Terms of Service

1. Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

2. Service Terms

Description of Service. Stroke is a application designed to help you create and edit content, including text and images, using an AI co-creator. The Service is currently in beta, and you acknowledge that it may have bugs, errors, or downtime as we continue to improve it.

Third-Party Services & Partners. The Service may integrate with third-party services (for example, Google Drive or Dropbox for syncing content). Your use of or reliance on any third-party services is at your own risk. We are not responsible for, and we do not make any promises, endorsements, representations, or warranties regarding such third-party services. We may stop making any third-party services available at any time with or without advance notice to you.

Compliance with Law. You will comply with applicable laws and regulations in connection with your use of the Service.

Desktop Use. You are responsible for installing and running Stroke on your device. You must ensure your device meets the necessary system requirements to use the Service. We are not responsible for any issues arising from incompatible hardware or software on your device.

3. Rights & Restrictions

Your Account. You may need to register for a Stroke account to use certain features of the Service. In registering for or opening an account, you agree to provide accurate and complete registration information and to keep such information up to date. You will take reasonable steps to prevent unauthorized use of your account and to keep your password(s) secure and confidential. We encourage you to use “strong” passwords with your account (for example, passwords that use a combination of upper and lowercase letters, numbers, and symbols, with a minimum of eight characters). Stroke will not be liable for any losses caused by any unauthorized use of your account. You must notify us immediately of any breach of security or unauthorized use of your account.

Your Responsibility. You are responsible for all activities that occur under your account.

Your Rights. Subject to your full and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the beta testing period.

Your Restrictions. The User rights granted are limited and subject to the restrictions outlined below. You will not (and will not permit any third party to):

• Provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Service;
• Use the Services for illegal, harassing, unethical, or disruptive purposes;
• Modify, translate, adapt, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services;
• Access the Services in order to build a similar or competitive product or service;
• Send or otherwise provide to Stroke data or information considered to be sensitive or otherwise subject to specific protections under applicable laws beyond any requirements that apply to “personal information” or “personal data” generally, such as, for illustrative purposes, information that is regulated by the Health Information Portability and Accountability Act (“HIPAA”), the Payment Card Industry Data Security Standard (“PCI-DSS”), the Gramm-Leach-Bliley Act (“GLBA”), and other U.S. federal, state, or foreign laws applying specific security standards;
• Violate any applicable law or regulation in connection with your access to or use of the Service; or
• Access or use the Service in any way not expressly permitted by these Terms.

You may only use the Service if you are old enough to consent to share your data under applicable law. For example, you must be 13 years or older under United States law, or 16 years or older under European Union law. Any unauthorized use of the Service terminates all rights granted to you, and we may terminate these Terms or your access and use of the Service.

4. AI Co-Creator and Generated Content

AI-Generated Content. Stroke uses an AI co-creator to assist you in generating content, such as text and images ("Generated Content"). Stroke assigns to you all of our right, title, and interest in and to any Generated Content. Notwithstanding the foregoing, you acknowledge that Generated Content is created automatically by machine learning technology and may be similar to or the same as Generated Content provided to other users, and no rights to any Generated Content generated, provided, or returned by the Service for or to other users are granted to you under these Terms.

Limitations of AI Co-Creator. You acknowledge that the AI co-creator has limitations due to its automated nature, including:

• It may contain errors or misleading information;
• It lacks the ability to think creatively, understand nuances of language (e.g., slang, idioms, cultural references), or convey emotions, which may result in repetitive, formulaic, or out-of-context content;
• It may perpetuate biases present in the data used to train it, which can result in content that is discriminatory or offensive;
• It may struggle with complex tasks requiring reasoning, judgment, or decision-making;
• The quality of Generated Content depends on the data used to train the AI, which may be of poor quality or biased;
• Generated Content may lack the personal touch of human-created content, making it seem impersonal.

You agree that you are responsible for evaluating and bearing all risks associated with the use of any Generated Content, including its accuracy, completeness, or usefulness. GENERATED CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.

5. User Content and Usage Data

User Content. Any data, text, images, or other materials that you submit, upload, or otherwise provide to the Service (collectively, "User Content") are used to provide Generated Content to you unless you allow Stroke to use such User Content to improve and enhance the Service, including for training AI models, and for other development, diagnostic, and corrective purposes in connection with the Service and other Stroke offerings. If you enable "Privacy Mode" in the Service settings, User Content is transmitted only to generate Generated Content in real-time and is deleted once Generated Content is generated. When Privacy Mode is enabled, User Content is not used for any other purpose, including the training of AI models.

Usage Data. Stroke, Inc. may collect, generate, and derive performance, analytical, or usage data relating to your access to or use of the Service (“Usage Data”). Usage Data will not include any User Content. Stroke will only use Usage Data to provide the Service to you, to monitor the performance and stability of the Service, and to prevent or address technical issues with the Service. Stroke may also anonymize Usage Data, aggregate it with other data, and use that aggregated, anonymized data to improve its products and services.

Responsibility for User Content. You agree that you are solely responsible for all your User Content submitted, created, or edited through the Service, including Generated Content created with the assistance of the AI co-creator. You acknowledge that Generated Content may not always be accurate, and you are responsible for reviewing and ensuring its appropriateness and compliance with applicable laws.

Ownership of User Content. You retain all ownership rights in your User Content.

License. You grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully-sublicensable right and license to: (i) use your User Content as necessary to perform, analyze, and improve the Service, including for training AI models (unless Privacy Mode is enabled); (ii) collect, use, and disclose Usage Data; and/or (iii) use and disclose your User Content for other uses identified in our Privacy Policy. You represent and warrant that you have the right to grant these rights and licenses. Without such rights and licenses, you acknowledge that we will not be able to provide the Service to you, and you will no longer be able to access or use the Service.

Removal of Provided Content. Stroke may remove your User Content for any reason, including if such User Content violates these Terms or applicable law.

6. Billing & Refunds

Due to the nature of our product, we currently do not offer refunds, either partial or in full.

You can easily cancel your subscription at any time you like. We will no longer charge you anything once you cancel your subscription.

We may change our pricing, pricing policies, features and access restrictions at any time.

7. Termination

Term of the Terms of Service. The term of these Terms starts on the day you agree to these Terms or on the day you access the Service and continues while you use the Service.

Termination of the Terms of Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms.

Effect of Termination. Upon the effective date of termination of these Terms for any reason: (i) your right to access or use the Service will terminate immediately, and (ii) we will cease providing the Service to you and may deactivate or delete your account and all associated materials, including your User Content.

Survival. All provisions of these Terms which by their nature should survive will survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

8. Indemnification

You agree to indemnify and hold Stroke, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your User Content, including Generated Content created with the AI co-creator; (b) your violation of any applicable laws, rules, or regulations; or (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right.

9. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

STROKE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE SERVICE, INCLUDING GENERATED CONTENT, WILL MEET YOUR REQUIREMENTS.

STROKE DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, ANY APPLICATION(S) AND/OR MATERIAL(S) THAT ARE DEVELOPED BY A PARTY OUTSIDE OF THE STROKE, INC. ORGANIZATION, INCLUDING CODE COMPONENTS AND INTEGRATION TOOLS PROVIDED BY THIRD PARTIES, NOT STROKE.

10. Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STROKE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING GENERATED CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STROKE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STROKE OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

THE LIMITATIONS OF LIABILITY ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STROKE AND YOU.

11. Arbitration

You and we both agree to resolve disputes related to your use of the Service or these Terms (each, a “Claim”) in binding arbitration instead of court, except that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

Arbitration Definition. Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court.

Individual Basis. YOU AGREE TO RESOLVE YOUR CLAIMS WITH US SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. WE AGREE TO DO THE SAME, WHETHER OR NOT YOU OPT OUT OF ARBITRATION. ACCORDINGLY, UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION.

The Arbitration Rules. The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

The Arbitration Proceeding. The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference), in San Francisco, California, United States or at some other location that we both agree to.

To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to [email protected], 1606 Headway Cir STE 9794, Austin, Texas 78754, United States. If we request arbitration against you, we will give you notice at the email address you use to access the Service.

30 Days Right to Opt-Out. If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at [email protected], and physical notice at 1606 Headway Cir STE 9794, Austin, Texas 78754, United States. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.

12. Other Conditions

Entire Terms. These Terms constitute the entire agreement between you and Stroke regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Assignment. These Terms (and your rights and obligations under these Terms) may not be assigned or otherwise transferred by you without Stroke’s prior written consent. We may assign these Terms as part of a corporate reorganization, upon a change of control, consolidation, merger, or sale of all or substantially all of its assets related to these Terms or for commercial purposes. Any purported assignment in violation of this section is null and void.

Waiver. Any waiver or failure to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms of Service is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.

Governing Law. These Terms will be governed by the laws of the State of Texas without regard to its conflict of laws provisions.

Privacy Policy. Our Privacy Policy governs how we collect, use and disclose information from the Services.

Feedback. We welcome feedback, comments and suggestions for improvements to the Service, including the AI co-creator (collectively “Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Stroke, and Stroke may use and disclose Feedback in any manner and for any purpose whatsoever, including to improve the AI co-creator, without further notice or compensation to you and without retention by you of any proprietary or other right or claim.

Beta Features. Stroke is currently in beta testing. By using the Service, you acknowledge that it is provided for testing purposes only, and Stroke does not make any commitment to provide the Service in any future versions. You are not obligated to use the Service during beta testing. Stroke may immediately and without notice discontinue the beta Service for any reason without liability to you. Notwithstanding anything to the contrary in the Terms, the beta Service is provided "AS IS" without warranty of any kind and without any performance obligations. You may be asked to provide feedback about your experience with the Service, which will help us improve Stroke.

Service Providers. For the avoidance of doubt, Happy Vibes, Inc. may engage third parties as service providers to the Service (for example, as of the date of these Terms, Stroke may use third-party AI models to provide the AI co-creator functionality).

Force Majeure. Stroke will not be liable for any delay or failure to perform resulting from causes or conditions beyond our reasonable control.

Notices. Any notices or other communications provided by Stroke under these Terms, including those regarding modifications to these Terms, will be given by Stroke: (i) via e-mail; or (ii) by posting on our website at https://stroke.so. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

12. Contact Us

If you have any questions or concerns regarding the Service or these Terms,, please contact us via email to [email protected]

Happy Vibes, Inc.
1606 Headway Cir STE 9794
Austin, Texas 78754, United States

Exhibit A

The following specific definitions apply to terms used in the Terms of Use:

“User” means you as an individual who has been authorized to access and use the Service during the beta testing period.

“User Content” means the data, information, text, images, and/or materials you create, edit, or provide for use with the Service, which may include documents, blog posts, research articles, books, or other creative works generated with or without the assistance of the AI co-creator.

“Generated Content” means the text, images, or other content created by the AI co-creator based on your inputs or interactions with the Service.