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Privacy Policy

How Ophie collects, uses, and protects your information. US users, 18 and over only.

Last Updated: April 20, 2026

Effective: Upon public launch of the Service

Work in Progress — Pre-Launch Draft

This Privacy Policy is a draft. It describes practices Ophie intends to adopt at public launch. It is not yet in effect because the Service is not yet launched. It has not undergone final legal review. Do not rely on it as a binding legal document until we publish a firm effective date.

The canonical source of truth is the PRIVACY.md file in our repository.

Ophie is not a crisis service.

If you are in crisis, call or text 988(Suicide & Crisis Lifeline), text HOME to 741741 (Crisis Text Line), or call 911. Full resource list in Section 15.

Quick Reference

  • Who we are: Ophie (in the process of incorporating as a Delaware C-corporation). Until incorporation completes, Ophie operates as an unincorporated venture of its founders; Ophie, Inc. will succeed to all rights and obligations under this Policy on incorporation.
  • Who we serve: US residents only, 18+.
  • What we are not: not a healthcare provider, therapist, or licensed mental health professional; not a HIPAA covered entity or business associate; not a medical device. We do not diagnose or treat any condition.
  • Crisis: we are not a crisis service. Call/text 988, text HOME to 741741, or call 911.
  • No sale, no ads: we do not sell personal information. We do not share personal information for cross-context behavioral advertising.
  • No AI training on your conversations: we do not use your sessions or transcripts to train foundation models or any third-party model, and our subprocessors are contractually prohibited from doing so.

1. Scope and Introduction

This Privacy Policy describes how Ophie collects, uses, discloses, retains, and protects personal information about users of the Ophie webapp and related services (collectively, the Service).

It applies to information we collect through the Service, in communications with us, and through our marketing, waitlist, and community pages. It does not apply to information collected by third parties through services that link to or from the Service.

We operate the Service only in the United States. If you are located outside the United States, please do not use the Service.

By using the Service, you acknowledge that you have read and understood this Policy.

2. Changes to This Policy

We may update this Policy. Material changes will be communicated by email and/or in-product notice at least 30 days before taking effect. We will never retroactively apply a change that allows new training uses of past conversations without your specific, affirmative, opt-in consent. Prior versions are archived and available on request at team@ophie.app.

3. Categories of Personal Information We Collect

We collect the following categories. For each: what it includes; why we collect it; sources; retention; and whether it is sensitive under applicable state law.

3.1 Account and Identity

Name; email; password (hashed by our identity provider, never visible to us); age range (must be 18+); optional display name, pronouns, bio (500-char max), avatar, time zone; state-level region code used for rights routing; account creation timestamp. Source: you. Retention: until account deletion (backups purged within 30 days). Sensitivity: standard.

3.2 Preferences and Personalization

Privacy mode (Memory or Ephemeral); communication-style preferences; onboarding goals; personal context; notification and email preferences; cookie-consent state; analytics opt-in state. Source: you. Retention: until changed or account deleted. Sensitivity: standard.

3.3 Voice Session Data

Real-time audio streamed during a voice session; the text transcript derived from your audio (via Deepgram); and session metadata (timestamps, duration, counts, LiveKit identifiers, IP address, user-agent, session preferences JSON).

Raw audio is transient. It is streamed, transcribed, and discarded. We do not retain raw audio recordings.

Retention: transcripts in Memory mode persist until you delete them or your account; Ephemeral mode retains no transcript after the session closes. Sensitivity: consumer health data (WA MHMDA, NV SB 370) and sensitive personal information under CA, VA, CO, CT, TX, OR, MT, DE, NH, NJ, TN, MN, MD, IN, KY, and RI privacy laws.

3.4 Conversation Content

Text of your messages and the AI's responses; conversation identifiers; system-prompt context snapshots; role and timestamps. Source: your use. Retention: Memory mode until deleted; Ephemeral mode no persistence. Sensitivity: consumer health data / sensitive.

3.5 Emotional and Wellness Inferences

Outputs of our local speech-emotion-recognition model (six labels: sad, angry, disgust, fear, happy, neutral) used transiently as conversational context; optional sentiment and valence scores stored in your wellness timeline (only when you have not opted out and, where required, only when you have opted in); session "key moments". SER outputs are not persisted unless you enable sentiment analysis. Sensitivity: consumer health data / sensitive.

3.6 Safety and Crisis-Detection Data

A flag indicating that our automated systems detected language suggestive of risk; the category; a confidence score; the ML classifier's reasoning string; the excerpt that triggered the flag; and the action taken. Retention: 24 months in a restricted safety-audit log. Sensitivity: consumer health data / sensitive. See Section 15 and our Safety Protocol.

3.7 Memory, Topic, and Relationship Data

Memory items, tags, categories; topic extractions; entities you mention; constellation groupings; proactive-continuity markers. Retention: until deleted (30-day soft-delete), then permanent deletion. Sensitivity: consumer health data / sensitive.

3.8 Usage, Activity, and Engagement

Total sessions; total minutes; last session date; streaks; counters; product-analytics events (only if opted in); dashboard interactions. Retention: counters persist until deletion; analytics events 12 months identified / 24 months aggregated. Sensitivity: standard when aggregated; heightened care otherwise.

3.9 Technical and Device

IP address, user-agent, device/browser type, timestamps, operational logs, error traces, auth-token metadata. Retention: error/operational logs 90 days; security logs up to 24 months. Sensitivity: standard.

3.10 Billing and Subscription (paid plans)

Plan; status; renewal dates; billing events; last-4 card digits and card brand; billing email; ZIP; Stripe transaction identifiers. We do not collect or store full card numbers. Retention: active + 7 years (tax/accounting).

3.11 Waitlist and Marketing

Email, optional name, hCaptcha verification, source; marketing opt-in. Retention: until launch + 90 days, or until you unsubscribe.

3.12 Consents and Rights-Request Records

Records of your acceptance of Terms/Policy (version hash, timestamp); voice-data consent; consumer-health-data consent (where applicable); auto-renewal acknowledgment; rights requests. Retention: up to 7 years.

3.13 Information We Do Not Collect

SSN; government identifiers; precise geolocation; biometric identifiers intended to uniquely identify you (no voiceprints, face embeddings, fingerprints); full payment card numbers; data from HIPAA-covered sources; data from children under 18.

4. Sources of Personal Information

We collect from three sources:

  1. directly from you;
  2. automatically from your use of the Service;
  3. from service providers we engage on your behalf (authentication provider, payment processor, voice processors).

We do not buy personal information from data brokers and do not enrich your profile with broker data.

5. Voice and Biometric Data — Special Handling

No voiceprint identification

Ophie does not create, store, or use a unique voiceprint, vocal-template, or voice-biometric embedding to identify you. We do not perform speaker recognition, voice authentication, or voice-biometric verification. Ophie authenticates you only via your account credentials.

5.1 Transient audio

Voice audio is processed transiently to produce a text transcript and is then discarded. Raw audio is not retained in our databases or backups.

5.2 Speech emotion recognition (SER)

Ophie runs a local open-weight SER model to infer coarse-grained emotional tone as short-lived conversational context. SER outputs are not speaker embeddings, not used to identify you, and not persisted unless you separately enable sentiment analysis.

5.3 Illinois and Texas biometric laws

Because we do not create, capture, collect, receive through trade, or otherwise obtain voiceprints or voice biometrics, we do not fall within the "biometric identifier" triggers of the Illinois Biometric Information Privacy Act (740 ILCS 14) or the Texas Capture or Use of Biometric Identifier statute (Tex. Bus. & Com. Code § 503.001). If we ever introduce a feature that would create a voiceprint, we will obtain affirmative opt-in consent and publish a compliant retention and destruction schedule.

5.4 Washington MHMDA and Nevada SB 370

Voice-derived transcripts and emotional inferences qualify as "consumer health data" under Washington and Nevada law. We obtain your affirmative opt-in consent before collecting such data beyond what is strictly necessary to provide the Service you requested. See Section 16 and our Consumer Health Data Privacy Notice.

6. How We Use Personal Information

We use personal information to:

  1. Provide the Service (authenticate, respond, persist sessions, operate RAG memory);
  2. Protect users and the public (detect crisis language, surface resources, enforce safety, respond to abuse);
  3. Operate the Service (monitor performance, fix bugs, plan capacity);
  4. Bill paid tiers;
  5. Communicate transactional and optional wellness messages;
  6. Satisfy legal obligations;
  7. Improve the Service through aggregate measurement and UI experiments on non-sensitive variants.

We do not use Your Content to train our models or any third-party model. Our subprocessors are contractually prohibited from training their models on inputs we send them on your behalf. If we ever wish to use Your Content for training, we will obtain separate, specific, affirmative, opt-in consent.

We do not use personal information for cross-context behavioral advertising, targeted advertising, consequential profiling, or sale to data brokers.

7. Privacy Modes (User Choice)

Memory mode

Ophie retains your session transcripts and derived memories so that future sessions benefit from continuity. You can review, edit, and delete any entry or the whole memory at any time.

Ephemeral mode

Ophie does not persist any transcript, summary, memory item, or emotional snapshot beyond the active session. Session metadata (timestamps, counts) is retained for operational purposes but stripped of content.

Per-session override: you may mark a specific session as anonymous, or disable transcript/summary/memory storage for that session, regardless of your default mode.

Changes apply prospectively. To delete previously stored content, use the Memory or Journey screens.

8. Service Providers and Subprocessors We Share With

We share personal information with the following service providers, each bound by a written data-processing agreement requiring them to process data only on our documented instructions, to maintain appropriate security, to notify us promptly of any breach, and (where the provider trains models) to refrain from training on data we send. Named disclosure is required by Washington MHMDA for recipients of consumer health data.

ProviderFunctionDataLocation
Supabase, Inc.Postgres database, authentication, auth-flow emailAccount; sessions; transcripts (Memory); memories; consentsUS
LiveKit, Inc.WebRTC voice transport and agent orchestrationVoice stream (transient); session control metadata; session IDsUS
Deepgram, Inc.Speech-to-text transcriptionVoice stream (transient, not retained for training)US
Cartesia AI, Inc.Text-to-speech voice synthesis (default)Response text (transient, not retained for training)US
ElevenLabs, Inc.Text-to-speech voice synthesis (alternate, configurable)Response text (transient, not retained for training)US
Inworld AI, Inc.Text-to-speech voice synthesis with emotion adapter (alternate, configurable)Response text (transient, not retained for training)US
Groq, Inc.LLM and safety-classifier inferenceConversation context; safety-classifier inputsUS
OpenAI, L.L.C.LLM and embedding inference (sentiment, summarization, memory triggers, supplementary safety)Conversation snippets; transcript chunks; safety-classifier inputsUS
Voyage AI Innovations, Inc. (a MongoDB company)Embedding and reranking models for semantic memoryMemory/transcript snippetsUS
Pinecone Systems, Inc.Vector database (retrieval-augmented memory)Embedding vectors; minimal identifiersUS
Stripe, Inc.Payment processing and subscription billingName; billing email; ZIP; last-4; transaction IDsUS
Netlify, Inc.Frontend application hosting and CDNService traffic; operational logsUS
Render Services, Inc.Backend API hostingService traffic; operational logsUS
Functional Software, Inc. (Sentry)Error monitoring and performance tracing (PII scrubbed)Stack traces; request metadataUS
PostHog, Inc.Product analytics (opt-in only)Hashed user identifier; feature eventsUS
Intuition Machines, Inc. (hCaptcha)Bot and abuse prevention on signup and waitlist formsIP address; anti-abuse signalsUS
Doppler, Inc.Secrets management (internal infrastructure only)No user dataUS
Resend, Inc.Transactional email delivery (notifications, reminders, verifications)Email address; message bodyUS
Tango Card, Inc. (Blackhawk Network)Gift-card fulfillment for promotional rewardsRecipient name; email; reward amountUS

A current version of this list is maintained at /privacy/subprocessors. We provide at least 30 days' advance notice before adding a subprocessor that handles consumer health data.

We do not transfer personal information outside the United States.

9. Retention

CategoryRetention
Account and identityUntil account deletion
Preferences and settingsUntil account deletion
Transcripts (Memory mode)Until user deletes or account deleted
Transcripts (Ephemeral mode)Not persisted
Emotional snapshots (if enabled)Until user deletes or account deleted
Memories / topics / constellationsUntil deleted (30-day soft-delete), then permanent
Safety-audit log (crisis-detection events)24 months (longer only if legally required)
Product analytics events (opt-in)12 months identified / 24 months aggregated
Error / operational logs90 days
Security logs24 months
Billing and subscription7 years (tax/accounting)
Consent and rights-request recordsUp to 7 years
Waitlist entriesUntil launch + 90 days, or until unsubscribe
Backups30-day rolling purge after underlying record deletion

10. Security

  • TLS 1.2+ for all network connections.
  • AES-256-GCM at-rest encryption for mental health content (transcripts, summaries, memories) using per-user envelope keys via AWS KMS — distinct from the baseline Transparent Data Encryption (TDE) that protects all Supabase storage-layer data. Engineering trust details →
  • Postgres row-level security; anonymous roles revoked from user tables.
  • Least-privilege service-role credentials; privileged access is logged.
  • Supabase-backed auth with industry-standard password hashing; MFA available; short-lived JWTs.
  • Written DPAs with every subprocessor, including security, breach-notification, and subprocessor flow-downs.
  • Secrets stored in Doppler and injected at deploy time; no secrets in source control.
  • Error telemetry is PII- and content-scrubbed before being sent to our error tracker.
  • No third-party advertising pixels on any authenticated or session page.
  • Documented incident-response plan consistent with FTC and state expectations for non-HIPAA health apps.

11. Breach Notification

We comply with the FTC Health Breach Notification Rule (16 C.F.R. Part 318, as amended in 2024) and every applicable state breach-notification statute (including N.Y. SHIELD Act, Cal. Civ. Code § 1798.82, and Mass. 201 C.M.R. 17.00).

  • We investigate any suspected breach promptly.
  • We notify affected users without unreasonable delay and in no event later than 60 calendar days after discovery of a breach of unsecured personally identifiable health information.
  • We notify the FTC contemporaneously when a breach affects 500+ individuals, and notify prominent media in any state where 500+ residents are affected.
  • We notify state attorneys general and other regulators as required by law.

12. Your Rights

We extend the following rights to every US user, regardless of state:

  • Know what categories we collect, purposes, sources, and recipients.
  • Access a copy of the specific personal information we hold (portable JSON).
  • Correct inaccurate personal information.
  • Delete your personal information, subject to narrow legal exceptions.
  • Portability of personal information you provided or generated.
  • Opt out of sale, sharing, and processing for targeted advertising (we do none of these).
  • Limit the use of sensitive personal information to what is necessary to provide the Service.
  • Opt out of profiling with legal or similarly significant effects (we do not engage in such profiling).
  • Withdraw consent at any time, prospectively.
  • Appeal a denied request to a different reviewer.
  • Non-discrimination for exercising a right.

12.1 How to Exercise

  • In-product: Settings → Privacy → Access / Export / Delete / Correct.
  • Email: team@ophie.app.
  • Authorized agent: we will require proof of authority.

12.2 Verification

We verify by confirming access to your account email; some requests may require re-authentication.

12.3 Timing

Acknowledgment within 10 business days; substantive response within 45 calendar days. We may extend once by up to 45 days (90 where authorized). Washington consumer-health-data requests follow the 45 + 45 statutory timeline.

12.4 State-Specific Rights

Residents of CA, CO, CT, DE, IN, IA, KY, MD, MN, MT, NE, NH, NJ, NV (consumer health data), OR, RI, TN, TX, UT, VA, and WA have additional rights under their state privacy laws. We honor those rights in accordance with each law's terms and timelines.

13. Global Privacy Control (GPC)

We honor the Global Privacy Control signal where state law requires (CA, CO, CT, TX, and additional states as of 2026). When we detect Sec-GPC: 1, we treat it as a request to opt out of sale, sharing, and processing for targeted advertising. Because we do not engage in any of those, honoring GPC is a formality for us.

14. California Residents (CCPA/CPRA)

14.1 Categories Collected (past 12 months)

  • Identifiers; customer records (Cal. Civ. Code § 1798.80(e)); protected characteristic (age range, bucketed).
  • Commercial information (subscription status; billing events).
  • Internet/network activity; coarse geolocation (not precise).
  • Audio information (voice during sessions; retained only as text transcript per Section 3.3).
  • Inferences (personalization profile; wellness inferences).
  • Sensitive personal information: mental-health-related content; wellness inferences; account log-in credentials.

14.2 Sale and Sharing

We do not sell personal information and do not share personal information for cross-context behavioral advertising. We have not done so in the past 12 months. We do not knowingly sell or share personal information of consumers under 16, and we do not knowingly collect personal information from individuals under 18.

14.3 Limit Use of Sensitive Personal Information

Our use of sensitive personal information is already limited to providing, securing, and ensuring the integrity of the Service. You may submit a right-to-limit request to confirm; no change in processing is necessary to honor it.

14.4 Automated Decision-Making

We use AI to generate responses and to screen for safety risk. These uses do not produce legal or similarly significant effects on you. Where CPPA ADMT regulations apply, we will provide the notices, opt-out, and access rights required.

14.5 Training-Data Transparency (AB 2013)

We do not train or fine-tune any generative AI model on user data. If that ever changes (with your opt-in consent), we will publish a plain-language summary at /privacy/training before any such training begins.

14.6 Shine the Light

We do not disclose personal information to third parties for their own direct marketing purposes.

14.7 Complaint Notice (Cal. Civ. Code § 1789.3)

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

15. Safety, Crisis Detection, and Emergency Resources

Ophie is not a crisis service.

Call/text 988, text HOME to 741741, or call 911.

15.1 Crisis Resources

  • 988 Suicide & Crisis Lifeline — call or text 988; chat at 988lifeline.org/chat. 24/7. English, Spanish.
  • Crisis Text Line — text HOME to 741741. 24/7.
  • Veterans Crisis Line — call 988 press 1, or text 838255.
  • The Trevor Project (LGBTQ+ youth) — 1-866-488-7386, or text START to 678-678.
  • SAMHSA National Helpline — 1-800-662-4357.
  • National Domestic Violence Hotline — 1-800-799-7233 or text START to 88788.
  • 911 — for immediate danger.

15.2 Automated Crisis Detection

Ophie runs an automated classifier on user messages to detect language suggestive of imminent or active risk. When detected, Ophie may display crisis resources, pause or redirect the session, and log the event to a restricted safety-audit log.

Ophie does not contact emergency services, family members, clinicians, or third parties on your behalf. Ophie reserves the right, in its sole discretion and without any duty to do so, to contact emergency services if it receives a specific, credible, and imminent threat to the life of an identifiable person.

15.3 Separate Safety Protocol

See our separate Safety and Crisis Response Protocol (required by CA SB 243).

16. Consumer Health Data (Washington, Nevada, Connecticut)

The full Consumer Health Data Privacy Notice is maintained separately at /consumer-health-data-notice.

  • Washington MHMDA (RCW 19.373). We treat the data in Sections 3.3–3.7 as consumer health data. We collect such data only with your opt-in consent (separate from Terms acceptance); we do not sell it; we do not geofence any health facility; you have rights to confirm, access, delete, and withdraw consent. MHMDA carries a private right of action under Washington's Consumer Protection Act.
  • Nevada SB 370 / NRS 603A.400 et seq. Similar protections apply. We do not sell consumer health data.
  • Connecticut SB 1295 (effective July 1, 2026). We will comply with the amended CTDPA's consumer health data rules as of its effective date.

17. Artificial Intelligence Disclosures

  • You are talking to an AI. Disclosed at the start of every session and throughout, per CA SB 243, NY AI Companion Law, and UT HB 452.
  • Provider stack (current): DigitalOcean (Qwen 3.5-397B) as the primary conversational LLM; Groq (GPT-OSS-20B background tasks, Llama-3.1-8B RAG summarization, GPT-OSS Safeguard-20B safety classifier); OpenAI as a fallback / sentiment / embedding helper; Anthropic and Google AI (via OpenRouter) for image and PDF reading tools; Deepgram for speech-to-text; Cartesia (default) with Inworld and ElevenLabs as alternates for text-to-speech; Voyage AI for embeddings. The full subprocessor list is at /privacy/subprocessors.
  • No training on your data. We do not train or fine-tune any model on user content; our subprocessors are contractually prohibited from training on API inputs we send.
  • No consequential decisions. We do not use AI to decide credit, housing, employment, insurance, education, or healthcare access.
  • Accuracy limits. AI output is probabilistic; it may be wrong. Do not rely on Ophie for medical, mental-health, legal, or financial advice.

17.1 California SB 243 (Companion Chatbot)

We comply with CA Bus. & Prof. Code §§ 22601–22605: clear AI disclosure at start of every interaction; published crisis protocol; annual public report to the California Office of Suicide Prevention starting July 1, 2027.

17.2 Utah HB 452 (Mental Health Chatbot)

We comply with Utah Code § 13-74 et seq.: disclosure on first access, after 7+ days, and whenever asked. Any advertisement/sponsorship will be clearly disclosed. No sale or sharing of individually identifiable health information of Utah users.

17.3 New York AI Companion Models Law

We disclose AI status at the start of each interaction and at least every three hours of continuing interaction, and maintain a crisis-referral protocol.

17.4 Colorado AI Act

Ophie does not make, and does not substantially influence, "consequential decisions" under SB 24-205 (effective June 30, 2026). We monitor the statute as the Service evolves.

18. Cookies, Local Storage, and Similar Technologies

  • Authentication cookies (Supabase): HttpOnly, Secure, SameSite=Lax.
  • Local storage ophie-user-preferences for non-sensitive UI prefs; sensitive content never persisted client-side.
  • In-session stores cleared on sign-out.
  • Analytics cookies (PostHog) only if you opt in; default is opt-out.
  • hCaptcha cookies on waitlist/signup for bot prevention.
  • No third-party advertising pixels, tag managers, or remarketing tools anywhere on the Service.

Manage cookies via the "Cookie Settings" control in the footer or your browser settings.

19. Children's Privacy

Age Restriction

The Service is offered only to individuals 18 years of age or older. It is not directed to children under 18.

We do not knowingly collect personal information from children under 18. If we learn that we have, we will terminate the account and delete the data. Notify us at team@ophie.app.

20. Do Not Track

We do not currently respond to DNT because there is no industry standard. We do honor the Global Privacy Control signal (see Section 13).

21. Business Transfers

In a merger, acquisition, financing diligence, reorganization, bankruptcy, or asset sale, your information may be transferred subject to commitments consistent with this Policy. You will receive notice and, where applicable, a reasonable opportunity to delete your data before transfer.

22. Law-Enforcement and Government Requests

We do not voluntarily provide government authorities with access to user personal information. We will respond to valid legal process consistent with our obligations and users' rights, and we will notify affected users unless legally prohibited. We will challenge overbroad or unlawful requests. We intend to publish aggregate transparency statistics annually.

23. Data Protection Assessments

For each processing activity that involves sensitive data, targeted advertising (none), sale (none), or profiling with significant effects (none), we conduct and maintain an internal data-protection assessment as required by applicable state law.

24. Contact Us

Privacy

team@ophie.app

Consumer health data (WA, NV, CT)

health-team@ophie.app

Founders / general

founders@ophie.app

Mailing address

To be added upon Delaware incorporation.

25. Severability and Interpretation

If any provision is held unenforceable, the remainder stays in force. Section headings are for convenience and do not affect interpretation. Examples are non-exhaustive.

This Policy does not create a contract between Ophie and any user. The contract governing your use of the Service is the Terms of Service. This Policy is a good-faith description of our practices, enforceable by the FTC and state attorneys general.