Terms of Service

1. Acceptance of Terms

By accessing and using the RootCalm application (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. Your continued use of the Service constitutes acceptance of any modifications to these Terms.

2. Nature of Service

2.1 Psychoeducational Services

RootCalm provides psychoeducational and self-help digital services informed by the ROOTS Method™ and evidence-based approaches including CBT, DBT and ACT. Depending on the product selected, the Service includes:

• Guided questionnaires, self-report measures and general educational recommendations
• Structured courses with written lessons, video content, quizzes, reflections, worksheets and progress tracking
• Court Compliance Programmes with a tiered 12-module curriculum, recorded time on task and identity-verification checkpoints
• Progress and compliance reports, completion certificates and public certificate verification
• Participant-controlled, read-only progress access for linked attorneys or supervising officers
• Optional facilitator-led group Q&A sessions and, for Tier 3, monthly asynchronous clinician check-ins

Court Compliance Programmes are educational programmes, not psychotherapy or forensic evaluations. The validated DAR-5 self-report measure may be used to describe change over time; CAMS-II identifies the clinical director's professional certification and is not administered to participants.

2.2 What This Service Is NOT

3. Medical and Professional Disclaimer

3.1 Crisis Situations

If you are experiencing any of the following, seek immediate professional help:

• Thoughts of harming yourself or others
• Severe, uncontrollable anger that leads to violence
• A mental health crisis or emergency
• Suicidal thoughts or intentions

In case of emergency: Call 10111 (Police), contact SADAG at 0800 567 567, or go to your nearest emergency room.

3.2 No Professional Relationship

Use of this Service does not create a doctor-patient, therapist-client, counselor-client, or any other type of professional relationship. No confidential, therapeutic, or advisory relationship is established by using this Service.

4. User Account and Responsibilities

4.1 Account Creation

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Provide false, misleading, or fraudulent information
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without authorization
• Share your account credentials with others
• Use the Service for commercial purposes without permission
• Attempt to reverse engineer or extract source code

4.3 Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian.

4A. Identity Verification for Court-Mandated Programmes

If you enrol in a court-mandated, probation, diversion, or other compliance programme, identity verification is a mandatory condition of enrolment and of certificate issue. This does not apply to our free tools, quizzes, or the standard Pro subscription.

4A.1 What You Agree To

• To complete a one-time identity document and liveness check at enrolment, through our verification provider
• To complete short facial re-match checks before key assessments and before certificate issue
• That the details you submit are true, current, and your own

4A.2 Proxy Completion Is Prohibited

You may not permit any other person to complete any part of a court-mandated programme on your behalf, share your login credentials, or present another person for a verification check. Doing so is a material breach of these Terms.

4A.3 Consequences of Breach

Where we have reasonable grounds to believe that another person completed the programme, or that a verification check was falsified, we may suspend your account, withhold or revoke a certificate (including retrospectively, so that it fails online verification), and — where the certificate has been submitted to a court, probation officer, or attorney — notify that recipient that the certificate has been revoked. No refund is payable in these circumstances.

4A.4 Consent and Privacy

Identity verification involves biometric processing, which we carry out only with your explicit consent, as described in section 6A of our Privacy Policy. If you decline or withdraw consent, you may still complete the course content, but we cannot issue a court-verifiable certificate.

4A.5 No Guarantee of Court Acceptance

Identity verification strengthens the evidentiary value of your certificate but does not guarantee that any particular court, prosecutor, or authority will accept an online programme. Always confirm acceptance with your attorney or probation officer before enrolling.

5. Assessment Data and Results

5.1 Accuracy of Information

The accuracy and usefulness of assessment results depend entirely on the honesty and accuracy of your responses. The Service cannot verify the truthfulness of your answers, and results are only as reliable as the information you provide.

5.2 No Guarantees

We make no guarantees, representations, or warranties about the accuracy, completeness, or usefulness of assessment results. Results are based on general psychological principles and may not accurately reflect your specific situation. Individual results may vary significantly.

5.3 Data Ownership

You retain ownership of your assessment responses and personal data. However, you grant us a limited license to use, store, and process this data solely for the purpose of providing the Service and improving its functionality.

6. Intellectual Property Rights

The Service, including all content, features, functionality, software, algorithms, and design elements, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• Download and print copies of your assessment results for personal use

6.2 Restrictions

You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any content from the Service except as expressly permitted in these Terms.

7. Limitation of Liability

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Service will be uninterrupted, secure, or error-free

We do not warrant that the Service will meet your specific requirements or that any errors will be corrected.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Service operators, developers, affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the Service

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of personal data as outlined in the Privacy Policy.

11. Payment, Refunds and Cooling-Off Period

11.1 Subscription Plans and Pricing

RootCalm offers the following subscription options:

• Pro Plan: Monthly or yearly subscription for access to premium features
• Court Compliance Plan: One-time payment for access to the court-mandated anger management program

Pricing is displayed in South African Rand (ZAR) for South African users and US Dollars (USD) for international users. All prices include applicable taxes unless otherwise stated.

11.2 Cooling-Off Period

If you exercise your cooling-off right within the 5 business day period:

• Your subscription or purchase will be cancelled immediately
• A full refund will be processed within 15 business days of your cancellation request
• Refunds will be made using the same payment method used for the original transaction
• Your access to premium features will be revoked upon cancellation

11.3 Refunds After Cooling-Off Period

After the 5 business day cooling-off period, refunds may be considered in the following circumstances:

• Technical issues: If persistent technical problems prevent you from accessing the Service
• Billing errors: If you were incorrectly charged or double-charged
• Court Compliance (not commenced): We may consider a discretionary refund request if no module has been started. This is not an automatic money-back guarantee and does not limit mandatory consumer rights.
• Court-refusal exception: A full programme-fee refund applies if the relevant authority refuses the programme for its content within 7 days of enrolment. This exception does not apply after acceptance or order, to participant misconduct, or to dissatisfaction with results.

11.4 Non-Refundable Items

The following are generally not eligible for refunds after the cooling-off period:

• Subscriptions where substantial use of premium features has occurred
• Court Compliance programmes where modules have been commenced or completed, except for the limited court-refusal exception in section 11.3
• Downloaded completion certificates or compliance reports
• Services that have been fully rendered

11.5 How to Request a Refund

To request a refund, please contact us at support@root-calm.com with the following information:

• Your registered email address
• Date of purchase
• Payment reference number (if available)
• Reason for refund request

We will review your request and respond within 5 business days. Approved refunds will be processed within 15 business days in accordance with the Consumer Protection Act.

12. Account Termination and Suspension

12.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features within the Service. Upon termination, your right to use the Service will immediately cease.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Technical or security reasons

12.3 Effects of Termination

Upon termination, all licenses and rights granted to you will immediately cease. Data retention after termination is governed by our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including liability limitations and dispute resolution provisions.

13. Modifications to the Service and Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13.2 Terms Updates

We may revise these Terms from time to time. The most current version will always be posted on this page with the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.

14. Governing Law and Dispute Resolution

14.1 Governing Law

For US customers, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, and disputes are subject to the competent state or federal courts serving Delaware. For South African and other non-US customers, these Terms are governed by the laws of the Republic of South Africa, including:

• Consumer Protection Act 68 of 2008 (CPA). Governing consumer rights and fair business practices
• Electronic Communications and Transactions Act 25 of 2002 (ECTA), governing electronic transactions and communications
• Protection of Personal Information Act 4 of 2013 (POPIA); governing the processing of personal information

Nothing in this section removes consumer rights that cannot lawfully be waived in the customer's place of residence.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiations within 30 days. If negotiations fail, you may:

• For US contracts, pursue an available remedy in the competent Delaware state or federal court
• For South African contracts, lodge a complaint with the National Consumer Commission at www.thencc.gov.za
• For South African contracts, contact the Consumer Goods and Services Ombud at www.cgso.org.za or pursue action in the appropriate South African court

14.3 Consumer Rights Protection

Nothing in these Terms limits rights that cannot lawfully be waived under applicable consumer-protection law. For South African contracts, this includes rights under the Consumer Protection Act. Mandatory consumer protections prevail over conflicting terms.

15. Miscellaneous Provisions

15.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, please contact us:

You may also contact the National Consumer Commission at www.thencc.gov.za or the Consumer Goods and Services Ombud at www.cgso.org.za if you are not satisfied with our response to your complaint.

17. Acknowledgment