicit personal information from anyone under the age of 18;

(e)          harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(f)          interfere with or interrupt the supply of our App, or any other person’s access to or use of our App; 

(g)          introduce any viruses or other malicious software code into our App; 

(h)         use any unauthorised or modified version of our App, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our App;

(i)           attempt to access any data or log into any server or account that you are not expressly authorised to access;  

(j)           use our App in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;

(k)          reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law);

(l)           use Output from the Services to develop models that compete with us;

(m)        use any automated or programmatic method to extract data or Output from the Services, including scraping, web harvesting, or web data extraction;

(n)         represent that Output from the Services was human-generated when it is not, or otherwise violate any usage policies provided to you by us;

(o)         use any unauthorised or modified version of our Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Services;

(p)         attempt to access any Output data or log into any server or account that you are not expressly authorised to access;

(q)         circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or

(r)          access or use our App to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

6.           Availability, Disruption and Downtime

6.1         While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

6.2         Our Services (including our App) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

6.3         We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.  

7.           Intellectual Property and Data

7.1         We own all intellectual property rights in our Services (including our App). This includes how our App looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our App.

7.2         We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

7.3         You may provide input to the App and receive output generated and returned by the App based on the input (Output).

Your Data

7.4         You are solely responsible for all of Your Data that you choose to upload to the chat function in the App. However, we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

7.5         When you provide Your Data to our App, you must ensure that you have the permission to share any information you enter into the App, and do not disclose any Personal Information or information that is otherwise protected by privacy or data protection laws.

7.6         As between the Parties and to the extent permitted by applicable law, you own (or hold a licence to) all content that you input. We do not own any of Your Data, but when you enter or upload any of Your Data into our App, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a)          supply our Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Services), and otherwise perform our obligations under these Terms;

(b)         diagnose problems with our Services;

(c)          improve, develop and protect our Services;

(d)         send you information we think may be of interest to you based on your marketing preferences or location;

(e)          perform analytics for the purpose of remedying bugs or issues with our App; or

(f)          perform our obligations under these Terms (as reasonably required).

7.7         You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

7.8         You are responsible for (meaning we are not liable for):

(a)          the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and

(b)         backing up Your Data.

7.9         When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

7.10      If you do not provide Your Data to us, it may impact your ability to receive our Services.

Outputs

7.11      We own all Intellectual Property Rights in all Outputs.

7.12      Subject to your compliance with these Terms, we grant you a non-exclusive, irrevocable, worldwide, sublicensable and transferable right and licence, to use the Output generated by our Services.

7.13      You acknowledge that we may use the Output to train, provide and improve our Services and/or the App and to supply our Services and/or the App to our other clients (subject to clause 7.9).

7.14      You agree that it is your responsibility to evaluate the accuracy and appropriateness of any Output for your use case in accordance with clause 8.

8.           Artificial Intelligence Disclaimers and Exclusions

8.1         When you use our Services, you should be aware of the limitations of the information our AI Service uses to produce Output. You acknowledge and agree:

(a)          the information used by our Services to produce Output has been provided to us by you (as Your Data) and by third parties;

(b)         while we strive to create a positive experience, we do not manually review all inputs used by the App; and

(c)          we have no belief one way or the other as to whether the information used by our AI Service is correct and we have not verified the accuracy, relevance, and application of the information to your personal circumstances.

8.2         Our App uses advanced language technology to be your digital friend. While it aims to be helpful and supportive, you acknowledge and agree that:

(a)          the App provides friendly conversation and general information. It's not a substitute for professional advice or real human relationships;

(b)         the App is not a substitute for mental health support, counselling, or therapy;

(c)          your chats may be similar to other users' conversations, as the App tries to be a consistent friend to everyone;

(d)         the App may give you unreliable or inaccurate information due to language processing limitations, and it is your responsibility to discern what information you will act upon. We are not liable for any decisions you make as a result of an output from the App;

(e)          as AI technology is constantly evolving, the chatbot may occasionally say things that don't reflect real people, places, or facts; and

(f)          you are responsible for verifying any crucial information and seeking human advice for important decisions or concerns.

9.           Confidential Information and Personal Information

9.1         While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users (if applicable in your account), employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

9.2         However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

9.3         We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

9.4         You must only disclose Personal Information to us if you have the right to do so .

9.5         We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

9.6         Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

10.        Consumer Law Rights

10.1      In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

10.2      Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

10.3      If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our App is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.

11.        Liability

11.1      To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: 

(a)          your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

(b)         any use of our Services by a person or entity other than you or your Authorised Users.

11.2      Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: 

(a)          neither we or you are liable for any Consequential Loss;

(b)         a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(c)          (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d)         our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000. 

12.        Suspension and Termination

12.1      We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our App). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

12.2      We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Subscription will be cancelled) if:

(a)          you fail to pay your Subscription Fees when they are due;

(b)         you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; or

(c)          you or your Authorised Users breach these Terms and that breach cannot be remedied.

12.3      You may terminate these Terms if:

(a)          we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b)         we breach these Terms and that breach cannot be remedied, and

if you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.

12.4      You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 13.8), and if you have a Subscription, termination will take effect at the end of your current Subscription Period. You will not be issued a refund for any Subscription Fees by terminating your access under this clause 12.4.

12.5      Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

12.6      Termination of these Terms will not affect any other rights or liabilities that we or you may have. 

13.        General

13.1      Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

13.2      Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

(a)          where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

(b)         where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

13.3      Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

13.4      Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

13.5      Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

13.6      Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

13.7      Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

13.8      Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

13.9      Survival: Clauses 7 to 12 will survive the termination or expiry of these Terms.

13.10    Third Party Sites: Our App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our App, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our App, or for featuring certain goods or services on our App. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our App.  

14.        Definitions

14.1      In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised Users may be granted with access.

Authorised User means a user that you have invited to use the App through your Account.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our App) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

App means our cloud-based app that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 2.1.

Subscription means the Subscription plan you have chosen through our App which you use to access certain features and benefits.

Subscription Fees means the fees you pay to us to access your chosen Subscription.

Subscription Period means the duration of your Subscription (such as monthly, annually, or as otherwise set out on our App).

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.