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Last Updated: March 31, 2026 | Version 4.0
BalanceAI, Inc. ("BalanceAI," "we," "us," or "our") makes the Barefoot mobile application (the "App") available subject to these Terms and Conditions ("Terms"). To create an account, you must affirmatively tap "I Agree" on the Terms acceptance screen presented during account creation. That action constitutes your express, written acceptance of these Terms and our Privacy Policy. If you do not agree, do not create an account or use the App.
We log the version number of the Terms you accepted and a timestamp at account creation. Your acceptance of any updated Terms will be similarly logged.
Our Privacy Policy is incorporated into these Terms by reference and is available at balance.ai/privacy and in the App under Settings → Legal.
Certain features — including research participation, benefit-sponsor access, and gift subscriptions — may be subject to additional terms presented to you at the time you access those features. Those additional terms supplement these Terms and control in the event of a conflict specific to that feature.
We will notify you of material changes at least 30 days before they take effect via email and in-App notice. Non-material changes take effect upon posting. Continued use after a material change takes effect constitutes your acceptance. If you disagree with a material change, you may delete your account as described in Section 12.1 before the change takes effect.
Barefoot is a mental health and emotional well-being application designed to support users in tracking and managing their emotional states through interactive experiences and mindfulness practices. The App includes:
The App includes AI-powered features, including a conversational interface and personalized recommendations ("AI Features"). Before using any AI Feature, you will be informed that you are interacting with AI and given the choice of whether to do so.
(a) Not a therapist or licensed professional. The AI Features are not a licensed therapist, psychologist, psychiatrist, counselor, or any other mental health or medical professional. No interaction with AI Features creates a therapeutic relationship, a patient–provider relationship, a duty of care, or any professional relationship of any kind.
(b) AI limitations. AI systems can produce inaccurate, incomplete, or contextually inappropriate outputs. The AI Features have not been validated as a clinical tool. Do not rely on any AI-generated output for medical, psychiatric, or mental health decisions. Always consult a qualified professional.
(c) Third-party AI infrastructure. The AI Features are powered in part by Anthropic (Claude). Conversations with the AI Features are transmitted to this provider for processing. See our Privacy Policy Section 3.1 for details.
(d) No FDA clearance. The AI Features have not been cleared or approved by the U.S. Food and Drug Administration (FDA) as a medical device or Software as a Medical Device (SaMD). Barefoot is a wellness application, not a medical application.
(e) EU AI Act. EEA users may have rights regarding AI systems under applicable EU law, including the EU AI Act. AI feature disclosures are in Section 6.
Your purchase of any subscription is not contingent on the delivery of any current or future functionality, features, or content. We may update, change, or remove features over the lifetime of your subscription.
You must be at least 18 years of age to use Barefoot. By using the App, you represent and warrant that you are at least 18 years old.
At account creation, you are required to confirm your age. If we discover that a user is under 18, we will promptly deactivate the account and delete associated personal data. If you are a parent or guardian and believe your child under 18 has created an account, contact us immediately at privacy@balance.ai.
By using the App, you represent that you have the legal capacity to enter into these Terms in your jurisdiction, your use does not violate any applicable law, and all information you provide is accurate.
To access the full App, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You may not register for more than one account. Notify us immediately at support@balance.ai of any unauthorized use of your account.
Deleting the App from your device does not delete your account or your data. To delete your account and data, use Settings → Account → Delete Account, or contact privacy@balance.ai with subject line "Account Deletion Request." See Section 12.1 for deletion timelines.
If your account is inactive for 24 consecutive months, we will notify you by email. If it remains inactive 30 days after that notice, we may deactivate the account after sending a final notice giving you the opportunity to reactivate or export your data.
Your account is personal to you and may not be sold, transferred, or assigned. Member accounts and subscriptions are non-transferable under any circumstance.
Barefoot may offer a free tier and one or more paid subscription tiers ("Subscription"). Pricing and features are described at balance.ai/pricing and in the App.
Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) at the then-current price, unless you cancel before the renewal date. By subscribing, you authorize BalanceAI (or our payment processor) to charge your payment method on a recurring basis.
California residents: Pursuant to Cal. Bus. & Prof. Code § 17600 et seq. (California Automatic Renewal Law): (a) automatic renewal offer terms will be clearly and conspicuously disclosed before purchase; (b) a confirmation of your subscription and its renewal terms will be sent to your email; and (c) a simple cancellation mechanism is provided as described in Section 5.3.
You may cancel at any time through Settings → Subscription → Cancel in the App, or through the App Store through which you subscribed. Cancellation takes effect at the end of the current billing period; paid access continues through that date.
App Store note: If you subscribed through Apple App Store or Google Play Store, billing is managed by Apple or Google and their refund policies govern.
You are entitled to one Free Trial. Free Trials convert automatically to a paid subscription at the end of the trial period unless canceled before conversion. To avoid being charged, cancel at least 24 hours before the trial ends.
[PLACEHOLDER — if applicable: gift subscription terms to be added here.]
If your access to the App is provided by an employer, health plan, university, or other sponsoring organization ("Benefit Sponsor"), additional terms from your Benefit Sponsor may apply and will control in the event of conflict with these Terms. Your access may terminate if your relationship with the Benefit Sponsor ends; we will use reasonable efforts to provide 7 days' notice where feasible.
We will provide at least 30 days' advance notice of price changes before they take effect, via email and in-App notice. If you do not cancel before the change takes effect, you accept the new pricing.
Unless required by applicable law or App Store policy, subscription fees are non-refundable. If you have concerns about a charge, contact us at support@balance.ai before disputing with your payment provider.
Our payment processor may receive updated payment card information from your card issuer to prevent interruption to your subscription. Your card issuer may provide an opt-out of this service; contact your issuer directly.
BAREFOOT IS NOT A MEDICAL SERVICE, MENTAL HEALTH SERVICE, OR SUBSTITUTE FOR PROFESSIONAL CARE OF ANY KIND. Nothing in the App — including any content generated by the AI Features — is intended to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical or mental health care. BalanceAI is not a licensed medical care provider. Barefoot is not a licensed mental health service.
Your use of the App, including any interaction with AI Features, does not create a therapeutic relationship, patient–provider relationship, fiduciary relationship, or any professional duty of care between you and BalanceAI or any of its AI systems, employees, or contractors.
Always consult a qualified, licensed mental health professional for any mental health concerns. Never disregard professional advice or delay seeking it because of anything you read or experience in the App.
Not all activities described in the App are suitable for everyone. Do not use the App while driving, operating heavy machinery, or performing any task requiring attention and concentration.
AI-generated content may be inaccurate, incomplete, or contextually inappropriate. The AI does not have access to your medical history, your clinician's records, or your personal clinical context. AI-generated content is not a substitute for professional evaluation. If you are an EEA user and wish to request human review of an AI-generated output, contact privacy@balance.ai with subject line "AI Human Review Request."
Barefoot has not been cleared, authorized, or approved by the U.S. Food and Drug Administration or any equivalent regulatory authority. BalanceAI makes no claim that Barefoot diagnoses, treats, cures, or prevents any medical or mental health condition.
Emergency services (U.S.): 911
988 Suicide and Crisis Lifeline: Call or text 988
Crisis Text Line: Text HOME to 741741
Veterans Crisis Line: Call 988, press 1; or text 838255
Trans Lifeline: 877-565-8860
International resources: iasp.info/resources/Crisis_Centres
The App and all content, features, functionality, software, design, graphics, audio, and other materials ("BalanceAI Content") are owned by or licensed to BalanceAI and protected by U.S. and international intellectual property laws.
"Barefoot," "BalanceAI," and associated logos, product names, and the look and feel of the App are trademarks of BalanceAI, Inc. and may not be copied, imitated, or used without our prior written permission.
Subject to your compliance with these Terms, BalanceAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial use.
You retain ownership of content you voluntarily submit through the App ("User Content"), including journal entries and typed responses.
By submitting User Content, you grant BalanceAI a limited, non-exclusive, royalty-free license to use, store, and process your User Content solely to: (a) provide the App and its features to you; (b) improve and maintain the App; and (c) fulfill our legal obligations.
This license does NOT permit BalanceAI to:
This license terminates upon completion of a valid account deletion request.
If you submit suggestions or feedback about the App ("Feedback"), you grant BalanceAI an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback. For clarity, emotional responses, journal entries, therapeutic session data, and health-related information you submit through the App's therapeutic features constitute User Content governed by Section 7.4, not Feedback.
If you believe your copyrighted work has been infringed in the App, contact our designated DMCA agent:
DMCA Copyright Agent — BalanceAI, Inc.
PO Box 772 Palo Alto, CA 94302, Attn: DMCA Agent
Email: dmca@balance.ai
BalanceAI has registered its DMCA agent with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2).
Your privacy is governed by our Privacy Policy, available at balance.ai/privacy and in the App under Settings → Legal. The Privacy Policy is incorporated into these Terms by reference.
By entering your phone number during account registration and checking the consent box, you expressly consent in writing to receive automated SMS/MMS messages from BalanceAI, including one-time passcodes (OTPs) and account security notifications. This written consent is required by the Telephone Consumer Protection Act (47 U.S.C. § 227). Consent is not a condition of using the App or of any purchase.
Messages include OTPs for authentication and account security alerts. Optional update and reminder messages are sent only if you separately opt in. SMS messages are sent from +1 408-341-9758.
Reply STOP to opt out of non-essential SMS messages. A confirmation will follow. Reply HELP for assistance, or contact support@balance.ai.
Standard message and data rates from your carrier may apply. Carriers are not responsible for delayed or undelivered messages.
Your phone number is used only as described above and is not shared with third parties for their marketing purposes. See Privacy Policy Section 19.1.
The App integrates with:
These Terms are between you and BalanceAI, not Apple, Inc. Apple has no obligation to provide maintenance or support. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary. Your use of the App must comply with the Apple Media Services Terms and Conditions.
These Terms are between you and BalanceAI only. Google LLC is not a party to these Terms and has no obligation or liability to you under them.
The App may link to third-party websites or services. We are not responsible for their content or privacy practices. Review their terms and privacy policies before use.
The App is intended for use in countries where it is legally available. You are responsible for compliance with local laws where you access the App.
You agree not to:
Deleting the App from your device does not delete your account or data. To delete your account, use Settings → Account → Delete Account, or email privacy@balance.ai with subject line "Account Deletion Request." Upon a valid request:
We may suspend or terminate your access for cause — including material breach of these Terms, fraudulent activity, illegal use, or conduct endangering safety — with notice where feasible. If your access is terminated by us without cause, you may receive a pro-rata refund of prepaid subscription fees.
Upon termination, your license to use the App ceases immediately. Sections 6, 7.1, 7.2, 7.4–7.6, 13–17, and 19 survive termination.
Following termination, your data will be handled per the Privacy Policy Data Retention Schedule. We will not sell or share your data following termination other than as required by law.
Research studies offered through the App are entirely voluntary and require your separate, explicit, informed consent — not covered by acceptance of these Terms. You will not be enrolled in any research without a distinct consent process.
Before participating in any research, you will receive: the study's purpose, procedures, and duration; sponsor identity; compensation details; how your data will be used, stored, and shared; IRB approval status; and confirmation that participation is voluntary and you may withdraw at any time without penalty.
You may withdraw from any research study at any time by contacting research@balance.ai. Withdrawal does not affect your right to use the App.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALANCEAI EXPRESSLY DISCLAIMS: ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT; WARRANTIES THAT USE OF THE APP WILL RESULT IN ANY IMPROVEMENT IN EMOTIONAL WELL-BEING OR MENTAL HEALTH; AND WARRANTIES THAT THE APP IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow exclusion of implied warranties, so the above may not fully apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALANCEAI AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR COST OF SUBSTITUTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF BALANCEAI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALANCEAI'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO BALANCEAI IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Nothing in this Section limits BalanceAI's liability for: (a) willful misconduct, gross negligence, or fraud; (b) death or personal injury caused by our negligence; (c) violation of applicable consumer protection laws that prohibit limitation of liability; or (d) any other liability that cannot be excluded or limited under California Civil Code § 1668 or other applicable mandatory law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BalanceAI and its officers, directors, partners, employees, and agents from and against any claims, disputes, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your access to or use of the App; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligations do not extend to claims arising from BalanceAI's own gross negligence or willful misconduct.
Before initiating arbitration, you must give BalanceAI an opportunity to resolve the dispute informally. Send a written notice to legal@balance.ai or BalanceAI, Inc., PO Box 772 Palo Alto, CA 94302, Attn: Legal, describing the nature of your claim and the relief sought. BalanceAI will have 30 days from receipt to attempt informal resolution.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the App — including privacy and data security claims — shall be resolved exclusively through binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards, except as modified here.
The arbitration shall take place in Palo Alto, California, or, for California consumers, at a location reasonably convenient to you under the JAMS Consumer Minimum Standards.
ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
TO THE EXTENT PERMITTED BY LAW, YOU AND BALANCEAI EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY CLAIMS SUBJECT TO THESE TERMS.
You may opt out of this arbitration agreement by sending written notice to legal@balance.ai with subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Your notice must include your full name and the email address associated with your account. Opting out does not affect any other provision of these Terms.
Either party may bring an individual claim in small claims court for disputes within that court's jurisdiction, so long as the case remains in small claims court and is not removed or appealed to a court of general jurisdiction.
Either party may seek emergency injunctive or other equitable relief from a court to prevent actual or threatened infringement of intellectual property rights. If you opt out of arbitration or if the arbitration agreement is found unenforceable, disputes shall be resolved exclusively in the state or federal courts in Santa Clara County, California.
If 25 or more individuals simultaneously initiate substantially similar arbitration demands against BalanceAI: (a) JAMS shall group the demands into batches of no more than 50 claims per batch; (b) the first batch shall proceed as a bellwether; (c) if bellwether claims remain unresolved, the parties shall negotiate in good faith on further procedures; and (d) BalanceAI shall pay JAMS administrative fees for each batch per the JAMS Consumer Minimum Standards.
Arbitration fees are allocated per the JAMS Consumer Minimum Standards. BalanceAI will pay all JAMS filing and administrative fees for claims below $75,000 unless the arbitrator finds the claim frivolous. Each party bears its own attorneys' fees, subject to any applicable statutory fee-shifting.
This arbitration agreement is governed by the Federal Arbitration Act. All other aspects of these Terms are governed by the laws of the State of California, without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
BalanceAI is committed to making the App accessible to users with disabilities and aims to conform to WCAG 2.1 Level AA standards where technically feasible. Contact support@balance.ai if you experience accessibility barriers; we will make reasonable efforts to address them.
These Terms, the Privacy Policy, and any separate feature-specific terms or research consent forms you have accepted constitute the entire agreement between you and BalanceAI regarding the App and supersede all prior understandings.
If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable; all remaining provisions remain in full force. The class action waiver in Section 17.3 is not severable from the arbitration agreement; if it is found unenforceable as to any claim, arbitration shall not apply to that claim.
BalanceAI's failure to enforce any right or provision on any occasion does not constitute a waiver.
You may not assign your rights or obligations under these Terms without BalanceAI's prior written consent. BalanceAI may assign these Terms in connection with a merger, acquisition, or asset sale, subject to the notice obligations in Section 19.5.
If BalanceAI is acquired or merged, your data may be transferred to the successor entity. We will provide at least 30 days' advance notice by email and in-App notification. California residents may request deletion of their personal information before any such transfer takes effect if the acquiring entity's intended use would be materially inconsistent with this Privacy Policy.
BalanceAI shall not be liable for delay or failure in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, or internet outages.
California residents may designate an authorized fiduciary to access digital accounts under the California Revised Uniform Fiduciary Access to Digital Assets Act. For information, contact legal@balance.ai.
You agree to comply with all applicable U.S. and international export control laws and regulations. You may not use or export the App in violation of U.S. export laws.
These Terms are written in English. Any translation is provided for convenience only. In the event of conflict, the English version controls.
BalanceAI, Inc.
PO Box 772 Palo Alto, CA 94302
| Purpose | Contact |
|---|---|
| General support | support@balance.ai |
| Privacy and data rights | privacy@balance.ai |
| Legal notices | legal@balance.ai |
| DMCA | dmca@balance.ai |
| Research | research@balance.ai |
| Arbitration opt-out | legal@balance.ai (subject: "Arbitration Opt-Out") |
Version 4.0 — March 31, 2026. Prior version (3.0, March 31, 2026) archived and available upon request.
