Document: Terms of Service
Version: 2.0
Effective: 2026-07-01
Last updated: 2026-05-16

Terms of Service

Version: 2.0-draft
Effective Date: 2026-06-01


LULL Terms of Service FOR ATTORNEY REVIEW AND APPROVAL

1. ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using the Lull application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User") and Rhetoric Innovations LLC ("Company," "we," "us," or "our"), a Missouri limited liability company.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST HAVE PARENTAL OR GUARDIAN CONSENT TO USE THIS SERVICE. IF YOU ARE UNDER 13 YEARS OF AGE, YOUR ACCOUNT WILL NOT BE ACTIVATED UNTIL VERIFIABLE PARENTAL OR SCHOOL CONSENT IS OBTAINED IN ACCORDANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA).

IF YOU ARE A SCHOOL STUDENT USING LULL THROUGH YOUR SCHOOL, ADDITIONAL TERMS IN SECTION 7 APPLY TO YOUR USE OF THE SERVICE, INCLUDING TERMS GOVERNING WHEN YOUR SCHOOL COUNSELOR MAY BE NOTIFIED OF CONTENT IN YOUR JOURNAL.

2. NATURE OF THE SERVICE — CRITICAL DEFINITIONS

2.1 What Lull Is

Lull is a private digital journaling and self-reflection tool. The Service provides:

2.2 What Lull Is Not — Explicit Disclaimers

LULL IS EXPRESSLY NOT ANY OF THE FOLLOWING:

The AI-assisted responses within Lull are generated by artificial intelligence technology. They are not provided by licensed mental health professionals, physicians, counselors, therapists, social workers, or any other licensed healthcare or mental health provider. NO LICENSED PROFESSIONAL RELATIONSHIP IS CREATED BY USE OF THIS SERVICE.

The psychological frameworks referenced in Lull's design (including but not limited to Motivational Interviewing principles, Cognitive Behavioral Therapy principles, Self-Determination Theory, and CASEL SEL competencies) inform the product's design philosophy only. They do not constitute the practice of any licensed profession, the delivery of clinical services, or the provision of evidence-based treatment.

2.3 Journal Content Is Not Protected Health Information

Journal entries and other content created within the Lull application do not constitute Protected Health Information (PHI) under HIPAA. Rhetoric Innovations LLC is not a Covered Entity or Business Associate under HIPAA in connection with the Lull journaling service. Users should not submit information to Lull with any expectation of HIPAA protection. For HIPAA-protected services, consult a licensed healthcare provider.

2.4 No Professional Relationship

Use of Lull does not create any professional relationship. Specifically:

2.5 Encouragement to Seek Professional Help

Lull is designed to complement, not replace, professional mental health care. We strongly encourage users experiencing mental health challenges, emotional distress, substance use issues, or any other condition requiring professional attention to seek care from a qualified licensed professional. If you are in crisis: emergency services (911), the 988 Suicide and Crisis Lifeline (call or text 988), or the Crisis Text Line (text HOME to 741741).

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Minimum Age

You must be at least 13 years of age to create a Lull account. Users under 13 may not create accounts without verifiable parental or school consent as described in Sections 3.2 and 7.

3.2 Users Under 13 — COPPA Compliance

In compliance with COPPA, 15 U.S.C. § 6501 et seq., Lull requires verifiable parental or school consent before collecting any personal information from children under 13. The procedures are:

Parents or guardians of children under 13 may at any time: (a) review personal information collected from their child; (b) request deletion of such information; (c) refuse to permit further collection or use; and (d) revoke consent by contacting hello@lulljournal.app.

3.3 Guardian Consent for School Students

For students enrolled through a school licensing agreement, guardian consent is collected directly by Lull through the following process:

Schools may elect to provide institutional consent on behalf of all enrolled students under their executed School Data Processing Agreement. In this case, individual guardian consent is not required but the school bears responsibility for ensuring adequate notice has been provided to parents.

3.4 Users Ages 13–17

Users between 13 and 17 may create accounts subject to the following:

3.5 Users 18 and Over

Adult users may create accounts subject to standard terms. Adult users may optionally designate a trusted contact to receive safety notifications. This designation is entirely voluntary and may be changed or revoked at any time in account settings.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

You must create an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

4.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts to circumvent restrictions is prohibited.

4.4 Account Types

Lull supports the following account types with different features and terms:

5. SUBSCRIPTION AND PAYMENT TERMS

5.1 Free Tier

Lull offers a free tier with limited features as described on our website. No payment information is required to access the free tier.

5.2 Paid Subscriptions

Lull offers paid subscription plans as described at lulljournal.app. We reserve the right to change pricing with 30 days advance notice to existing subscribers.

5.3 External Payment Processing

Lull processes subscription payments through Stripe, Inc., an independent third-party payment processor. Consumer subscriptions purchased through our website are not processed through the Apple App Store or Google Play Store and are not subject to app store refund policies.

5.4 Auto-Renewal

Paid subscriptions automatically renew at the end of each subscription period unless cancelled. You may cancel at any time through account settings or by contacting hello@lulljournal.app. Cancellation takes effect at the end of the current billing period.

5.5 Refund Policy

We offer a 7-day refund for new subscriptions. After 7 days, subscription fees are non-refundable except as required by applicable law. Contact hello@lulljournal.app to request a refund within the eligible period.

5.6 School and Institutional Licensing

School and institutional licensing agreements are governed by separate written agreements negotiated directly with the Company. In the event of conflict between these Terms and a separately negotiated institutional agreement, the institutional agreement controls with respect to matters specifically addressed therein.

6. USER CONTENT AND JOURNAL ENTRIES

6.1 Ownership of User Content

You retain all ownership rights to the journal entries, Log It captures, audio summaries, and other content you create within the Service ("User Content"). By using the Service, you grant Rhetoric Innovations LLC a limited, non-exclusive, non-transferable license to process, store, and display your User Content solely for the purpose of providing the Service to you.

6.2 No Sale of User Content

Rhetoric Innovations LLC does not sell, license, or otherwise transfer your User Content to third parties for commercial purposes. Your journal entries are not used to train AI models. Your User Content is processed by Anthropic, PBC solely for the purpose of generating responses within your journaling session.

6.3 AI Processing Disclosure

Your journal entries and messages are processed by Anthropic, PBC's Claude AI model to generate Lull's responses. This processing is governed by Anthropic's data processing terms. Your content is not permanently stored by Anthropic beyond the processing of individual requests.

6.4 Conversation Corpus

Lull stores full conversation transcripts in a secure, encrypted conversation corpus to enable longitudinal psychological context features including pattern recognition, reflective continuity, and growth tracking. These transcripts are stored only in your Lull account and are never shared with third parties except as described in Section 6.5 and Section 9.2.

6.5 School Channel — Counselor Access to Conversation Content

For student accounts, Lull's counselor alert system may provide school counselors with access to conversation content under limited, defined circumstances:

By creating a student account through a school licensing agreement, or by completing the guardian consent process, you acknowledge and consent to this counselor access framework. All counselor access to conversation content is logged in a tamper-evident audit trail.

School counselors may only access student conversation content through the secure Lull counselor portal. All access is logged with counselor identity, timestamp, and content accessed. Counselors are bound by their school's data processing agreement with Lull.

6.6 Prohibited Content

You agree not to submit User Content that: violates applicable law; infringes intellectual property rights of third parties; contains malware or malicious code; is intended to harass, threaten, or harm others; or impersonates any person or entity.

7. SCHOOL CHANNEL TERMS

7.1 School Enrollment

Students enrolled through a school licensing agreement are subject to these Terms plus the terms of their school's Data Processing Agreement with Rhetoric Innovations LLC. In the event of conflict, the DPA controls with respect to matters specifically addressed therein.

7.2 Student Disclosure Acknowledgment

Before using the journaling features, each student must affirmatively acknowledge the following disclosure: Lull is a private journaling space. Everything written stays between the student and Lull — except that if the student writes something suggesting they may be in danger, their school counselor will be notified so they can help. This disclosure must be acknowledged before any journal entry is submitted.

7.3 Guardian Consent Requirement

As described in Section 3.3, guardian consent is required before a student account may be activated for journaling. The school administrator is responsible for initiating the consent process for each student. The Company is responsible for collecting and recording guardian consent through the Lull consent system.

7.4 Counselor Portal Access

Designated school counselors and administrators may access the Lull counselor portal at lulljournal.com/portal. Access is limited to alerts and student history associated with their enrolled school. All counselor portal access is governed by their school's DPA and by these Terms. Counselors may not share, export, or distribute student conversation content accessed through the counselor portal.

7.5 Counselor Account Obligations

Users with Counselor or School Administrator account types agree to:

7.6 Limitation of Lull's Role in School Settings

Lull is a journaling and self-reflection tool, not a clinical assessment or crisis intervention service. Counselors and schools are solely responsible for making professional determinations about student wellbeing and appropriate interventions based on information surfaced through Lull. Lull's counselor alert system provides signals only — it does not replace professional clinical judgment.

7.7 Pilot Program Terms

Schools participating in a pilot program receive full access to the Service for the pilot term at no charge. Pilot terms are governed by a separate written pilot agreement. Conversion to paid licensing requires a new written agreement. Pilot data is retained for 30 days after pilot conclusion unless a new agreement is executed or earlier deletion is requested.

8. GUARDIAN ACCESS AND DASHBOARD

8.1 Consumer Guardian Connection

Consumer-channel users may connect guardian accounts to their Lull profile using a unique Connect Code. Guardian accounts provide read-only access to an aggregate dashboard showing activity patterns and safety signals. Consumer-channel guardians do not have access to the content of journal entries under any circumstances.

8.2 Consumer Guardian Dashboard — What Is and Is Not Visible

The consumer guardian dashboard displays: journaling activity frequency and patterns; emotional theme categories (not specific content); safety flag notifications at defined threshold levels. The guardian dashboard does NOT display journal entry text, AI response content, audio capture summaries, or specific words or phrases used in journal entries.

8.3 School Guardian Consent Dashboard

School-context guardians who have completed the consent process receive access to a guardian consent confirmation page confirming their consent has been recorded. School-context guardians do not receive ongoing access to a live dashboard. Safety notifications for school students go to the assigned school counselor, not to the guardian directly.

8.4 Guardian Obligations

Guardians agree to: use dashboard information solely to support the wellbeing of the connected user; not share dashboard information with unauthorized third parties; and respect the confidential nature of the journaling experience.

8.5 User Control Over Guardian Access

Users 18 and older may remove connected consumer guardian accounts at any time through account settings. Users under 13 may not remove guardian accounts established through the parental consent process without parental authorization. Users ages 13-17 may request removal of consumer guardian connections through privacy@lulljournal.app. School-context guardian consent records cannot be deleted by the student but are governed by the school's DPA.

9. SAFETY FEATURES AND LIMITATIONS

9.1 Automated Safety Detection

Lull employs automated content analysis including AI-powered semantic evaluation to detect language that may indicate crisis situations. When such language is detected, the Service is designed to: adjust the AI response to acknowledge the user's distress; surface appropriate crisis resources; and notify connected guardians, trusted contacts, or school counselors at defined threshold levels.

The safety detection system evaluates the meaning and intent of messages, not just exact keywords. It is designed to recognize informal language, typos, minimizing language, and indirect disclosures. The system may produce false positives and false negatives and is not a substitute for professional judgment.

9.2 Three-Tier Alert System for School Students

For school-enrolled students, the safety detection system operates on three tiers as described in Section 6.5. Tier thresholds are defined by the Company and may be updated from time to time. The Company provides schools with documentation of the current tier definitions upon request.

9.3 Limitations of Safety Detection

Users experiencing a mental health emergency should contact emergency services (911), the 988 Suicide and Crisis Lifeline (call or text 988), or the Crisis Text Line (text HOME to 741741) immediately. Do not rely on Lull's safety detection in a crisis situation.

9.4 No Duty to Monitor

The Company does not have a duty to monitor User Content in real time. Safety detection operates on an automated basis. The Company's provision of safety detection features does not create a duty of care beyond what is expressly stated in these Terms.

9.5 Not a Mandated Reporter

Lull is not a mandated reporter under any applicable state or federal law in its capacity as a technology platform providing journaling services. Safety notifications sent to guardians or counselors are automated signals only and do not constitute clinical assessments or mandated reports. School counselors who receive Lull alerts remain individually subject to their own mandated reporter obligations under applicable law.

10. PRIVACY AND DATA PROTECTION

Your privacy is governed by our Privacy Policy, available at lulljournal.app/privacy, which is incorporated into these Terms by reference. Key privacy commitments:

Contact privacy@lulljournal.app for privacy questions.

11. INTELLECTUAL PROPERTY

11.1 Company Intellectual Property

The Service, including its design, software, AI systems, prompt architecture, trademarks, logos, and all content created by the Company, is owned by Rhetoric Innovations LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

11.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant the Company an irrevocable, perpetual, worldwide license to use such feedback for any purpose without compensation to you.

12. DISCLAIMERS OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING:

THE COMPANY MAKES NO WARRANTY THAT THE JOURNALING AND SELF-REFLECTION FEATURES WILL PRODUCE ANY PARTICULAR OUTCOME, IMPROVE MENTAL HEALTH, PREVENT ANY CONDITION, OR PROVIDE ANY CLINICAL BENEFIT.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RHETORIC INNOVATIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rhetoric Innovations LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

15.2 Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Cape Girardeau County, Missouri. You consent to the personal jurisdiction of such courts.

15.3 Arbitration and Class Action Waiver

[ATTORNEY REVIEW REQUIRED: Evaluate whether to include mandatory arbitration clause and class action waiver. Mandatory arbitration in consumer contracts is subject to significant legal challenge in multiple jurisdictions, particularly those involving minors. This is especially sensitive given the student/minor user base. Recommend attorney guidance before including.]

16. TERMINATION

16.1 Termination by User

You may terminate your account at any time through account settings or by contacting hello@lulljournal.app. Upon termination, your account data will be deleted in accordance with our Privacy Policy data retention schedule.

16.2 Termination by Company

We reserve the right to suspend or terminate your account for violation of these Terms, illegal activity, or for any reason with 30 days notice. We will provide 30 days notice before termination except where immediate termination is required for legal compliance or to prevent harm.

16.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Journal entry data will be deleted within 30 days. Safety-related logs and counselor access logs may be retained for up to 7 years as required by applicable law.

16.4 School Account Termination

When a school's licensing agreement terminates, all student accounts associated with that school will be deactivated. Student data will be returned to the school or deleted as specified in the DPA. Counselor portal access is revoked immediately upon license termination.

17. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email to your registered address and by posting updated Terms with an updated effective date. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the modified Terms, you must discontinue use.

For school licensing agreements, material changes to terms affecting the school channel will require written agreement from the school before taking effect with respect to that school's students.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Guardian Terms, COPPA Compliance Statement, and any separately negotiated institutional agreements, constitute the entire agreement between you and the Company regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

The Company's failure to enforce any right or provision will not be considered a waiver of that right or provision.

18.4 Assignment

You may not assign your rights under these Terms without our prior written consent. The Company may assign its rights and obligations in connection with a merger, acquisition, or sale of assets.

18.5 Contact Information

Rhetoric Innovations LLC | Email: hello@lulljournal.app | Privacy: privacy@lulljournal.app | Website: lulljournal.app

FOR ATTORNEY REVIEW AND APPROVAL — NOT EFFECTIVE UNTIL COUNSEL APPROVES Rhetoric Innovations LLC | lulljournal.app | hello@lulljournal.app