Terms of Service

Last updated: December 21, 2024

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING LOSTAURA. BY USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16.

Welcome to LostAura. These Terms of Service ("Terms") govern your use of the LostAura mobile application ("App") and related services provided by LostAura ("Company," "we," "us," or "our").

1. Acceptance of Terms

By downloading, installing, accessing, or using LostAura, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not use the App. Your continued use of the App following any updates to these Terms constitutes acceptance of those changes.

2. Eligibility

You must be at least 18 years of age to use LostAura. By using the App, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into binding agreements
You are not prohibited from using the App under any applicable law
You will comply with these Terms and all applicable laws and regulations

We reserve the right to request verification of your age at any time. If we discover or believe that you are under 18, we will terminate your account immediately.

3. Description of Service

LostAura is a self-accountability application that uses social stakes as a motivational mechanism. The App allows users to:

Set personal goals with specific deadlines
Upload photos as "stakes" to be held as accountability collateral
Designate third-party contacts to receive stakes if commitments are not fulfilled
Submit photo proof of goal completion for AI-powered verification
Receive automated notifications and reminders

You understand and acknowledge that the core function of this App is to create accountability through the potential distribution of your staked photo to a contact of your choosing if you fail to meet your self-imposed commitment.

4. Voluntary Participation and Assumption of Risk

4.1 Voluntary Use

Your use of LostAura is entirely voluntary. By creating a commitment and staking a photo, you are voluntarily choosing to subject yourself to the accountability mechanism described herein. You acknowledge that:

You are not being coerced or pressured to use this App
You understand the consequences of failing to meet your commitment
You have chosen the stakes (your photo) and the recipient voluntarily
The accountability mechanism is designed to create discomfort or embarrassment as motivation

4.2 Assumption of Risk

YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH USING LOSTAURA, INCLUDING BUT NOT LIMITED TO:

Embarrassment, discomfort, or emotional distress resulting from the delivery of your staked photo to your designated contact
Any impact on your personal, professional, or social relationships resulting from the consequence delivery
The permanent nature of digital communications once sent
The possibility that your designated contact may share or redistribute the received content

By using the App, you waive any and all claims against LostAura related to emotional distress, embarrassment, reputational harm, or other consequences arising from the proper functioning of the accountability mechanism you voluntarily chose to use.

5. User Consent and Authorization

5.1 Photo Authorization and Consent

By uploading a photo to LostAura and completing the commitment process, you:

Grant LostAura an irrevocable license to store, process, and transmit your photo for the purpose of delivering consequences as specified in your commitment
Explicitly authorize LostAura to send your staked photo to your designated contact via SMS/MMS if you fail to meet your commitment deadline
Confirm that you are the subject of the photo or have full rights and authorization to use the photo
Acknowledge that the photo will be shown to you only in blurred form and you accept this uncertainty as part of the accountability mechanism
Understand that once a consequence is triggered, the delivery cannot be stopped or recalled

5.2 Signature Authorization

The digital signature you provide during the commitment process constitutes:

Your binding agreement to the specific terms of that commitment
Your explicit, informed consent for LostAura to deliver consequences as described
Your acknowledgment that you understand and accept the accountability mechanism
A legally binding commitment equivalent to a physical signature

5.3 Consent Withdrawal

You may withdraw consent and cancel an active commitment at any time through the Emergency Cancellation feature (see Section 9). However, you understand that if a deadline has already passed and consequence delivery has been initiated, the process cannot be reversed.

6. Third-Party Recipient Acknowledgment

6.1 Your Responsibility for Recipient Selection

When you designate a contact to receive your staked photo, you represent and warrant that:

You have a pre-existing relationship with this person
You have the legal right to share this person's contact information with us
You believe this person would not object to receiving a message from LostAura on your behalf
The contact information you provide is accurate and current
The recipient is at least 18 years of age

6.2 User-Initiated Communications

You acknowledge and agree that:

Any message sent to your designated contact is user-initiated, not unsolicited marketing
LostAura acts solely as your agent in delivering the consequence you authorized
You, not LostAura, are responsible for the content and impact of the delivered message
You accept full responsibility for any complaints, objections, or consequences arising from the recipient receiving your photo

6.3 Recipient Opt-Out

Recipients may opt out of receiving future messages from LostAura by replying "STOP." If a recipient has opted out:

You will be notified that this contact cannot receive consequences
You must select a different contact for future commitments
LostAura is not liable for any inability to deliver consequences due to recipient opt-out

6.4 Indemnification for Third-Party Claims

You agree to indemnify, defend, and hold harmless LostAura from any and all claims, demands, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Any complaint by your designated recipient regarding received content
Any claim that you did not have the right to share the recipient's contact information
Any legal action taken by the recipient related to content you authorized us to send

7. Content Restrictions and Prohibited Content

7.1 Prohibited Content

You agree not to upload, stake, or submit any content that:

Contains nudity or sexually explicit material
Depicts minors (anyone under 18) in any context
Contains violence, gore, or graphic content
Promotes illegal activities or substances
Infringes on any third party's intellectual property, privacy, or publicity rights
Contains hate speech, harassment, or content targeting protected groups
Depicts or promotes self-harm or suicide
Is fraudulent, deceptive, or misleading
Violates any applicable law or regulation

7.2 Content Moderation

While we do not actively review all uploaded content, we reserve the right to:

Remove any content that violates these Terms without notice
Suspend or terminate accounts that upload prohibited content
Report illegal content to appropriate law enforcement authorities
Refuse to deliver consequences containing prohibited content

7.3 Consequences for Violations

Uploading prohibited content may result in:

Immediate account termination without refund
Deletion of all associated data
Reporting to law enforcement if content is illegal
Civil or criminal liability

8. AI Verification System

8.1 How Verification Works

LostAura uses artificial intelligence to verify proof submissions. When you submit proof of goal completion:

Your proof photo is analyzed by an AI system (currently GPT-4 Vision via OpenAI)
The AI compares your proof to your stated goal description
The AI renders a verification decision based on confidence scoring

8.2 Verification Standards

Our verification system is intentionally lenient. We verify that you made a genuine effort toward your goal, not perfection. If the AI determines with reasonable confidence that your proof relates to your goal, verification will pass.

8.3 AI Decisions Are Final

You acknowledge and agree that:

AI verification decisions are final and binding for each submission
No human review of verification decisions is available
AI systems may occasionally make errors, and you accept this possibility
You may resubmit proof unlimited times before your deadline
LostAura is not liable for any AI verification errors

8.4 Deadline Enforcement

Deadlines are strictly enforced. If your deadline passes and you have not submitted verified proof, the consequence will be automatically triggered. There are no grace periods, extensions, or exceptions except through Emergency Cancellation (Section 9).

9. Emergency Cancellation

You may cancel any active commitment at any time before the deadline through the Emergency Cancellation feature in App settings. Upon Emergency Cancellation:

Your staked photo will be immediately and permanently deleted
The commitment will be archived as cancelled
No consequence will be sent to your contact
No refund will be issued for subscription fees already paid
The cancellation cannot be undone

Important: If a deadline has already passed and consequence delivery has been initiated, Emergency Cancellation cannot stop the delivery process.

10. No Guarantee of Delivery

While we make every effort to deliver consequences as specified, you acknowledge that:

Technical failures, carrier issues, or other factors may prevent successful delivery
Recipient opt-outs may prevent delivery
Invalid or changed phone numbers may prevent delivery
LostAura is not liable for failed consequence delivery
You cannot claim damages if a consequence fails to deliver

LostAura's obligation is to make a good-faith attempt to deliver consequences as configured. We do not guarantee delivery and are not liable for any failure to deliver.

11. Subscription and Payments

11.1 Free Trial

LostAura offers a 3-day free trial for new users. During the trial:

You have full access to all App features
Commitments created during trial remain active and valid
You will be charged automatically after 3 days unless you cancel

11.2 Subscription Fees

After the free trial, the subscription fee is $5.00 USD per month. Subscriptions:

Are billed monthly through the Apple App Store or Google Play Store
Automatically renew unless cancelled at least 24 hours before the end of the current period
Are managed through your device's app store account settings

11.3 Refund Policy

All subscription fees are non-refundable except as required by applicable law or app store policies. Specifically:

No refunds for partially used subscription periods
No refunds if you cancel mid-subscription
No refunds if your account is terminated for Terms violations
Refund requests must be submitted through the applicable app store

11.4 Subscription Lapse

If your subscription expires or is cancelled:

Active commitments remain valid until their deadlines
Consequences will still be delivered for active commitments if deadlines are missed
You cannot create new commitments without an active subscription

12. User Conduct

You agree not to:

Use the App for any unlawful purpose or in violation of any applicable law
Upload illegal, obscene, harmful, or prohibited content
Use the App to harass, threaten, stalk, or harm any person
Attempt to circumvent, disable, or interfere with the App's security features
Use automated systems, bots, or scripts to access the App
Reverse engineer, decompile, or disassemble any part of the App
Share your account credentials or allow others to use your account
Create multiple accounts to abuse trial periods or other features
Interfere with or disrupt the App's infrastructure

13. Intellectual Property

The App, including its design, features, content, and code, is owned by LostAura and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

You retain ownership of photos you upload, but grant us a limited license to use them solely for providing the service as described in these Terms.

14. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the App will be uninterrupted, error-free, or secure
Warranties regarding the accuracy of AI verification decisions
Warranties regarding the successful delivery of consequences
Warranties that the App will meet your specific requirements

You use the App at your own risk. We do not warrant that the App will help you achieve your goals or that the accountability mechanism will be effective for you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOSTAURA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Any loss of profits, revenue, data, or business opportunities
Any emotional distress, embarrassment, or reputational harm resulting from consequence delivery
Any damages arising from AI verification errors
Any damages arising from failed consequence delivery
Any damages exceeding the total fees you paid to LostAura in the 12 months preceding the claim

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

16. Binding Arbitration and Class Action Waiver

16.1 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and LostAura agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration rather than in court, except that:

Either party may bring claims in small claims court if eligible
Either party may seek injunctive relief in court for intellectual property violations

16.2 Arbitration Procedures

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall take place in the United States, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND LOSTAURA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and LostAura agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@lostaura.app within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

17. Indemnification

You agree to indemnify, defend, and hold harmless LostAura and its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use of the App
Your violation of these Terms
Your violation of any law or the rights of any third party
Any content you upload or submit through the App
Any complaint by your designated recipient
Your negligent or wrongful conduct

18. Termination

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Upon termination:

All active commitments will be cancelled without consequence delivery
All your data will be deleted within 30 days
You will not receive a refund for any remaining subscription period
Provisions of these Terms that should survive termination will remain in effect

You may terminate your account at any time by deleting your account through the App settings.

19. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

Post the updated Terms within the App
Update the "Last updated" date at the top of this page
Notify you via the App or email for significant changes

Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the App.

20. 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. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LostAura regarding the App and supersede all prior agreements and understandings.

23. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by LostAura.

24. Contact

For questions about these Terms, please contact us at:

legal@lostaura.app

LostAura
[Your Business Address]
United States