Terms and Conditions of Use of the psAico Service
Art. 1 – Introduction and definitions
This text governs the terms and conditions of use of the psAico service, a digital service accessible via the web and, where available, via the Apple or Google Play store, which uses artificial intelligence services provided via API by OpenAI and configured by the Data Controller to offer content oriented towards emotional well-being, personal reflection and the explanation of cognitive-behavioural strategies. To use psAico you need an internet connection and a web browser, or the mobile application when available. The answers to the most frequently asked questions can be found in the FAQ section of the site.
“User” means any natural person who accesses or uses the Service.
“Data Controller” means psAico S.r.l.s. a socio unico, with registered office at Via Pranzelores 87, 38121 Trento (Italy), VAT No. 02800830222, REA TN250850, SDI code M5UXCR1, email info@psaico.ai and certified email (PEC) psaico@namirialpec.it; it is also the controller of personal data under Regulation (EU) 2016/679.
"Chat" means the conversation between the User and the artificial intelligence system within the psAico service.
"Technical summary" means an automated summary of the conversation, generated by the system and useful for promoting continuity and coherence in the provision of the service.
"Data" means personal data and other information provided by the User or generated in the use of the service, belonging to the categories described in the privacy policy, including, depending on the functions used, account and profile data, Chat, Technical Summaries, questionnaires, technical and security data, authentication, notifications, subscriptions, assistance and newsletters.
The psAico service uses an artificial intelligence system to generate responses and content at the User's request, based on automatic language models. In compliance with applicable legislation, including transparency obligations relating to AI systems, the User is informed that the interaction does not take place with a human person but with an automated system and that the content generated is of an automatic nature, subject to potential errors, omissions or inaccuracies.
Art. 2 – Access requirements
The service is reserved exclusively for adults and legally capable of assuming contractual obligations. The User undertakes to register and use the service by providing complete, correct, updated and truthful data, as required by the registration, onboarding, security, purchase or subscription management forms.
Each User can access only one free trial, unless otherwise indicated by the Data Controller. The use of false identities, multiple accounts created in violation of these conditions or unauthorized automated tools is prohibited and may result in immediate suspension or termination of the service, without prejudice to any further right or action of the Data Controller within the limits of the law.
Art. 3 – Free trial, subscription, renewal, cancellation and withdrawal
The free trial allows the use of the Service for up to 20 (twenty) minutes in total within the first 24 (twenty-four) hours of registering the account. Once this deadline has elapsed, or the available time has expired, the Service will be suspended. The free trial ends automatically and does not transform into a paid subscription: activation of the subscription requires a choice and express confirmation by the User.
The subscription has the price, duration and commercial terms shown to the User before purchasing on the site or digital store used. On the date of publication of these Terms, the standard web offer is equal to €12.99, VAT included, for each monthly billing period, unless promotions or different conditions are clearly indicated before purchase.
The subscription is activated immediately after confirmation of payment and is automatically renewed for subsequent periods of the same duration, unless cancelled before renewal. The use of the Service by subscribed Users is permitted for up to 4 (four) hours for each rolling period of 7 (seven) days, unless different conditions are indicated in the commercial offer, in the app or in the account area.
Cancellation prevents subsequent renewals, but does not normally lead to reimbursement of the period already paid and not used. The Service remains available until the expiry of the current period, unless the right of withdrawal is exercised in the first 14 (fourteen) days, a refund request is accepted by the store or other cases provided for by law.
For subscriptions purchased through the site and paid through Stripe, cancellation can be made from the account area. For subscriptions purchased through the App Store or Google Play, payment, renewal, cancellation and possible refund are managed through the functions and according to the conditions of the relevant store, without prejudice to the mandatory rights recognized to the User by law.
Canceling your subscription and deleting your account are distinct operations. For web subscriptions, deletion of the account also determines the termination of subsequent renewals. However, deleting the psAico account does not automatically lead to the cancellation of a subscription purchased through the App Store or Google Play: before deleting the account, the User must manage or cancel the subscription using the functions of the relevant store. Deletion of the account determines the termination of access to the Service and, except as provided by law or by the store, does not give the right to a refund of the period already paid.
Pursuant to articles 52 and following of the Consumer Code, the User acting as a consumer can withdraw from the subscription within 14 (fourteen) days of its conclusion, without having to provide any reason. Previous use of the free trial does not replace or reduce this period, which starts from the conclusion of the subsequent paid subscription contract.
The subscription is made available immediately after purchase. For web subscriptions, by selecting the "Subscribe and activate now" command, the User requests that the provision of the Service begins during the withdrawal period. If you subsequently exercise your withdrawal, you will be required to pay the subscription fee proportional to the time during which the Service was made available, calculated on the price and duration of the billing period purchased. The Data Controller will interrupt access to the Service upon receipt of the withdrawal and will refund the remaining part of the price.
For subscriptions purchased through the App Store or Google Play, the right of withdrawal and refund requests must be exercised through the procedures made available by the relevant store. The outcome, amount and methods of reimbursement are determined by the store in accordance with its own conditions and applicable law. The Data Controller cannot directly refund amounts collected by the store, but provides the User with the information necessary to use the relevant procedure.
For web subscriptions, the withdrawal can be exercised by means of an explicit declaration sent to info@psaico.ai or to the PEC psaico@namirialpec.it.
The Data Controller confirms without undue delay the receipt of the withdrawal on a durable medium and, for web purchases, makes the refund due within 14 (fourteen) days from the date on which it was informed of the User's decision, using the same payment method used for the purchase, unless otherwise expressly requested by the User.
Art. 4 – Nature, limitations and transparency of the service
psAico is an automated service for information, support and self-help purposes, oriented towards emotional well-being and personal reflection and inspired by principles of cognitive-behavioural psychology. It does not constitute a health service or a medical device, does not replace psychotherapy or the support of a qualified human professional and does not provide clinical judgments, diagnoses, prescriptions or other healthcare activities reserved by law.
The User is informed that he is interacting with an automated artificial intelligence system and not with a human being. The system does not understand, evaluate or perceive in a human sense, but processes inputs and generates outputs in an automated and probabilistic way. The content generated may contain errors, omissions or inaccuracies and is not guaranteed to be absolutely accurate or reliable.
Any personal decisions or actions taken based on interactions with the service remain the responsibility of the User. To the extent permitted by law, the Data Controller is not responsible for choices, actions or consequences deriving from the improper use of the service, from incorrect interpretations of the contents generated or from the intrinsic limits of the artificial intelligence systems and third-party technological services used.
Any use or attempted use of the service for illicit purposes, harmful to the rights of others or potentially harmful to people or property is prohibited and may result in the suspension or interruption of the service, without prejudice to the mandatory rights of the User. The User is also required to maintain appropriate and respectful language.
Art. 5 – Emergencies and critical situations
psAico does not provide emergency services. In case of immediate danger, contact the emergency services immediately: 112 in European Union countries; 911 in the United States and Canada; 999 in the UK; 000 in Australia. If you are in another country, call the local emergency number.
Conversations are not monitored in real time by human operators and the system is not guaranteed to recognize every critical situation. psAico does not independently contact or alert emergency services, authorities, family members or other people on behalf of the User: it can only provide automated indications and invite the User to ask for help. Activating emergency services therefore remains the responsibility of the User or anyone who is with them.
Art. 6 – Data processing, third party services and ownership
The personal data provided by the User or generated during the use of the service are processed by the Data Controller in compliance with the GDPR and as described in the privacy policy of the service.
The User can insert into the Chat data belonging to the special categories provided for by Article 9 GDPR. Their processing is based on the User's explicit consent and is necessary for the essential functionality of psAico. The revocation of consent therefore involves the cessation of use of the service and can be exercised by deleting the account or contacting the Data Controller, without prejudice to the lawfulness of the processing carried out before the revocation.
To generate responses and Technical Summaries, psAico uses artificial intelligence services provided by OpenAI via API. Before sending, the service applies minimisation, scrubbing and context reduction measures aimed at limiting the presence of direct identifiers and unnecessary information. These measures reduce the risk of identification, but do not guarantee complete anonymization of the contents freely inserted by the User.
For end-user accounts, API calls are configured with store=false, without requiring OpenAI to store prompts and responses. OpenAI can however generate technical and security logs for the prevention of abuse, stored according to the provider's policies and applicable obligations. The Data Controller does not use conversations to independently train its artificial intelligence models.
In relation to the functions used, the data may be processed by authorised personnel and by service providers belonging to the following categories: AI services; infrastructure and security; digital payments and stores; email and push communications; assistance; analytics and marketing, the latter within the limits of the consent required; other authorised subjects within the limits of their respective duties. Some service providers may involve processing or transfers of data outside the European Economic Area, including the United States, in compliance with Articles 44 et seq. of the GDPR and the applicable guarantees.
Complete Chat messages are retained for a maximum of 30 days. After this deadline, the system may retain a Technical Summary associated with the account, useful for promoting continuity of the experience and operation of the service, until the conversational memory or account is deleted. Clearing the memory deletes messages, Technical Summaries and user questionnaires from the database. Only technical logs necessary for operation, security or fulfillment of applicable obligations may remain.
Deletion of the account also involves the automatic termination of the newsletter subscription and the removal of personal data that can be deleted. Only the data required by legal, fiscal and accounting obligations or necessary to document the management of the request can be stored, in a limited form or deprived of unnecessary identifiers. Any residual data present in the backup copies, which are encrypted and subject to rotation, are overwritten within a maximum of 7 days.
The User can delete the conversational memory, delete the account and exercise the rights provided by the privacy legislation according to the methods indicated in the privacy policy.
Trademarks, logos and contents of the service are the property of the Data Controller or their respective owners and are used within the limits of the applicable licenses. All rights reserved.
Art. 7 – Changes to these Terms
The Data Controller may modify these Terms and Conditions for justified regulatory, technical, security, functional or commercial needs. Each version indicates its date of update and effective date.
Changes that are merely formal, editorial or otherwise not disadvantageous for the User may come into force with publication on the official website of the service. Substantial or disadvantageous changes are communicated in advance via email or other service channel, with reasonable notice and indication of the effective date. When required by law or by the nature of the modification, the Data Controller requests a new express acceptance.
The User who does not intend to accept a substantial or disadvantageous modification can cancel the subscription before its entry into force, without further costs, without prejudice to the amounts already accrued and the User's mandatory rights.
Art. 8 – Contacts
For any information, request or report relating to the service you can contact support at info@psaico.ai. For formal requests regarding privacy, the PEC psaico@namirialpec.it is also available.
Art. 9 – Service availability and disruptions
The Data Controller undertakes to guarantee, as far as reasonably possible, continuity of the service, but the User acknowledges that temporary interruptions may occur due to scheduled maintenance, technical updates or unforeseeable problems related to third parties, infrastructure or network. In such cases, unless otherwise provided by law or by the conditions of the purchase channel, no automatic refund is provided; However, the Data Controller undertakes to intervene as quickly as possible to restore full operation of the system.
Art. 10 – Automated processes
The service uses automated processes to generate responses, apply security and privacy controls, manage usage counters and technical limits, and enable certain features. These processes do not independently suspend or limit the account, do not involve binding automated decisions and do not produce automatic legal effects or similarly significant effects pursuant to Article 22 of Regulation (EU) 2016/679. Any decisions to suspend or interrupt the service are not adopted solely on the basis of an automated process and may be subject to a request for assistance by the User.
International Addendum to psAico Terms and Conditions
1. Purpose, scope and precedence
This Addendum supplements the psAico Terms and Conditions and applies to users residing outside Italy who download or use the mobile application distributed through the Apple App Store or Google Play.
For these users, the psAico subscription is offered exclusively through the relevant digital store. The website does not constitute a subscription sales channel outside Italy. Any technical access to the Service via the web does not change the channel in which the subscription was purchased and does not allow the subscription to be transferred from one store to another channel.
In case of conflict:
- the mandatory provisions of the law applicable to the user prevail;
- for the application license and for payment, invoicing, renewal, cancellation and refund, the mandatory conditions of the store used also apply;
- subsequently this Addendum prevails;
- for anything not governed by this Addendum, the general Terms and Conditions of psAico remain applicable.
Nothing in this Addendum limits the mandatory rights recognized to the consumer in their country.
2. Territorial availability
psAico is available exclusively in the countries and territories selected by the Data Controller in digital stores, supported by essential technology service providers and in which the applicable obligations can be respected.
The presence of the app listing or the technical possibility of downloading it does not guarantee that registration, purchase or use of the Service is permitted in all places. The Service is not available:
- in the United States of America;
- in Brazil;
- in countries or territories not supported by essential technology providers;
- in territories subject to sanctions, embargoes or legal restrictions incompatible with the provision of the Service;
- in countries in which a mandatory mandatory preliminary requirement has not been completed.
You must not use virtual private networks, false information or other tools to deliberately circumvent territorial restrictions.
psAico may prevent registration, purchase or access from an unsupported or suspended territory, even if the application was previously downloaded or the account was created in another country. Any rights relating to an already paid period recognized by law or by the store remain unaffected.
3. User requirements
The Service is intended exclusively for persons who are at least 18 years of age and can validly conclude a contract under applicable law.
By creating an account, the user declares:
- that you are at least 18 years old;
- that you have the legal capacity required by applicable law;
- that you have provided accurate and up-to-date information;
- that you are not in a territory in which the Service is not available;
- that you are not subject to restrictions that legally prevent you from using the Service;
- to use psAico exclusively for personal and lawful purposes.
4. Nature and limits of the Service
psAico is an artificial intelligence system intended for psychoeducation, self-reflection and emotional well-being.
psAico:
- is not a person;
- is not a psychologist, psychotherapist, doctor or other healthcare professional;
- does not establish a professional or healthcare relationship;
- does not diagnose;
- does not prescribe treatments or medications;
- does not replace psychologists, psychotherapists, doctors or other qualified professionals;
- is not an emergency service;
- must not be used as the sole source for medical, legal, financial, employment, insurance or other decisions likely to produce significant consequences.
Responses are automatically generated and may be inaccurate, incomplete, out of date or not suited to your specific situation. The user must evaluate them critically and, when appropriate, contact a qualified professional.
The qualification of the Service also depends on the functionalities actually offered and cannot be modified by a contractual clause. psAico may limit or suspend a feature in a particular country when necessary to comply with local regulations relating to healthcare, medical devices, artificial intelligence, safety or consumer protection.
5. Emergencies and dangerous situations
In the event of immediate danger to the user or to another person, the user must stop using psAico and immediately contact the emergency number of the country where they are located or go to the nearest emergency service.
psAico:
- does not continuously monitor conversations;
- does not guarantee to identify emergency situations;
- cannot locate the user with certainty;
- cannot automatically contact family members, professionals or emergency services;
- must not be used to request urgent interventions.
Any emergency numbers and resources shown in the app are for informational purposes. The user must check that they are appropriate for the place where they are located.
6. Artificial intelligence and technical service providers
To generate responses and Technical Summaries, psAico uses artificial intelligence services provided by OpenAI via API.
Before sending, the Service applies minimisation, scrubbing and context reduction measures aimed at limiting the presence of direct identifiers and unnecessary information. These measures reduce the risk of identification but do not guarantee complete anonymization of the contents freely inserted by the user.
The user acknowledges that:
- the answers are produced probabilistically;
- identical or similar responses can be generated for different users;
- the outputs may contain errors, omissions or outdated information;
- psAico does not guarantee the originality or exclusivity of any output;
- the availability of the Service also depends on third-party infrastructures and service providers;
- certain functions may be modified, limited or suspended for technical, legal, security or user protection reasons.
The processing of personal data is governed by the Privacy Policy and the relevant global Addendum.
7. Mobile Application License and Platform Terms
The application is licensed and not sold to you.
For the version distributed through the Apple App Store, the application license is subject to Apple's Standard End User License, unless a different valid license is expressly indicated in the app listing. For the version distributed via Google Play, the relevant Google Play terms of use and licensing rules apply.
The license allows personal, limited, non-exclusive, revocable and non-transferable use of the application on devices permitted by the store rules. Distribution, sublicensing, resale, unauthorized automated access, reverse engineering and other uses prohibited by the General Terms are prohibited, except as strictly permitted by law.
These Terms govern your account, features, content and services provided by psAico. The store conditions also govern the relationship between the user and the platform.
Except as required by law or applicable platform terms, Apple and Google are not responsible for providing the psAico services, AI-generated responses, or content support on the Service.
You must comply with third-party terms applicable to your use of the application, including those of your network operator and device operating system.
8. Free trial, subscriptions, payments and renewal
The conditions of the free trial and the limits of use of the Service are those described in the General Terms and Conditions and in the offer shown in the app. The psAico free trial does not automatically transform into a paid subscription: the purchase requires a choice and express confirmation from the user in the store.
Before confirming the purchase, the store displays or makes available:
- price and currency;
- any applicable taxes;
- length of the billing period;
- content of the offer;
- conditions of automatic renewal;
- any additional information required by local law.
The subscription purchased through the Apple App Store or Google Play is charged to the account used in the store and is automatically renewed for subsequent periods of the duration shown, unless cancelled within the deadline indicated by the platform.
psAico does not sell subscriptions through the website to users residing outside Italy and does not ask such users to transfer payment outside the store used for the purchase.
Receipts, currency, conversion, taxes collected by the platform and other aspects of payment are handled according to the store conditions and applicable law.
9. Cancellation, withdrawal and refunds
The user must manage or cancel the subscription through the same store used for the purchase:
- in your Apple account settings for a purchase made through the App Store;
- in the Google Play Subscriptions section for a purchase made through Google Play.
Uninstalling the application and not using the Service does not cancel your subscription.
The cancellation prevents subsequent renewals and normally takes effect at the end of the period already paid for. It does not normally lead to an automatic refund for the unused part, without prejudice to the right of withdrawal, remedies for lack of conformity, store rules and other mandatory rights provided for by applicable law.
Withdrawal or refund requests relating to amounts collected by Apple or Google must be initiated through the procedures made available by the relevant store. The outcome and operating methods are determined by the platform according to its own conditions and applicable law. psAico provides the necessary information and cooperates in managing the request within the limits of the tools made available to the developer, but cannot reimburse an amount collected by the store off-platform.
When applicable law recognizes a right of withdrawal, cancellation, refund, price reduction or other mandatory remedy, this right remains fully effective even if the standard conditions of the store provide otherwise.
10. Account deletion and subscription cancellation
Cancellation of the psAico account and cancellation of the subscription in the store are distinct operations:
- to stop renewals, the user must cancel the subscription in the store used for purchase;
- to delete the account and related data, the user must use the account-deletion function available in the Service;
- canceling the subscription does not automatically lead to the deletion of the account;
- deleting the account does not automatically cancel the subscription purchased through the App Store or Google Play;
- deleting the account does not necessarily lead to a refund of the period already purchased.
Before permanently deleting the account, the user must check the status of the subscription and, if necessary, cancel it in the store. Deletion of the account determines the termination of access to the Service even if a paid subscription period remains, except as otherwise required by law or permitted by the store.
11. User-provided content
The user retains any rights held on the texts and information he inserts into the Service.
The user grants psAico, for the time and within the limits necessary for the provision of the Service, a non-exclusive license to receive, process, minimize, store, technically reproduce, transmit to the appointed service providers and delete the contents provided, exclusively for the purposes described in the Terms and in the Privacy Policy.
The user must not enter content:
- illicit;
- harmful to the rights of third parties;
- obtained or disclosed without authorization;
- covered by secrecy obligations incompatible with their inclusion in the Service;
- containing unnecessary personal data of third parties;
- intended to harm, threaten or harass other people.
12. Outputs generated by the Service
To the extent permitted by law and without prejudice to the rights of third parties, the user may use the output generated in response to their requests for personal purposes.
The outputs:
- are not guaranteed to be unique or exclusive;
- may be similar to content generated for other users;
- may contain inaccurate, incomplete or non-original elements;
- must not be presented as professional advice;
- must be checked before any relevant use.
psAico does not transfer to the user rights to trademarks, contents, works or materials belonging to third parties.
13. Prohibited uses
It is prohibited to use the Service to:
- illegal, fraudulent or deceptive activities;
- threaten, harass or harm other people;
- impersonate professionals or third parties;
- create or disseminate content that violates the rights of third parties;
- collect personal data of other people without authorization;
- circumvent usage limits, territorial controls or security measures;
- access the Service using unauthorized automated systems;
- carry out scraping, massive extraction or resale of outputs;
- reverse engineer, disassemble or attempt to reconstruct the operation of the Service, except as strictly permitted by law;
- use psAico as an emergency service;
- use the Service as the sole basis for critical decisions regarding other people.
14. Suspension, termination and modifications
psAico may limit or suspend your account when reasonably necessary to protect you or others, prevent fraud or abuse, protect the security of the Service, comply with legal obligations, enforce territorial restrictions or address material violations of the Terms.
When reasonably possible and unless this jeopardizes safety or is prohibited by law, psAico informs the user of the suspension and the related reasons and allows you to contact support.
psAico may modify the Service or this Addendum for technical, regulatory, organizational, security or functionality evolution reasons. Material or adverse changes will be communicated with reasonable notice via email, in-app notice or other appropriate means. When required by law, psAico requests a new acceptance.
The modifications do not retroactively limit rights already accrued and do not modify the commercial terms of an already paid period, except as permitted by law and store rules.
15. Non-excludable guarantees and rights
Nothing in the Terms or this Addendum excludes or limits:
- the mandatory rights of the consumer;
- legal guarantees relating to digital services or content;
- liability for willful misconduct or gross negligence, when not limitable;
- liability for death or personal injury when the law prohibits limitations;
- liability for fraud or fraudulent misrepresentation;
- any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, psAico does not guarantee that the Service will always be available, error-free or suitable for any specific user need.
In Australia and New Zealand, the mandatory guarantees and remedies provided by consumer protection legislation remain expressly unaffected.
16. Language and pre-contractual information
Translations are provided to allow users to understand the Terms in their own language.
When local law requires that the Terms, Privacy Policy or pre-contractual information be provided in a certain language, the sale must be activated only after such documents and the purchase flow have been made available in that language.
In case of interpretative differences, the Italian version prevails exclusively within the limits permitted by applicable law. The mandatory provisions of the law of the user's country and the linguistic versions that this law makes prevalent remain effective at all times.
17. Governing law, jurisdiction and complaints
The Terms and this Addendum are governed by Italian law, without prejudice to the mandatory consumer protection regulations applicable in the country of habitual residence of the user.
When applicable law requires it, the consumer user can bring an action before the courts of his place of residence or use the complaint and dispute resolution tools available in their country.
In other cases, the competent court is that provided for in the General Terms of psAico.
18. Severability and contact details
If any provision of this Addendum is declared invalid or unenforceable, the remaining provisions shall continue to have effect. The invalid provision is interpreted or replaced, to the extent permitted by law, in such a way as to achieve its original purpose as much as possible.
For questions, complaints or communications relating to the Service:
- psAico S.r.l.s. single shareholder
- Via Pranzelores 87 – 38121 Trento (TN) – Italy
- Email: info@psaico.ai
- PEC: psaico@namirialpec.it