Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Confidants mobile application ("App") operated by Wayne Studios LLC ("we," "our," or "us").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Description of Service

Confidants is an AI-powered journaling and reflection app that allows you to create personalized AI confidants ("Confidants") for emotional support, self-reflection, and personal growth. The App provides chat-based conversations, automatic journal generation, and weekly reflection summaries.

Account Registration

To use certain features of the App, you must create an account. You agree to:

• Provide accurate and complete information when creating your account
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You must be at least 18 years old to create an account and use the App. By creating an account, you represent that you meet this age requirement. We may suspend accounts that we have reason to believe belong to users under 18.

Acceptable Use

You agree NOT to use the App to:

• Violate any applicable laws or regulations
• Harm, threaten, or harass others
• Generate, store, upload, or share illegal content, including child sexual abuse material (CSAM), non-consensual intimate imagery, or any content depicting violence against a person
• Attempt to manipulate, "jailbreak," circumvent safety filters, or coerce the AI into producing harmful, illegal, or policy-violating content
• Rely on AI responses for medical, psychiatric, pharmacological, dosing, drug-interaction, legal, financial, or any other safety-critical decisions. Always consult a licensed professional for those decisions
• Use the App as a crisis intervention service or in place of contacting emergency services
• Use the service for any commercial purpose without our permission
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any part of the service

We reserve the right to suspend or terminate accounts that violate these terms. If you attempt to bypass safety filters, you assume full responsibility for any resulting content and any harm caused by acting on it.

Content Safety and Moderation

To keep the App safe, we use automated systems (including AI-based vision models) to scan images and other content you upload for safety and policy violations. We may remove content, suspend accounts, or refuse service based on these scans, in whole or in part by automated means.

Automated moderation is imperfect. It may produce false positives (rejecting safe content) or false negatives (allowing unsafe content through). You acknowledge these limitations and that we are not liable for either outcome.

We are not a law-enforcement reporting service. If you become aware of illegal content on the App, report it to us at support@createconfidants.com.

Subscriptions and Payments

Confidants offers both free and paid subscription tiers. Paid subscriptions are processed through the Apple App Store.

• Billing: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
• Auto-Renewal: Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period.
• Cancellation: You can cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period.
• Refunds: Refund requests are handled by Apple according to their refund policy.

Intellectual Property

The App, including its design, features, and content (excluding user content), is owned by Wayne Studios LLC and is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any content you create in the App, including your journal entries and conversations. By using the App, you grant us a limited license to process your content as necessary to provide the service.

AI-Generated Content and Assumption of Risk

The responses from your AI Confidants are generated by artificial intelligence. They are not authored by a human, not reviewed before delivery, and not professional advice of any kind.

• AI responses may be inaccurate, incomplete, misleading, offensive, or dangerous
• AI responses are not medical, psychiatric, legal, financial, or other professional advice
• Safety filters and content guidelines may fail. Harmful or inappropriate output may occur despite our safeguards
• The AI may produce content that appears authoritative but is fabricated

You expressly assume all risk arising from your use of, reliance on, or response to AI-generated content. You are solely responsible for any decisions you make and any actions you take, including actions affecting your physical, mental, or financial wellbeing. You waive any claim against Wayne Studios LLC arising from such reliance or actions, to the maximum extent permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYNE STUDIOS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data or content
• Emotional or psychological distress arising from use of the App or AI-generated content
• Reliance on AI-generated responses
• Physical, mental, or financial harm resulting from decisions you make in connection with the App
• Interruption of service

Our total cumulative liability for any and all claims arising from or relating to your use of the App shall not exceed the greater of (a) one hundred US dollars ($100) or (b) the amount you have paid us in the twelve months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Wayne Studios LLC, its officers, directors, employees, contractors, and affiliates from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any decisions you make or actions you take based on AI-generated content.

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App (a "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Texas or, at your election, by telephone or videoconference. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver.You and Wayne Studios LLC agree that any Dispute will be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or equitable relief in court to protect intellectual property rights.

Opt-Out. You may opt out of this arbitration agreement by emailing support@createconfidants.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your full name and account email in the body. Opting out does not affect any other provision of these Terms.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the App will immediately cease
• You may request deletion of your data in accordance with our Privacy Policy
• Any provisions of these Terms that should survive termination will remain in effect

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved in the courts of Texas.

Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by posting a notice in the App or sending you an email. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

Contact Us

If you have any questions about these Terms, please contact us at: support@createconfidants.com