Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Authentyc AI, Inc. ("Authentyc", "we", "our", or "us") regarding your access to and use of our website, services, and applications (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

Eligibility: You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are 18 years of age or older.

2. Description of Service

Authentyc provides AI-powered personality analysis and compatibility matching services. We analyze ChatGPT conversation patterns you voluntarily share to generate personality insights and suggest potential matches for hiring, dating, co-founder partnerships, and other relationship contexts.

2.1 Beta/Waitlist Phase

The Service is currently in beta/waitlist phase. This means:

• Features may be incomplete, experimental, or subject to change
• Service availability is not guaranteed
• We may invite users gradually based on waitlist position and feedback quality
• Some features (personality analysis preview) are available during waitlist; full matching features launch later

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

3. AI-Generated Content Disclaimer

3.1 No Professional Advice

Our Service does NOT provide:

• Medical or psychological advice: Our personality analyses are not psychological assessments and should not be used for diagnosis or treatment
• Employment advice: Hiring recommendations are experimental and should not replace proper background checks, interviews, or HR processes
• Relationship counseling: Dating insights are for entertainment and self-reflection, not professional matchmaking or therapy
• Legal or financial advice: Co-founder compatibility analyses are not due diligence or legal partnership counsel

3.2 Accuracy & Limitations

You acknowledge and agree that:

• AI-generated personality insights are based on limited data (ChatGPT conversation patterns) and may be incomplete, inaccurate, or biased
• Personality is complex and cannot be fully captured by analyzing text conversations
• Match suggestions are algorithmic predictions, not guarantees of compatibility or success
• Our AI models may produce unexpected, incorrect, or inappropriate outputs despite our best efforts
• You should independently verify any information and use your own judgment before making decisions

3.3 Third-Party AI Models

We use third-party AI services (OpenAI GPT-4o-mini, Google Gemini) to generate analyses. These models are subject to their own terms of service and limitations. We do not control the output of these models and disclaim responsibility for errors, omissions, or biases in AI-generated content.

4. User Responsibilities

4.1 Account & Information Accuracy

You agree to:

• Provide accurate, current, and complete information (email, interests, etc.)
• Maintain the security of your account (if/when accounts are created)
• Notify us immediately of any unauthorized access or security breaches at legal@authentyc.ai

4.2 Content You Share

When you share ChatGPT conversation links or other content with Authentyc, you represent and warrant that:

• You have the legal right to share the content (it's your conversation or you have permission)
• The content does not violate any third-party rights (privacy, copyright, etc.)
• The content does not contain illegal material, threats, harassment, hate speech, or other prohibited content
• You will not share conversations containing sensitive personal information about others without their consent

4.3 Prohibited Conduct

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of these Terms or applicable laws
• Attempt to reverse engineer, decompile, or extract the source code of our Service or AI models
• Scrape, crawl, or use automated tools to access the Service beyond our published API (if any)
• Circumvent rate limits, security measures, or access controls (we limit analyses to 3 per hour, 10 per day per IP)
• Create fake accounts, manipulate waitlist positions, or engage in fraudulent activity
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use the Service to harass, stalk, threaten, or harm others, or to discriminate based on protected characteristics
• Resell, redistribute, or commercially exploit the Service without our written permission

4.4 Compliance with Laws

You are solely responsible for ensuring your use of the Service complies with all applicable laws, including employment discrimination laws, data protection laws (GDPR, CCPA), and anti-harassment laws in your jurisdiction.

5. Intellectual Property Rights

5.1 Ownership of Service

The Service, including all software, algorithms, design, text, graphics, logos, and other content (excluding user-generated content), is owned by Authentyc and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

5.2 Ownership of Analysis Data

As stated in our Privacy Policy, you own your personality analysis data. However, by using the Service, you grant Authentyc a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your analysis data to provide the Service to you
• Use aggregated, de-identified analysis data to improve our AI models, algorithms, and matching systems
• Analyze trends and patterns across multiple users for research and product development

This license terminates when you delete your analysis data, except for de-identified data already incorporated into our models.

5.3 Feedback & Suggestions

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant Authentyc a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate Feedback into our Service without compensation or attribution.

6. Privacy & Data Usage

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We collect email, interests, ChatGPT conversation data (when shared), and analytics
• We use third-party services (OpenAI, Google Gemini, Supabase, Resend, PostHog, Vercel)
• Personality analyses are automatically deleted after 30 days
• We do not sell your personal information to third parties
• You can request deletion of your data at any time

7. Service Availability & Support

7.1 No Uptime Guarantees

The Service is provided on an "as available" basis. We do not guarantee the Service will be available 24/7, uninterrupted, or error-free. We may experience downtime for maintenance, upgrades, or due to factors beyond our control (third-party API outages, hosting issues, etc.).

7.2 Beta/Experimental Features

During the beta phase, features may be incomplete, buggy, or subject to change without notice. We make no commitments about feature availability, performance, or roadmap.

7.3 Customer Support

We provide best-effort email support at legal@authentyc.ai. We aim to respond within 5 business days but do not guarantee response times or issue resolution.

8. Fees & Payment (Future)

The Service is currently free during the waitlist/beta phase. We may introduce paid plans or premium features in the future. If we do:

• We will provide at least 30 days' notice before charging existing users
• Pricing will be clearly disclosed on our website
• You will have the option to opt-out and delete your account before any charges occur
• All fees are non-refundable unless required by law

9. Termination

9.1 Termination by You

You may stop using the Service at any time. To delete your data, email privacy@authentyc.ai.

9.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if:

• You violate these Terms or our Privacy Policy
• You engage in prohibited conduct (fraud, abuse, illegal activity)
• We discontinue the Service or cease operations
• Required by law or legal process

9.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• Your data will be deleted according to our Privacy Policy (waitlist data upon request, analysis data after 30 days)
• Sections 3 (AI Disclaimers), 5 (Intellectual Property), 10-16 (Liability, Indemnification, Disputes) survive termination

10. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

AUTHENTYC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, secure, or error-free
• AI-generated personality analyses will be accurate, reliable, or suitable for any purpose
• Match suggestions will result in successful relationships, hires, or partnerships
• Defects or errors will be corrected
• The Service is free from viruses or other harmful components

Some jurisdictions do not allow disclaimers of implied warranties, so some of the above disclaimers may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTHENTYC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF AUTHENTYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Authentyc's total liability to you for all claims arising out of or related to these Terms or the Service exceed $100 USD or the amount you paid to us in the 12 months preceding the claim (whichever is greater).

11.1 Examples of Excluded Liability

Without limiting the above, we are not liable for:

• Decisions made based on AI-generated personality analyses or match suggestions (e.g., hiring the wrong person, dating incompatible partners, choosing the wrong co-founder)
• Data breaches or security incidents at third-party services we use (OpenAI, Supabase, etc.)
• Harmful, offensive, or inaccurate AI-generated content (despite our content filters)
• Loss of business opportunities, reputation damage, or emotional distress arising from use of the Service
• Downtime, data loss, or service interruptions due to factors beyond our control

11.2 State-Specific Exceptions

Some jurisdictions (e.g., New Jersey, California) do not allow limitations on implied warranties or exclusions of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Authentyc and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights (privacy, intellectual property, etc.)
• Content you share with the Service (e.g., ChatGPT conversations containing third-party confidential information)
• Decisions you make based on AI-generated analyses (e.g., hiring, firing, relationship, or business decisions)

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

13. Third-Party Links & Services

The Service may contain links to third-party websites, services, or content (e.g., ChatGPT, social media). We do not endorse, control, or assume responsibility for third-party content or services. Your use of third-party services is governed by their terms and privacy policies.

Specifically, when you share ChatGPT conversation links, you are subject to OpenAI's Terms of Service and Sharing Policy. Ensure you have the right to share such conversations.

14. DMCA & Intellectual Property Claims

If you believe content on our Service infringes your intellectual property rights, please contact us at legal@authentyc.ai with:

• Description of the copyrighted work or intellectual property
• Location of the infringing material on our Service
• Your contact information (name, address, email, phone)
• A statement that you have a good faith belief the use is not authorized by the copyright owner
• A statement that the information in the notice is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner
• Your physical or electronic signature

15. Dispute Resolution & Arbitration

15.1 Informal Dispute Resolution

Before filing a formal dispute, you agree to contact us at legal@authentyc.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

15.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Authentyc agree that any claim, dispute, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Key terms:

• Individual Basis Only: Arbitration will be conducted on an individual basis, not as a class action, consolidated action, or representative action
• Location: Arbitration will take place in the county where you reside or via videoconference/telephone if you prefer
• Costs: Each party pays their own attorneys' fees. Authentyc will pay AAA filing fees for claims under $10,000
• Governing Law: These Terms and any arbitration will be governed by the Federal Arbitration Act and Delaware law (excluding conflict-of-law principles)
• Arbitrator's Authority: The arbitrator may award the same relief as a court, but only to the individual party seeking relief

15.3 Class Action Waiver

YOU AND AUTHENTYC 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

The arbitrator may not consolidate claims of multiple parties or preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, the entire arbitration agreement (Section 15) is void, and Disputes will be resolved in court.

15.4 Exceptions to Arbitration

The following Disputes are exempt from arbitration and may be litigated in court:

• Claims for injunctive or equitable relief to protect intellectual property
• Small claims court actions (if they remain in small claims court)
• Claims that cannot be arbitrated under applicable law

15.5 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@authentyc.ai with subject line "Arbitration Opt-Out" and including your name and email address. If you opt out, all other terms still apply, but disputes will be resolved in court.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Subject to the arbitration agreement in Section 15, any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. We will notify you of material changes by:

• Updating the "Last Updated" date at the top of these Terms
• Sending an email to registered users (for material changes)
• Displaying a prominent notice on our website

Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Authentyc regarding the Service and supersede all prior agreements or understandings.

18.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to reflect the parties' intent to the maximum extent permitted by law.

18.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Authentyc.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our written consent. We may assign these Terms (e.g., in connection with a merger or acquisition) without your consent.

18.5 Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, third-party service outages (AWS, OpenAI, etc.), or government restrictions.

18.6 Export Controls

The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and import laws and regulations. You may not use the Service if you are located in a country embargoed by the United States or are on a U.S. government restricted party list.

19. Contact Information

If you have questions or concerns about these Terms, please contact us: