Legal
Effective: March 11, 2026 · Last updated: March 11, 2026
These Terms of Service ("Terms") govern your access to and use of Depth ("the Service"), operated by Profundum AI, Inc., a Delaware corporation ("Company," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy, all of which are incorporated by reference. If you do not agree, do not use the Service.
Profundum AI, Inc. is an AI company building tools for deep, facilitated human-AI collaboration. We develop and deploy AI-powered facilitation technology designed to challenge thinking, surface cross-domain connections, and support personal and professional development.
You must be at least 18 years old to use the Service. We do not knowingly collect personal information from anyone under 18. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you misrepresent your age to gain access to the Service, you are responsible for all consequences of that misrepresentation.
If you are using the Service on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to these Terms on the entity's behalf. In that case, "you" and "your" refer to both you individually and that entity.
To access the Service, you must create an account using a valid email address. You agree to provide correct, current, and complete account information. Our communications to you using your account information will satisfy any requirements for legal notices.
You may not share your account login information or credentials with anyone else. You may not make your account available to anyone else. You are responsible for all activity occurring under your account, and you agree to notify us immediately if you become aware of any unauthorized access.
You may close your account at any time by contacting us.
If you use an email address owned by your employer or another organization, your account may in the future be linked to the organization's enterprise account, and the organization's administrator may be able to monitor and control the account, including having access to your conversation data.
Depth is an AI-powered facilitated conversation platform. The Service uses artificial intelligence (currently powered by Anthropic's Claude models via their commercial API) to engage users in deep, structured conversations that may include:
The Service is not and does not provide therapy, counseling, medical advice, legal advice, financial advice, or any form of professional services. The AI is a facilitation tool, not a licensed professional. If you require professional services in any of these domains, consult a qualified professional.
If you are in crisis, contact the 988 Suicide & Crisis Lifeline (call or text 988) or your local emergency services. The Service is not a substitute for emergency services or crisis intervention.
All content generated by the AI — including but not limited to insights, connections, reframes, action items, deliverables, profile assessments, and session summaries — is produced by artificial intelligence and should be treated as such.
Depth builds a persistent profile of you based on your conversations. This profile includes patterns in your thinking, growth areas, recurring themes, and insights generated across sessions. By using the Service, you consent to the following:
This constitutes "profiling" under certain privacy laws. See Section 4 of the Privacy Policy for our full AI Profiling Disclosure.
You may request deletion of your profile data at any time by contacting us.
You retain ownership of any content you input into the Service, including messages, uploaded files, and other materials ("Inputs"). By using the Service, you grant Profundum AI, Inc. a non-exclusive, worldwide, royalty-free license to process, store, and transmit your Inputs solely for the purpose of providing and improving the Service.
Content generated by the AI in response to your Inputs — including insights, reframes, deliverables, profile assessments, and session summaries ("Outputs") — is provided for your personal use. As between you and Profundum AI, and to the extent permitted by applicable law, we assign to you our right, title, and interest (if any) in Outputs generated during your sessions. The legal status of AI-generated content ownership is evolving, and we make no guarantee of exclusive rights to Outputs.
The Service itself, including its design, facilitation protocol, system prompts, branding, user interface, and underlying technology, is the intellectual property of Profundum AI, Inc. and constitutes trade secrets and proprietary confidential information.
You may not:
Any unauthorized access to, extraction of, or attempt to reverse-engineer our proprietary technology will be treated as a violation of trade secret law (including the Defend Trade Secrets Act, 18 U.S.C. § 1836) and may result in immediate termination and legal action.
If you provide feedback, ideas, or suggestions for improvement ("Feedback"), you agree that we may use the Feedback however we choose without any obligation or payment to you. You have no obligation to provide Feedback.
To provide the Service, your data is processed by the following third parties:
Anthropic's data policy: Anthropic does not use data submitted via their commercial API to train AI models. Customer Content is treated as Customer's Confidential Information under Anthropic's Commercial Terms of Service.
Stripe: We do not store your payment card information. All payment card details are processed and stored exclusively by Stripe, which is PCI-DSS Level 1 compliant.
We do not sell your personal data. We do not share your data with advertisers. We do not use your conversations for marketing.
Paid subscriptions are billed monthly through Stripe. You are responsible for paying any applicable fees and taxes. By subscribing, you authorize us to charge your payment method on a recurring monthly basis.
AUTOMATIC RENEWAL NOTICE (CALIFORNIA BUSINESS & PROFESSIONS CODE § 17600 ET SEQ.): YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE UNLESS YOU CANCEL BEFORE THE END OF YOUR CURRENT BILLING PERIOD. YOU MAY CANCEL AT ANY TIME THROUGH THE STRIPE CUSTOMER PORTAL ACCESSIBLE FROM YOUR ACCOUNT SETTINGS. CANCELLATION IS EFFECTIVE AT THE END OF THE CURRENT BILLING PERIOD.
You may cancel your subscription at any time through the Stripe customer portal. The cancellation process is accessible from your account settings within the Service — you can cancel with the same ease with which you subscribed. Access continues through the end of the current billing period. No refunds are issued for partial months. Except as expressly provided in these Terms or where required by law, all payments are non-refundable.
If your payment method fails, we will attempt to charge it again up to three (3) times over a period of up to 14 days. If all payment attempts fail, your subscription may be downgraded to the Free tier. We will notify you via email before any downgrade takes effect. You are responsible for ensuring your payment method is current and valid.
Upgrades take effect immediately. Downgrades take effect at the next billing cycle.
We may increase fees for the Service. If we increase fees, we will provide you with at least 30 days' notice before the new fees take effect. Continued use of the Service after the fee change constitutes acceptance.
We will not be held liable for any errors caused by third-party payment processors used to process fees paid by you.
You agree to use the Service only in compliance with these Terms, our Acceptable Use Policy, and all applicable laws and regulations.
You agree not to:
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PROFUNDUM AI, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "PROFUNDUM PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO:
WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AS WE REASONABLY REQUEST.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROFUNDUM AI, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU.
You may stop using the Service at any time. You may close your account by contacting us.
We may suspend or terminate your access to the Service at any time without notice if we believe you have breached these Terms, if we must do so to comply with law, or if continued provision of the Service to you poses a risk to the Service or other users. If we terminate your access due to a Terms violation, you will not be entitled to any refund.
We may also terminate your account if you have been inactive for over one year and do not have a paid subscription. We will notify you before doing so.
Upon termination, your right to use the Service ceases immediately. You may request export or deletion of your data within 30 days of termination. After 30 days, we may delete your data.
Sections 5 (AI-Generated Content Disclaimer), 7 (User Content & Intellectual Property), 11 (Indemnification), 12 (Limitation of Liability), 13 (Disclaimer of Warranties), 15 (Dispute Resolution), 16 (Governing Law), 17 (General Provisions), and 18 (DMCA) survive any expiration or termination of these Terms.
Any dispute arising from these Terms or the Service ("Dispute") shall be resolved by final, binding arbitration conducted in English. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and shall take place in Delaware or, at our election, via teleconference or videoconference. Judgment on any award issued through the arbitration process may be entered in any court having jurisdiction.
EACH PARTY AGREES THAT THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN CONNECTION WITH THESE TERMS.
Notwithstanding Section 15.1, either party may bring an individual action in small claims court in the county where you reside (or, for us, in Delaware) if the dispute qualifies under that court's jurisdictional limits.
You may opt out of the arbitration and class action waiver provisions in Sections 15.1 and 15.2 by sending written notice within 30 days of your first acceptance of these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 16 (Governing Law). Opting out of arbitration will not affect any other provision of these Terms.
Nothing in this Section limits either party from seeking equitable relief (such as injunctive relief) in a court of competent jurisdiction. You agree that (a) no adequate remedy exists at law if you breach Section 7.3 (Our Content and Trade Secrets) or the Acceptable Use Policy; (b) it would be difficult to determine the damages resulting from such breach; and (c) a grant of injunctive relief provides the best remedy for any such breach.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to conflict of law principles. Any suits, actions, or proceedings related to these Terms that are not required to be resolved via arbitration will be instituted exclusively in the state or federal courts located in Delaware, and each party irrevocably submits to their exclusive jurisdiction.
These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other terms expressly incorporated by reference, form the entire agreement between you and Profundum AI, Inc. regarding the subject matter of these Terms.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce it later.
These Terms may not be transferred or assigned by you without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond the reasonable control of the party, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, power failures, internet or telecommunications failures, or failures of third-party service providers (including but not limited to Anthropic, Supabase, Stripe, or Vercel).
You may not export or provide access to the Service into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department's list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you are not such a person or entity and are not located in any such country.
We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Service, or to information provided to or collected under these Terms. We reserve the right, at our sole discretion, to report information from or about you, including Inputs and Outputs, to law enforcement where we believe in good faith that disclosure is necessary or appropriate.
We reserve the right to modify, suspend, or discontinue the Service or your access to the Service, in whole or in part, at any time. We will strive to provide reasonable advance notice of material changes, but there may be situations — such as preventing abuse, responding to legal requirements, or addressing security issues — where advance notice is not feasible. We will not be liable for any change to or suspension or discontinuation of the Service.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms. No person or entity other than you and Profundum AI, Inc. shall have any right to enforce any provision of these Terms.
Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Profundum AI, Inc. Neither party has the authority to bind the other or to incur obligations on the other's behalf. You are an independent user of the Service, not our client, patient, employee, or agent. The AI facilitation provided by the Service does not establish any professional-client relationship of any kind.
By creating an account, you consent to receive electronic communications from us, including emails regarding your account, authentication codes, service announcements, changes to these Terms, privacy notices, and billing information. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent does not affect your statutory rights.
We may occasionally send you promotional communications about the Service. You may opt out of marketing emails at any time by clicking the "unsubscribe" link in any promotional email or by contacting us. Opting out of marketing communications does not affect transactional or account-related communications (authentication codes, billing notices, Terms updates, security alerts).
We do not guarantee any specific level of availability or uptime for the Service. The Service may be unavailable from time to time due to maintenance, updates, technical issues, or circumstances beyond our control. We will make commercially reasonable efforts to minimize downtime but provide no service level agreement (SLA) unless separately agreed in writing.
Section headings in these Terms are for convenience only and have no legal or contractual effect.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
If you believe that content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:
DMCA notices should be sent to:
Profundum AI, Inc.
Attn: DMCA Agent
If you believe that content you submitted was wrongly removed, you may file a counter-notification with our DMCA Agent containing the information required by 17 U.S.C. § 512(g)(3).
We will terminate the accounts of users who are determined to be repeat infringers.
We may update these Terms from time to time. If we make material changes, we will notify you via the email address associated with your account at least 30 days before the changes take effect. If you continue to use the Service after the updated Terms take effect, you agree to the updated Terms. If you do not accept the updated Terms, you must stop using the Service.
For questions about these Terms, contact us at:
Profundum AI, Inc.
A Delaware Corporation