Biograph – Terms of Service

1. The Services

Biograph is a voice-based storytelling platform that may help you record, preserve, organize, and share stories and personal insights through voice conversations, AI assistance, and multimedia outputs (e.g., transcripts, books, comics, videos, timelines).

We may add, remove, change, or suspend any part of the Services at any time.

2. Eligibility

You must be at least 18 years old to use the Services.

If you use Biograph on behalf of another person (for example, as part of preserving a family member's story), you represent and warrant that you have the legal authority and all required permissions/consents to do so and to provide us with any information or recordings involving that person.

3. Accounts; Security

You may need an account to use portions of the Services. You agree to provide accurate information and keep it updated. You are responsible for all activity under your account and for keeping credentials confidential.

4. Your Content; Permissions

4.1 Definitions

"User Content" means content you submit to the Services, including audio, recordings, voice notes, transcripts, photos, prompts, text, and any other materials.

4.2 You Own Your User Content

As between you and us, you retain your rights in your User Content.

4.3 Limited License to Operate the Services

You grant us a limited, non-exclusive, worldwide license to host, store, process, reproduce, transmit, and display your User Content solely to provide, maintain, and improve the Services and to produce outputs you request (including AI-generated outputs), and to share your User Content only as directed by you (e.g., with people you explicitly invite).

We will not sell your User Content or publicly use it for marketing without your permission, subject to the Privacy Policy.

4.4 Permissions for Other People in Recordings (Very Important)

If your User Content includes the voice, image, or personal information of another person (for example, a family member on a call), you represent and warrant that you have obtained all necessary permissions and consents for:

• recording and sharing that content with us,
• AI processing and transcription, and
• producing outputs derived from it.

You are solely responsible for compliance with all applicable recording/consent laws.

5. Calls, Recording, and AI Outputs

5.1 Recording & Transcription

You acknowledge and agree that the Services may involve recording conversations and generating transcripts.

5.2 AI-Generated Outputs

Some outputs are generated by artificial intelligence and may be inaccurate, incomplete, offensive, or otherwise imperfect. You are responsible for reviewing outputs before using or sharing them. We do not guarantee factual accuracy.

5.3 No Emergency Use

Do not use the Services for emergency communications. The Services are not a substitute for professional advice or services (medical, legal, financial, etc.).

6. Acceptable Use

You agree not to:

• violate any law or regulation;
• infringe, violate, or misappropriate others' rights (including privacy and IP rights);
• harass, threaten, defame, or harm others;
• upload illegal, sexually exploitative, or otherwise unlawful content;
• interfere with or disrupt the Services;
• reverse engineer or attempt to access the Services through unauthorized means;
• use the Services to develop competing models/services by scraping or extracting data.

We may suspend or terminate accounts for violations.

7. Third-Party Services

The Services may integrate with or link to third-party services (e.g., telephony, messaging, payment processors, analytics, storage, AI model providers). Your use of third-party services may be governed by their terms. We are not responsible for third-party services.

8. Payments (If Applicable)

If we offer paid features, you agree to pay all fees and applicable taxes. Unless otherwise stated, fees are non-refundable except where required by law. We may use third-party payment processors.

9. Privacy

Our Privacy Policy explains how we collect, use, and protect personal data. By using the Services, you consent to our data practices described in the Privacy Policy.

10. Messaging & Phone Communications (SMS / RCS / Messaging Channels)

This section is intended to align with carrier and messaging compliance expectations (e.g., opt-in, STOP/HELP, disclosure, automated technology).

10.1 General Communications

As part of the Services, we may contact you by email, phone call, or messaging channels for service-related purposes (e.g., onboarding, reminders, delivery notifications, support, product updates).

10.2 SMS / RCS Messaging Terms

By providing your mobile number and opting in to receive text messages, you consent to receive informational and transactional messages from Biograph via SMS, RCS, or similar messaging channels (the "Messaging Program"). These messages may relate to onboarding, reminders, story submission, content delivery, account notifications, and customer support.

Opt-in is optional and not required to use the Services or make a purchase.

Automated technology

Messages may be sent using an automatic telephone dialing system or other automated technology.

Message frequency

Message frequency varies depending on how you use the Services and your settings.

Costs

Message & data rates may apply based on your carrier plan.

STOP / opt-out

You can opt out at any time by replying STOP to any message. After you opt out, you may receive one final confirmation message, and then no further messages will be sent (unless you re-opt in).

HELP / support

For help, reply HELP or contact us at hello@biograph.ai.

Carrier liability

Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.

Eligibility

The Messaging Program is only available to users 18+.

Changes or termination

We may change or terminate the Messaging Program at any time, including changing the number/short code/long code used to send messages. If we do, we will take reasonable steps to notify you.

You must have consent for any number you provide

You represent and warrant that you are the account holder for the mobile number you provide, or that you have been authorized by the account holder to opt in. If you provide us a number for someone else, you represent and warrant that the person has consented to receive messages from us.

Indemnity specific to messaging

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from or related to your breach of this Section 10, including providing a number without valid consent.

11. Intellectual Property

The Services (excluding User Content) are owned by Story Industries and protected by intellectual property laws. You receive a limited, non-transferable, non-sublicensable license to use the Services for personal, non-commercial use, subject to these Terms.

12. Termination

You may stop using the Services at any time. We may suspend or terminate access at any time for any reason, including for violations of these Terms.

Sections that by their nature should survive termination will survive (including IP, disclaimers, limitations of liability, indemnity, and dispute resolution).

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORY INDUSTRIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the maximum extent allowed.

15. Indemnification

You agree to indemnify and hold harmless Story Industries and its officers, directors, employees, contractors, and agents from any claims, damages, losses, and expenses (including attorneys' fees) arising from or related to: (a) your use of the Services, (b) your User Content, or (c) your violation of these Terms.

16. Dispute Resolution; Arbitration (Delaware)

16.1 Informal resolution first

Before starting arbitration, you agree to contact us at hello@biograph.ai and attempt to resolve the dispute informally.

16.2 Binding arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration, except that either party may bring qualifying claims in small claims court.

The arbitration will be conducted in English by a single arbitrator. The arbitrator may award relief only on an individual basis.

16.3 Class action waiver

YOU AND STORY INDUSTRIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Opt-out

You may opt out of this arbitration agreement by sending written notice to support@biograph.ai within 30 days of first accepting these Terms. Your notice must include: (i) your name, (ii) the email/phone associated with your account, and (iii) a clear statement that you want to opt out of arbitration.

16.5 Governing law for arbitration agreement

This arbitration agreement is governed by the Federal Arbitration Act to the extent applicable.

17. Governing Law (Substantive)

Except as limited by applicable law, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

If a dispute is found not subject to arbitration, it must be brought in the state or federal courts located in Delaware, and you consent to venue and personal jurisdiction there.

18. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify you (e.g., by posting on the site or sending an email). Continued use after the effective date means you accept the updated Terms.

19. Contact