Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and Tacenda LLC, a Colorado limited liability company ("Tacenda," "we," "our," or "us"). They govern your use of the Tacenda mobile application and any related services we offer (together, the "Service").

By downloading, installing, or using Tacenda, you agree to these Terms. If you don't agree, please don't use the Service.

We've written these Terms in plain language, but they are a binding contract. Please read them carefully — especially Sections 9 (Disclaimers), 10 (Limitation of Liability), and 11 (Governing Law and Disputes).

1. Who can use Tacenda

You must be at least 17 years old to use Tacenda. The Service is rated 17+ and is not directed to children. If you are under the age of majority in your jurisdiction, you may only use Tacenda with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using Tacenda, you represent that:

• You meet the age requirement above.
• You have the legal capacity to enter into a binding agreement.
• You will comply with these Terms and all applicable laws and regulations.
• You are not barred from using the Service under the laws of your jurisdiction or any other applicable jurisdiction.

2. Your account

You create a Tacenda account by signing in with Apple. You are responsible for maintaining the security of your Apple ID and for all activity that occurs under your account.

You agree to provide accurate information and to keep it accurate. You may not share your account with anyone else, or use anyone else's account without their permission.

You can delete your account at any time from within the app at Settings → Delete Account, or by emailing legal@tacenda.app. When you delete your account, your personal data is handled as described in our Privacy Policy.

3. How Tacenda works

Tacenda is a daily question-and-answer app. Each day, everyone using the Service receives the same question. You can submit one written answer of up to 500 characters. After you submit, the app unlocks AI-curated highlights and patterns drawn from the responses of other users.

The Service uses artificial intelligence to generate these highlights and patterns. AI-generated content is not reviewed by a human before you see it, and may sometimes be inaccurate, incomplete, or otherwise imperfect. It is intended for reflection and curiosity, not as fact, advice, or a statement about any individual.

We may change, add, remove, or suspend features of the Service at any time. We aim to give reasonable notice of material changes, but we're not obligated to do so.

4. Your content

What you own

You retain ownership of the answers and other content you submit to Tacenda ("Your Content"). We don't claim ownership of anything you write.

The license you grant us

By submitting Your Content to Tacenda, you grant Tacenda LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, analyze, create derivative works from (including embeddings and AI-generated highlights and patterns), display to other users in curated or aggregated form, and otherwise use Your Content solely for the purpose of operating, providing, improving, and securing the Service.

This license is limited to the operation of the Service. It does not give us the right to sell Your Content, use it in advertising, or license it to third parties outside the infrastructure providers described in our Privacy Policy.

This license ends when Your Content is deleted from our systems, except to the extent Your Content has been incorporated into anonymized aggregates that cannot reasonably be attributed to you (see the Privacy Policy for details).

Your responsibilities

You represent and warrant that:

• You have the right to submit Your Content.
• Your Content does not infringe the rights of any third party, including intellectual property, privacy, or publicity rights.
• Your Content complies with these Terms and our Community Guidelines.

5. Acceptable use

You agree not to misuse Tacenda. In particular, you agree not to:

• Submit content that violates our Community Guidelines, including hate speech, threats, harassment, sexually explicit material, spam, or illegal content.
• Submit content that contains personal information about yourself or anyone else (names, contact details, addresses, government IDs, etc.).
• Attempt to manipulate, jailbreak, or subvert the AI curation system, including through prompt injection or adversarial inputs.
• Use bots, scripts, or other automated means to submit answers or interact with the Service.
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is prohibited by applicable law.
• Attempt to access, probe, or test the vulnerability of any system or network connected to the Service without authorization.
• Interfere with, disrupt, or place an unreasonable load on the Service or the infrastructure it runs on.
• Scrape, harvest, or otherwise collect data from the Service, including curated highlights or patterns, except as explicitly permitted.
• Use the Service for any purpose that is unlawful or prohibited by these Terms.
• Impersonate any person or misrepresent your affiliation with any person or entity.

6. Enforcement

We may, at our sole discretion and without prior notice:

• Remove or refuse to display any content;
• Suspend, limit, or terminate your access to the Service;
• Refuse to provide the Service to anyone, for any lawful reason.

We'll try to give you notice and a chance to respond when it's reasonable to do so. But for severe or repeated violations — or situations where notice would cause harm or defeat the purpose of enforcement — we may act without prior notice.

If you believe we've taken action in error, you can contact us at legal@tacenda.app.

7. Intellectual property

Except for Your Content, all content and materials made available through the Service — including the Tacenda name, logo, app design, source code, questions, curated highlights, and patterns (where generated or compiled by us) — are owned by Tacenda LLC or its licensors and are protected by intellectual property laws.

Subject to your compliance with these Terms, Tacenda grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service on compatible devices you own or control, solely for your personal, non-commercial use. This license does not include any right to resell, redistribute, or create derivative works based on the Service.

"Tacenda" and the Tacenda logo are trademarks of Tacenda LLC. You may not use our trademarks without our prior written permission, except as expressly permitted by law.

8. Third-party services

The Service relies on third-party infrastructure and services, including Apple, Supabase, OpenAI, Expo, PostHog, Sentry, and Cloudflare. Your use of the Service is also subject to the applicable terms and policies of these providers where relevant, including the Apple Licensed Application End User License Agreement.

We are not responsible for the acts, omissions, or policies of these third parties. If a third-party service we rely on becomes unavailable, the Service may be affected.

9. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, Tacenda disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components; that content (including AI-generated highlights or patterns) will be accurate, reliable, or complete; or that defects will be corrected.

AI-generated content is not professional advice. Nothing in the Service should be relied on for medical, mental health, legal, financial, or other professional guidance. If you are in crisis or need help, contact a qualified professional or emergency services in your jurisdiction.

10. Limitation of liability

To the fullest extent permitted by law, in no event will Tacenda LLC, its members, employees, affiliates, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, goodwill, data, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service — regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.

In no event will Tacenda's aggregate liability to you for all claims arising out of or relating to the Service exceed the greater of (a) the total amount you have paid us in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the fullest extent permitted by law.

11. Governing law and disputes

These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Colorado Springs, Colorado. You and Tacenda each consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

Nothing in this section prevents either party from seeking equitable relief (such as an injunction) in any court of competent jurisdiction to protect its rights pending resolution of a dispute.

12. Indemnification

You agree to indemnify and hold harmless Tacenda LLC and its members, employees, affiliates, and licensors from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any rights of another party or applicable law.

13. Termination

You may stop using the Service at any time and delete your account from within the app. We may suspend or terminate your access as described in Section 6.

Sections that by their nature should survive termination — including Sections 4 (the license grant as applied to content already incorporated into anonymized aggregates), 7, 9, 10, 11, 12, and 15 — will survive.

14. Changes to these Terms

We may update these Terms from time to time. When we do, we'll update the Effective Date at the top of this page. If we make material changes, we'll notify you through the app or by email before they take effect. Your continued use of the Service after an update constitutes your acceptance of the updated Terms. If you don't agree with an update, you can stop using the Service and delete your account.

15. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Tacenda regarding the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or similar transaction.
• No partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Tacenda.
• Notices. We may provide notices under these Terms via email (to the address associated with your Apple ID, if available), in-app notifications, or by posting on the Service.

16. Apple-specific terms

The following additional terms apply to your use of Tacenda from the App Store:

• These Terms are between you and Tacenda LLC only — not with Apple. Apple is not responsible for the Service or its content.
• Your license to use the Service is limited to a non-transferable license to use Tacenda on any Apple-branded device you own or control, as permitted by the Apple Licensed Application End User License Agreement.
• Apple has no obligation to provide any maintenance or support for the Service.
• In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Service.
• Tacenda LLC (not Apple) is solely responsible for addressing any claims relating to the Service, including product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• Tacenda LLC (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the Service.
• You represent that (a) you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Contact us

If you have questions about these Terms, please reach out:

Tacenda LLC
Email: legal@tacenda.app
Website: tacenda.app