These Terms of Service (the "Terms") are a binding agreement between You and the Operator and govern access to and use of Eaves, available at https://eaves.up.railway.app and through Our desktop and Android applications (collectively, the "Service"). "You" and "Your" refer to the person or entity accessing or using the Service. The Service is currently an invite-only beta, operated from the United States.
This box is a plain-language summary. The full Terms below are what actually governs.
1.1 By creating an account, creating a temporary guest account, or accessing or using the Service in any way, You agree to these Terms and to Our Privacy Policy. If You do not agree, do not use the Service.
1.2 The Service is currently an invite-only beta. Access may be granted, limited, or withdrawn at Our discretion during the beta period.
2.1 You must be at least 13 years old to use the Service. The Service is not directed to children under 13, and We do not knowingly permit accounts for anyone under 13. If We learn that an account belongs to a person under 13, We will terminate the account and delete that person's personal information, subject to the same limited exceptions described in Section 10 for content already delivered to other users and content under a legal hold.
2.2 If You are between 13 and 17 years old, You may use the Service only with the permission of a parent or legal guardian who agrees to these Terms on Your behalf and accepts responsibility for Your use of the Service, including any purchases.
2.3 You must not be barred from using the Service under applicable law, and You must not have been previously banned from the Service.
3.1 The Service is a community platform for small groups: persistent spaces ("Spaces") for text chat, voice and video calls, screen sharing, file sharing, and related social features, plus an optional white-label client portal feature ("Portals," Section 12). It is available on the web, as a Windows desktop application, and as an Android application.
3.2 Small-group design. Voice, video, and screen sharing run peer-to-peer over WebRTC and are designed for approximately 10 to 20 participants per call, not large audiences.
3.3 Relayed connections. Where a direct peer-to-peer connection cannot be established, media is routed through relay (TURN) servers operated by third parties. Relayed video may be limited in quality depending on Your plan (Section 11.6). Direct connections are not capped, and voice quality is never capped.
3.4 Connection telemetry. To meter relay costs, We collect limited per-connection telemetry: whether a connection is direct or relayed, and byte counts. The Privacy Policy provides details.
3.5 Beta status. Features may change, break, or be removed. There is no public account browsing or user discovery; user search matches exact usernames only.
3.6 Data minimization. The Service is designed to ask for as little personal information as possible. Providing an email address is optional (Section 4.1.2). No phone number, no legal or real name, and no government identification or face scan is required to sign up for or use the Service.
3.7 AI-assisted activities. Some in-call activities send the text You submit during that activity to a third-party AI service in real time to generate a response, such as a judgment or reaction, for gameplay purposes (Section 13.1(l)). This is done to power that specific feature as You use it; it is not used to train or improve any AI or machine learning model (Section 6.2.1). When You use an activity of this kind, You are interacting with an automated system, not a human reviewer or moderator.
4.1 You are responsible for the accuracy of the information You provide and for all activity under Your account. Keep Your password secret; We will never ask You for it, and We store passwords only as hashes, never in plaintext.
4.2 Email is optional. If You provide one, it is used for verification, password reset, and email-based two-factor codes. Accounts without a verified email address may be subject to additional rate limits.
4.3 Two-factor authentication is available (an authenticator app or email codes). If You enable it, store Your backup codes safely; losing both Your 2FA method and Your backup codes may lock You out of Your account.
4.4 Temporary guest accounts require no password or email, expire 24 hours after creation, are restricted from some actions, and may be converted to a full account before they expire. Anything not converted is lost when the guest account expires.
4.5 You must not share, sell, or transfer Your account. We may suspend or ban accounts that violate these Terms, including at the IP level, and We check for ban evasion at account creation; evading a ban is itself a violation of these Terms.
5.1 You agree not to use the Service to:
5.2 We may remove Content or restrict accounts that violate this Section 5, and We may act on either a user report or an automated flag.
6.1 Ownership. You own Your Content. "Content" means anything You create, upload, send, or stream on the Service. We claim no ownership of Your Content.
6.2 License. To operate the Service, You grant the Operator a non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, transmit, display, and process Your Content, solely for the purposes of operating, securing, moderating, and improving the Service. For Content in encrypted Spaces, this processing applies to the ciphertext We store and relay; We do not have access to the underlying text in the normal course of operation (Section 7).
6.2.1 What this license does not permit. This license does not give the Operator any right to: (a) sell Your Content, or grant any third party an independent right to use it; (b) publish, broadcast, syndicate, or otherwise distribute Your Content outside the Service; (c) use Your Content in advertising, marketing, or promotional materials; or (d) use Your Content to train or improve artificial intelligence or machine learning models, whether for the Operator's own use or a third party's. The license in Section 6.2 is limited to what is necessary to operate, secure, moderate, and improve the Service, and extends no further.
6.3 Term of license. This license ends when Your Content is deleted or expires, except that: (a) copies already delivered to other users (for example, messages they received or files they downloaded) are not recalled; (b) Content preserved under quarantine or a legal hold is retained as the law requires; and (c) residual copies may persist briefly in backups and caches before cycling out.
6.4 Responsibility. You are responsible for Your Content. Upload only what You have the right to share.
This Section states what is and is not private on the Service. The Privacy Policy provides full details.
7.1.1 End-to-end encryption applies to message text only and is opt-in per Space. The owner of a Space may enable encryption in the Space's settings. Encryption is not enabled by default.
7.1.2 Messages sent before encryption was enabled in a Space remain unencrypted permanently.
7.1.3 For encrypted messages, We do not have access to the message content in the normal course of operation, subject to the following, each of which You agree to by accepting these Terms as a condition of using the Service: (a) reporting a message discloses that message and a surrounding span of context to reviewers, so that reviewers have enough context to evaluate the report. If You are the one who submits the report, You additionally consent to that specific disclosure by choosing to report. If another participant reports a message from a conversation You are part of, the same span may include messages You sent; that disclosure is authorized under this Section by Your acceptance of these Terms, not by any separate act of consent on Your part for that instance, and reviewers see only the reported span, not Your full message history; and (b) the web client runs code delivered from Our servers; We do not have access to Your messages in the normal course of operation, but as with any web-delivered application, You are trusting the code We serve.
7.1.4 The Service includes an optional safety-number (SAS) verification feature that permits You and a contact to confirm You are communicating with each other directly. It is a tripwire against interception. It cannot protect against a stolen key, a compromised device, or a contact sharing Your messages.
7.1.5 In Spaces without encryption enabled, message text is stored on and readable by Our servers, as with a conventional chat service.
7.3.1 Uploaded files, images, videos, drawings, and voice notes are never end-to-end encrypted, even in encrypted Spaces. They are stored on Our infrastructure in a form Our systems can read.
7.3.2 Every upload is automatically scanned for illegal and prohibited content by automated systems, including third-party image-moderation services, on-device classifiers, and industry hash-matching as deployed. An automated system does process every upload.
7.3.3 No human reviews Your uploads unless they are reported by a user or flagged by the automated scan.
7.3.4 Uploads are access-controlled to Your Space or Portal: private from other users and from the public, but not private from the Operator.
Encryption hides message content only. We can see metadata: who communicates with whom, when, and how often; Space and channel membership; file sizes and types; timestamps; reactions, pins, and edits; IP addresses; push notification tokens; and connection telemetry (direct versus relayed, byte counts). Do not use the Service expecting metadata privacy from the Operator.
Live streams are peer-to-peer and are not scanned by any automated system. The only moderation path for live streams is user reporting. When You report a live camera or screen stream, the reporting flow captures a small number of still frames (approximately three) of the reported stream on Your device and uploads them as evidence. That evidence is quarantined, access-restricted, attributed to the reported user, and preserved as moderation evidence for up to one year.
7.6.1 Voice, video, and screen-sharing features on the Service are multi-participant. By using them, You acknowledge that other participants may see, hear, and independently capture, screenshot, or record what You share, and that the Operator is not responsible for another participant's independent capture of Your content outside the Service.
7.6.2 As described in Section 7.5, when a participant reports a live camera or screen stream, the reporting participant's device captures a small number of still frames of the reported stream and uploads them as evidence. By using the Service's live voice, video, and screen-sharing features, You consent to this capture as a condition of using those features, whether You are the participant reporting or the participant being reported. This capture exists solely to support the reporting and moderation process described in Section 8, is limited to the frames described in Section 7.5, and is not a general recording of calls.
7.6.3 Laws governing the recording of communications vary by jurisdiction. The consent described in this Section is provided under, and governed by, United States law. If You join a call from a jurisdiction with different or additional requirements for recording or capturing communications, You are responsible for Your own compliance with the laws of that jurisdiction.
7.7.1 We disclose user information to law enforcement or government agencies only when required by valid legal process, such as a subpoena, court order, or warrant.
7.7.2 Where legally permitted, We will make reasonable efforts to notify the affected user before disclosing their information, unless doing so would endanger someone or is prohibited by law or by the terms of the legal process.
7.7.3 We intend to publish a periodic transparency report stating the number of such requests received.
7.7.4 This Section 7.7 is separate from, and does not affect, the mandatory reporting of CSAM to NCMEC described in Section 8.2.
8.1.1 Automated scanning (Section 7.3) and user reports are the two inputs to moderation.
8.1.2 A flag quarantines Content: the Content is hidden and preserved, not deleted. A platform administrator may then view the flagged Content to review it, and may release it (false positive), remove it, or escalate it to a legal hold.
8.1.3 Moderation actions are recorded in an audit log.
We scan uploads and act on user reports, but We do not promise to catch everything. When We obtain actual knowledge of apparent CSAM, We report it to the National Center for Missing and Exploited Children ("NCMEC") and preserve the material as United States law requires (18 U.S.C. § 2258A), and the account is terminated immediately and permanently. This reporting duty is not limited to images or video; it extends to any apparent violation enumerated in 18 U.S.C. § 2258A, including text-based content, when We obtain actual knowledge of it, whether through automated scanning or a user report. We may also report other serious illegal content to law enforcement or other authorities where the law requires or permits.
Content that depicts an identifiable, real individual in an intimate or sexually explicit context, shared without that individual's consent, including a realistic image or video generated or altered by AI, may be reported using the process described in this Section 8. On receiving a valid, sufficiently specific report identifying such Content, We will remove or disable access to it within 48 hours, consistent with the federal TAKE IT DOWN Act.
Depending on severity and history, We may: remove or quarantine Content; restrict features; suspend accounts; terminate accounts; ban IP addresses; and deactivate or remove Spaces or Portals. For CSAM and other serious illegal content, termination is immediate and permanent.
If You believe a moderation or enforcement action was made in error, contact eaveshq@gmail.com with the details. We review appeals in good faith, but We cannot guarantee a response time, and decisions on appeal are final. Content under a legal hold cannot be released through an appeal.
The Operator provides an interactive computer service within the meaning of 47 U.S.C. § 230 and does not treat itself as the publisher or speaker of Content that a user submits. We do not independently verify, endorse, investigate, or vouch for the accuracy, legality, or appropriateness of any user's Content, and You may encounter Content from other users that is inaccurate, offensive, or objectionable. Moderation and enforcement decisions under this Section 8 are made in good faith and at Our discretion, and do not create an ongoing duty to monitor all Content.
9.1 We respect intellectual property rights and expect users to do the same.
9.2 If You believe Content on the Service infringes Your copyright, send a notice under the Digital Millennium Copyright Act ("DMCA") containing: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) Your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the notice is accurate and that You are authorized to act; and (f) Your physical or electronic signature.
9.3 Designated agent: to be designated with the U.S. Copyright Office. Until then, copyright complaints may be sent to eaveshq@gmail.com.
9.4 If Your Content was removed and You believe the removal was a mistake or misidentification, You may send a counter-notice with the information required by 17 U.S.C. § 512(g). On receiving a valid counter-notice, We will forward it to the party who submitted the original takedown notice. Unless that party notifies Us that it has filed a court action seeking to restrain You from the infringing activity, We will restore the removed Content within 10 to 14 business days of receiving the counter-notice.
9.5 Repeat infringers. We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users determined to be repeat infringers. An account that is the subject of two or more substantiated DMCA takedown notices within a rolling 12-month period may be suspended or terminated at Our discretion. We may also suspend or terminate an account after a single substantiated notice where the circumstances warrant it.
9.6 Encrypted Spaces. Where allegedly infringing Content is in an Encrypted Space (Section 7.1), We cannot selectively view or edit individual messages absent a report that discloses the relevant span (Section 7.1.3). Removing or disabling access to specific Content in that circumstance may require removing or disabling the encrypted item, message, or thread as a whole.
10.1 The Service deletes most Content automatically on a schedule. Keep Your own copies of anything You need long-term. The schedules are:
10.1.1 Chat messages: auto-delete on a per-Space schedule set by the Space owner, from 1 day up to 365 days; the default is 30 days. Pinned messages do not expire while pinned; unpinning restarts a fresh retention window.
10.1.2 Uploaded chat files: default retention of approximately 30 days, configurable per Space from 1 to 90 days. Pinned files do not expire; when the last pin is removed, the countdown restarts.
10.1.3 Pinned storage: pinned Content counts against a plan-tiered storage cap (Section 11). If Your plan lapses and You are over the free cap, over-cap pins freeze read-only for a grace period of approximately one year, during which they remain downloadable and an export is offered; resubscribing restores them instantly. After the grace period they revert to normal file expiry.
10.1.4 Portal deliveries: default 60 days per Portal, extendable, or marked keep-forever per delivery (Section 12).
10.1.5 Sessions: 30 days, revoked server-side on logout.
10.1.6 Temporary guest accounts: 24 hours.
10.1.7 Quarantined and legal-hold Content: preserved as long as the law requires; confirmed CSAM is preserved for one year after the NCMEC report.
10.2 Account deletion. You may delete Your account, which clears Your user data. The following survive deletion: messages and files other users already received; ciphertext backups of encrypted messages; and Content under quarantine or legal hold that the law requires Us to preserve.
10.2.1 Why encrypted messages survive. Ciphertext backups of encrypted messages survive because a Space's message history is shared among its members; deleting Your account does not erase a conversation from the side of the other members who already received it, the same way leaving any group conversation does not erase Your past messages from the other participants' view (Section 6.3). This does not change Our access: those messages remain governed by Section 7, and We do not have access to their content in the normal course of operation after Your account is deleted, any more than before.
10.3 Data portability. You may download an export of Your account data at any time from the application's account settings ("Download My Data"), covering Your profile, server memberships, friends, friend requests, blocked users, messages You authored, files You uploaded, pinned-file records (a full ZIP of the pinned files themselves is available separately), credits ledger, and reports You filed. Content other users authored, reports filed against You, and who has blocked You, are not included, as that is not Your own data. You may also contact eaveshq@gmail.com with further data requests. Deleting Your account actually removes Your data from the Service; the only categories that remain are those listed in Section 10.2, such as messages other users already received.
10.4 Removing Your Own Content. You may delete Your own messages and files at any time using the Service's delete features. This is the mechanism by which You, including as a minor, may remove Content You posted, consistent with applicable law giving minors that right. Deleting Your own Content does not undo copies already delivered to other participants (Section 6.3).
All payments are processed by Stripe. We never see or store Your card number. Stripe may offer additional payment methods (such as Klarna, Link, Cash App Pay, or Amazon Pay) at checkout. All prices and amounts stated in these Terms are in United States Dollars (USD) and do not include any applicable sales, use, or value-added tax, which may be added at checkout. You must have an email address on file to make any purchase, so that We can send purchase confirmations and renewal-related notices; if You have not provided one, add it in Your account settings before subscribing or buying Credits (Section 4.2).
11.2.1 The Supporter plan costs $6 USD per month or $48 USD per year (annual is four months free, the equivalent of $4 USD per month). This is a subscription that automatically renews at the end of each billing period, monthly or annually depending on Your selection, at the then-current price, until You cancel as described in Section 11.2.3. By subscribing, You authorize Us and Our payment processor, Stripe, to charge Your chosen payment method for the recurring subscription fee at the start of each billing period, without further authorization from You for each renewal. Billing is handled through Stripe Checkout.
11.2.2 Current perks are described on the plans page and may change with notice. Perks currently include a supporter badge, a monthly grant of Credits (Section 11.3), a larger pinned-storage cap (20 GB versus the free 3 GB), and free game unlocks.
11.2.3 Cancellation. You may manage or cancel at any time through the Stripe Customer Portal, reachable from the same in-app screen where You subscribed, with no additional steps required beyond confirming the cancellation there. Cancellation takes effect at the end of the current billing period; perks lapse at that point. We do not provide partial-period refunds except where required by law.
11.2.4 On lapse. Credits already granted are Yours to keep. Over-cap pinned Content follows the read-only grace rules in Section 10.
11.2.5 Price changes will be announced with advance notice before they take effect for You, and You will have the opportunity to cancel before a price increase is charged to You. Independent of any price change, if You are on the annual plan, We will send a reminder before Your subscription renews.
11.2.6 Additional plan tiers may be displayed as "coming soon." They are not purchasable, and nothing in these Terms applies to them until they launch.
11.3.1 "Credits" are store credit usable only inside the Service. 1 Credit = $0.01 USD in purchasing value. Credit packs are available in fixed amounts (currently $2, $5, and $10 USD; larger packs may include bonus Credits).
11.3.2 Credits are non-refundable, non-withdrawable, and cannot be redeemed for cash. Credits never expire, but see Section 17: Credits and unlocks are forfeited if Your account is terminated for violating these Terms. If forfeiture of Credits or unlocks on termination is unenforceable in Your jurisdiction, that limitation does not affect the rest of this Section 11.3 or Your account's termination under Section 17.
11.3.3 Credits may be spent on one-time unlocks such as in-call games (currently 50 Credits per game) and cosmetics such as avatar frames (currently 100 to 200 Credit bundles). Unlocks are tied to Your account and are not transferable.
11.3.4 Prices in Credits may change with notice; unlocks You have already purchased remain unlocked.
11.3.5 Nature of purchased unlocks. A Credit-purchased unlock or cosmetic gives You a personal, non-exclusive, non-transferable, revocable license to use it within the Service; it is not a transfer of ownership of anything. If We discontinue a specific unlock or cosmetic, unlocks You already purchased remain usable where technically practical, but We do not guarantee indefinite availability of any specific item.
11.3.6 Credits are closed-loop store credit usable only within the Service. We do not intend for unused Credits to constitute unclaimed or abandoned property under any state's unclaimed-property law, to the extent that law permits closed-loop store credit to be treated this way.
If You are under 18, You may make purchases only with the involvement and consent of a parent or legal guardian. Purchases made by minors may be voidable under the laws of some states. Parents and guardians are responsible for purchases made by minors in their care.
The Service currently has no advertising. We are considering an optional, opt-in rewarded-ads feature (initially US-only, browser-only), under which watching an advertisement would earn a Credit. If and when such a feature launches: as planned, participation will be strictly opt-in; the ad network involved will perform its own tracking, which We will disclose at that time; and minors will be shown non-personalized advertisements only. If that tracking involves sharing information with the ad network for cross-context advertising, We will provide an opt-out consistent with applicable law, such as a "Do Not Sell or Share" mechanism and support for recognized browser opt-out signals, before the feature launches. We do not promise that the Service will remain ad-free forever; We have no plans to place advertisements in Your chats.
Direct peer-to-peer connections are not capped. Where Your traffic must route through the third-party relay (TURN) servers that carry relayed traffic, which cost Us money to use, relayed video may be limited by plan (currently 720p on the free plan; supporter limits are described on the plans page as they roll out), with a usage budget. Voice is never capped on any plan. We may adjust relay limits to keep costs sustainable, with notice for material changes.
This Section applies if You operate a client portal (a "Business") or use one as a client (a "Client"). It supplements the remainder of these Terms.
Any user may operate a white-label business Portal. Each customer of the Business receives an isolated booth with files, chat, a calendar, and the Business's branding. Clients cannot see each other. Clients claim full Service accounts through the Business's branded invite pages, and those accounts are subject to these Terms.
12.2.1 The Business is the controller of its Clients' data. The Business is responsible for its Client relationships, its branding, the lawfulness of what it collects and shares through its Portal, providing any privacy notices its Clients are owed, and obtaining any consents its jurisdiction requires.
12.2.2 The Operator is a processor and host. We provide the infrastructure and process Portal data on the Business's behalf to operate the Service. On a Business's request following deletion of its Portal, We will delete or return the Portal's Content, subject to the retention exceptions described in Section 10.
12.3.1 Portal Content is not end-to-end encrypted. This is a deliberate design decision. Portal files, chat, deliveries, and voice notes are server-readable, and hosted media passes through the same automated moderation pipeline as the rest of the Service (Section 7.3).
12.3.2 Deliveries and retention. Portal deliveries are stored on Our object storage (multi-gigabyte uploads supported, currently up to 20 GB per file) with a default retention of 60 days per Portal, extendable, or keep-forever per delivery.
12.3.3 Activity visibility. Portals include download receipts and an activity feed. Clients should understand that the Business can see when they download deliveries and act in the Portal.
12.3.4 API tokens. Businesses may create an ingestion API token. It is shown once, stored hashed, and revocable. Keep it secret; anything done with Your token is attributed to You.
12.3.5 Custom branding. Business custom CSS and themes apply only to Portal pages, never to the login page, and must not be used to impersonate Eaves, hide required notices, or deceive Clients.
Businesses must not use Portals for illegal activity, to distribute prohibited content, or to collect data from Clients deceptively. We may suspend Portals that violate these Terms.
13.1 The Service relies on third-party providers to operate. By using the Service, You acknowledge that Your data is processed by these providers in the roles described:
13.2 The Privacy Policy describes what data each processor handles.
14.1 Accessibility. We aim for the Service to be usable by people with disabilities and welcome feedback on accessibility barriers at eaveshq@gmail.com. This statement of effort does not itself create a warranty or expand the disclaimers above.
NOTHING IN THIS SECTION 15 LIMITS EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless the Operator from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) Your Content; (b) Your use of the Service in violation of these Terms or applicable law; (c) Your violation of any person's rights; or (d) if You operate a Portal, Your relationship with Your Clients and the data You collect through Your Portal.
17.1 By You. You may stop using the Service at any time and may delete Your account (Section 10 describes what survives deletion).
17.2 By Us. We may suspend or terminate Your access, or the Service itself, for violation of these Terms, for legal reasons, to protect users, or, during the beta, at Our discretion with reasonable notice where practical. Serious violations (including CSAM) result in immediate termination without notice.
17.3 Effect of termination. On termination, Your license to use the Service ends. Sections that by their nature survive (including Sections 6 through 10 and 14 through 19) survive termination. Credits and unlocks are forfeited if Your account is terminated for violating these Terms; if You simply stop subscribing, Section 11 applies.
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules.
Before filing a claim against the Operator, You agree to first contact Us at eaveshq@gmail.com and describe the claim and the relief You seek. We will attempt in good faith to resolve the claim directly with You. If the claim is not resolved within 60 days of Your notice, You or We may proceed as set out below.
Except for the disputes described in Section 18.6, You and the Operator agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court. The arbitration will be conducted by a single arbitrator and, unless You and the Operator agree otherwise, will be conducted by written submissions or by telephone or video conference where the amount in controversy and the circumstances make an in-person hearing impractical, in or convenient to New Jersey. The arbitrator's decision will be final and binding, subject to any limited review available under the Federal Arbitration Act.
You may opt out of Sections 18.3 and 18.4 by sending written notice to eaveshq@gmail.com within 30 days of the date You first agree to these Terms, stating Your name, Your account username, and a clear statement that You opt out of arbitration. If You opt out, neither You nor the Operator is bound by the arbitration agreement in Sections 18.3 and 18.4, every other part of these Terms still applies, and any dispute will instead be brought in the state or federal courts located in New Jersey, and You consent to the personal jurisdiction and venue of those courts.
Notwithstanding Sections 18.3 and 18.4: (a) either party may bring an individual action in small claims court for a qualifying claim instead of arbitration; and (b) either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights, pending the outcome of arbitration. Nothing in this Section 18 limits rights You may have under the consumer-protection laws of Your home jurisdiction that cannot be waived by agreement, or prevents either party from seeking injunctive relief where available.
If the class action waiver in Section 18.4 is found unenforceable as to a particular claim or request for relief, that claim or request must be severed from arbitration and brought in the courts described in Section 18.5, and the remainder of this Section 18 still applies to all other claims. If any other part of this Section 18 is found unenforceable, the rest of this Section 18 remains in effect.
If arbitration or the class-action waiver in this Section 18 is found unenforceable as applied to a user who was a minor at the time that user accepted these Terms, that user's claims proceed in the courts described in Section 18.5, and this does not affect the enforceability of this Section 18 as to any other user.
19.1 The Service is operated from the United States, and these Terms are written for United States law. If You use the Service from the European Union, the United Kingdom, or elsewhere, additional laws (including the GDPR, the EU Digital Services Act, and the UK Online Safety Act) may grant You rights or impose requirements that these Terms do not yet address. We do not currently target those markets, and use from those regions is at Your own initiative. You are responsible for compliance with Your local laws, including any local law governing the recording of communications (Section 7.6.3).
19.2 Export control and sanctions. The Service, including its encryption features, may be subject to United States export control and economic sanctions laws. You represent that You are not located in, and are not a national or resident of, any country subject to a comprehensive US embargo, and that You are not listed on any US government list of restricted or prohibited parties. You agree not to use the Service in violation of any applicable export control or sanctions law.
19.3 Age-verification and youth-online-safety laws. Some jurisdictions have enacted laws requiring app marketplaces or developers to verify a user's age or a parent's consent for a minor's account, in addition to the self-reported permission described in Section 2.2. Where such a law applies to Your use of the Service, We will implement the signals or mechanisms that law requires as they become applicable to Us.
19.4 AI-system transparency. Some jurisdictions require disclosure when a person is interacting with an AI system. Section 3.7 describes the Service's AI-assisted activities and discloses that interaction.
We may update these Terms from time to time. For material changes, We will notify You (in-app and/or by email if You have provided one) before the changes take effect where practical. We will maintain a dated version history of these Terms so that changes are visible rather than silent. The "Effective date" at the top of these Terms reflects the latest revision. Continued use of the Service after changes take effect constitutes acceptance. If You do not agree to a change, stop using the Service and, if applicable, cancel Your subscription before the change takes effect.
21.1 Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between You and Us regarding the Service.
21.2 Severability. If any provision of these Terms is found unenforceable, the remainder remains in effect.
21.3 No waiver. Our failure to enforce a provision is not a waiver of it.
21.4 Assignment. You may not assign these Terms; We may assign them in connection with a reorganization, sale, or formation of a business entity, with notice. Assigning these Terms means a successor operator takes over operating the Service under this same agreement; it is not a sale of Your data, which Our Privacy Policy separately prohibits.
21.5 Feedback. If You send Us feedback, ideas, or suggestions about the Service, You grant Us a royalty-free, perpetual, irrevocable license to use them for any purpose, without any obligation to You.
21.6 Electronic communications. You consent to receive all notices, disclosures, and communications We are required to provide under these Terms electronically, by email (if You have provided one) or in-app notification, and You confirm that You are able to retain such communications, for example by saving or printing them.
Questions, appeals, DMCA notices, and legal inquiries: eaveshq@gmail.com
DMCA designated agent: to be designated with the U.S. Copyright Office
Reminder: this document is a DRAFT for review by a licensed attorney before publishing. It is not legal advice.
See also the Privacy Policy.