Terms of Service

1Acceptance & Definitions

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding contract with Auxerta and are not barred from doing so under any applicable law.

As used in these Terms, capitalized terms have the meanings set forth below:

• “Account” means the registered account through which a User accesses the Service.
• “Your Content” means the posts, notes, comments, tags, moods, typographic selections, reviews, photographs, studio artwork, and other material that a User submits to, or makes available through, the Service.
• “AI Licensing” means the invitational, opt-in programme described in Section 5 under which a User who has been invited by Auxerta and has affirmatively accepted permits Auxerta to use and to license de-identified content for the development of artificial-intelligence models.
• “the Assistant” means the feature of the Service described in Section 5A, which shows a User short messages addressed to that User alone, and “Assistant Output” means any greeting, observation, summary, notice, or other text the Assistant shows.
• “Personal Information” has the meaning given to it in the Privacy Policy and applicable law.

2Eligibility

You must be at least 16 years of age to create an Account or use the Service. The Service is not directed to, and may not be used by, children under the age of 13, consistent with the Children’s Online Privacy Protection Act (“COPPA”). By using the Service, you represent and warrant that you are 16 years of age or older.

Auxerta collects a User’s date of birth at registration and processes it for age-related purposes only, namely: (a) enforcement of the age requirement set out in this Section; (b) determination of whether content containing strong language is presented uncovered or masked; and (c) where a report concerns a minor, inclusion in a report to the National Center for Missing & Exploited Children as described in the Privacy Policy. A User’s date of birth is not displayed to other Users and is not otherwise published or disclosed except as described in the Privacy Policy. Auxerta reserves the right to suspend or terminate any Account that it reasonably believes belongs to a person who does not meet the eligibility requirements of this Section.

3Accounts & Security

To access certain features of the Service, you must register for an Account using an email address, a password, and a chosen handle and display name. You agree to provide accurate, current, and complete information and to keep that information up to date.

One Account per person. An Account is personal to one human being. You may not register or maintain more than one Account, register an Account on behalf of another person, or operate an Account by automated means. Automated accounts (“bots”), scripted registration, and accounts operated by software rather than by a person are prohibited.

Where Auxerta determines that a person holds more than one Account, or that an Account is operated by automated means, Auxerta reserves the right to delete the additional Account or Accounts without notice to you, at its discretion and without any obligation to give reasons in advance. Nothing in this paragraph limits Auxerta’s rights under Section 10.

Confirmation of your email address. Auxerta sends a confirmation link to the address you register. Until that address is confirmed, your Account is limited: entries you write are stored privately whatever audience you select, and the remaining features of the Service, including publishing to others, reading other Users’ writing, search, the member directory, and forming connections, are unavailable. You retain full access to your own writing and to your Account settings throughout, may request a further confirmation link at any time, and may delete your Account at any time. The limitation ends immediately upon confirmation.

Your username may be changed, subject to a cooling period of not more than one change in any thirty (30) day period. A username is an address, not a property right: Auxerta grants no ownership in it, and changing yours releases the prior username and may cause links, references, and citations to your prior username to cease to resolve. Usernames that are reserved or that are held by an active Account are unavailable. A username associated at any time with an Account that has been suspended, terminated, or banned is permanently retired and may not be registered or reclaimed by you or by any other User, including where the Account changed usernames before the enforcement action was taken. Auxerta may reclaim, reassign, or require the change of any username at its discretion where it impersonates another person or entity, is used deceptively, infringes a third party’s rights, or violates Section 6 or Section 7.

You are solely responsible for safeguarding your credentials and for all activity that occurs under your Account, whether or not authorized by you. You agree to notify Auxerta promptly at contact@auxerta.com upon becoming aware of any unauthorized use of, or security breach affecting, your Account. Auxerta shall not be liable for any loss or damage arising from your failure to comply with this Section.

Usage recording

The Service offers optional usage recording, which is presented separately at registration, is not pre-selected, and is not a condition of registration or of access to any feature. Where you enable it, you consent to Auxerta recording your use of the Service as described in the Privacy Policy. You may disable it at any time in your Account settings, with immediate effect.

No compensation. You are not entitled to any fee, royalty, revenue share, or other consideration in respect of usage information recorded while the setting was enabled, or in respect of any statistic, measurement, analysis, or product decision derived from it. Auxerta bears the cost of operating the Service and the analysis of how it is used is part of operating it.

Effect of disabling. Disabling usage recording is prospective as to aggregates and retrospective as to your record. Aggregated and de-identified statistics already derived, which do not identify you and from which you cannot be singled out, remain the property of Auxerta and survive both the disabling of the setting and the deletion of your Account; Auxerta is under no obligation to recompute, amend, or withdraw a report already produced. The identifiable records held about your own use are erased when you disable the setting, and nothing in this Section limits any right you have under applicable data-protection law.

4Your Content & License

The Service accepts text and a photograph attached to an entry. The Service does not accept User-submitted video. A work made in the studio is composed of the User’s own typed words and drawn marks; the studio does not accept, import, or process a photograph or any other image file, and the outlines it offers for tracing are supplied by Auxerta within the Service. The studio is available to every signed-in User, and Section 4A governs works made in it. As between you and Auxerta, you retain all ownership rights in and to Your Content. You represent and warrant that you own or otherwise have all rights, licenses, and permissions necessary to submit Your Content and to grant the license set forth in this Section, and that Your Content does not infringe or violate the rights of any third party or any applicable law.

You hereby grant to Auxerta a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display Your Content solely to operate and provide the Service and solely in a manner consistent with the visibility setting you select for each entry (private, connections-only, or public). That visibility setting governs the pictures inside an entry as well as its words.

This license endures only for so long as is reasonably necessary to provide the Service. Upon deletion of an item of Your Content or of your Account, Auxerta ceases to display the affected material and deletes the associated records.

Limitation as to image files. Image files are stored separately from the entries in which they appear. Deletion of an entry or of an Account withdraws the affected image from display throughout the Service but does not, at present, effect erasure of the underlying image file from storage. Auxerta is implementing erasure of stored image files and will amend this Section upon its implementation. Pending such implementation, a User may request erasure of a specific image file by contacting Auxerta, and Auxerta will effect that erasure manually.

In addition, (a) Auxerta may retain residual copies in routine backups for a limited period and (b) Auxerta may retain and use Your Content as required to comply with applicable law or a legal, security, or moderation hold, including the preservation obligations described in Section 6. Nothing in this Section grants Auxerta any right to use Your Content to develop artificial-intelligence models except as expressly permitted under Section 5.

4AThe Studio

4A.1 Scope. This Section governs the studio and every work composed in it (a “Studio Work”). This Section is supplemental to Section 4 and does not limit it. Where this Section and Section 4 differ as to a Studio Work, this Section controls.

4A.2 Composition; no image intake. A Studio Work is composed of the User’s own typed words, drawn marks, and outlines supplied by Auxerta within the Service. The studio does not accept, import, upload, or process a photograph, a video, or any other image file from the User’s device or from any third party, and provides no facility to do so. The User may not submit an outline or other artwork obtained from outside the Service for use as a stencil.

4A.3 What is submitted. On publication, a Studio Work is submitted as (a) a still image rendered from the work; (b) where the User has applied motion, an animation rendered from the work; and (c) a snapshot of the underlying document, retained so that the User may re-open and edit the work. Each of (a), (b), and (c) is Your Content for the purposes of Section 4.

4A.4 The snapshot is not published. The snapshot described in Section 4A.3(c) is accessible only to the User who created it and is not served to any other User at any visibility setting. It remains available to Auxerta staff for the purposes described in Section 7 and to comply with legal obligations.

4A.5 Review before distribution. A Studio Work is member-created imagery. Where a User selects any visibility setting other than private, the entry carrying the Studio Work is withheld from every other User until a curator clears it. A Studio Work set to private is not withheld, is reviewed by no one, and is visible to its author alone. Editing a cleared Studio Work, or widening the visibility of a work that was private, returns the entry to review. Auxerta gives no undertaking as to the time within which a review is completed. Section 7.9 (Appeal) applies to a Studio Work that is refused or removed.

4A.6 Automated checks. The words composed within a Studio Work are subject to the same automated language screening as the text of an entry, and a Studio Work containing a term that screening identifies with confidence will not post. An animation is validated before it is stored; an animation that does not pass validation is not stored, and the still image is published in its place. These checks are automated, are not a substitute for the review described in Section 4A.5, and neither their operation nor their outcome constitutes an approval of a Studio Work by Auxerta.

4A.7 Picture actions. Publishing a new Studio Work spends one picture action from the User’s monthly allowance, which is 10 picture actions for a User and 40 for a Keeper. The allowance resets on the first day of each month. Editing an existing Studio Work spends no picture action unless the edit introduces a new image. A spent picture action is not refunded on deletion of the work.

4A.8 AI licensing. No Studio Work, and no part of one, is included in any corpus licensed under Section 5. Where an entry carrying a Studio Work is otherwise eligible under Section 5, only the title and body text the User typed into the entry may be included; the still image, the animation, the snapshot, and the words composed within the work itself are excluded in every case and irrespective of any consent the User has given.

4A.9 Acceptable use. Sections 6 and 7 apply to a Studio Work in full. Without limiting the generality of the foregoing, the prohibitions in Section 7.2 apply to words and marks composed within a Studio Work exactly as they apply to the text of an entry.

5AI and Your Content

Auxerta is an artificial-intelligence research company. The following provisions govern any use of Your Content in connection with artificial-intelligence development and are intended to be read together with the Privacy Policy.

• Participation by invitation; opt-in only. AI Licensing operates as an invitational programme (the “Contributor Programme”). Auxerta extends an invitation at its discretion; an invitation confers no entitlement, and Auxerta is under no obligation to extend one. Participation additionally requires the invited User’s affirmative acceptance. Neither the extension of an invitation nor its receipt constitutes consent. Absent both an invitation and the User’s acceptance, Auxerta will not use Your Content to develop, train, or improve artificial-intelligence models.
• Grant of licence. Upon acceptance, and for so long as that acceptance stands, you grant Auxerta a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable licence to reproduce, store, adapt, and create derivative works from Eligible Content, and to distribute and sublicense Eligible Content to third-party research partners and artificial-intelligence laboratories (each, a “Licensee”), in each case solely for the development, training, evaluation, and improvement of artificial-intelligence models. This licence extends to the retention of Eligible Content by Auxerta and by a Licensee for those purposes.
• No compensation. The licence granted under this Section is royalty-free. You are not entitled to any fee, royalty, revenue share, or other consideration in respect of any use, licensing, or distribution of Eligible Content, and no such consideration is implied by the fact that AI Licensing contributes to the funding of the Service.
• No attribution. Eligible Content is distributed in de-identified form. You are not credited or otherwise identified as the author in any corpus, model, or model output, and you waive any right to attribution in respect of such use to the extent permitted by applicable law.
• Eligible Content. “Eligible Content” means an entry that satisfies each of the following conditions at the time of inclusion: (a) it is designated public, or is shared with your group and your acceptance covers group entries under Audience scope below; (b) it was created during a period in which your acceptance stood; (c) it has not been removed by you, has not been removed or withheld by Auxerta following review, and has not been designated private by you; and (d) it is not excluded under this Section. Each condition is evaluated afresh at the time of each inclusion, and content ceasing to satisfy any condition ceases to be Eligible Content.
• Entries withdrawn from circulation after thirty days. Where an entry ceases to be publicly visible solely by operation of Section 8.1a, which withdraws a free account’s public and group entries from circulation thirty days after they are written, that entry remains Eligible Content. Condition (c) above is not failed by that withdrawal: the entry was public, your acceptance stood while it was, and the withdrawal is an operation of the Service rather than a decision by you. This paragraph does not apply where you designate an entry private, which excludes it from that moment under condition (c). This paragraph applies to acceptances of version 3 of this Section and later.
• Audience scope. Acceptance covers a User’s public entries and entries shared with their group. A User may separately and expressly extend it to entries visible only to themselves; that extension is a distinct act, is recorded with the time it was made, and is withdrawable at any time. An extension applies only from the moment it is made, and withdrawing it removes the entries it covered from every subsequent corpus. Absent such an extension, entries designated private are excluded, and an entry a User designates private is excluded from that moment whether or not it was previously public. This scope applies to acceptances of version 3 of this clause and later; a User who accepted an earlier version is bound by the version they accepted, under which group entries required a separate extension, until they accept this one.
• Content never eligible. The following are excluded from AI Licensing in all circumstances, whatever a User’s audience scope: entries withheld pending review; entries carrying an AI label; any content connected to Auxerta’s support resources, including concern reports and crisis-support interactions; and any User-submitted image, which is never included in a corpus. Acceptance is accepted only from Users sixteen (16) years of age or older whose date of birth has been confirmed at registration.
• Curated selection. Consent establishes eligibility only. Inclusion in any training corpus is by Auxerta’s selection; not all eligible content is included, and no inclusion is guaranteed or owed.
• Notice of inclusion. Auxerta will notify you through the Service no later than the first time Your Content is included in a corpus used to train models or delivered to a licensee.
• De-identification. Before Eligible Content is distributed to a Licensee it is de-identified: your name, handle, email address, and other direct identifiers are removed from the text, the author is represented by a salted pseudonymous reference rather than by any Account identifier, the entry is represented by a salted reference rather than by its identifier within the Service, dates are coarsened, and free-text tags are discarded. De-identification reduces but does not eliminate the possibility of re-identification, and Auxerta does not warrant that re-identification is impossible; content that you have published publicly remains publicly readable on the Service under your handle for so long as it is shown under paragraph 8.1a.
• Withdrawal. Acceptance is withdrawable at any time, without condition and without leaving the Service, from your Account settings. Withdrawal takes effect prospectively upon receipt. Auxerta ceases thereafter to include Eligible Content in any corpus and ceases to distribute it to any Licensee.
• Limits of withdrawal. Withdrawal does not, and cannot, operate retrospectively. Auxerta is unable to recall Eligible Content already distributed to a Licensee, to compel the deletion of copies held by a Licensee, or to reverse or undo training already performed. The licence granted in respect of Eligible Content already distributed survives withdrawal and survives deletion of your Account, in each case solely to the extent necessary to permit continued use of corpora and models already created. This limitation is inherent in the nature of the programme and you should treat acceptance accordingly.
• Effect of Account deletion. Deletion of your Account withdraws your acceptance and halts further distribution, but does not recall Eligible Content already distributed to a Licensee.
• Licensee obligations. Auxerta distributes Eligible Content to a Licensee only under written terms that prohibit the Licensee from attempting to re-identify any User and from redistributing the corpus other than as permitted by those terms.
• No sale of identity. Auxerta does not sell a User’s identity or contact details.

AI labeling. Where Auxerta, upon human review, concludes that an entry appears to be substantially produced by artificial intelligence, Auxerta may label that entry “AI writing,” “AI generated,” or “AI writing & generated,” according to whether the label concerns the text of the entry, an accompanying image, or both. Such determination is a manual human judgment and not the result of automated detection. Applying a label sets the entry to private. The entry returns to the audience you had selected when you accept the label, or, if you edit the entry instead, once Auxerta has reviewed that edit. The label is not an accusation. Because authorship cannot be conclusively established either way, Auxerta resolves honest disputes in the User’s favor and removes the label accordingly. Labeled entries are excluded from AI Licensing. Repeatedly presenting artificial-intelligence-generated content as your own may result in removal of content or action against your Account under Section 10.

5AThe Assistant

The Service includes an optional feature (the “Assistant”) that shows a User short messages addressed to that User alone. The Assistant is off unless you turn it on, and turning it on requires your separate affirmative acceptance of these Terms and of the Privacy Policy, given for that purpose. You may turn it off, and on again, at any time in your Account settings. Declining the Assistant has no effect on your access to the remainder of the Service; nothing in this Section conditions any other part of the Service upon it, and this Section is without prejudice to Section 1, under which your use of the Service binds you to these Terms whether or not you elect the Assistant. The Assistant is a function of the Service. It is not a natural person, is not a representative or agent of Auxerta, and does not constitute a channel of communication with Auxerta. A User cannot reply to it; the only information a User supplies to it is the name the User elects that it use, which is Personal Information and is used for no other purpose. Assistant Output is shown to the User to whom it is addressed and is not shown to any other User.

As at the date of these Terms the Assistant composes its messages from fixed text and from arithmetic performed on that User’s own entries. It does not employ a machine-learning model, and content processed for this purpose is processed within Auxerta’s systems and is not transmitted to any third party. This Section is nevertheless drafted to govern the Assistant should Auxerta later employ such a model, and the paragraph headed “Use of models” below applies in that event.

• Licence to the User; royalty-free. Auxerta grants you a personal, non-exclusive, non-transferable, revocable, royalty-free licence to use Assistant Output addressed to you. The Assistant is furnished as part of the Service and no separate fee is payable for it.
• No consideration payable to the User. No consideration is payable by Auxerta to you in respect of the Assistant. You are not entitled to any fee, royalty, revenue share, or other consideration in respect of any Assistant Output, of the Assistant’s use of Your Content to compose it, or of Auxerta’s operation, licensing, or commercialization of the Assistant. This applies whether or not particular Assistant Output quotes, summarizes, describes, or is otherwise derived from Your Content.
• Election; withdrawal. The Assistant is elected, not assigned. It is inactive on every Account until the User turns it on, which requires the User to affirm both these Terms and the Privacy Policy by separate act for that purpose. A User may turn the Assistant off at any time in the Account settings, whereupon it ceases to compose or show Assistant Output and the licence over Your Content in “Licence to operate the Assistant” lapses. Turning it off does not withdraw the acknowledgments in this Section in respect of Assistant Output already produced, and does not affect any other part of the Service. A User who declines the Assistant is not asked again in respect of the same revision of these Terms.
• Acknowledgment and agreement. You acknowledge and agree that: (a) you have no entitlement to the Assistant, to its continued availability, to any particular Assistant Output, or to receive any Assistant Output at all; (b) you have no entitlement to any fee, royalty, revenue share, credit, attribution, or other consideration in respect of the Assistant or of any Assistant Output, whether or not that output quotes, summarizes, describes, or is otherwise derived from Your Content; (c) Assistant Output is free of any claim by you, and Auxerta may use, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit Assistant Output for any purpose, without restriction, without notice to you, and without compensation to you; and (d) you waive, to the fullest extent permitted by applicable law, any moral right, right of attribution, and right of integrity in respect of Assistant Output.
• Licence to operate the Assistant. So that Assistant Output may be produced and so that paragraph (c) above may be given effect, you grant Auxerta a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable licence to reproduce, store, process, and analyze Your Content, and to transmit it to a provider engaged under “Use of models” below, in each case as necessary to operate, provide, secure, and maintain the Assistant and to compose Assistant Output addressed to you; and, in respect of Assistant Output itself, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable licence for any purpose. The first of these licences subsists only while the Assistant is enabled on your Account and lapses when you turn it off; the second, over Assistant Output, is unaffected by your turning the Assistant off, in respect of output already produced. The first is limited to the purpose stated and confers no right to use Your Content to develop, train, evaluate, or improve any artificial-intelligence model, which remains governed exclusively by Section 5 and by your acceptance or non-acceptance under it.
• Anticipation of a model. You acknowledge that Auxerta intends that the Assistant may in future be operated by an artificial-intelligence model, and you agree that this Section governs Assistant Output however it comes to be produced, whether by fixed text, by computation, by such a model, or by any combination of them. No further consent is required of you for a change in the manner of production, and no such change enlarges the licence in Section 5 or renders any content Eligible Content.
• Ongoing development. You acknowledge and agree that the Assistant is under continuing development; that its function, content, wording, frequency, presentation, capabilities, and the means by which Assistant Output is produced are subject to change from time to time, including material change; that it may contain defects and may be subject to error, suspension, and interruption; that no version of it is final and each is provisional; and that your continued use of the Service following any such change constitutes your acceptance of it. Auxerta makes no representation and gives no undertaking as to the future function, capability, or availability of the Assistant, and no statement, roadmap, demonstration, or prior behaviour of the Assistant constitutes a commitment to develop, deliver, retain, or continue any feature, capability, or behaviour.
• Survival. The acknowledgments and the licences in this Section survive any change to the Assistant, its removal, the termination of these Terms, and the deletion of your Account, in each case in respect of Assistant Output already produced.
• Rights reserved. As between you and Auxerta, Auxerta retains all right, title, and interest in the Assistant, in the methods by which Assistant Output is produced, and in Assistant Output itself. You acquire no ownership interest in any of them. Nothing in this Section transfers, assigns, or diminishes your ownership of Your Content, which continues to be governed by Section 4.
• Output is not unique. Assistant Output is produced by common methods and from common text. Identical or substantially similar Assistant Output may be, and is expected to be, shown to other Users. Nothing in this Section confers exclusivity in any Assistant Output.
• Accuracy is not warranted. Assistant Output may be inaccurate, incomplete, out of date, or mistaken, and may misdescribe Your Content or your use of the Service. It does not constitute professional advice of any kind, and no decision should be taken in reliance upon it. Assistant Output is subject to Sections 11 and 12 in the same manner as every other part of the Service.
• Silence is not a representation. The Assistant may produce no Assistant Output for extended periods. The absence of Assistant Output is a normal condition of the Service, does not constitute a defect in it, and is not a representation that nothing has occurred, that no notice is outstanding, or that any state of affairs obtains. Auxerta does not undertake that the Assistant will observe, report, or notify you of any particular matter.
• Not a record; not Your Content. Assistant Output is not Your Content, is not published, does not form part of any entry, and is not retained by Auxerta as a record of your Account. Auxerta is under no obligation to preserve, reproduce, or make available any Assistant Output previously shown.
• Not moderation; no automated decisions. The Assistant makes no determination about you, Your Content, or your Account. No withholding, labeling, suspension, or other action under Section 5, Section 7, or Section 10 follows from Assistant Output, and Assistant Output is not evidence of any such determination.
• Separate from AI Licensing. The Assistant’s use of Your Content to compose messages addressed to you is not AI Licensing, is neither conditioned upon nor constitutes an invitation to or acceptance of the Contributor Programme, does not render any content Eligible Content, and confers no right to use Your Content to develop, train, evaluate, or improve any artificial-intelligence model. The exclusions and the audience scope in Section 5 are unaffected by this Section, and a User who has not accepted under Section 5 is entitled to the Assistant on the same terms as one who has.
• Use of models. Should Auxerta employ a machine-learning model, whether its own or one operated by a third party, to produce Assistant Output, Auxerta will disclose that fact within the Service. Content processed for that purpose is processed in order to serve the User to whom the output is addressed. Where a third-party provider is engaged, Auxerta will engage it under written terms that prohibit the provider from using content so processed to train or improve that provider’s own models. You acquire no right, licence, or interest in any model by reason of Assistant Output shown to you.
• Reproducing Assistant Output. You may reproduce Assistant Output addressed to you outside the Service at your own risk. Where you post Assistant Output within the Service as your own writing, the AI labeling provisions of Section 5 apply to it.
• Availability; Auxerta’s reservation of rights. Auxerta may, at any time, in its sole discretion, with or without notice, and without liability to you: name the Assistant and change any name by which it is presented; alter its function, content, wording, frequency, and presentation, and whether any Assistant Output is produced at all; restrict or condition the circumstances in which it appears; suspend it, whether for a period or indefinitely; and discontinue or remove it entirely, in whole or in part. No such change entitles you to any notice, refund, credit, compensation, or other remedy. The Assistant is furnished as an accommodation. You acquire no vested, continuing, or exclusive right to it, and no course of dealing, period of availability, or prior version of it gives rise to any expectation that it will remain available or continue to behave as it has.
• The name you elect. The name by which the Assistant addresses you is elected by you and may be changed or cleared by you at any time. Auxerta may refuse a name, and may change or clear a name already in use, where in its judgment the name is unlawful, infringing, impersonating, or contrary to Section 6 or Section 7, or where it is required to do so by law. Where a name is refused, changed, or cleared, the Assistant addresses you by your display name and, failing that, by your handle. Auxerta may also alter the manner in which any elected name is used, or cease to use elected names at all.
• Not a subscription benefit. The Assistant is not a benefit of any paid tier and is not part of anything purchased under Section 8. No change to it, and no removal of it, engages Section 8, gives rise to any refund or pro-rated credit, or constitutes a change to a subscription.

6Acceptable Use; DMCA & Intellectual Property

You agree that you shall not, and shall not attempt to, use the Service to:

• engage in any unlawful activity or post content you do not have the right to share;
• harass, threaten, defame, or otherwise harm any person;
• engage in the sexual exploitation of minors, including the production, distribution, solicitation, or facilitation of child sexual abuse material, which is strictly prohibited. When Auxerta becomes aware of apparent child sexual exploitation, it reports the matter to the National Center for Missing & Exploited Children (“NCMEC”) and cooperates with law enforcement, consistent with 18 U.S.C. § 2258A;
• act on behalf of, represent, fund, recruit for, or promote a Designated Entity as defined below, or glorify, celebrate, or incite acts of terrorism or violent extremism;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• hack, disrupt, scrape, overload, or otherwise interfere with the integrity or operation of the Service; or
• use the Service or other Users’ content to build a competing product or to train artificial-intelligence models without authorization.

Auxerta may, in its sole discretion and to the fullest extent permitted by applicable law, remove content, and suspend or terminate Accounts, that it reasonably believes violate these Terms or applicable law.

Dangerous organizations and individuals. Auxerta does not permit an organization or individual that espouses violence to use the Service, and may restrict, suspend, or terminate any Account that Auxerta reasonably believes to be associated with such an organization or individual, whether or not that Account has submitted content in breach of these Terms. For the purposes of these Terms, a “Designated Entity” means: (a) any person or entity appearing on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, including any person designated a Specially Designated Global Terrorist; (b) any organization designated a Foreign Terrorist Organization by the U.S. Department of State; (c) any individual appearing on the U.S. Federal Bureau of Investigation’s Most Wanted Terrorists or Domestic Terrorism lists; and (d) any non-state group that identifies as an extremist group through its stated purpose, publications, or actions, has engaged in or promoted violence to further its cause, and targets civilians. Auxerta refers to the foregoing lists for the reason that each is published by its issuing authority for public reference. Auxerta is not affiliated with, endorsed by, sponsored by, or acting on behalf of any government agency or instrumentality, and nothing in these Terms shall be construed as a representation to the contrary.

Intellectual property; DMCA. The Service and its underlying software, design, and marks are owned by Auxerta or its licensors and are protected by intellectual-property laws. Auxerta responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act through a designated agent. For instructions on submitting a takedown notice or counter-notice, see our Copyright / DMCA policy.

7Safety & Community Standards

7.1 Application. This Section prescribes the standards of conduct applicable to all use of the Service and the measures available to Auxerta upon a breach of those standards. This Section is supplemental to, and does not limit, Section 6.

7.2 Prohibited Content. You shall not submit to, or make available through, the Service any content that references, describes, depicts, promotes, glorifies, facilitates, solicits, or provides instruction in (a) the acquisition, manufacture, supply, distribution, possession, use, or sale of any controlled substance; (b) the commission of any criminal offense; or (c) violence against any person or group of persons (together, “Prohibited Content”). For the avoidance of doubt, content that presents any of the foregoing conduct as desirable, aspirational, or without consequence constitutes Prohibited Content.

7.3 Construction. Section 7.2 prohibits reference to the conduct described therein irrespective of the purpose for which the reference is made, and shall not be construed to prohibit only the promotion of that conduct. Without limiting the generality of the foregoing, none of the following removes content from the operation of Section 7.2: (a) that the content is an account of the User’s own experience, or that of a person known to the User; (b) that the content is offered as reportage, commentary, condemnation, or memorial; (c) that the content is critical of, or opposed to, the conduct described; or (d) that the conduct is depicted in a work that is the subject of a review or other critical discussion. Auxerta may apply a covering or a label in lieu of removal where it considers that course appropriate.

7.4 Assertions of fact. Where the primary purpose of an entry is to assert, as established fact, a proposition of public consequence, including a proposition concerning health, safety, science, law, or current events, Auxerta may set the visibility of that entry to private, such that the entry is not distributed beyond the audience already entitled to receive it. A User may request that Auxerta review any entry so restricted with a view to its public distribution, by written request to contact@auxerta.com citing not fewer than five (5) credible and independent sources supporting the propositions asserted. Where Auxerta is satisfied that the sources cited support the entry, Auxerta shall restore the entry to the audience selected by the User. Auxerta is under no obligation to distribute any entry, and a determination not to distribute an entry shall not constitute a finding that the entry is false.

7.5 Advocacy and belief.

(a) Religious content. Religious content is permitted on the Service and shall be submitted at the private visibility setting only. You shall not select the Group or Public audience for an entry the primary purpose of which is to express, advance, or invite adherence to a religious belief, practice, or observance. Auxerta may set the visibility of any such entry to private, and the User may request review of that entry in accordance with Section 7.4.

(b) Political and ideological content. Where the primary purpose of an entry is to advance a political or ideological position, as distinct from an account of a User’s own life, practice, or opinion of a work, Auxerta may set the visibility of that entry to private, and the User may request review of that entry in accordance with Section 7.4. This Section 7.5(b) shall be applied without regard to the particular position or ideology expressed.

(c) Nothing in this Section 7.5 restricts a User from recording their faith, their practice, or their convictions in a private entry.

7.6 Campaigning and coordinated activity. You shall not use the Service to organize, recruit for, solicit funds for, or coordinate the amplification of any cause, campaign, or organization, whether acting alone or in concert with one or more other Accounts.

7.7 Enforcement measures. Auxerta shall respond to a breach of these Terms proportionately to the seriousness of that breach, having regard to the harm caused or risked, the intent of the User, and any prior breach by that User. The measures available to Auxerta are, in ascending order of severity: (a) a warning; (b) suspension, during which the User retains access to their own private content but not to public content or to content shared with connections; and (c) termination, upon which access to the Service is permanently and immediately withdrawn and the User’s content ceases to be visible to any other User. Auxerta may remove any content giving rise to a breach, whether or not a measure under this Section 7.7 is also applied. A breach of Section 6 concerning the sexual exploitation of minors, and any breach involving a Designated Entity, shall in every case be treated as a breach of the utmost seriousness.

7.8 Preservation of User rights. Removal of content from the Service does not affect a User’s rights in that content. A User whose Account is suspended or terminated remains entitled to export their content and to withdraw any consent previously given, in each case as described in the Privacy Policy. Auxerta may retain a record of a breach, and the content giving rise to it, for so long as is necessary to administer these Terms, to determine an appeal under Section 7.9, and to comply with its legal obligations.

7.9 Appeal. A User whose content has been removed, or whose Account has been suspended or terminated, may appeal by written notice to contact@auxerta.com. Auxerta shall cause the decision to be reviewed by a natural person.

7.10 Private messaging and calls. The Service provides private one-to-one messaging (“Ping”) and, where enabled, one-to-one voice calling. Access to these features is provisioned by Auxerta at its discretion and is not a general entitlement of an Account: Auxerta may enable them for a given User, decline to enable them, or withdraw access, and a User has access only where Auxerta has granted it. Where enabled for a User, the features operate only between that User and another User who has likewise been granted access and with whom the User has accepted a mutual connection. These features are subject to Sections 6 and 7 in full: a User shall not use them to share Prohibited Content, to harass or threaten, to send unsolicited commercial or bulk messages, to distribute links to unlawful or malicious material, or for any conduct prohibited elsewhere in these Terms. Voice calling, where offered, is limited to Users who have attained the age of majority, and Auxerta does not enable a private channel of either kind between an adult and a minor. Auxerta does not record the audio of any call. Private messages are automatically deleted thirty (30) days after they are sent. As an enforcement measure under Section 7.7, and proportionately to the breach, Auxerta may restrict a User’s access to messaging or calling, for a stated period or indefinitely, without suspending the User’s Account as a whole; such a restriction may be applied in response to a report, to Prohibited Content, to the sending of unsolicited or malicious links, or to signals of automated or coordinated misuse.

8Subscription

8.1 Keeper. The Service is free to use. Auxerta additionally offers an optional paid subscription, Keeper, at US $4.99 per month, exclusive of any tax that may apply in your jurisdiction. Keeper grants the benefits described on the membership page and no other right; the Service remains usable without it.

8.1a Visibility of entries without a subscription. Where an entry is set to a public or connections-only audience by a User who does not hold a Keeper subscription, that entry ceases to be shown to the general membership thirty (30) days after it is published. Such an entry is not deleted, altered, or removed from the Service: it remains in the User’s own journal, together with any responses and keeps it received, and remains visible to the User and to any User who kept or replied to it before that date. Those Users may continue to read and to keep the entry; no further responses may be added to it by any User, including its author. Entries set to a private audience are unaffected, as is every right described in Section 9.

8.1b Status is fixed at publication. Whether paragraph 8.1a applies to a given entry is determined by whether the User held a Keeper subscription at the moment that entry was published, and is not revisited afterwards. Accordingly, an entry published while a subscription was held is never subject to paragraph 8.1a, including after that subscription ends; and an entry published without one remains subject to it, including after a subscription is later taken out. A subscription governs what a User publishes while it is held, and neither extends to earlier entries nor is withdrawn from later ones.

8.2 Automatic renewal. A Keeper subscription renews automatically each month until you cancel it. By subscribing you authorise a recurring charge of US $4.99 to your chosen payment method on each monthly renewal date, at the price then in effect, without further authorisation from you. The price, the billing period, and the automatic renewal are presented to you before the subscription is initiated, and Auxerta sends a confirmation once it begins.

8.3 Cancellation. You may cancel at any time, online and without contacting anybody, from the membership page. Cancellation takes effect at the end of the billing period already paid for: your Keeper benefits continue until that date and are not renewed afterwards. Auxerta does not pro-rate or refund a partial month, save where a refund is required by applicable law or is granted by Auxerta at its discretion.

8.4 Payment processing. Payments are taken by Stripe on pages hosted by Stripe. Auxerta does not receive, transmit, or store your card number, and no payment field is ever rendered by the Service. Your use of Stripe’s payment pages is additionally subject to Stripe’s own terms and privacy notice.

8.5 Changes to the price. Auxerta may change the subscription price. Any change takes effect only at a renewal falling no sooner than thirty (30) days after Auxerta has given you notice of it by email, and you may cancel before that renewal. A price change is never applied to a period you have already paid for.

8.6 Failed payment. Where a renewal payment fails, Keeper benefits end when the paid period ends. Auxerta does not extend, suspend, or invoice for an unpaid period, and a lapsed subscription may be restarted at any time.

9Advertising

Auxerta does not operate, and does not participate in, a third-party advertising network. The Service employs no advertising auction, no behavioural or interest-based targeting, and no third-party advertising or tracking technology. No information relating to a User is used to determine the promotional material that User is shown.

Auxerta does display advertising placements, each of which is labelled “Ad” where it appears. A placement is sold directly by Auxerta, selected by Auxerta, and presented identically to every User to whom the relevant page is served. Its image is hosted by Auxerta rather than retrieved from the advertiser, such that requesting a page carrying a placement does not disclose a User’s IP address to the advertiser; and its link is designated as sponsored.

Auxerta discloses no Personal Information to an advertiser and does not inform any advertiser of the identity of a User who views or selects a placement. Selecting a placement directs you to a website operated by the advertiser and not by Auxerta. Information collected on that website, including by the advertiser’s own analytics, is collected by the advertiser and is governed by the advertiser’s privacy policy and not by this Agreement or by the Privacy Policy. Auxerta does not sell your Personal Information.

10Termination & Suspension

You may stop using the Service and delete your Account at any time. Auxerta supports Account deletion and data export as further described in the Privacy Policy.

Refusal of an Account. Auxerta may refuse, suspend, or terminate any Account where Auxerta reasonably believes that the holder of that Account is a Designated Entity or has been convicted of a sexual offense against a child. Auxerta does not conduct criminal-background screening, does not collect criminal-history records from Users, and does not undertake to identify every person to whom this paragraph may apply. This paragraph states a ground upon which Auxerta may act; it constitutes neither a representation that Auxerta has acted upon that ground in any case, nor a representation that any User has been screened.

Auxerta may suspend or terminate your access to all or part of the Service, with or without notice, where Auxerta reasonably determines that you have violated these Terms or applicable law, or where suspension or termination is necessary to protect the Service, other Users, or third parties. Upon termination, the rights and licenses granted to you under these Terms shall cease, and the provisions that by their nature should survive termination, including Sections 4, 11, 12, 13, 14, and 16, shall survive.

11Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Auxerta does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of harmful components. No advice or information, whether oral or written, obtained from Auxerta or through the Service, creates any warranty not expressly stated in these Terms.

12Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUXERTA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUXERTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUXERTA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO AUXERTA FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS AUXERTA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Auxerta and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Your Content, (b) your use of or access to the Service, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party. Auxerta reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Auxerta’s defense of such matter.

14Dispute Resolution & Governing Law

Governing law. These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except to the extent that the mandatory law of your country of residence requires otherwise.

Informal resolution. Before commencing any arbitration, you agree to first contact Auxerta at contact@auxerta.com and to attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days.

Binding arbitration. Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved exclusively by final and binding arbitration administered on an individual basis, rather than in court, except that either party may bring an individual claim in small-claims court where it qualifies. The arbitration shall be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration administrator, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. To the fullest extent permitted by applicable law, you and Auxerta 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, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

Right to opt out. You may opt out of the arbitration and class-action-waiver provisions of this Section by sending written notice to contact@auxerta.com within thirty (30) days of first accepting these Terms. If you opt out, or if these provisions are found unenforceable, any dispute shall be resolved exclusively in the state or federal courts located in Delaware, and you and Auxerta consent to the personal jurisdiction of those courts.

15Changes to the Terms

Auxerta may modify these Terms from time to time. If Auxerta makes material changes, it will provide reasonable notice, such as by posting a revised “Last updated” date at the top of these Terms or by other appropriate means. Your continued access to or use of the Service after the effective date of any revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your Account.

16General Provisions

• Changes to the Service. Auxerta may, at any time and in its sole discretion, add to, alter, rename, restrict, suspend, discontinue, or remove any part of the Service, including any feature, and may impose or change limits on the use of any feature. Auxerta will give notice of a change that materially reduces a paid benefit in the manner set out in Section 8; no other change requires notice. Except as Section 8 provides, no change to the Service entitles you to any refund, credit, or compensation, and the Service is furnished as it stands from time to time. Nothing in this paragraph permits Auxerta to apply a change retroactively to a licence you have already granted or withdrawn under Section 5, or to reduce the rights reserved to you under Section 4.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
• Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Auxerta’s prior written consent. Auxerta may assign these Terms without restriction. Any attempted assignment in violation of this Section is void.
• Entire Agreement. These Terms, together with the Privacy Policy and the DMCA policy, constitute the entire agreement between you and Auxerta regarding the Service and supersede all prior or contemporaneous understandings.
• No Waiver. Auxerta’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Force Majeure. Auxerta shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, labor disputes, governmental action, network or utility failures, or other events of force majeure.
• Notices. Auxerta may provide notices to you via the email address associated with your Account or by posting within the Service. You may provide notices to Auxerta at contact@auxerta.com.

17Contact

Questions regarding these Terms, and matters concerning privacy, data rights, accessibility, or copyright, may be directed to contact@auxerta.com. For copyright matters you may also use the procedure in our Copyright / DMCA policy. See also our Privacy Policy.