Terms of Service

Effective date: March 2025 · Last updated: March 2025

These Terms of Service (“Terms”) govern your access to and use of the Witness platform and related services. Please read them carefully before using our Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Witness platform and any related websites, applications, or services (collectively, the “Service”), you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service after any change to these Terms constitutes acceptance of the updated Terms.

2. Definitions

  • “Service” means the Witness platform, including our website, applications, coaching and feedback offerings, and all related features and content.
  • “User,” “you,” or “your” means the individual or entity accessing or using the Service.
  • “User Content” means any content you submit to the Service, including audio and video recordings, text, and metadata.
  • “Coach” or “Provider” means the independent professionals who provide feedback and coaching through the Witness platform.

3. Description of Service

Witness provides a platform that enables users to submit audio or video recordings of conversations or interactions for review by trained coaches. Coaches provide written or recorded feedback, insights, and educational guidance based on those submissions. The Service may include live coaching sessions, subscription plans, and add-on review credits as described on our website and in your account.

Important: Not Therapy or Clinical Treatment

The Service is educational and coaching-oriented. It does not constitute psychotherapy, counseling, medical advice, or clinical treatment. Witness is not a substitute for licensed mental health care, crisis intervention, or emergency services. If you are in crisis or need clinical care, please contact a licensed professional, call 988 (Suicide & Crisis Lifeline), or go to your nearest emergency room. See Section 8 for full disclaimers.

4. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for use in the United States; use from other jurisdictions is at your own risk and you are responsible for compliance with local laws.

5. Accounts and Registration

To access certain features, you must create an account and provide accurate, current, and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us promptly of any unauthorized access or use

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Service or other users.

6. User Content and Submissions

When you submit User Content (including recordings) to the Service, you represent and warrant that:

  • You have obtained all necessary consents from every person who appears in or is identifiable from the content, and you have authority to share the content with Witness and our coaches.
  • The content does not violate any applicable law or any third party’s rights (including privacy, publicity, or intellectual property rights).
  • The content does not depict or promote illegal activity, violence, abuse, or harm to minors.

You grant Witness and our coaches a limited, non-exclusive, royalty-free license to use, store, process, and transmit your User Content solely to provide the Service (e.g., to deliver feedback to you). We do not claim ownership of your User Content. Our use of your data is further described in our Privacy Policy.

We may remove or refuse to process User Content that we believe violates these Terms or poses a safety or legal risk, without liability to you.

7. Payment and Billing

Fees for subscriptions, sessions, and add-on services are described on our website and at the time of purchase. By providing a payment method, you authorize us to charge that method for all fees incurred, including recurring subscription fees until you cancel. Subscription fees are typically billed in advance (e.g., monthly or as specified in your plan). Prices are in U.S. dollars unless otherwise stated.

Cancellation and refunds: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period; you will retain access until then. Unless required by law or as stated in a separate offer, we do not guarantee refunds for partial periods or unused sessions; refund requests will be considered on a case-by-case basis. Contact us at hello@witness.care for billing or refund questions.

8. Important Disclaimers

Not therapy or clinical care. The Service provides coaching and educational feedback only. It is not psychotherapy, counseling, or medical or mental health treatment. Coaches on our platform are not necessarily licensed clinicians in your state, and the Service does not create a therapist-patient or doctor-patient relationship. Do not rely on the Service for diagnosis, treatment of mental health conditions, or crisis intervention.

Not for emergencies. The Service is NOT suitable for mental health emergencies, imminent risk of harm, suicidal ideation, domestic violence, or situations requiring immediate professional or emergency intervention. If you or someone else is in danger, call 988 (Suicide & Crisis Lifeline), 911, or go to the nearest emergency room. For ongoing mental health support, consider working with a licensed therapist; we may provide links to resources such as Find licensed therapy.

Coach independence. Coaches who provide feedback through Witness may be independent contractors. Witness facilitates the platform and matching; each coach is responsible for the quality and appropriateness of their own feedback within the scope of our policies.

9. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Infringe or misappropriate any third party’s rights
  • Upload content that is defamatory, harassing, abusive, or that promotes violence or illegal activity
  • Attempt to gain unauthorized access to the Service, other accounts, or our or our providers’ systems or networks
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service for any purpose that is harmful, fraudulent, or otherwise inconsistent with these Terms

We may suspend or terminate your access for violation of acceptable use or for any other reason that we believe is necessary to protect the Service or others.

10. Intellectual Property

The Service, including its design, features, software, text, graphics, logos, and other content (excluding your User Content), is owned by Witness or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from the Service or our intellectual property without our prior written consent. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use in accordance with these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITNESS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, COACHES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Witness and its affiliates, officers, directors, employees, coaches, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms or any applicable law, or (d) your violation of any third party’s rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

14. Termination

You may terminate your account at any time through your account settings or by contacting us. We may suspend or terminate your account or access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive (including Sections 10–13 and this sentence) will survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

You agree that any claim must be brought within one (1) year after the cause of action arises, or such claim is permanently barred.

16. Changes to the Terms

We may modify these Terms at any time. We will post the updated Terms on this page and update the “Last updated” date. For material changes, we will provide additional notice (e.g., by email or a prominent notice in the Service). Your continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the new Terms, you must stop using the Service.

17. Contact Us

For questions about these Terms or the Service:

Witness
Email: hello@witness.care

For privacy-related inquiries, see our Privacy Policy.