1. Introduction

Welcome to Nea, the Artificial Intelligence (AI)-powered Enneagram Wellness Coach. Nea is here to support your wellness and personal growth journey by providing insights based on the Enneagram personality framework. These Terms of Use apply when you access or use Nea, whether through Dancing with Digital’s platforms, including The Culture Well and The Enneagram Well, or directly via AephoriaLab (Pty) Ltd ("We," "Us," or "Our"). By using Nea directly through us or through Dancing with Digital’s platforms, you agree to comply with these terms, forming a legal agreement between you and us, the provider of Nea to Dancing with Digital. 

2. Who we are

Nea is powered by AI to provide responses, support, and information to users in real-time. Nea is intended to: 

1. Provide personalised developmental tips and guidance based on the Enneagram personality types.
2. Assist with setting developmental goals, tracking progress, and offering tailored advice.
3. Offer insights and recommendations to support personal development, mindfulness, and well-being.

Nea is not a substitute for professional mental health or medical advice.

3. Eligibility and registration 

1. You must be at 18 years old  to use Nea. 
2. You may need to provide accurate and up-to-date information to use Nea. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. User conduct

To create a supportive environment, we expect users to follow these guidelines: 

1. Respectful communication. Interact with Nea in a manner that is polite and respectful. Avoid harmful language, harassment, or any inappropriate behaviour.
2. Personal responsibility. You are responsible for evaluating any advice or content provided by Nea. Ensure that any actions you take in response to the guidance are appropriate for your personal situation.
3. Compliance with laws. You agree to use Nea in compliance with all applicable laws and regulations.
4. Truthful information. Provide accurate and truthful information when interacting with Nea. Misleading or false information can compromise the quality of the guidance provided.
5. Privacy awareness. Respect your own privacy and that of others. Do not share sensitive personal information about yourself or others through the AI coach.
6. Appropriate use. Use Nea for its intended purpose as a developmental coach. Do not attempt to use it for unrelated or inappropriate purposes.
7. Reporting issues. Report any bugs, glitches, or concerning interactions to our support team promptly.

5. What you cannot do

By accessing or using Nea, you agree to refrain from the following actions:

1. Illegal or harmful activities. Using Nea for any illegal, harmful, abusive, or unethical purposes, including but not limited to fraud, harassment, spreading propaganda, and promoting or encouraging self-harm, suicide, or violence against yourself, others, animals, or property.
2. Criminal activity. Utilizing Nea to plan, organize, or commit any criminal offence or activity, including but not limited to fraud, cybercrime, or harassment. 
3. Violent and abusive behaviour. Employing Nea in any activity that promotes or leads to harm to others, such as advocating for self-harm, encouraging violence, developing or using weapons, or performing unauthorized activities that could threaten Nea’s security or functionality. 
4. Misuse of Nea’s output. Repurposing, distributing, or using output from Nea to deceive, defame, discriminate based on protected attributes, mislead, sexually exploit, or harass others, as well as to encourage hate, violence, or suffering. 
5. Misrepresentation of Nea’s output. Representing Nea’s responses as professional psychological, medical, legal, or financial advice or using it in a way that could mislead others into thinking it is professional advice. 
6. Unauthorized commercial use. Exploiting Nea, its outputs, or any part of the system for commercial gain without prior written authorization. 
7. Human and animal rights violations. Using Nea in any way that supports or encourages the violation or abuse of any human or animal rights. 
8. Operational disruption. Attempting to interfere with or disrupt the operations of Nea, including but not limited to hacking, unauthorized modifications, or injecting malicious code. 
9. Unauthorized account sharing or access transfer. Sharing, selling, or transferring access credentials or account details with any third party for any reason. 
10. Automated or bot interference. Using automated systems, scripts, or bots to interact with Nea unless explicitly authorised. 
11. Reverse engineering. Attempting to reverse-engineer, decompile, or extract Nea’s source code, algorithms, or any proprietary technology. 
12. Creation of derivative works. Creating any derivative works based on Nea or its components without obtaining explicit written permission. 
13. Transmission of malicious code. Using Nea to transmit viruses, malware, ransomware, or any other type of malicious software. 
14. System overload. Engaging in any activity that could overload or impair Nea’s infrastructure or impact its accessibility or performance for others. 
15. Harvesting information. Collecting or harvesting personal data, information, or content from other users without consent, in any manner. 
16. Impersonation and misrepresentation. Impersonating any individual, organization, or entity, or misrepresenting affiliations, qualifications, or endorsements in relation to Nea or its output. 
17. Circumvention of security measures. Attempting to bypass, disable, or interfere with any access control, security mechanisms, or protection measures that Nea uses to prevent unauthorized access.

6. Confidentiality and reporting obligations

1. User confidentiality. We treat all your inputs and interactions with Nea as confidential. Your privacy is a priority, and we are committed to protecting your personal information in line with applicable laws and these terms.
2. Data usage for improvement. To improve Nea’s quality and functionality, we may store and review conversations for up to 12 months. These records are not used to train AI models, but we may use information from inputs and outputs to enhance Nea’s performance and user experience. We recommend limiting sensitive or personal information in your interactions with Nea.
3. User rights to share content. You own the rights to your input and output and may share them freely at your discretion, as outlined in the Intellectual Property clause.
4. Limitation of liability for privacy breaches. We are not liable for any privacy breaches resulting from your decision to disclose confidential or sensitive information during your interactions with Nea.
5. Obligation to report. Despite our commitment to confidentiality, if we become aware of any user input that suggests a credible threat of harm to the user themselves or to others, we reserve the right and may have a legal obligation to report such information to appropriate authorities. This includes, but is not limited to:

   6.5.1. Threats of suicide or self-harm
   6.5.2.Threats of violence against others
   6.5.3.Indications of ongoing or planned criminal activities
   6.5.4. Abuse or exploitation of minors

6. No expectation of absolute privacy. While we respect user privacy, users should be aware that their communications are not privileged (as with a licensed therapist) and may be disclosed if required by law or to prevent harm.

7. Right to use and license terms

1. Right to use. We grant you a non-exclusive, non-transferable license to use Nea, along with any related documentation, for as long as you remain current with your service fee payments. Failure to maintain payment may result in suspension or termination of your license without further notice.
2. Your use. You agree to use Nea only for your own purposes and not to exploit them for your own commercial gain and to use reasonable care and protection to prevent the unauthorised use, copying, publication, or dissemination of Nea.
3. Security software. You should keep up-to-date security software on any systems used to access Nea.

8. Disclaimer and limitation of liability

1. Nea is provided "AS IS" without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all warranties, including but not limited to those of warranty of quality, fitness for a particular purpose, and non-infringement. We do not guarantee that Nea will be error-free, uninterrupted, or secure.
2. No professional advice. Nea is not a substitute for professional medical, psychological, or legal advice. Always consult with qualified professionals for specific concerns.
3. Accuracy. While we strive for accuracy, we do not guarantee the completeness, reliability, or accuracy of the AI's responses.
4. Limitation of liability. To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of Nea.
5. Indemnification. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of Nea or violation of these Terms.

9. Privacy and data protection

Our Privacy Policy explains how we collect, use, and protect your personal data. By using Nea, you confirm that you have read, understood and agree to be bound by the terms of our privacy policy at https://aephoriagroup.com/company-policies/.  

10. Intellectual property

1. You retain ownership of all intellectual property rights in your inputs and the outputs you receive from Nea. You are free to use, share, or modify your inputs and outputs as you wish, subject to these terms.
2. By using Nea, you grant us a license to use your inputs and outputs solely to operate, maintain, and improve Nea in compliance with applicable laws and our terms. This license does not affect your ownership rights, and similar output may be provided to other users due to the nature of AI technology.

11. Termination

We reserve the right to terminate or suspend your access to Nea immediately, with prior notice for any reason, including breach of these Terms. Upon termination, your right to use Nea will immediately cease.

12. General

1. Governing law. South African law governs this agreement.
2. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to either party’s right to institute any action in any other court having jurisdiction. 
3. Changes to terms. We may revise these Terms at any time. By continuing to access or use Nea after those revisions become effective, you agree to be bound by the revised terms.
4. Entire agreement. The agreement is the entire agreement between the parties on the subject.
5. Waiver. Any favour we may allow you will not affect any of our rights against you.
6. Severability. Any term that is invalid, unenforceable, or illegal may be removed from the agreement without affecting the rest of it. 
7. Survival. The termination, cancellation, or expiry of this agreement will not affect the enforceability of the terms that are intended to operate after expiry or termination.