Overview
These Terms & Conditions ("Terms") govern your access to and use of lenaathena.com and the Heard app (collectively, the "Services"), including all content, products, and services offered through them. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
The Services are intended for users who are 18 years of age or older. By using the Services, you confirm that you meet this requirement.
We may update these Terms at any time. Updates take effect immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review this page periodically.

Disclaimer
All content on the Services is for educational and informational purposes only. Nothing on the Services constitutes legal, medical, financial, or therapeutic advice. Heard is a communication practice tool, not a substitute for therapy or professional counseling. Use of the Services does not create a therapist-client, doctor-patient, attorney-client, or any other professional relationship.
The Services and all content are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Results from coaching, courses, or app use are not guaranteed. Individual outcomes vary.

AI-Generated Content Disclaimer
The Heard app uses artificial intelligence, including Claude by Anthropic, to generate practice conversations and coaching notes. AI-generated content may be inaccurate, incomplete, or not suited to your specific situation. You should not rely on AI-generated content as a substitute for professional advice.
Lena Athena makes no representations or warranties regarding the accuracy, completeness, or appropriateness of any AI-generated content. We are not responsible for any errors, hallucinations, or omissions in AI outputs, or for any actions you take in reliance on them.

Limitation of Liability
To the fullest extent permitted by applicable law, Lena Athena, its owners, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Services or any content provided through them, even if advised of the possibility of such damages.
In no event shall Lena Athena’s total liability to you for all claims arising out of or related to these Terms or the Services exceed the greater of: (a) the total amount you paid to Lena Athena in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Lena Athena’s liability shall be limited to the fullest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless Lena Athena, its owners, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit or transmit through the Services.

Force Majeure
Lena Athena shall not be liable for any failure or delay in the performance of the Services resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, internet or telecommunications outages, third-party platform or API failures (including Anthropic’s services), pandemics, government restrictions, or other events outside our control. In such circumstances, our obligations under these Terms will be suspended for the duration of the event.

Purchases and Payment
All purchases made through the Services, including app subscriptions, courses, and coaching programs, are final. We do not offer refunds once a purchase is made or a program has begun, except in cases of verifiable technical error resulting in a duplicate charge.
For coaching programs with recurring payments, future payments may be canceled with a minimum of 48 hours’ notice before the next billing date. Cancellation stops future charges only and does not entitle you to a refund of any amount already paid.
For app subscriptions, you may cancel at any time. Cancellation stops future billing and takes effect at the end of your current billing period. No partial refunds are issued for unused time within a billing period.
If you believe you have been charged in error due to a technical failure, contact hello@lenaathena.com within 30 days of the charge and we will investigate and resolve the issue.
Payments are processed through third-party payment processors. By completing a purchase, you also agree to the applicable payment processor’s terms of service.

Intellectual Property
All content on the Services, including the Kind Boundaries framework, course materials, app content, written content, and brand assets, is owned by Lena Athena and protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use purchased materials for your own personal, non-commercial use only. You may not copy, reproduce, modify, distribute, sell, sublicense, publicly display, or create derivative works from any content without our prior written permission.
Any unauthorized use of our intellectual property may result in immediate termination of your access to the Services and may subject you to legal liability.

Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate. You and Lena Athena agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by binding individual arbitration, not in court, except that either party may bring an individual claim in small claims court if it qualifies.
No Class Actions. You and Lena Athena agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Arbitration Rules. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or such other rules as mutually agreed. The arbitration will take place in California, or by video conference at your election. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to hello@lenaathena.com within 30 days of first using the Services. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration.

Governing Law
Except as modified by the arbitration clause above, these Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction in those courts.

Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, all licenses granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination will survive, including but not limited to: Disclaimer, Limitation of Liability, Indemnification, and Dispute Resolution.

Changes to These Terms
We reserve the right to modify these Terms at any time. The date at the top of this page reflects the most recent update. Your continued use of the Services constitutes acceptance of any changes. For material changes, we will make reasonable efforts to provide notice.

TERMS & CONDITIONS

This Privacy Policy covers lenaathena.com and the Heard app (collectively, the “Services”). It explains what data we collect, how we use it, and your rights regarding your information.

What We Collect
When you use the Services, we may collect the following:
  • Contact and account information: your name and email address.
  • App usage data: quiz answers, practice session content, conversation content, coaching notes, scenario customization responses, readiness scores, session history, referral source, push notification preferences, device type, and app version.
  • Billing information: your payment plan type and payment status. We do not store full credit card numbers or payment card details.
  • Website usage data: pages visited, time on site, and general browsing behavior, collected via Google Analytics.
  • Email communications: if you subscribe to our mailing list, we collect your name and email address through our email service provider.

How We Use Your Data
We use the information we collect to:
  • Operate and personalize your experience with the Services.
  • Improve the app and website.
  • Communicate with you about your account or purchases.
  • Send email communications you have opted into.
Your data is never sold to any third party.

Who Sees Your Data
Lena Athena and any team members working on the Services may access data to operate and improve them. All such team members are subject to confidentiality obligations.
Anonymized or aggregated data may be shared with partners or affiliates. This data cannot be used to identify you individually.
Google Analytics collects anonymized browsing data on our website. You can opt out via Google’s opt-out tools at tools.google.com/dlpage/gaoptout.
Our email service provider processes your name and email address solely to deliver communications you have requested. We select providers that maintain commercially reasonable data security practices.
Practice conversations in the Heard app are processed through Anthropic's API. Under Anthropic's commercial API terms, this content is not used to train Anthropic's models, and Anthropic retains API data only for a limited time before deleting it. Anthropic's own policies govern their systems, which we do not control. We recommend reviewing Anthropic's Privacy Policy at anthropic.com/privacy before using the Heard app.

Data Retention
We retain your personal data for as long as your account is active or as needed to provide the Services. If you close your account, we will retain your data for up to 12 months for legitimate business and legal compliance purposes, after which it will be deleted or anonymized, unless a longer retention period is required by law.
To request earlier deletion of your data, email hello@lenaathena.com. We will process deletion requests within 30 days.

Your Rights
You have the right to:
  • Request access to the personal data we hold about you.
  • Request correction of any inaccurate personal data.
  • Request deletion of your personal data.
To exercise any of these rights, email hello@lenaathena.com. We will process requests within 30 days.

California Residents — CCPA / CPRA
If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):
  • The right to know what personal information we collect, use, disclose, and sell.
  • The right to delete your personal information, subject to certain exceptions.
  • The right to correct inaccurate personal information.
  • The right to opt out of the sale or sharing of your personal information.
  • The right not to be discriminated against for exercising your privacy rights
We do not sell or share your personal information for cross-context behavioral advertising. To submit a request or designate an authorized agent to act on your behalf, email hello@lenaathena.com.
Note: Given the personal and sensitive nature of content you may share within the Heard app (which may touch on relationship dynamics, personal health, and emotional well-being), we treat all app conversation data with heightened care. We do not use this content for advertising purposes.

Children’s Privacy
The Services are not intended for users under the age of 18. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, contact hello@lenaathena.com and we will promptly delete it.

Security
We implement commercially reasonable technical and organizational measures to protect your personal information, including encrypted data transmission (TLS) and secure data storage. However, no method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security and are not responsible for unauthorized access resulting from circumstances beyond our reasonable control.
In the event of a data breach that is likely to result in risk to your rights and freedoms, we will notify affected users as required by applicable law.

Third-Party Links
The Services may contain links to third-party websites or services. We are not responsible for the privacy practices or content of those third parties. We encourage you to review the privacy policies of any third-party sites you visit.

AI Disclosure (Heard App)
  • How the AI works: Heard uses Claude, an AI assistant made by Anthropic, to power practice conversations. The AI role-plays as the person you are practicing with and generates real-time coaching notes based on Lena Athena’s Kind Boundaries framework.
  • What the AI is not: The AI is not a real person, therapist, or counselor. It is a communication practice tool designed to help you find your words before a real conversation happens. It does not replace therapy, medical advice, or professional counseling. Responses generated by AI may not be accurate or appropriate for your specific situation, and you should use your own judgment before relying on any AI-generated suggestion.
  • Lena’s coaching notes: The inline coaching notes you see during practice are generated by AI trained on Lena Athena’s Kind Boundaries framework. They represent Lena’s general approach but are not written by Lena in real time and should not be treated as personalized professional advice.
  • Data and Anthropic: Conversation content from the Heard app is processed through Anthropic’s API. Please review the "Who Sees Your Data" section and Anthropic’s Privacy Policy at anthropic.com/privacy for further information on how your data may be handled.

Privacy Policy

We may update this policy from time to time. When we do, we will update the date at the top of this page. For material changes, we will make reasonable efforts to provide notice. Your continued use of the Services after changes are posted constitutes your acceptance of the updated policy.

Changes to This Policy

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