Terms of Service (ToS) — AndThen, Inc.

1) Acceptance of Terms

By accessing or using the services, apps, websites, or experiences offered by AndThen, Inc. (“AndThen,” “we,” “our,” or “us”), including AI-powered, primarily audio-based interactive experiences and “games” (collectively, the “Service”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2) Who We Are

AndThen, Inc. is a Delaware corporation with its principal place of business at 395 South End Ave. #35P, New York, NY 10280. Contact: hello@andthen.chat.

3) Beta/Pre‑Release Notice

The Service is currently in alpha/beta. You understand and agree that:

• The Service may be incomplete, unreliable, or change frequently without notice.
• We may enable extensive logging, telemetry, and recording for debugging, evaluation, and product improvement.
• Data loss, interruptions, or errors may occur.

4) Accounts and Authentication

• You may create an account or sign in using third-party SSO (e.g., Google). You authorize us to receive basic account information from the SSO provider subject to their terms and your settings.
• You are responsible for safeguarding your account credentials and all activity under your account.

5) Eligibility; Children

• You must be at least 13 years old (or older where required by local law) to use the Service. If you are under 18, you represent you have consent from a parent or legal guardian.
• The Service is not intended for children under 13. If we learn we collected personal data from a child under 13, we will delete it.

6) Consent to Recording; Audio; Transcripts

• You consent to our recording, transcribing, analyzing, and processing audio and text interactions you provide or that occur during your use of the Service. This includes background audio that may be captured during sessions.
• You must notify and obtain consent from all participants whose voices may be captured.
• We may use human reviewers and automated systems to label, evaluate, and improve data.

7) User Content; License; Feedback

• “User Content” includes audio, voice recordings, transcripts, prompts, text, images, usage signals, and other content you submit or that is captured during your use of the Service.
• You retain ownership of your User Content. You grant AndThen a worldwide, non-exclusive, transferable, sublicensable, irrevocable, royalty-free license to host, store, reproduce, translate, transcribe, analyze, adapt, create derivative works (e.g., annotations, embeddings, inferences), distribute, display, and perform your User Content:
  • to provide, maintain, secure, and improve the Service;
  • to develop and evaluate models, features, and experiences;
  • for research, analytics, safety, and abuse prevention;
  • for marketing or promotional purposes only with your consent or where we use de-identified or aggregated data.
• Feedback you provide may be used without restriction and without attribution or compensation.

8) AI‑Generated Content and Safety

• Outputs may be inaccurate, offensive, or unsafe. Do not rely on outputs for medical, legal, financial, or other professional advice.
• You are responsible for how you use outputs. Use discretion before acting on AI-generated content.

9) Acceptable Use

You agree not to:

• Violate laws or rights (including privacy, publicity, and IP rights).
• Upload malicious code; attempt to access accounts or systems without authorization; interfere with the Service.
• Use the Service to generate or disseminate illegal, harmful, or deceptive content; harass or defame others.
• Attempt to re-identify individuals from de-identified data or derive biometric identifiers from audio without explicit consent and applicable legal compliance.
• Scrape, bulk-download, or reverse engineer the Service except to the extent allowed by law.

10) Ownership; IP; DMCA

• We and our licensors own the Service and all related IP. Except for your User Content and rights expressly granted, no rights are transferred to you.
• If you believe content infringes your copyright, submit a DMCA notice to our agent:

  DMCA Agent: Rex Sorgatz

  Address: 395 South End Ave., #35P, New York, NY 10280

  Email: hello@andthen.chat

  Include all elements required by 17 U.S.C. § 512(c)(3).

11) Third‑Party Services and Processors

• We may use providers for hosting, analytics, crash reporting, speech-to-text, text-to-speech, and model inference (e.g., cloud providers and AI vendors). Your content may be processed by such providers to operate the Service.
• Third-party services are governed by their own terms and privacy policies.

12) Fees; Trials; Changes

• We may offer free or paid tiers. Prices, features, and limits may change. Taxes and third-party fees may apply.
• We may suspend or terminate access for non-payment or abuse.

13) Privacy

Our Privacy Policy explains how we collect, use, and share personal information. By using the Service, you consent to our data practices described there.

14) Data Retention; Deletion Requests

• During alpha, we may retain data for extended periods for debugging, evaluation, security, and product improvement.
• You may request deletion where applicable; we may retain limited information as required by law, to prevent abuse, or for legitimate business needs.

15) Termination

• You may stop using the Service at any time. We may suspend or terminate access at our discretion with or without notice, including for violations of these Terms.
• Upon termination, Sections intended to survive (e.g., licenses, disclaimers, limitations, arbitration) will continue.

16) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED.

17) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANDTHEN AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

18) Indemnification

You will indemnify and hold harmless AndThen and its affiliates from claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms or applicable law.

19) Governing Law; Arbitration; Class Waiver

• Governing Law: Delaware law, without regard to conflicts principles.
• Binding Arbitration: Any dispute will be resolved by final and binding arbitration administered by JAMS under its rules. Venue: New Castle County, Delaware. The Federal Arbitration Act governs interpretation and enforcement.
• Class Action Waiver: Disputes must be brought individually and not as a class, collective, or representative action.
• Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing hello@andthen.chat with “Arbitration Opt-Out” and your account details.

20) Changes to Terms

We may modify these Terms. Changes are effective when posted. Your continued use after changes means you accept the updated Terms.

21) Contact