Terms & Conditions
Effective Date: May 14, 2026
Company name: WITHIN U LLC.
These Terms and Conditions (“Terms”) apply beginning on May 14, 2026, and govern your access to and use of the WITHIN U platform and related services.
1. Parties and Agreement
These Terms constitute a legally binding agreement between you and WITHIN U LLC, doing business as WITHIN U (“WITHIN U”, “we”, “us”, or “our”).
These Terms govern your access to and use of:
- the WITHIN U mobile application,
- the WITHIN U website,
- AI-powered systems and features,
- behavioral insight systems,
- community and social features,
- subscriptions and premium services,
- content, media, and communications,
- and all related software, functionality, tools, updates, and services we provide from time to time (collectively, the “Service”).
By creating an account, downloading the application, accessing the Service, purchasing a subscription, clicking to accept these Terms, or otherwise using any portion of the Service, you acknowledge that you have read, understood, and agreed to be bound by:
- these Terms and Conditions; and
- our Privacy Policy, which is incorporated into these Terms by reference.
If you do not agree to these Terms, you must immediately discontinue use of the Service.
To the fullest extent permitted by applicable law, electronically accepted agreements and records shall have the same legal force and effect as physically signed written agreements.
2. Definitions
For purposes of these Terms:
2.1 User
“User,” “you,” or “your” means any individual who downloads, installs, accesses, browses, visits, purchases, subscribes to, interacts with, or otherwise uses any part of the Service, whether or not that individual creates a registered Account, signs in through an email provider, phone number, Apple ID, Google account, device-based access method, or any other authentication method.
2.2 Account
“Account” means a registered WITHIN U user profile, login, or authentication-based account, where applicable. Some users may access certain portions of the Service without creating a traditional registered Account, but all such users remain fully bound by these Terms.
2.3 Content
“Content” means all text, graphics, visuals, audio, video, prompts, designs, scores, interfaces, narrative elements, messages, and other materials made available through the Service.
2.4 Generated Content
“Generated Content” means outputs, recommendations, analyses, summaries, scores, classifications, responses, or other content produced in whole or in part by automated systems, AI-enabled systems, or algorithmic processes.
2.5 User Content
“User Content” means any content you upload, submit, transmit, publish, post, message, store, input, answer, record, or otherwise make available through the Service, whether through an Account or through accountless use.
2.6 Behavioral Insights
“Behavioral Insights” means any non-clinical score, classification, dependency indicator, trend analysis, habit metric, streak system, progression indicator, behavioral pattern flag, or self-assessment-style output generated by the Service based on user inputs, interactions, surveys, engagement history, or platform activity.
2.7 Subscription
“Subscription” means any paid, premium, recurring, auto-renewing, promotional, free-trial, limited-access, app-store-based, or accountless billing arrangement associated with the Service.
2.8 WITHIN U Parties
“WITHIN U Parties” means WITHIN U and its current and former parent companies, subsidiaries, affiliates, licensors, contractors, vendors, employees, officers, directors, agents, successors, and assigns.
3. Purpose and Nature of the Service
3.1 Nature and Intended Use of the Service
WITHIN U is a gamified accountability, habit-awareness, self-reflection, behavioral-support, and wellness-oriented platform designed to help users monitor and reflect upon their own habits, routines, emotional states, triggers, impulses, self-reported experiences, behavioral patterns, progress, setbacks, and self-improvement goals. The Service may do this through structured tools, fictional storytelling systems, AI-enabled interactions, educational material, motivational frameworks, progress-tracking systems, behavioral insight systems, and optional community participation where available.
The Service is intended solely for informational, educational, motivational, self-monitoring, habit-awareness, reflective, and generalized wellness-oriented self-management purposes within a fictionalized and gamified environment. WITHIN U is not a medical platform, psychiatric service, psychological clinic, therapy provider, detoxification program, rehabilitation center, healthcare institution, emergency-response system, or crisis-intervention service. Nothing within the Service creates a doctor-patient relationship, therapist-client relationship, counselor-client relationship, fiduciary relationship, licensed healthcare-provider relationship, or any professional treatment relationship of any kind.
The Service is not designed, marketed, sold, or intended to diagnose, treat, cure, mitigate, prevent, clinically evaluate, or medically determine any disease, disorder, addiction, psychiatric condition, compulsive disorder, or mental-health condition. Any reference within the Service to behavioral patterns, dependency indicators, risk levels, compulsive tendencies, addictive behaviors, emotional states, or similar concepts is used only within the Service’s internal, non-clinical, gamified self-reflection framework and should not be interpreted as a medical or psychiatric determination.
WITHIN U may evolve over time. Features, systems, interfaces, AI capabilities, narrative frameworks, scoring methodologies, personalization systems, community mechanics, educational content, and platform functionality may be added, modified, restricted, rebalanced, redesigned, suspended, or discontinued at any time in our sole discretion.
3.2 Behavioral Insights and Self-Assessment
WITHIN U may generate non-clinical Behavioral Insights, including scores, ranges, classifications, streak interpretations, dependency indicators, habit markers, symptom summaries, craving indicators, trend patterns, or similar self-assessment outputs based on user-provided information, survey responses, journal entries, emotional check-ins, behavioral logs, relapse entries, platform activity, and interactions with the Service. These insights are intended only for self-reflection, habit awareness, educational interpretation, motivational support, and gamified accountability.
Behavioral Insights are not medical diagnoses, psychiatric evaluations, therapeutic assessments, treatment recommendations, or healthcare determinations. Any terms such as “risk,” “severity,” “dependency,” “compulsion,” “addictive behavior,” “craving,” or “relapse” refer only to WITHIN U’s internal, non-clinical framework and should not be interpreted as professional conclusions. These insights may be incomplete, approximate, inaccurate, or affected by self-reporting, and users with serious concerns about addiction, mental health, withdrawal, self-harm, or emotional distress should seek help from a qualified licensed professional rather than relying on the Service.
4. Fictional Characters, Symbols, and Narrative Systems
4.1 Auryn
Auryn symbolically represents themes such as virtue, gold, illumination, and elevated states of being within the fictional narrative world of WITHIN U.
4.2 Erebus
Erebus symbolically represents themes such as darkness, concealment, fear, descent, temptation, impulsivity, avoidance, inner conflict, self-sabotage, destructive tendencies, and psychologically difficult states. The name “Erebus” is derived from mythological and literary associations with darkness and shadow and is used purely as a fictional symbolic storytelling device within the Service.
4.3 The Devil
The Devil functions solely as a fictional literary and symbolic personification of temptation, compulsive impulses, self-destructive tendencies, internal conflict, indulgence, sabotage, addictive urges, and behavioral struggle. The Devil within the Service is not presented as a religious figure, theological statement, spiritual authority, supernatural claim, or representation of any real-world religion, doctrine, tradition, or belief system.
4.4 No Religious, Political, Racial, or Hate-Based Intent
The fictional characters, symbols, imagery, narratives, environments, terminology, and storytelling systems used within WITHIN U are not religious doctrine, theological claims, racial representations, political messaging, ideological declarations, hate symbols, or statements of hostility toward any person or group. They are not intended to target, insult, demean, attack, discriminate against, mock, exclude, or offend any religion, ethnicity, nationality, race, belief system, culture, protected class, or community.
Any resemblance to real-world belief systems, mythologies, religions, philosophies, spiritual traditions, literary archetypes, historical symbolism, or cultural imagery is purely coincidental, artistic, metaphorical, stylistic, expressive, or fictional in nature. Users agree not to intentionally mischaracterize, manipulate, weaponize, falsely report, or misleadingly frame the fictional narrative systems of the Service as extremist messaging, religious doctrine, hateful conduct, discriminatory content, political propaganda, or ideological advocacy.
WITHIN U reserves the right to modify, contextualize, relabel, redesign, reinterpret, restrict, or remove fictional narrative systems, symbolic elements, terminology, characters, environments, or storylines at any time in its sole discretion for reasons including platform safety, legal compliance, moderation, creative development, operational requirements, reputational protection, user experience, or business needs.
5. Eligibility, Accounts, and Account Security
5.1 Eligibility
You must be at least sixteen (16) years old to access or use the Service. The Service is not intended for, directed to, or knowingly offered to individuals under the age of sixteen (16). By accessing or using the Service, you represent that you are at least sixteen (16) years old and that you have the legal capacity, or where required, the appropriate consent, to enter into and comply with these Terms.
If you are at least sixteen (16) years old but under eighteen (18), or under the age of legal majority in your jurisdiction, you may use the Service only with the knowledge, supervision, and consent of a parent or legal guardian, to the extent required by applicable law. By allowing a minor to use the Service, the parent or legal guardian agrees to these Terms on the minor’s behalf and is responsible for the minor’s use of the Service.
WITHIN U may restrict, suspend, or terminate access where we reasonably believe that a user has misrepresented their age, does not satisfy applicable age requirements, lacks required legal consent, or where continued access may create legal, safety, operational, reputational, or community-welfare concerns.
5.2 Accounts and User Responsibility
Users may access portions of the Service through a registered Account, device-based access, app-store-based subscription access, or other accountless access methods where available. Regardless of whether a user creates a traditional registered Account, all users remain bound by these Terms.
Where Account creation is required, you agree to provide information that is accurate, current, complete, and not misleading. You are responsible for maintaining the confidentiality of your login credentials, securing any device used to access the Service, and all activity occurring under your Account, device, subscription, or authentication method.
You must promptly notify WITHIN U if you become aware of unauthorized access, suspected credential compromise, fraudulent activity, impersonation, unauthorized payments, or any other security incident relating to your Account or use of the Service.
WITHIN U may, where necessary, take action to protect account integrity and platform security, including:
- refusing registration;
- requiring re-verification;
- restricting login methods;
- reclaiming usernames;
- suspending credentials;
- merging or deactivating duplicate accounts;
- limiting access to certain features;
- or terminating Accounts.
WITHIN U is not responsible for losses caused by compromised credentials, unsecured devices, user negligence, phishing, social engineering, unauthorized device access, or a user’s failure to maintain reasonable security practices.
5.3 Prohibited Account Conduct
Users may not misuse account systems, billing systems, identity systems, trial systems, or access controls. This includes conduct intended to avoid restrictions, bypass enforcement, misrepresent identity, manipulate metrics, or obtain access in a manner not intended by WITHIN U.
Prohibited conduct includes:
- impersonating another person or entity;
- misrepresenting identity, age, or affiliation;
- creating fraudulent or duplicate Accounts to evade restrictions;
- accessing another user’s Account without permission;
- sharing Accounts in unauthorized ways;
- evading suspensions, bans, payment restrictions, or feature limits;
- abusing free trials, promotions, refunds, or billing systems;
- exploiting bugs, vulnerabilities, or unintended functionality;
- scraping, harvesting, or attempting to extract user data;
- manipulating engagement, streak, score, referral, community, or progression systems.
WITHIN U may investigate, monitor, restrict, suspend, or terminate access where we suspect prohibited account conduct, platform abuse, fraud, security risk, or misuse of the Service.
6. Subscriptions, Billing, Renewals, and Refunds
6.1 Paid Features and Subscription Access
Certain portions of the Service may require payment, premium access, recurring billing, trial enrollment, or subscription-based participation. Paid features may be offered through the Apple App Store, Google Play, the WITHIN U website, authorized third-party billing providers, or other supported payment channels.
Subscription terms, prices, billing intervals, renewal periods, free-trial duration, introductory offers, premium feature access, cancellation mechanics, and applicable restrictions will be disclosed before purchase where required by law.
By purchasing a Subscription, beginning a free trial, or enrolling in a paid offering, you authorize the applicable billing provider to charge your selected payment method on a recurring basis unless and until canceled in accordance with these Terms and the applicable platform or payment-provider rules.
6.2 Auto-Renewal and Cancellation
Unless otherwise stated before purchase, Subscriptions automatically renew at the then-current rate at the end of each billing period until canceled. You are responsible for canceling your Subscription before the renewal date if you do not want to be charged for the next billing period.
Deleting the application, deleting your Account, uninstalling the application, ceasing use of the Service, or losing access to a device does not automatically cancel a Subscription.
Depending on where you purchased, cancellation may need to be completed through:
- Apple App Store subscription settings;
- Google Play subscription settings;
- the WITHIN U account or billing interface;
- or the applicable third-party payment provider.
Unless applicable law or platform rules require otherwise, cancellation takes effect at the end of the current paid billing period, and you may retain access to paid features until that period expires.
6.3 Free Trials, Promotions, and Introductory Offers
WITHIN U may offer free trials, promotional access, discounted enrollment periods, introductory pricing, limited-access subscriptions, or experimental premium features. Trial and promotional offers may be subject to eligibility limits, duration limits, regional restrictions, device-based restrictions, account-based restrictions, or payment-provider rules.
At the end of a free-trial or promotional period, paid billing may automatically begin unless the Subscription is canceled before the applicable renewal or conversion date. Users are responsible for reviewing trial terms and cancellation timing before beginning a trial.
WITHIN U may modify, restrict, revoke, refuse, or terminate trial or promotional eligibility where we reasonably believe a user is abusing promotional systems, creating duplicate accounts, circumventing billing restrictions, manipulating eligibility, repeatedly seeking unauthorized free access, or otherwise using promotional offers in a manner inconsistent with their intended purpose.
6.4 Refunds
Except where required by applicable law, app-store policy, or payment-provider rules, all purchases, Subscription charges, premium upgrades, and recurring payments are final and non-refundable once billed.
If a purchase is made through Apple, Google, or another third-party marketplace, refund requests may need to be submitted directly through that platform and may be governed by that provider’s own refund policies, timelines, and procedures.
WITHIN U does not guarantee refunds for unused subscriptions, partial billing periods, dissatisfaction with results, reduced usage, changes in motivation, emotional reactions, feature modifications, discontinued features, loss of streaks, loss of progress, AI-output dissatisfaction, behavioral outcomes, community restrictions, or failure to cancel before renewal.
6.5 Pricing, Plan Changes, and Feature Access
To the fullest extent permitted by applicable law, WITHIN U may change prices, alter subscription structures, introduce new premium tiers, modify feature access, discontinue plans, adjust free-trial duration, rebalance premium systems, or modify monetization models on a prospective basis. Where required by law or applicable platform rules, we will provide notice of material pricing or renewal changes.
Users acknowledge that Subscriptions provide access to evolving digital services and do not guarantee permanent availability of any specific feature, AI capability, behavioral insight system, progression mechanic, score system, streak system, content stream, community area, personalization model, fictional narrative system, or premium experience.
Premium access is licensed, not sold.
7. Availability of Features and Service Status
7.1 Service Availability
The Service is provided on an “as available,” “as is,” and “when available” basis. WITHIN U does not guarantee uninterrupted availability, continuous uptime, permanent access, error-free operation, compatibility across all devices, or continued availability of any particular feature, system, subscription benefit, AI capability, score system, community area, or portion of the Service.
Users acknowledge that the Service may occasionally become unavailable, delayed, degraded, restricted, modified, or discontinued due to maintenance, software updates, server instability, cloud-provider outages, AI-provider disruptions, app-store issues, internet failures, device incompatibility, cybersecurity incidents, abuse-prevention measures, legal requirements, business decisions, or unforeseen technical circumstances.
WITHIN U may add, remove, redesign, rebalance, suspend, restrict, replace, or discontinue any feature, subscription model, AI capability, content stream, progression mechanic, streak system, score system, personalization system, fictional narrative system, community area, or other aspect of the Service at any time without liability. Continued use of the Service means users understand that WITHIN U is an evolving digital platform and that its systems, mechanics, features, and structure may change over time.
WITHIN U is not responsible for losses arising from interrupted access, unavailable systems, lost streaks, lost progress, deleted content, unavailable AI outputs, degraded functionality, discontinued features, or changes to the structure or operation of the Service.
8. Community Standards and User Conduct
8.1 Community Philosophy
WITHIN U is intended to support a respectful, reflective, recovery-oriented, and growth-focused environment. Because the Service may involve emotionally sensitive topics such as addiction, relapse, compulsion, shame, self-improvement, and personal struggle, users are expected to interact with others responsibly, respectfully, and in good faith.
Community features, where available, are provided to encourage accountability, constructive discussion, emotional safety, and supportive interaction. They are not intended to be used for harassment, humiliation, manipulation, exploitation, predatory behavior, or conduct that undermines the welfare of other users.
8.2 Prohibited Conduct
Users may not use the Service in any manner that is unlawful, abusive, exploitative, deceptive, threatening, hateful, sexually exploitative, predatory, disruptive, or inconsistent with the intended purpose of the platform. This includes harassment, bullying, intimidation, impersonation, manipulation of vulnerable users, encouragement of self-harm or destructive behavior, spam, scams, fraudulent activity, hate-based conduct, sexually abusive material, malware, deceptive links, or attempts to destabilize the community or platform.
Users may disagree, criticize, or discuss difficult subjects, but they must do so without targeted hostility, repeated disruption, malicious conduct, or disregard for the safety and dignity of others. WITHIN U reserves the right to determine whether conduct is inappropriate for the Service based on context, severity, repetition, intent, and potential harm to the community.
8.3 Moderation and Enforcement
WITHIN U reserves the right, but not the obligation, to monitor, review, restrict, remove, investigate, report, or take action regarding Accounts, content, communications, or user behavior where we believe such action is necessary to protect users, enforce these Terms, preserve platform integrity, comply with law, prevent abuse, or maintain the intended purpose of the Service.
Moderation action may include content removal, warnings, temporary restrictions, feature limitations, community bans, Account suspension, permanent termination, or reporting to applicable authorities where appropriate. WITHIN U may act proactively and is not obligated to provide advance warning, detailed explanation, appeal rights, or restoration of access in every circumstance.
8.4 User Responsibility for Community Interactions
Users remain solely responsible for the content they submit and the way they interact with others through the Service. WITHIN U does not endorse user-generated content and does not guarantee the accuracy, safety, truthfulness, legality, or appropriateness of content posted by users.
Interactions with other users occur at the user’s own discretion and risk. WITHIN U is not responsible for user conduct, misinformation shared by users, interpersonal disputes, emotional harm arising from community interactions, off-platform conduct, or outcomes resulting from reliance on user-generated content.
9. User Content, Licenses, and Platform Rights
9.1 Ownership of User Content
Users retain ownership of content they personally create and submit to the Service, including journal entries, reflections, written responses, posts, comments, profile information, uploads, and similar user-generated materials.
By submitting, posting, uploading, storing, transmitting, or otherwise making User Content available through the Service, users grant WITHIN U a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, process, analyze, adapt, display, transmit, and use such User Content as necessary to operate, secure, moderate, personalize, improve, and develop the Service. This may include use for AI-enabled processing, behavioral insight generation, analytics, safety review, legal compliance, and platform functionality, subject to the Privacy Policy.
This license does not transfer ownership of User Content to WITHIN U. It exists so the Service can function properly, display user content where intended, process inputs, generate features, maintain safety, and improve platform performance.
9.2 User Responsibility for Content
By submitting User Content, users represent that they own the content or have the necessary rights to submit it, and that the content does not violate applicable law, infringe third-party rights, mislead others, exploit vulnerable users, or violate these Terms.
Users remain solely responsible for the legality, reliability, accuracy, appropriateness, and consequences of their User Content. WITHIN U may remove, restrict, preserve, or disclose User Content where we believe doing so is necessary for moderation, legal compliance, user safety, security, support, enforcement, or platform integrity.
9.3 Platform Rights and Intellectual Property
The Service, excluding User Content owned by users, is owned by or licensed to WITHIN U and is protected by applicable intellectual-property laws. This includes the app, website, software, code, interfaces, prompts, AI systems, designs, logos, graphics, characters, fictional worlds, narrative systems, progression systems, score logic, visual assets, branding, audio, content, and related platform materials.
Users receive only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for personal, non-commercial purposes in accordance with these Terms. Users may not copy, reproduce, redistribute, modify, reverse engineer, scrape, commercially exploit, republish, train competing systems on, or create derivative works from the Service or its intellectual property without prior written authorization from WITHIN U.
Premium access is licensed, not sold. This means a Subscription gives users a limited right to access eligible paid features while the Subscription remains active, but it does not transfer ownership of WITHIN U, the Service, software, characters, systems, designs, content, AI features, progression systems, or intellectual property.
9.4 Feedback and Suggestions
If users provide feedback, suggestions, ideas, feature requests, or improvement proposals relating to the Service, WITHIN U may use them without restriction, attribution, or compensation. Such feedback may influence future features, AI systems, progression mechanics, narrative systems, monetization structures, community design, or product direction, but it does not create any ownership claim, partnership, compensation right, or entitlement for the user.
10. Privacy, Data Usage, and Personalization
Your use of the Service is also governed by the WITHIN U Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that WITHIN U may collect, process, store, analyze, and use information relating to your activity, interactions, inputs, device information, engagement patterns, surveys, journaling entries, behavioral trends, usage history, and other platform interactions in accordance with the Privacy Policy.
WITHIN U may use user data to operate, personalize, improve, secure, moderate, maintain, and develop the Service. This may include personalization systems, adaptive experiences, behavioral insights, AI-enabled processing, recommendation systems, progression systems, analytics, moderation systems, abuse-prevention systems, and platform optimization.
Users acknowledge that personalization systems may evolve over time and that portions of the Service may adapt based on user interactions, engagement history, behavioral patterns, self-reported information, preferences, progression systems, or platform activity.
Although WITHIN U takes reasonable measures to protect user information, no digital platform, server environment, cloud provider, storage system, AI provider, transmission method, or online service can be guaranteed completely secure. Users acknowledge that transmission and storage of information occurs at their own risk.
11. Assumption of Risk
Users acknowledge that self-improvement, behavioral change, addiction recovery, emotional reflection, habit restructuring, self-confrontation, and accountability-oriented systems inherently involve emotional, psychological, motivational, and behavioral variability and risk.
The Service may contain emotionally sensitive subject matter involving addiction, relapse, compulsion, shame, emotional discomfort, self-reflection, failure, guilt, temptation, internal conflict, personal struggle, and behavioral accountability. Certain systems within the Service, including fictional storytelling systems, AI-generated reflections, streak systems, progression systems, score fluctuations, behavioral classifications, journaling systems, and community interactions, may evoke emotional or psychological reactions that differ significantly between users.
By using the Service, users voluntarily assume all risks associated with emotional responses, motivational outcomes, behavioral interpretations, self-reflection processes, relapse experiences, disappointment, frustration, discomfort, emotional distress, or perceived personal outcomes arising from use of the Service.
WITHIN U does not guarantee:
- recovery;
- behavioral transformation;
- emotional improvement;
- successful abstinence;
- motivation retention;
- increased productivity;
- improved mental health;
- or any specific personal outcome.
Users remain solely responsible for their own decisions, actions, behaviors, interpretations, emotional responses, and personal well-being.
12. Disclaimer of Warranties
The Service is provided on an “as is,” “as available,” and “when available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by applicable law, WITHIN U disclaims all warranties relating to:
- availability;
- uptime;
- reliability;
- uninterrupted access;
- compatibility;
- accuracy;
- completeness;
- effectiveness;
- fitness for a particular purpose;
- merchantability;
- non-infringement;
- and performance of the Service.
WITHIN U does not warrant that:
- the Service will operate without interruption;
- systems will remain continuously available;
- AI-generated outputs will be accurate;
- Behavioral Insights will reflect real-world conditions;
- defects will be corrected;
- servers will remain free of harmful components;
- or that the Service will meet every user expectation or requirement.
Users acknowledge that use of the Service occurs at their own discretion and risk.
13. Limitation of Liability
To the fullest extent permitted by applicable law, WITHIN U and the WITHIN U Parties shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, emotional, psychological, reputational, economic, or behavioral damages arising from or relating to:
- use of the Service;
- inability to access the Service;
- AI-generated outputs;
- Behavioral Insights;
- emotional reactions;
- relapse experiences;
- loss of data;
- loss of progress;
- loss of streaks;
- feature discontinuation;
- community interactions;
- subscription interruptions;
- moderation actions;
- reliance on Generated Content;
- or changes to the structure or operation of the Service.
This limitation applies even if WITHIN U has been advised of the possibility of such damages and regardless of the legal theory asserted, including contract, tort, negligence, strict liability, or otherwise.
To the fullest extent permitted by law, the total liability of WITHIN U arising out of or relating to the Service shall not exceed the greater of:
- the amount paid by the user to WITHIN U during the twelve (12) months preceding the event giving rise to the claim; or
- one hundred U.S. dollars (USD $100).
Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, portions of this section may apply only to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless WITHIN U and the WITHIN U Parties from and against any claims, liabilities, damages, losses, expenses, costs, and legal fees arising out of or relating to:
- your use of the Service;
- your User Content;
- your violation of these Terms;
- your misuse of AI-generated outputs;
- your interactions with other users;
- your violation of law;
- or your infringement of any third-party rights.
WITHIN U reserves the right to assume exclusive control of the defense of any matter subject to indemnification, and users agree to cooperate with such defense where reasonably requested.
15. Arbitration and Dispute Resolution
Please read this section carefully. It affects legal rights that users may otherwise have.
To the fullest extent permitted by applicable law, any dispute, claim, controversy, or legal proceeding arising out of or relating to these Terms, the Service, subscriptions, AI-generated outputs, Behavioral Insights, community systems, or user interactions shall be resolved exclusively through final and binding arbitration rather than in court, except where prohibited by law.
Users agree that disputes shall be resolved on an individual basis only and not as part of any class action, consolidated action, representative proceeding, or mass arbitration. Users waive any right to participate in class actions, class arbitrations, representative claims, or jury trials to the fullest extent permitted by law.
Arbitration shall be governed by the applicable arbitration laws and rules of the governing jurisdiction selected by WITHIN U, unless otherwise required by applicable consumer-protection law.
Nothing in this section prevents WITHIN U from seeking injunctive relief, equitable relief, or enforcement action relating to:
- intellectual-property misuse;
- fraud;
- abuse;
- security threats;
- platform exploitation;
- or unauthorized access.
16. Termination and Suspension
WITHIN U reserves the right to suspend, restrict, limit, or terminate access to the Service at any time, with or without notice, where we reasonably believe:
- a user has violated these Terms;
- user conduct creates legal or safety risk;
- platform integrity is threatened;
- moderation action is necessary;
- fraud or abuse is suspected;
- or continued access is otherwise inappropriate.
Users may discontinue use of the Service at any time. However, termination or deletion of an Account does not automatically cancel active subscriptions unless separately canceled through the applicable billing provider.
Upon termination, users may lose access to:
- Accounts;
- User Content;
- progression systems;
- scores;
- streaks;
- community areas;
- AI-generated history;
- subscriptions;
- or portions of the Service.
WITHIN U is not obligated to preserve, restore, or recover deleted or inaccessible data following suspension, termination, or account deletion.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where applicable consumer-protection laws require otherwise.
Users agree that any legal issue not subject to arbitration shall be brought exclusively in the appropriate courts located in Delaware unless applicable law provides otherwise.
18. Changes to These Terms
WITHIN U may modify, update, revise, or replace these Terms at any time. Updated Terms may be posted through the Service, website, application, or other reasonable communication channels.
Continued use of the Service following updated Terms constitutes acceptance of the revised Terms unless applicable law requires additional consent.
If users do not agree to revised Terms, they must discontinue use of the Service.
19. Severability
If any provision of these Terms is found unenforceable, invalid, or unlawful, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
20. Entire Agreement
These Terms, together with the Privacy Policy and any additional policies or disclosures expressly incorporated by reference, constitute the entire agreement between the user and WITHIN U relating to the Service and supersede prior discussions, understandings, or agreements relating to the subject matter herein.