Terms of Use

This version supersedes all prior Terms & Conditions published by Communication Band Ltd for the Ottavia service.

These Terms and Conditions ("Terms") are a contract between you and Communication Band Ltd, a company incorporated in England and Wales ("Ottavia", "we", "us"), governing your access to and use of the Ottavia mobile application, website and related services (the "Service"). By selecting the control presented to accept these Terms, you agree to them. If you do not agree, do not create or use an account or the Service.

These Terms should be read together with our Privacy Policy, which explains how we process personal information, including health-related information. Acceptance of these Terms is separate from any express consent requested for health-data processing or another purpose.

1. Who We Are, and Where Ottavia Is Available

1.1 Contracting entity

Ottavia is operated by Communication Band Ltd (England & Wales). References to "Ottavia" in these Terms mean the Service operated by Communication Band Ltd.

1.2 Availability

Ottavia is offered in the United Kingdom, the European Union, the United States, Australia and New Zealand, in English only. We may restrict availability in a particular country where local language or regulatory requirements cannot reasonably be met, and may add or remove countries over time.

1.3 Channels and eligibility

Ottavia may be made available through the Apple App Store, Google Play and direct web purchase using Stripe. The payment channel shown at checkout controls how that purchase is billed, managed and cancelled.

You must be 18 or older to create an account or purchase a subscription. Ottavia is not directed to, and must not be used by, anyone under 18.

2. What Ottavia Is (and Is Not)

2.1 Consumer wellbeing product

Ottavia is a consumer wellbeing application. It is not a medical device and does not provide a medical service. Ottavia does not diagnose or infer a medical condition, interpret your data against clinical reference ranges, recommend that you start, stop or change a medication or treatment, monitor a disease, assess medical risk, or generate proactive health alerts.

2.2 Not a substitute for professional advice

Ottavia is not a substitute for professional medical advice, diagnosis or treatment. You must not rely on Ottavia to self-diagnose, to make emergency decisions, or to start, stop or change any medication or treatment. Ottavia is not an emergency service and does not promise to identify emergencies or abnormal values. If you are experiencing a medical emergency, contact your local emergency services immediately.

2.3 Expert Lenses

Ottavia offers "Expert Lenses": AI personas informed by a named expert's knowledge, content, materials, methods and professional approach. When you use an Expert Lens, your response is generated by Ottavia's AI system, informed by that expert's knowledge and approach. The expert does not see you, your data, or your specific question; does not participate in, review or approve any individual response; and does not have a professional relationship with you.

Outputs must not be understood as the expert personally answering, reviewing or approving your response. No doctor-patient, therapist-patient, adviser-client or similar professional relationship is created between you and an expert by using Ottavia.

2.4 Quality of outputs

Ottavia does not promise that responses are always accurate, complete, current or consistent, and does not promise that every response has been individually reviewed by a human. We may use automated or sampled quality checks without that implying individualized review of your specific response.

3. Your Account, Consent and Your Data

3.1 Personal, individual account

Each Ottavia account is personal to you, non-transferable and may not be shared. At present, your health profile is for your own use only. Ottavia does not offer a systematic health profile for a spouse, child, parent or other third party.

3.2 Acceptance and consent

When you first use Ottavia, you will be asked to accept these Terms through an affirmative control. Where applicable law requires separate and express consent for health-data processing or another purpose, that consent will be requested through a legally distinguishable control, even if the controls appear in the same onboarding flow. Optional marketing consent is separate and is not required to use the Service.

3.3 Personal, non-commercial use only

Ottavia is for your personal, non-commercial use. You must not use it on behalf of patients, clients or employees, resell access, use automated or bulk querying, scrape content, or make the Service available to others, unless we expressly authorize it in writing.

3.4 Account security

You are responsible for keeping your account credentials confidential, for preventing unauthorized access to your account, and for telling us promptly if you believe your account has been compromised. To the maximum extent permitted by law, you are responsible for activity occurring through your account where that activity results from your act, omission, or failure to protect your credentials.

Nothing in this section makes you responsible for unauthorized activity caused by Ottavia's own breach of an obligation that cannot lawfully be excluded or transferred, including our own security failures. We may secure, restrict or suspend an account where reasonably necessary.

3.5 Suspension and termination for cause

We may restrict, suspend or terminate your account for breach of these Terms, abuse, fraud, circumvention of restrictions, unauthorized automated or commercial use, a security threat, a rights violation, other unlawful use, or a material risk to Ottavia, other users or third parties. We may act immediately, without a cure period or advance notice, where reasonably necessary for safety, security, fraud prevention, legal or regulatory compliance, rights protection, platform integrity, or a material risk to Ottavia, users or third parties. For an ordinary breach that does not require immediate action, we may give you a reasonable opportunity to fix the issue before taking irreversible termination action, where doing so is practical and legally appropriate.

3.6 How we contact you

You agree that we may send you contractual, legal, operational and security communications electronically, including by email, in-app notice, or push notification. We are not required to contact you by post unless the law requires it.

4. Subscriptions, Payment, Renewal and Cancellation

4.1 Subscription plans

Ottavia may offer monthly and annual subscriptions through the Apple App Store, Google Play or Stripe. The available plan, price, billing cycle, currency and payment provider are shown before purchase. We do not currently offer a free trial unless the purchase screen expressly states otherwise.

4.2 Automatic renewal

Subscriptions renew automatically for a further period of the same length unless you cancel before the renewal date. The purchase screen will clearly show that the subscription renews automatically, together with the price and billing cycle, before you subscribe.

4.3 Renewal reminders

We do not promise a reminder before each renewal. A reminder will be provided where required by applicable law or the rules of the payment provider used for the subscription.

4.4 Cancellation

You can stop future renewals using the cancellation method provided by the payment channel through which you subscribed: your Apple account, your Google Play account, or the Stripe/web account-management method made available to you. Cancelling normally takes effect at the end of the paid period and does not itself create an automatic pro-rata refund, except where applicable law or the payment provider's rules require otherwise.

4.5 Refunds and statutory rights

Payments are non-refundable except where mandatory consumer law, a statutory cancellation, conformity or remedy right, or the rules of the payment provider used for the purchase require otherwise. A discretionary refund or credit in one case does not create a general policy or precedent.

If you are a consumer in the UK or EU/EEA, you may have statutory cancellation or withdrawal rights. Those rights, including any rules concerning immediate supply of digital content or services and any resulting payment or refund entitlement, apply as required by law and are not reduced by these Terms.

4.6 Price changes

We may change subscription prices. A price change will not apply to a period you have already paid for, and will take effect, at the earliest, from your next renewal. We will provide reasonable advance notice of a price increase before it applies so you can cancel before the new price is charged, except where a different notice or consent process is required by applicable law or by the app store.

4.7 Expert and lens availability

Purchasing a subscription does not guarantee that a particular expert, Expert Lens, content set or feature will remain available permanently. We may suspend, remove, replace or discontinue any of them. If we remove or discontinue the specific paid Expert Lens to which you are actively subscribed during a paid period, we will provide a proportionate remedy as required by law and app store rules, which may include a pro-rata credit or refund for the remaining paid period, an option to switch to another available lens, or another fair remedy. We do not guarantee that any expert will remain available for a minimum period.

5. Your Content, AI Outputs and Intellectual Property

5.1 Your content

You keep whatever rights you have in the information and content you provide to Ottavia. We do not claim ownership of your health data or original content. You confirm that you are entitled to provide the content and data you submit, and you must not knowingly submit unlawful content, or another person's personal or health data, without an appropriate legal basis or permission.

5.2 Licence you grant us

You grant Ottavia the rights we need to store, process, copy, analyze, transmit to our service providers, personalize, secure, quality-control, develop and improve the Service using your content, in each case subject to your consent, our Privacy Policy and applicable law.

5.3 AI outputs

We do not warrant that you own the AI-generated outputs Ottavia gives you, or that they are unique. You receive a broad, personal, non-exclusive right to use outputs for your own personal purposes, and you are responsible for how you use or share an output outside the Service. You may not sell outputs, exploit them systematically, build a database or a competing service from them, or present an output as an expert's personal, individually written or approved response.

5.4 Our intellectual property

Ottavia's software, models, Expert Profiles, and other technology we build are owned by Communication Band Ltd or our licensors, subject to any underlying rights in expert-supplied source material. You receive a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use.

5.5 Feedback and output complaints

We may investigate feedback about an output, and may remove or change an output, a source, a feature or a lens, and adjust the system in response. Taking corrective action is not an admission of error, negligence or liability. We are not required to investigate or respond to every complaint, except where the law requires it.

5.6 Your indemnity to us

We do not ask you for a blanket indemnity covering everything you upload or submit. However, to the maximum extent permitted by applicable law, you will indemnify Ottavia against third-party claims, losses, liabilities and reasonable costs arising from: your material breach of these Terms; unlawful or unauthorized use of the Service; infringement of a third party's rights for which you are responsible; or your fraud, abuse or intentional misconduct.

6. Acceptable Use

In addition to §3.3, you agree not to: reverse-engineer, decompile, or attempt to extract Ottavia's underlying models, prompts or source data; introduce malware or attempt to gain unauthorized access to Ottavia's systems; use the Service to build or train a competing product; or interfere with the normal operation of the Service.

7. Disclaimers and Limitation of Liability

7.1 No warranty

To the maximum extent permitted by law, Ottavia is provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not promise uninterrupted availability of the Service or of any particular feature, source, expert or integration.

7.2 Limitation of liability

To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Service is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim, and we exclude liability for indirect or consequential loss, lost profits, lost opportunity, loss of data and similar losses, except where such loss cannot lawfully be excluded. For Australian consumers, nothing in this section excludes, restricts or modifies rights or remedies under the Australian Consumer Law, including consumer guarantees under Part 3-2, to the extent those rights or remedies cannot lawfully be excluded, restricted or modified.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud. Your statutory rights as a consumer are not affected.

7.3 Third-party services

To the maximum extent permitted by law, we are not responsible for the content, accuracy, availability, security, policies, products, services, or acts or omissions of third parties we use, link to or integrate with (including Apple, Google, and our AI and infrastructure providers). Using or integrating with a third-party service is not our endorsement of it or an assumption of responsibility for it.

7.4 Events outside our control

We are not liable for a failure or delay caused by an event reasonably outside our control, including failures or outages of AI, cloud, API, app-store, payment or communications providers and other third parties; cyber incidents not caused by our own breach; government action; a change in law or regulation; and war, terrorism, civil disorder, strikes, epidemics, natural disasters and power failures. The event need not have been unforeseeable.

7.5 Claim period

A claim must be brought within the time allowed by applicable law. Nothing in these Terms shortens a mandatory limitation period or a non-excludable consumer remedy.

8. Changes to the Service and These Terms

8.1 Changes to the Service

We may add, change, replace or remove features, models, AI providers, integrations, Expert Lenses and other components of the Service, and may change or discontinue all or part of it. We do not promise a fixed feature set or a specific AI provider.

8.2 Changes to these Terms

We may update these Terms from time to time. We will give notice of a material change in the manner and within the timeframe required by applicable law and, where circumstances reasonably permit, before it takes effect; we will only require your fresh consent where the law or the nature of the change requires it.

8.3 Discontinuing the Service

We may discontinue the Service, in whole or in part. Where circumstances permit, we will give reasonable notice, and will handle paid subscriptions as required by applicable law and app store rules.

9. Governing Law and Disputes

9.1 Governing law

These Terms are governed by the laws of England and Wales, without prejudice to any mandatory consumer-protection rules of the country in which you are habitually resident that cannot be displaced by agreement, which continue to apply to you notwithstanding this choice of law.

9.2 Jurisdiction

Subject to §9.1, the courts of England and Wales have exclusive jurisdiction over disputes arising from these Terms, except to the extent that EU, UK or other applicable consumer-protection rules give you the right to bring or defend proceedings in your own country, which right is preserved.

9.3 US users

If you live in the United States, Sections 9.1 and 9.2 apply only to the extent permitted by applicable federal and state law. You retain any rights that cannot be waived. These Terms do not require mandatory arbitration and do not waive participation in a class or representative proceeding.

9.4 Australia

For Australian users, §9.1 and §9.2 apply only to the extent they do not exclude, restrict or modify rights, remedies or protections that cannot be excluded under Australian law, including the Australian Consumer Law. Nothing in these Terms prevents you from bringing or defending proceedings in an Australian court for claims arising under non-excludable Australian law. These Terms do not require mandatory arbitration for Australian users and do not impose a class-action or representative-action waiver on Australian users.

10. General

10.1 Privacy

Our Privacy Policy describes how we process personal information, including health-related information, and is available at https://ottavia.band/privacy-policy.

10.2 Assignment

We may transfer this agreement, your account, your information and other service-related assets in connection with a merger, acquisition, asset sale, reorganization or change of control, subject to applicable law and the Privacy Policy. Where the transfer materially changes the Service or your rights, we will give reasonable notice where practical and you may cancel without penalty before the change affects you, subject to any mandatory law or app-store process that applies. You may not transfer your account or rights under these Terms to anyone else.

10.3 Severability

If a provision of these Terms is found unenforceable, the remaining provisions continue in effect. Where the law of a particular jurisdiction does not permit severing part of an unfair term, the term is instead void in its entirety in that jurisdiction, and the remaining Terms continue to apply.

10.4 Contact

Questions about these Terms can be sent to support@ottavia.band.