Terms of Use

1. Agreement, eligibility, and electronic contracting

By creating an account, selecting “I agree,” using a paid feature, or otherwise using Skillful Moment, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old, live in the United States, and be legally able to form a contract. If you use the service for an organization, you represent that you have authority to bind it. Skillful Moment is not currently offered as a localized consumer service outside the United States.

You consent to receive these Terms, notices, and transaction records electronically. You may save or print them. The current version, effective date, and archived versions appear on the Terms page.

2. The Skillful Moment service

Skillful Moment provides educational tools for learning and practicing generally known dialectical behavior therapy skills, recording personal reflections, preparing reports, and creating a personal safety plan. Free and paid features may differ as described at the time of use or purchase.

We may provide beta, preview, or experimental features. Those features may be incomplete, change without notice, and should not be relied on for important decisions.

3. Not medical care or emergency monitoring

Skillful Moment is educational self-management software. It is not therapy, medical or mental-health treatment, diagnosis, clinical decision support, a medical device, or a substitute for a qualified professional. Using it does not create a clinician-patient, therapist-client, fiduciary, or other professional relationship with Pacifica or its personnel.

The service does not monitor you, review entries for danger, contact emergency services, or guarantee that crisis information is current or available. Do not use it as your only source of safety support. If you may harm yourself or someone else, are in immediate danger, or have a medical emergency, contact local emergency services or a qualified professional now. In the United States, you may call or text 988.

You remain responsible for decisions about your health, safety, care, and sharing. Consult a qualified professional about medical or mental-health questions.

4. Accounts and account security

Provide accurate information, keep credentials confidential, and promptly notify support@skillfulmoment.com of suspected unauthorized access. You are responsible for activity under your account unless applicable law provides otherwise.

You may request account deletion through available account controls. Deletion ends account access and may be irreversible. Local diary and safety-plan data must be erased separately on each device. As disclosed in the Privacy Policy, Pacifica may retain pseudonymized acceptance and billing records for seven years where reasonably necessary for contract, tax, chargeback, fraud-prevention, and dispute evidence.

5. Your content and local records

You retain ownership of diary entries, safety plans, contacts, notes, and reports you create. Skillful Moment is designed so those records remain on your device unless you deliberately export or transmit them. You are responsible for backups and for deciding what to record, export, and share.

For information you deliberately transmit to Pacifica, you grant Pacifica a limited, worldwide, nonexclusive permission to host, process, reproduce, and transmit it only as needed to operate, secure, support, and comply with law for the service. This permission ends when the purpose ends, subject to reasonable backups and legal retention.

Once you export information to another person, app, cloud service, or device, that recipient’s practices govern the exported copy. Pacifica cannot control or retrieve it.

6. Acceptable use

You may use Skillful Moment for your personal, lawful, noncommercial use. You may not misuse the service or help anyone else do so.

• Violate law, another person’s rights, or sanctions or export-control requirements.
• Attack, probe, bypass, disable, or interfere with security, authentication, rate limits, networks, or availability.
• Scrape, harvest, index, or access the service through unauthorized automated means.
• Reverse engineer, decompile, or attempt to derive source code except to the limited extent the law expressly permits despite this restriction.
• Resell, sublicense, copy, frame, impersonate, misrepresent affiliation, or use the service to deceive or harm others.
• Upload malicious code, overwhelm the service, or use another person’s account without authorization.

7. Pacifica’s intellectual property

Pacifica and its licensors own Skillful Moment, its software, design, branding, original text, arrangement, and related intellectual property. These Terms give you a limited, revocable, nonexclusive, nontransferable license to use the service as permitted here; they do not transfer ownership.

Pacifica does not claim ownership of generally known DBT concepts or third-party materials. Third-party names and content remain the property of their owners. Feedback you voluntarily provide may be used without restriction or compensation, but Pacifica will not treat private diary or safety content as feedback.

8. Third-party services

The service may rely on Stripe, Supabase, app stores, operating-system services, crisis directories, and external links. Their separate terms and privacy practices apply to their services. Pacifica does not control third-party availability, content, security, or decisions and is not responsible for them except where applicable law requires.

App-store terms control where they conflict with these Terms solely regarding use of that store. Apple, Google, and other providers are not responsible for Pacifica’s support obligations unless their terms say otherwise.

9. Skillful Moment Plus, automatic renewal, and billing

Skillful Moment Plus currently costs $4.99 per month or $39.99 per year, plus applicable taxes. The price and billing frequency shown at checkout control. By starting a subscription, you authorize Stripe and Pacifica to charge the selected payment method at purchase and automatically at each renewal until you cancel.

Cancel through the Stripe Customer Portal available in your account before the renewal date to avoid the next charge. Cancellation takes effect at the end of the current paid period, and you keep paid access until then. Deleting the app or signing out does not cancel a subscription.

Completed billing periods are nonrefundable and are not prorated, except where law requires otherwise or Pacifica voluntarily grants a refund. Failed or reversed payments may result in retry attempts, restricted paid access, or cancellation. Promotional terms disclosed with an offer also apply.

When switching plans, the effective date, proration, credits, and next charge shown in the billing portal control. Pacifica may change future prices with legally required notice. A price change will not alter a completed billing period and will not retroactively remove accrued rights.

10. Service changes, suspension, and termination

Pacifica may add, change, suspend, or discontinue features to improve, secure, or operate the service. Where reasonably possible, Pacifica will provide advance notice before a material reduction of paid features. You may stop using the service at any time.

Pacifica may restrict or terminate access for material breach, unlawful use, security risk, nonpayment, or conduct that threatens users or the service. Where appropriate, Pacifica will provide notice and an opportunity to correct the issue. Sections that by nature should survive—including ownership, payment obligations, disclaimers, liability limits, disputes, and general terms—survive termination.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLFUL MOMENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” PACIFICA AND ITS LICENSORS DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

PACIFICA DOES NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, MEDICALLY APPROPRIATE, UNIVERSALLY COMPATIBLE, OR THAT DATA WILL NEVER BE LOST. CRISIS AND THIRD-PARTY INFORMATION MAY CHANGE. THESE DISCLAIMERS DO NOT LIMIT WARRANTIES OR REMEDIES THAT CANNOT LEGALLY BE DISCLAIMED.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACIFICA SOFTWARE LLC AND ITS AFFILIATES, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EXECUTIVES, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE “PROTECTED PARTIES”) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OPPORTUNITY, OR DATA, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID PACIFICA FOR SKILLFUL MOMENT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.

These limits allocate risk and apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not exclude liability that cannot lawfully be limited.

13. Indemnity for misconduct

To the extent permitted by law, you will defend, indemnify, and hold harmless the Protected Parties from third-party claims, damages, and reasonable costs arising from your unlawful conduct, material breach of these Terms, misuse of the service, or infringement of another person’s rights. This obligation does not apply to ordinary consumer use or to the extent a claim was caused by a Protected Party’s negligence, gross negligence, willful misconduct, or legal violation. Pacifica will provide reasonable notice and allow you to participate in the defense.

14. Rights that cannot be waived

Nothing in these Terms excludes or limits responsibility for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, or any warranty, remedy, consumer right, or liability that applicable law does not permit the parties to waive. If mandatory law gives you greater protection, that law controls to the extent of the conflict.

15. Informal dispute resolution

Before filing arbitration, either party must send a written notice describing the claimant’s name and account email, the facts, the requested relief, and contact information. Send notices to legal@skillfulmoment.com; Pacifica will send notices to the email associated with your account. The parties will make a good-faith effort to resolve the dispute for 60 days after receipt. A limitations period is tolled during that 60-day period where law permits.

16. Binding individual arbitration; class and jury waiver

PLEASE READ THIS SECTION CAREFULLY. Except for the exceptions below, you and Pacifica agree that any dispute arising from or relating to these Terms or Skillful Moment will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section.

Arbitration will occur only on an individual basis. YOU AND PACIFICA WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual claimant and only to the extent needed to resolve that claim.

You may bring an eligible individual claim in small-claims court. Either party may seek temporary or injunctive relief in court to protect intellectual property, prevent unauthorized access, or address an immediate security threat. A hearing may occur remotely, on documents, or in a reasonably convenient location as the AAA rules allow. Fees are allocated under the AAA Consumer Arbitration Rules.

You may opt out of this arbitration agreement by emailing legal@skillfulmoment.com within 30 days after you first accept these Terms. Include your name, account email, and a clear statement that you opt out of the Skillful Moment arbitration agreement. Opting out will not affect other Terms or your service access.

If the class or representative-action waiver is found unenforceable for a particular claim, that claim must proceed in court after any arbitrable claims are completed. Otherwise, an unenforceable portion of this section will be severed and the remainder enforced.

17. Governing law

Except for the Federal Arbitration Act and mandatory law that applies regardless of choice, Nevada law governs these Terms without regard to conflict-of-law rules. For disputes permitted to proceed in court, you and Pacifica consent to the state and federal courts located in Nevada, except where consumer law entitles you to another forum.

18. General legal terms

Pacifica may update these Terms. Material changes will receive advance notice when required and will require renewed acceptance before paid account actions. Changes will not retroactively eliminate accrued consumer rights. The posted version and acceptance record control.

You may not assign these Terms without Pacifica’s written consent. Pacifica may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets, provided the assignee honors applicable obligations. Pacifica is not liable for delay caused by events beyond reasonable control.

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder stays effective. Failure to enforce a provision is not a waiver. Headings are for convenience. These Terms, the Privacy Policy, and purchase-specific disclosures are the complete agreement regarding the service and replace prior understandings on that subject.

You may not use the service in violation of U.S. export controls or sanctions. Notices may be delivered electronically to your account email or through the service.

19. Contact

Pacifica Software LLC, a Nevada limited liability company, operates Skillful Moment. Legal notices and arbitration opt-outs: legal@skillfulmoment.com. Privacy questions: privacy@skillfulmoment.com. Product support: support@skillfulmoment.com.