Effective Date: 21 August 2025
Last Updated: 21 August 2025
Welcome, and thank you for your interest in Mer‑Tel Elektronik İletişim Hizmetleri Sanayi Ticaret Limited Şirketi on behalf of Pelago AI Inc. ("Pelago," "we," or "us") and our website at www.joinvoiced.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Pelago regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING PELAGO’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PELAGO’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PELAGO AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19 (Dispute Resolution and Arbitration), disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PELAGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
As part of the Service, Pelago enables users to have voice or text conversations with an AI‑powered companion (the “AI Companion”). The AI Companion may provide coaching, support, and other wellness information and guidance by providing outputs (“Outputs”) in response to users’ inputs, messages, or prompts (“Inputs”).
Pelago uses artificial intelligence to provide certain features of the Service, including the AI Companion and the Outputs. The technology is experimental, rapidly evolving, and may generate unexpected, inaccurate, or offensive content. You rely on any Output at your sole risk. Pelago is not liable for any Outputs, Inputs, or other content generated by the AI Companion.
The Service, including the AI Companion, provides general information only and is not a substitute for professional advice or services. Pelago is not engaged in rendering mental‑health advice, clinical psychology, therapy, or other medical advice. Your use of the Service does not create a therapist–patient or other treatment relationship. If you have questions about your symptoms or a medical condition, consult a licensed professional.
MEDICAL ATTENTION. IF YOU ARE HAVING SUICIDAL THOUGHTS OR PLANNING TO ACT ON SUICIDAL THOUGHTS, IF YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU HAVE A MEDICAL OR MENTAL‑HEALTH EMERGENCY OR ARE IN CRISIS, DISCONTINUE USING THE AI COMPANION IMMEDIATELY AND CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY.
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement, have not been suspended or removed, and that your use complies with all applicable laws. If you are an entity, the person accepting these Terms represents they have authority to bind the entity.
To access most features, you must register for an account and provide accurate, complete information, keeping it up to date. You are responsible for maintaining the confidentiality of your account and password and for all activities under your account. If you believe your account is no longer secure, notify us at hello@mertelapps.com.
Certain features may require fees. Unless otherwise stated, all fees are in U.S. Dollars and are non‑refundable, except as required by law. Payments are processed by Stripe, which collects and processes your information in accordance with its privacy policy.
Pelago may determine pricing for the Service and change fees, with advance notice before they apply.
You authorize Pelago to charge all sums for orders and subscriptions to the payment method in your account; Pelago may seek pre‑authorization.
Some features are offered on a subscription basis with automatically recurring payments. Your subscription begins on the first billing date, renews automatically for successive periods of the same duration, and will continue until canceled. Cancel before the renewal date to avoid further charges. Manage or cancel in‑app or by contacting hello@mertelapps.com.
Pelago may suspend or terminate access for unpaid amounts and may charge incidental fees related to chargebacks or collections.
Pelago may offer a limited free version; some features may be unavailable and usage may be capped.
Subject to your ongoing compliance, Pelago grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to install and use one object‑code copy of any Pelago mobile or downloadable app on a device you own or control, and to access and use the Service for your personal, non‑commercial use.
Except as impermissible to restrict under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) modify the Service; or (c) interfere with or circumvent any feature of the Service, including security or access controls. If you are prohibited by law from using the Service, do not use it.
If you provide suggestions or ideas (“Feedback”), you grant Pelago an unrestricted, perpetual, irrevocable, non‑exclusive, fully‑paid, royalty‑free license to use the Feedback for any purpose without obligation of attribution or compensation.
The Service and all materials therein (“Materials”) are owned by Pelago or its licensors and protected by law. Except as expressly authorized, you may not use the Materials. No implied licenses are granted.
The Service may provide tools to export information (including User Content) to third‑party services, allow account linking, or include third‑party buttons. By using such tools, you authorize Pelago to transfer information to the applicable third‑party service. Third‑party services and linked sites are not under Pelago’s control. Review their terms and privacy policies before sharing data.
The Service may include third‑party components under separate licenses. Nothing in these Terms limits your rights under those licenses.
Certain features permit you to submit content, including Inputs, audio (e.g., voice recordings), images, data, text, and other works (“User Content”). You retain rights in your User Content, subject to the licenses granted below.
You grant Pelago a worldwide, non‑exclusive, irrevocable, sublicensable, perpetual, royalty‑free, fully paid license to host, store, reproduce, modify, create derivative works, disclose, transmit, transfer, and distribute your User Content as necessary to (a) provide, operate, and improve the Service and other Pelago services; and (b) derive or generate information ("Service Data") such as technical logs, data, and learnings about use of the Service. Pelago may store, use, and process User Content in anonymized and aggregated form and use Service Data for internal business purposes and to improve and create its products and services and those of its affiliates.
You represent and warrant that you have necessary rights to submit User Content and grant the foregoing license; and that your User Content and its submission and use do not infringe or violate any third‑party rights, defame any person, or cause Pelago to violate law or require additional licenses or payments.
Pelago is under no obligation to edit or control User Content and disclaims any liability arising from it. Pelago may monitor the Service and may remove or disable access to any User Content without liability.
By installing our app, you agree to receive push notifications. Disable them in your device settings.
We may send emails about our products and services (and those of third parties). Opt out using the unsubscribe link.
You agree not to:
We may change these Terms from time to time. Revisions are effective immediately upon posting, except that, for existing users, material revisions will be effective 30 days after posting or notice unless otherwise stated. We may require acceptance of modified Terms to continue using the Service. If you do not agree, discontinue use of the Service.
These Terms are effective when you accept them or first use the Service and end when terminated as described here.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. Pelago may terminate these Terms or your account, or suspend or terminate access, at any time for any reason or no reason, with or without notice and without liability. You may terminate at any time by following in‑app instructions or contacting hello@mertelapps.com.
Upon termination: (a) your license rights terminate and you must cease use; (b) you are no longer authorized to access your account or the Service; (c) you must pay any unpaid amounts due prior to termination; and (d) Sections 2, 3, 7.3, 7.4, 9, 13.3, 14, 15, 16, 19, 20, and 21 survive. If your account was terminated for breach, you are prohibited from creating a new account.
Pelago may modify or discontinue all or any portion of the Service (including paid features) at any time, temporarily or permanently, without notice or liability.
To the fullest extent permitted by law, you will defend and indemnify Pelago and its affiliates and their respective owners, officers, employees, and agents (the “Pelago Entities”) from and against any third‑party claims and related liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or connected with your unauthorized use of the Service, your violation of these Terms or law, your violation of third‑party rights, or any dispute between you and a third party. We may assume exclusive defense and control of any matter subject to indemnification; you agree to cooperate with our defense.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PELAGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PELAGO DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OR CONTENT WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE OR PELAGO ENTITIES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES, DO NOT CONSTITUTE MEDICAL ADVICE, AND SHOULD NOT BE RELIED UPON FOR MEDICAL, THERAPEUTIC, DIAGNOSTIC, OR CLINICAL PURPOSES. YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PELAGO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF—OR INABILITY TO ACCESS OR USE—THE SERVICE OR ANY MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PELAGO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROVIDED IN SECTIONS 19.5 (COMMENCING ARBITRATION) AND 19.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PELAGO ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO PELAGO FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND (B) US$100. EACH PROVISION THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES, OR EXCLUDES DAMAGES ALLOCATES RISK BETWEEN THE PARTIES AND IS ESSENTIAL TO THE BASIS OF THE BARGAIN.
Except as described in Section 19.2 (Exceptions) and 19.3 (Opt‑Out), you and Pelago agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than court, allows more limited discovery, and is subject to very limited review by courts. This agreement includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after termination. Any dispute relating to the interpretation, applicability, or enforceability of this agreement will be resolved by the arbitrator.
YOU AND PELAGO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms limits either party’s right to: (a) bring an individual action in small‑claims court; (b) pursue an enforcement action through an applicable agency; (c) seek injunctive relief in court in aid of arbitration; or (d) file suit in court for an intellectual‑property infringement claim.
You may opt out within 30 days after agreeing to these Terms by sending a letter to: Pelago AI Inc., Attention: Legal Department – Arbitration Opt‑Out, 1007 N Orange St, 4th Floor, Suite #4194, Wilmington, Delaware 19801, including your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration. If Pelago receives your opt‑out, this Section 19 is void and exclusive jurisdiction and venue will be as set forth in Section 20.2.
This arbitration agreement is subject to the U.S. Federal Arbitration Act and will be administered by JAMS under the rules applicable to consumer disputes (the “JAMS Rules”), as modified by these Terms. See www.jamsadr.com.
Before initiating arbitration, a party must send a written notice of the dispute by certified U.S. Mail or FedEx (signature required) to Pelago AI Inc., 1007 N Orange St, 4th Floor, Suite #4194, Wilmington, Delaware 19801 (or by email only if no current physical address is available). The notice must identify the claimant, describe the dispute, and set forth the specific relief sought. The parties will try to resolve the claim directly; if not resolved within 30 days after receipt, either party may commence arbitration. Fees are governed by the JAMS Rules.
Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less and does not seek injunctive relief, you may choose document‑only, telephonic/video, or in‑person proceedings as provided in the JAMS Rules. The arbitrator must issue a reasoned written decision stating essential findings and conclusions.
Except as provided in Section 19.8 (No Class Actions), the arbitrator can award any relief available in court. If the arbitrator awards you an amount higher than the last written settlement offer made by Pelago before selection of an arbitrator, Pelago will pay you the higher of (a) the arbitrator’s award or (b) US$10,000. Judgment on the award may be entered in any court having jurisdiction.
YOU AND PELAGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If Pelago makes any substantive change to this arbitration provision, you may reject the change by written notice to the address above within 30 days of the change. Your account will be terminated, and the prior arbitration provision will survive.
If Section 19.8 or this entire Section 19 is found unenforceable, or if you opt out, then this Section 19 is null and void and the exclusive jurisdiction and venue described in Section 20.2 will govern.
These Terms, together with the Privacy Policy and any Additional Terms incorporated by reference, are the entire agreement between you and Pelago regarding the Service. You may not assign or transfer these Terms or your rights without our prior written consent; we may assign these Terms at any time without notice or consent. Mer‑Tel Elektronik İletişim Hizmetleri Sanayi Ticaret Limited Şirketi may novate, assign, or transfer these Terms at any time to Pelago AI Inc. and will endeavor to provide notice. Failure to require performance does not waive our right to require performance later. Section headers are for convenience only. “Including” means “including but not limited to.” If any part is invalid or unenforceable, the remaining parts remain in full force and effect.
These Terms are governed by the laws of the State of Delaware, without regard to conflict‑of‑law principles. You and Pelago submit to the personal and exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, for any lawsuit or court proceeding permitted under these Terms.
The Privacy Policy is incorporated by reference.
Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or certain features (the “Additional Terms”), all incorporated by reference.
By using the Service, you consent to receive certain electronic communications from us as described in the Privacy Policy. You agree that any notices, agreements, disclosures, or other communications we send electronically satisfy any legal communication requirements.
Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or +1‑800‑952‑5210 to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
We are under no obligation to provide support for the Service. Any support we choose to offer will be subject to our published policies.
The Service is intended for visitors located within the United States. We make no representation that materials included in the Service are appropriate or available for use outside the United States. Access from territories where such access is illegal is prohibited.
This section applies if you use our mobile application on an iOS device. You acknowledge that these Terms are between you and Pelago only, not Apple Inc. (“Apple”), and Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service and is not responsible for addressing claims by you or third parties relating to the Service, your possession or use of the Service, or any intellectual‑property infringement. You agree to comply with applicable third‑party terms when using the Service. Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them against you. You represent and warrant that you are not located in a country subject to U.S. Government embargo or designated as a “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties.