Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Human Interface Design LLC, doing business as os1 ("Company," "we," "us," or "our"), governing your access to and use of the os1 mobile application, the website os1.computer, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any reason.

4. The Service

os1 provides access to various third-party artificial intelligence models through a unified interface. The Service acts as an intermediary between you and third-party AI providers. We do not create, train, or control the AI models available through the Service.

The availability, accuracy, and capabilities of any AI model are determined by the respective third-party provider and may change without notice. We make no representations or warranties regarding the output, reliability, or accuracy of any AI model.

5. Model Availability

We reserve the right to add, remove, or change the AI models available through the Service at any time, at our sole discretion, without prior notice. Models that are available today may be deprecated, replaced, or become unavailable in the future. New models may be introduced at any time. We make no guarantee that any specific model will remain available, and the removal or unavailability of any model shall not entitle you to a refund or any other remedy.

6. Data Storage

We do not store your conversations or chat history on our servers. Your conversation data is stored locally on your device and, if you enable iCloud sync, in your personal iCloud account via Apple's CloudKit infrastructure. Your messages pass through our servers (hosted on Vercel) in transit to third-party AI providers but are not retained.

We are not responsible for any loss, corruption, deletion, or damage to your conversation data, whether stored locally on your device or in your iCloud account. You are solely responsible for maintaining backups of any data you consider important. We make no guarantees regarding the availability, integrity, or recoverability of locally stored or iCloud-synced data.

7. Subscriptions and Payments

Certain features of the Service may require a paid subscription. By purchasing a subscription, you agree to the pricing and payment terms presented at the time of purchase. Subscriptions automatically renew unless cancelled before the renewal date.

All fees are non-refundable except as required by applicable law or as expressly stated otherwise. We reserve the right to change pricing at any time. Price changes for existing subscriptions will take effect at the next renewal period following notice of the change.

8. User Content

You retain ownership of content you submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating, providing, improving, and promoting the Service.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third party's rights or any applicable law.

9. AI-Generated Output

Output generated by AI models through the Service ("AI Output") is provided "as is." You acknowledge that AI Output may be inaccurate, incomplete, biased, or otherwise unreliable. You are solely responsible for evaluating and using AI Output. You must not rely on AI Output for medical, legal, financial, or other professional advice.

We make no claim of ownership over AI Output. However, we make no warranty that AI Output is unique to you or that identical or similar output has not been or will not be generated for other users.

10. Prohibited Conduct and Zero-Tolerance Content Policy

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to circumvent usage limits, access controls, or security measures
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to generate content that is harmful, abusive, threatening, harassing, defamatory, sexually exploitative, or otherwise objectionable
• Use the Service to generate child sexual abuse material (CSAM), non-consensual intimate imagery, or any content depicting the exploitation or abuse of minors
• Use the Service to generate content that promotes violence, terrorism, or self-harm
• Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent
• Resell, redistribute, or sublicense access to the Service
• Interfere with or disrupt the integrity or performance of the Service
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service to develop competing products or services

We maintain a strict zero-tolerance policy for the generation of illegal, exploitative, or abusive content. Violations will result in immediate and permanent termination of your account without notice, without refund, and may be reported to the appropriate law enforcement authorities. Third-party AI providers may also enforce their own content moderation policies independently.

11. Intellectual Property

The Service, including its original content (excluding User Content and AI Output), features, functionality, design, and branding, is and will remain the exclusive property of Human Interface Design LLC. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks and trade dress may not be used without our prior written consent.

12. Third-Party Services

The Service integrates with and relies on third-party AI providers and other services. Your use of these third-party services is subject to their respective terms and policies. We are not responsible for the availability, accuracy, content, or practices of any third-party service. You acknowledge that your interactions with third-party providers are solely between you and the provider.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any defects will be corrected.

We expressly disclaim all liability for any actions taken or not taken based on AI Output or any other content provided through the Service. Use of the Service is at your sole risk.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Human Interface Design LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, regardless of the theory of liability (contract, tort, or otherwise), even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

15. Indemnification

You agree to indemnify, defend, and hold harmless Human Interface Design LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.

16. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes are effective immediately upon posting. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

19. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Human Interface Design LLC regarding the Service and supersede all prior agreements and understandings.

21. Contact Us

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

• Human Interface Design LLC
• 418 Broadway, Ste N, Albany, New York 12207
• yo@garytokman.com