Terms of Service

Acceptance of Terms

By accessing or using Colby, operated by REMOTAHEALTH.AI, LDA., a private limited company incorporated in Portugal (NIF 517700760), with registered address at Travessa da Estrada n.º 3, Lomar e Arcos, Braga 4705-255, Portugal ("we", "us", "our"), you agree to these Terms of Service. If you do not agree, please do not use the service.

What Colby Is

Colby is a voice-first emotional wellness companion. It listens and responds in real time using the latest in full-duplex conversational AI and accelerated reasoning — designed to feel like a real conversation, not a chatbot exchange. Colby is grounded in motivational interviewing, a clinically validated approach to supporting personal growth and self-reflection.

Colby is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with any questions about a medical or mental health condition.

Understanding AI Limitations

Colby uses large language model (LLM) technology to generate its responses in real time. While we design it carefully and ground it in evidence-based approaches, AI systems like Colby can produce responses that are inaccurate, incomplete, or contextually inappropriate — a phenomenon known as hallucination. This is an inherent characteristic of all current AI systems, including Colby.

What this means for you:

• Do not treat Colby's responses as facts. Anything Colby says about mental health, wellness, or your personal situation should be understood as supportive conversation, not clinical guidance.
• Do not delay or avoid seeking professional help based on anything Colby tells you. If Colby's response conflicts with advice from a qualified healthcare professional, follow the professional's advice.
• Do not interpret Colby's responses as a diagnosis, prognosis, or treatment plan. Colby is not capable of and does not perform any of these functions.
• Do not use Colby to make decisions in a crisis. If you are in emotional distress or danger, stop using Colby and call 112 or contact a crisis helpline at www.findahelpline.com.

We are transparent about these limitations because we believe you deserve to understand exactly what you are interacting with. If you ever receive a response from Colby that concerns you, please report it to us at francesco@askcolby.in.

Eligibility

You must be at least 18 years old to use Colby. By using the service, you confirm that you meet this requirement.

Pricing, Subscriptions, and Cancellations

Colby is currently available in a free beta. Paid subscription tiers will be introduced in the future. When they are, the following terms will apply:

• Subscription. Paid plans will be offered on an annual basis at the price communicated to you at the time of purchase, inclusive of any applicable taxes. Pricing will be shown clearly before any payment is taken.
• 14-day right of withdrawal. Under Portuguese consumer law (Decreto-Lei n.º 24/2014 on distance contracts) and EU Directive 2011/83/EU, you have the right to withdraw from a paid subscription within 14 days of purchase without giving any reason. To exercise this right, email francesco@askcolby.in within 14 days of your payment date. We will process a full refund within 14 days of receiving your withdrawal request, using the same payment method you used to subscribe.
• Cancellation after 14 days. After the 14-day withdrawal period, you may cancel your subscription at any time. Your access will continue until the end of your current billing period. We do not offer partial refunds for unused time after the withdrawal period has expired.
• Changes to pricing. We will give you at least 30 days' notice of any price changes by email before they take effect. Continued use of Colby after a price change constitutes acceptance of the new price.

Your Account

You are responsible for keeping your account credentials secure. If you believe your account has been compromised, contact us immediately at francesco@askcolby.in.

How You May Use Colby

You agree not to:

• Use Colby for any unlawful, harmful, or abusive purpose.
• Attempt to reverse-engineer, decompile, or extract the underlying models or source code.
• Transmit content that is threatening, harassing, or deliberately harmful.
• Use automated tools or bots to access the service without our written authorization.
• Misrepresent Colby as a licensed therapist, medical professional, or crisis service.

Not a Crisis Service

Colby is not designed for use in a crisis. If you or someone you know is experiencing a mental health emergency, please contact emergency services or a crisis helpline immediately. Resources are available at www.findahelpline.com.

Your Data

Your conversations with Colby belong to you. We do not sell your data, we do not share it with advertisers, and we do not use your conversations to train third-party AI models. For full details on how we handle your information, see our Privacy Policy.

Intellectual Property

All content, features, design, and technology behind Colby are owned by REMOTAHEALTH.AI, LDA. and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without prior written consent.

Disclaimer of Warranties

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Colby is provided "as is" and "as available." REMOTAHEALTH.AI, LDA. makes no warranties — express, implied, or statutory — regarding the service, including but not limited to:

• No guarantee of accuracy or completeness. Colby uses AI to generate responses. Like all AI systems, its outputs may be inaccurate, incomplete, or misleading in some instances. You must not rely solely on anything Colby says as a substitute for professional medical, psychological, or therapeutic advice.
• No guarantee of uninterrupted service. We cannot guarantee that Colby will be available at all times, free of errors, or that defects will be corrected.
• No guarantee of fitness for a particular purpose. Colby is a wellness companion, not a clinical tool. It is not designed to diagnose, treat, or cure any mental health condition.
• No guarantee of outcomes. Results vary between individuals. We make no promise that using Colby will produce any specific emotional, psychological, or behavioural outcome.

If you are experiencing a mental health crisis or emergency, stop using Colby and contact emergency services immediately by calling 112.

Limitation of Liability

To the fullest extent permitted by applicable Portuguese and EU law, REMOTAHEALTH.AI, LDA. shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of, or inability to use, Colby — including but not limited to loss of data, emotional distress, or lost opportunities.

Our total aggregate liability for any claim arising from your use of Colby shall not exceed the greater of: (a) the total amount you paid us in the twelve months preceding the claim, or (b) €50.

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our gross negligence or wilful misconduct
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under Portuguese consumer protection law (Lei de Defesa do Consumidor, Lei n.º 24/96) or EU mandatory consumer law

If you have any concerns about how Colby has affected you, please contact us at francesco@askcolby.in before taking any formal action.

Termination

We may suspend or terminate your access at any time if you violate these terms or if continued access poses a risk to the platform or other users. You may also delete your account at any time by emailing francesco@askcolby.in.

Indemnification

You agree to indemnify, defend, and hold harmless REMOTAHEALTH.AI, LDA., its founders, employees, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) brought by a third party that arise out of or relate to:

• your violation of these Terms of Service;
• your misuse of Colby, including using it in a way that causes harm to yourself or others;
• any false or misleading information you provide in connection with your use of Colby;
• your infringement of any third party's rights, including intellectual property rights or privacy rights; or
• your breach of any applicable law in connection with your use of Colby.

This indemnification obligation does not apply to claims arising from REMOTAHEALTH.AI, LDA.'s own gross negligence, wilful misconduct, or breach of these Terms. We will notify you promptly of any claim for which we seek indemnification and will give you the opportunity to participate in the defence of such a claim at your own cost.

If you believe a claim has been made against us in connection with your account, contact us immediately at francesco@askcolby.in so we can work together to address it.

Changes to These Terms

We may update these terms from time to time. If we make material changes, we will notify you by posting a notice on the site. Continued use after the update constitutes acceptance.

Governing Law

These Terms are governed by and construed in accordance with the laws of Portugal, including the Portuguese Civil Code and applicable European Union law, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms or your use of Colby that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Braga, Portugal, being the district in which REMOTAHEALTH.AI, LDA. (NIF 517700760, Travessa da Estrada n.º 3, Lomar e Arcos, Braga 4705-255, Portugal) is registered.

If you are a consumer resident in another EU member state, you may also benefit from any mandatory consumer protection provisions of the law of your country of residence that cannot be contractually excluded. Nothing in these Terms limits your rights under those mandatory provisions.

For any dispute or complaint, you may also contact us directly at francesco@askcolby.in before initiating formal proceedings. We will make every reasonable effort to resolve issues directly and promptly.

Contact

Questions about these terms? Reach us at francesco@askcolby.in or by post at:

REMOTAHEALTH.AI, LDA.

Travessa da Estrada n.º 3

Lomar e Arcos

Braga 4705-255

Portugal