Terms of Service
1. Who these terms are between
These Terms of Service (“Terms”) are an agreement between you and Himanshu Pathak, an individual developer based in India, operating the Auserene app (“Auserene,” “we,” “us,” or “our”). Auserene is not yet incorporated as a company.
By creating an account or using Auserene, you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the app.
2. Beta / pre-release software
Auserene is currently offered as a pre-release beta (including via Apple’s TestFlight). That means:
- The app is a work in progress and may contain bugs, may change significantly, and may be unavailable or interrupted at times.
- Features may be added, changed, or removed without notice.
- We may reset, migrate, or delete data during the beta if needed, though we try hard to avoid it and to protect your content.
- We provide the app “as is”— see the disclaimers in §11.
We appreciate beta feedback; by sending it, you allow us to use it to improve Auserene without obligation to you.
If we introduce paid features later, separate terms or updates will explain pricing, billing, cancellation, and refunds before any charge applies.
3. Eligibility, children, and guardians
You must be at least 17 years old to use Auserene. By using it, you represent that you meet this requirement and that the information you give us is accurate.
Auserene is not directed to children. We do not knowingly allow anyone under 17 to create an account or knowingly collect their information. If we learn that someone under 17 has registered, we may terminate that account and delete the associated data. If you are a parent or guardian and believe a minor has used Auserene, contact us at hpatsvnit@gmail.com.
4. Your account
You’re responsible for your account credentials and for activity under your account. You can sign in with email and password or with Sign in with Apple. Keep your credentials secure and let us know at hpatsvnit@gmail.com if you suspect unauthorized use.
5. What Auserene is — and isn’t
Auserene is a journaling and reflection app with an AI companion and generated audio sessions. It is intended for personal reflection and well-being.
Auserene is not medical or mental-health care. It is not therapy, not counseling, not a medical device, and not a substitute for professional advice, diagnosis, or treatment. The companion does not assess, diagnose, or treat any condition. Do not rely on Auserene for medical or crisis support.
If you are in crisis or may be in danger, contact emergency services or a crisis line immediately. In the US, call or text 988(Suicide & Crisis Lifeline). If you are outside the US, contact your local emergency number or a crisis hotline in your country — you can find one at findahelpline.com.
6. AI-generated content
Auserene uses third-party AI models to generate text and audio. AI output can be inaccurate, unexpected, or inappropriate, and it does not represent professional advice or our views. You use AI-generated content at your own discretion. Our use of AI providers, and what we send them, is described in our Privacy Policy.
7. Dependence on third-party providers
Auserene relies on third-party providers for AI generation, voice, and infrastructure — including Anthropic, OpenAI, and Fireworks AI (language and embedding processing), ElevenLabs and Inworld AI (voice), and Google Firebase and Google Cloud (hosting and security). Their terms and policies may also apply to your use of Auserene.
We do not control these providers and cannot guarantee their availability, latency, or output. If a provider changes, limits, or discontinues its service, or changes its models or terms, parts of Auserene may change, degrade, or stop working, sometimes without notice.
8. Your content
You keep ownership of what you write and record in Auserene (“Your Content”). You grant us a limited license to store, process, and transmit Your Content solely to operate the app for you — including sending the minimum necessary content to the AI providers described in our Privacy Policy to generate and voice your sessions. We do not use Your Content to train our own models, and we do not sell it.
You’re responsible for Your Content and for not uploading anything unlawful or that infringes others’ rights.
9. Acceptable use
Don’t use Auserene to:
- break the law or harm others;
- attempt to access other users’ data, or our systems, without authorization;
- reverse-engineer, scrape, overload, or interfere with the service or its providers, except where such restriction is prohibited by law;
- misuse the AI features to generate unlawful content or to circumvent provider safeguards.
We may suspend or terminate accounts that violate these Terms.
10. Your data, deletion, and export
You can delete your account and all of your data at any time from within the app. When you do, we permanently delete Your Content from our active systems, including the encryption key that protects it, which makes that content unrecoverable. Deleted content may persist briefly in routine backups before it is purged in the normal backup rotation. We may retain limited records that do not identify you (such as aggregate usage statistics) and anything we are required to keep by law.
How we handle, retain, and delete your information — and how to request access to or a copy of it — is described in detail in our Privacy Policy.
11. Disclaimers
Auserene is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, secure, or that AI output will be accurate or suitable. This is especially true during the beta.
We use reasonable technical and organizational measures to protect Your Content, including encryption of sensitive content at rest, but no system is perfectly secure and we cannot guarantee absolute security.
12. Limitation of liability
To the fullest extent permitted by law, Himanshu Pathak will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising from your use of Auserene. Because Auserene is currently provided free of charge, our total liability for any claim relating to the app is limited to the greater of the amount you paid us in the past twelve months (which, during the free beta, is zero) or USD $50 (or its equivalent in your local currency).
Some jurisdictions don’t allow certain limitations, so some of the above may not apply to you.
13. Indemnity
You agree to indemnify and hold harmless Himanshu Pathak from third-party claims arising out of your misuse of Auserene, Your Content, or your violation of these Terms or applicable law. This obligation does not apply to claims caused by our own negligence or willful misconduct, or to anything we are responsible for under applicable law.
14. Force majeure
We are not responsible for any failure or delay caused by events beyond our reasonable control, including outages, changes, or discontinuation of third-party AI, voice, or cloud-infrastructure providers, internet or network failures, natural events, or government action.
15. Termination
You may stop using Auserene and delete your account at any time from within the app. We may suspend or end the service, or your access, at any time — particularly given the beta nature of the app. If we discontinue the service entirely, we will make reasonable efforts to give you advance notice and an opportunity to request a copy of Your Content before access ends, except where immediate action is required.
Sections that by their nature should survive termination (ownership, disclaimers, liability limits, indemnity, governing law) will survive.
16. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-laws rules. The courts located in Bengaluru, India will have exclusive jurisdiction over any dispute, except where applicable consumer-protection law gives you the right to bring a claim in your place of residence.
Nothing in these Terms limits any non-waivable statutory rights you have as a consumer under the law of your home jurisdiction.
17. App store terms
If you download Auserene from an app store such as Apple’s App Store, that store’s terms also apply to your use, and those terms are between you and the store. Nothing in these Terms is meant to override them.
The following apply where you obtained Auserene from the Apple App Store: these Terms are between you and Himanshu Pathak only, not Apple, and Apple is not responsible for Auserene or its content. Apple has no obligation to provide support or maintenance for Auserene. Apple is not responsible for any product warranties, claims of non-conformity, product-liability claims, or third-party claims that Auserene infringes intellectual-property rights; handling any such claims is our responsibility, to the extent required by these Terms and applicable law. You represent that you are not located in a country subject to a US-government embargo or designated as terrorist-supporting, and that you are not on any US-government restricted-parties list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Third-party links and resources
Auserene, including the companion, may sometimes reference external links or resources (for example, a crisis hotline or an outside source). We don’t control that content and aren’t responsible for it. Following any external link is at your own discretion.
19. General
If any provision of these Terms is found invalid or unenforceable, the rest remain in effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding Auserene and replace any prior understanding. You may not transfer your rights under these Terms; we may transfer ours in connection with a change in operator, with notice to you.
20. Changes to these Terms
We may update these Terms. If we make a material change, we’ll update the date above and, where appropriate, notify you in the app. Continued use after an update means you accept the revised Terms.
21. Contact
Himanshu Pathak, operating as Auserene
hpatsvnit@gmail.com