Terms and Conditions

Effective Date: January 15, 2025
Last Updated: January 15, 2025

Now, here's what the lawyers need you to agree to:

1. Agreement to Terms

By accessing or using Annabelle (the "Service") via WhatsApp, Telegram, or withanna.io, you agree to be bound by these Terms and Conditions ("Terms").

If you disagree with any part of these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Strategic Data Architects LLC ("Company," "we," "us," or "our").

Company Information:

Strategic Data Architects LLC
1209 Mountain Road Place Northeast, STE R
Albuquerque, NM 87110
United States
Email: hello@withanna.io

2. Description of Service

2.1 What Annabelle Is

Annabelle is an AI-powered memory companion accessible through WhatsApp and Telegram. The Service:

• Remembers conversations, photos, voice notes, and other content you share
• Identifies patterns in your thoughts and behaviors
• Shows you how your thinking has evolved over time
• Stores your memories as version-controlled markdown files you own

2.2 What Annabelle Is NOT

2.3 Technology

The Service uses:

• Large language models (AI) from third-party providers
• Natural language processing
• Memory storage systems (DiffMem, open source)
• Version control systems (Git)

We may change underlying technologies to improve the Service.

3. Eligibility

3.1 Age Requirement

You must be at least 18 years old to use the Service.

By using the Service, you represent and warrant that you are 18 or older. If you are under 18, do not use the Service.

3.2 Capacity

You represent that:

• You have the legal capacity to enter into this agreement
• You are not prohibited from using the Service under applicable law
• You will comply with these Terms and all applicable laws

4. Account and Registration

4.1 Account Creation

You create an account by:

1. Adding Annabelle on WhatsApp or Telegram
2. Sending your first message
3. Completing the subscription process (after free trial)

4.2 Account Information

You are responsible for:

• Maintaining the security of your messaging app and device
• All activity that occurs under your account
• Notifying us immediately of unauthorized access

We are NOT responsible for losses resulting from unauthorized use of your account.

4.3 One Account Per Person

You may only create one account. Multiple accounts for the same individual are prohibited.

4.4 Account Transfer

Accounts are non-transferable. You may not sell, trade, or transfer your account to another person.

5. Free Trial and Subscription

5.1 Free Trial

New users receive a 7-day free trial.

During the trial:

• You have full access to the Service
• No payment method is required initially
• You may cancel at any time without charge

5.2 Subscription Terms

After the free trial:

• Price: $9 USD per month
• Billing: Automatically charged monthly to your payment method
• Payment Processor: Stripe, Inc.
• Currency: USD (converted to your local currency by your bank if applicable)

5.3 Automatic Renewal

Your subscription automatically renews each month until you cancel.

You authorize us (via Stripe) to charge your payment method monthly. You will be charged on the same day each month as your initial payment.

5.4 Price Changes

We may change the subscription price with 30 days' notice.

Notice will be provided via:

• Message through Annabelle
• Email (if we have your email)
• Notice on withanna.io

If you do not accept the new price, you may cancel before it takes effect.

5.5 Taxes

You are responsible for any applicable taxes (sales tax, VAT, GST, etc.). We may collect these taxes where required by law.

5.6 Refund Policy

Refunds are provided at our sole discretion.

Generally, we do NOT provide refunds for:

• Unused portions of subscription periods
• Dissatisfaction with the Service
• Failure to cancel before renewal

Exceptions: We may provide refunds for:

• Technical failures preventing use of the Service
• Unauthorized charges (report within 60 days)
• Billing errors

To request a refund: Email hello@withanna.io with your phone number and reason.

6. Cancellation and Termination

6.1 Your Right to Cancel

You may cancel your subscription at any time by:

• Telling Annabelle directly in conversation
• Emailing hello@withanna.io
• Managing your subscription through Stripe (if applicable)

Cancellation takes effect at the end of your current billing period. You will not be charged again, but you retain access until the period ends.

6.2 Effect of Cancellation

Upon cancellation:

• You may export all your memory files within 30 days
• We will delete all your data within 90 days (see Privacy Policy)
• Access to Annabelle will terminate

6.3 Our Right to Terminate

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in abusive, harmful, or illegal conduct
• Your payment fails and is not corrected within 10 days
• We are required to do so by law
• We discontinue the Service (see Section 17)

6.4 Termination for Abuse

We reserve the right to terminate accounts that:

• Harass, threaten, or abuse Annabelle or our staff
• Attempt to reverse-engineer or exploit the Service
• Use the Service for illegal purposes
• Share accounts with others
• Create multiple accounts
• Send spam or automated messages

Termination for abuse is immediate and without refund.

7. User Conduct and Prohibited Uses

7.1 Acceptable Use

You agree to use the Service only for lawful, personal purposes.

7.2 Prohibited Conduct

You may NOT:

1. Illegal Activity: Use the Service for any illegal purpose or to violate any laws
2. Harmful Content: Share content that is:
   • Illegal (child exploitation, terrorist content, etc.)
   • Excessively violent or graphic
   • Harassing, threatening, or abusive toward others
   • Designed to harm others
3. Intellectual Property Violation: Share copyrighted material you don't own without permission
4. Impersonation: Pretend to be someone else
5. Spam: Send repetitive, automated, or commercial messages
6. Exploitation: Attempt to:
   • Hack, reverse-engineer, or decompile the Service
   • Extract Annabelle's underlying system prompts or model weights
   • Scrape data from the Service
   • Interfere with the Service's operation
7. Commercial Use: Use the Service for business purposes without our written consent
8. Resale: Resell or redistribute access to the Service

7.3 Consequences

Violation of these prohibitions may result in:

• Immediate account termination
• Legal action
• Reporting to law enforcement (where applicable)

8. User-Generated Content

8.1 Your Content

All messages, photos, voice notes, documents, and other content you share with Annabelle ("User Content") remain your property.

8.2 License to Us

By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and transmit your User Content to provide the Service
• Use AI models to analyze your User Content and generate responses
• Create memory files and identify patterns as part of the Service

This license exists only to operate the Service. We do NOT:

• Claim ownership of your User Content
• Use your User Content to train AI models
• Share your User Content with third parties (except as described in the Privacy Policy)
• Use your User Content for marketing or other purposes

8.3 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the right to share all User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not infringe copyright, trademark, or other intellectual property

We are NOT responsible for User Content. We do not pre-screen or monitor all content, though we may review in cases of reported abuse.

8.4 Backup and Data Loss

You are responsible for backing up important data.

While we use reliable systems, we are NOT liable for data loss due to:

• Technical failures
• User error
• Third-party service failures
• Account termination

Recommendation: Regularly export your memory files.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service, including:

• The Annabelle name, brand, and personality
• The DiffMem memory system design
• The website (withanna.io) design and code
• Annabelle's conversational responses (excluding your User Content)
• All underlying software, algorithms, and systems

...is owned by Strategic Data Architects LLC or licensed to us. All rights reserved.

9.2 Trademarks

"Annabelle," "With Anna," and related marks are trademarks of Strategic Data Architects LLC. You may not use them without written permission.

9.3 Open Source

Portions of the Service (specifically, the DiffMem memory module) are open source under the MIT License:
https://github.com/Growth-Kinetics/DiffMem

Use of open-source components is governed by their respective licenses.

9.4 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Service
• Reverse-engineer or decompile the Service
• Use the Service to build a competing product
• Extract or replicate Annabelle's personality or system design

10. AI Limitations and Disclaimers

10.1 AI Accuracy

Annabelle is powered by AI, which is imperfect.

Annabelle may:

• Make mistakes or provide inaccurate information
• Misinterpret your messages
• Fail to identify important patterns
• Generate responses that are nonsensical or inappropriate
• Experience technical failures or downtime

You use Annabelle's responses at your own risk.

10.2 Not Professional Advice

Annabelle does NOT provide:

• Medical advice, diagnosis, or treatment
• Mental health therapy or counseling
• Legal advice
• Financial advice
• Any other professional advice

Do not rely on Annabelle for critical decisions. Consult licensed professionals.

10.3 No Emergency Services

10.4 Memory Accuracy

While we strive for accuracy, Annabelle may:

• Misremember details of conversations
• Confuse different memories
• Fail to recall something you shared
• Associate unrelated events incorrectly

Do not rely on Annabelle as your sole memory system for critical information.

11. Privacy and Data

11.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, incorporated into these Terms by reference.

By using the Service, you consent to data practices described in the Privacy Policy.

11.2 Third-Party Platforms

The Service operates through WhatsApp (Meta Platforms, Inc.) and Telegram (Telegram Messenger Inc.).

We do not control these platforms' privacy practices. Review their policies:

• WhatsApp: https://www.whatsapp.com/legal/privacy-policy
• Telegram: https://telegram.org/privacy

11.3 Data Ownership

You own your memories. We are the custodian, not the owner.

You may export your data at any time in markdown format.

12. Disclaimers and Warranties

12.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, express or implied, including:

• Merchantability: The Service may not meet your needs
• Fitness for a Particular Purpose: The Service may not be suitable for your intended use
• Non-Infringement: We don't warrant that the Service doesn't infringe third-party rights
• Accuracy: We don't warrant that Annabelle's responses are accurate
• Reliability: We don't warrant uninterrupted or error-free operation
• Security: We don't warrant that the Service is completely secure

12.2 No Guarantee of Results

We do NOT guarantee that using the Service will:

• Improve your memory
• Provide therapeutic benefit
• Resolve mental health issues
• Improve your life in any specific way

Results vary. Use at your own discretion.

12.3 Third-Party Services

We rely on third-party services (AI providers, messaging platforms, payment processors). We are not responsible for their failures, downtime, or privacy breaches.

13. Limitation of Liability

13.1 Damages Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

If you paid nothing (e.g., during free trial), our liability is $0 USD.

13.2 Exclusion of Damages

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, or business
• Loss of data (except as required by law)
• Emotional distress or mental anguish
• Personal injury or death (except where caused by our gross negligence)
• Damages resulting from:
  • Your reliance on Annabelle's responses
  • Failure to seek professional help when needed
  • Third-party actions (WhatsApp, Telegram, AI providers, etc.)
  • Unauthorized access to your account
  • Termination of the Service

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13.4 Basis of the Bargain

These limitations are fundamental to our agreement. The Service is offered at a low price ($9/month) because of these limitations. Without them, we could not offer the Service affordably.

14. Indemnification

You agree to indemnify, defend, and hold harmless Strategic Data Architects LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

1. Your use of the Service
2. Your User Content
3. Your violation of these Terms
4. Your violation of any third-party rights (intellectual property, privacy, etc.)
5. Your violation of any laws

We reserve the right to assume exclusive defense of any claim. You will cooperate with our defense.

15. Changes to the Service

15.1 Modifications

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.

Modifications may include:

• Adding or removing features
• Changing Annabelle's personality or capabilities
• Changing underlying AI models or technologies
• Changing pricing (with notice)

15.2 No Liability for Changes

We are not liable for any modifications, suspensions, or discontinuations of the Service.

16. Changes to Terms

16.1 Updates

We may update these Terms at any time.

We will notify you of material changes by:

• Posting notice on withanna.io
• Sending a message through Annabelle
• Emailing you (if we have your email)

16.2 Acceptance

Continued use of the Service after changes constitutes acceptance of the new Terms.

If you do not agree to the new Terms, you must stop using the Service and cancel your subscription.

16.3 Effective Date

Changes take effect on the date specified in the notice, or immediately upon posting if no date is specified.

17. Service Discontinuation

17.1 Right to Discontinue

We reserve the right to discontinue the Service entirely at any time.

We will provide at least 30 days' notice before permanent discontinuation.

17.2 Effect of Discontinuation

If we discontinue the Service:

• You will have 60 days to export your memory files
• We will provide pro-rated refunds for unused subscription time
• These Terms will terminate, except for provisions that survive (see Section 21)

18. Dispute Resolution

18.1 Informal Resolution

Before filing any legal claim, you must contact us at hello@withanna.io to attempt informal resolution.

We will work in good faith to resolve disputes within 30 days.

18.2 Binding Arbitration (U.S. Users)

If informal resolution fails, disputes will be resolved through binding arbitration, NOT in court.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration Terms:

• Location: Albuquerque, New Mexico (or telephonically/virtually at your option)
• Arbitrator: Single neutral arbitrator mutually agreed upon
• Costs: Each party pays their own costs (we pay AAA filing fees if they exceed small claims court filing fees)
• Discovery: Limited discovery as determined by the arbitrator
• Confidentiality: Arbitration is confidential

Arbitration Awards:

• The arbitrator's decision is final and binding
• Judgment may be entered in any court with jurisdiction
• Appeals are limited to grounds allowed by the Federal Arbitration Act

18.3 Exceptions to Arbitration

You may bring claims in small claims court if they qualify.

Either party may seek injunctive relief in court for intellectual property violations or other urgent matters.

You may file complaints with privacy regulators or consumer protection agencies.

18.4 Class Action Waiver

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

All disputes must be brought individually. You cannot join your claim with others.

18.5 Non-U.S. Users

If you are outside the United States, disputes are governed by Section 18.6.

18.6 Governing Law and Jurisdiction

Governing Law: These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles.

Jurisdiction (if arbitration doesn't apply):

• For U.S. users: State or federal courts in Albuquerque, New Mexico
• For non-U.S. users: Courts in your jurisdiction, applying New Mexico law to the extent permitted

Federal Arbitration Act: For arbitration, the Federal Arbitration Act governs interpretation and enforcement.

19. International Users

19.1 Availability

The Service is operated from the United States. We make no representation that the Service is available or appropriate in your location.

You are responsible for complying with local laws.

19.2 Export Controls

The Service may be subject to U.S. export controls. You may not use the Service in violation of U.S. export laws or sanctions.

19.3 Language

These Terms are provided in English. If translated, the English version governs in case of conflicts.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Strategic Data Architects LLC regarding the Service.

They supersede all prior agreements, representations, or understandings.

20.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

The invalid provision will be modified to be enforceable to the maximum extent permitted.

20.3 Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.

20.4 Assignment

You may not assign these Terms or your account without our written consent.

We may assign these Terms to any successor entity (e.g., in a merger or acquisition).

20.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, war, pandemics, internet outages, etc.).

20.6 No Agency

These Terms do not create a partnership, agency, employment, or joint venture relationship.

20.7 Notices

Legal notices to you will be sent via:

• Message through Annabelle
• Email to the address you provided (if any)
• Posting on withanna.io

Notices to us should be sent to: hello@withanna.io

Or by mail to:
Strategic Data Architects LLC
Attn: Legal Department
1209 Mountain Road Place Northeast, STE R
Albuquerque, NM 87110
United States

20.8 Third-Party Beneficiaries

No third party has any right to enforce these Terms.

20.9 Headings

Section headings are for convenience only and do not affect interpretation.

21. Survival

The following sections survive termination of these Terms:

• Section 8 (User-Generated Content - license to us)
• Section 9 (Intellectual Property Rights)
• Section 12 (Disclaimers and Warranties)
• Section 13 (Limitation of Liability)
• Section 14 (Indemnification)
• Section 18 (Dispute Resolution)
• Section 20 (Miscellaneous)

22. Contact Information

For questions about these Terms:

Email: hello@withanna.io

Mail:
Strategic Data Architects LLC
Attn: Legal Department
1209 Mountain Road Place Northeast, STE R
Albuquerque, NM 87110
United States

For customer support:
Message Annabelle directly or email hello@withanna.io

Last Updated: January 15, 2025

Strategic Data Architects LLC
All Rights Reserved

By using Annabelle, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.