DRAFT — not legal advice. Have a lawyer review before publishing.

Terms of Service

what are we? — whatarewe.app

Effective date: [EFFECTIVE DATE] Last updated: [LAST UPDATED DATE]

These Terms are an agreement between you and [COMPANY LLC] ("we", "us"), [ADDRESS]. They cover the "what are we?" Mac app (the "app"), the website whatarewe.app (the "site"), party games, and the optional network (together, the "service").

By using the service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

[IF ARBITRATION IS CHOSEN: Please read section 15. It requires most disputes to be resolved by individual arbitration and waives class actions.]

1. You must be 18 or older

The service is for adults only. You must be 18 or older to use the app, join the waitlist, join the network, or join a party game. By using the service, you confirm that you are 18 or older. We may close any account that we believe belongs to a person under 18.

Do not invite anyone under 18 to a party game.

2. What the service is

"what are we?" is a Mac app that analyzes your own iMessage conversations on your Mac. It shows stats, key moments, relationship and "situationship" analysis, who texts first and who invests more, and dating suggestions. It also has party games, such as "Who said it?" and friendship trivia, that friends join from their phones.

The results are for entertainment and self-reflection. They are not advice. They are not professional relationship, mental health, medical, or legal advice. Software and AI can be wrong. Do not make important life decisions based only on the app.

3. Download and install

• Download the app only from whatarewe.app. It is not on the Mac App Store.
• The app needs Full Disk Access to read your iMessage database. It can also use your Contacts if you allow it. You can remove these permissions at any time in macOS System Settings.
• You must use the app only on a Mac that you own or are allowed to use, and only with your own messages.

4. Your account

• Give accurate information.
• Keep your login secure. You are responsible for activity on your account.
• One person per account. Do not sell or transfer your account.

5. Your messages and the people in them

Your chats include messages from other people. You agree that:

• You will use the app only on your own message history.
• You will not use the app to read, analyze, or upload another person's messages from a device that is not yours.
• You will not use the service to harass, shame, threaten, stalk, blackmail, or expose anyone.
• You will not post or share quotes or screenshots from the service that reveal private information about another person without their permission. [LAWYER: review wording.]
• As a party game host, you are responsible for the quotes you approve. Review every quote before the game starts. Remove anything private, hurtful, or that a person would not want shared.

6. AI features

Some features may send selected text to an AI model provider. Each of these features is off until you turn it on, and we ask for your consent for each feature separately. The Privacy Policy explains what is sent and to whom.

AI output can be wrong, incomplete, or biased. You use it at your own risk.

7. The network (optional)

The network has two separate switches. Each needs your separate consent.

1. "Contribute my relationship labels" sends labels derived from your chats (for example friend, crush, situationship, relationship, with dates). It never sends message text.
2. "Let others look me up" lets other members look you up.

Rules for the network:

• Lookups return results only about members who turned on "Let others look me up".
• The service does not provide information about people who have not joined the network and consented. Do not try to get information about such a person.
• Results show counts as ranges, not exact numbers.
• When someone looks you up, we tell you that a lookup happened. We do not tell you who did it.
• Turning off a switch deletes what you contributed under that switch, as described in the Privacy Policy.
• You may look up a person only for your own personal, non-commercial use. Do not use the network to make decisions about employment, housing, credit, insurance, or any similar eligibility. The network is not a consumer report. [LAWYER: confirm FCRA position.]
• Do not use lookups to harass, stalk, or confront anyone.
• Do not submit false labels or labels about a person you did not have a real relationship with.

We may limit, suspend, or remove access to the network at any time to protect members.

8. Party games

• The host starts a game and shares a link. Guests join from their phones without an account.
• Guests must be 18 or older.
• Only the quotes the host approved are sent to guests.
• Guests: do not record, screenshot, or share game content outside the game without the permission of the people quoted. [LAWYER: decide whether this is enforceable on guests.]

9. Free credits and paid features

• New users get free usage credits. [DESCRIBE: how many, whether they expire.]
• Paid features are bought on the site. Stripe processes payments. Stripe's own terms also apply.
• Prices are shown before you buy. [STATE: one-time purchase, credits, or subscription.]
• [IF SUBSCRIPTION: It renews automatically until you cancel. Cancel at [HOW]. Cancellation takes effect at the end of the current period.]
• Credits have no cash value. They cannot be transferred or exchanged for money.
• Refunds: [REFUND POLICY]. This does not limit any refund right that the law gives you.
• We may change prices. A change does not affect a purchase you already made.

10. Rules of use

Do not:

• Break any law, or help anyone else break it.
• Use the service if you are under 18.
• Reverse engineer, decompile, or tamper with the app, except where the law allows it.
• Scrape, data-mine, or bulk-query the network or the service.
• Create accounts with false information, or create more than one account to get more free credits or more lookups.
• Get around our limits, security, or rate limits.
• Upload malware or attack our systems.
• Resell or commercially use the service without our written permission.

11. Content and license

• Your content stays yours. Your messages and the results on your Mac belong to you (and the other people who wrote them).
• When you send content to us (for example approved party game quotes or network labels), you give us a limited license to host, process, and show it only to run the service as described in the Privacy Policy. This license ends when the content is deleted, except for copies we must keep by law.
• Our license to you: we give you a personal, non-exclusive, non-transferable, revocable license to install and use the app on Macs you own or control, for personal, non-commercial use.
• We own the app, the site, the brand "what are we?", and our designs. These Terms do not give you rights to them except the license above.
• If you send us feedback, we may use it without paying you.

12. Third-party services

The service works with services that we do not control, such as Apple macOS and iMessage, Stripe, AI model providers, and Meta. Their terms and privacy policies apply to your use of them. We are not responsible for them.

"what are we?" is not affiliated with, endorsed by, or sponsored by Apple Inc. iMessage and macOS are trademarks of Apple Inc. [LAWYER: confirm trademark notice.]

13. Ending your use

• You can stop using the service and delete your account at any time. [DESCRIBE DELETION FLOW.] Uninstalling the app does not delete your account or network data. Delete your account, or turn off the network switches first.
• We may suspend or end your access if you break these Terms, if the law requires it, or to protect other people. If we end a paid service without cause, we will refund the unused part. [CONFIRM.]
• Sections that by their nature should continue (for example 11, 14, 15, 16) continue after your use ends.

14. Disclaimers and limits of liability

The service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the service will be accurate, error-free, or always available.

To the extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or harm to relationships. Our total liability for any claim about the service is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) [US $X].

Some places do not allow these limits. In those places, the limits apply only as far as the law allows.

You agree to indemnify us for claims by third parties that come from your breach of these Terms or your misuse of the service, including content you shared from your chats. [LAWYER: review scope.]

15. Disputes

Governing law: the laws of [STATE], USA, without regard to conflict-of-law rules.

Informal resolution first: before filing a claim, email [privacy@whatarewe.app] and describe the problem. We will try to resolve it within [60] days.

[OPTION A — ARBITRATION]: [Binding individual arbitration under [AAA / JAMS] rules, class action waiver, small-claims carve-out, 30-day opt-out by email, mass-arbitration provisions. LAWYER TO DRAFT.]

[OPTION B — COURTS]: Disputes will be decided in the state or federal courts in [COUNTY, STATE].

If you live in the EU or UK, you keep the protection of the mandatory laws of your country, and you can bring a claim in your local courts.

16. Changes to these Terms

We may update these Terms. If a change is material, we will tell you in the app or by email at least [X] days before it takes effect. If you keep using the service after that date, you accept the new Terms. If you do not agree, stop using the service and delete your account.

17. Other terms

• These Terms and the Privacy Policy are the whole agreement between you and us about the service.
• If a court finds one part invalid, the rest stays in effect.
• If we do not enforce a right, we do not give it up.
• You may not transfer these Terms. We may transfer them in a merger, sale, or reorganization.

18. Contact

[COMPANY LLC] [ADDRESS] [privacy@whatarewe.app]