Terms of Service — DRAFT

⚠️ DRAFT — NOT LEGAL ADVICE. Do not publish until an attorney reviews it. Founder homework (per docs/legal/README.md) customized to what the Services actually do. [BRACKETED] items need a decision. Pairs with PRIVACY_POLICY_DRAFT.md.

Effective date: [DATE] · Operator: Point Seven Studio LLC ([STATE])

These Terms govern your use of HiveJournal, Graphene, write.cafe, Lovio, DreamPro, and EmberKiln (the "Services"), operated by Point Seven Studio LLC ("we," "us"). By using the Services you agree to these Terms and to the Privacy Policy.

1. Eligibility & accounts

You must be 18+ [confirm] to use the Services. Keep your credentials secure; you're responsible for activity under your account. Provide accurate information.

2. Acceptable use

Don't: break the law; infringe others' rights; upload others' private/biometric data without authorization; impersonate anyone; clone or use a voice you don't have the right to use (§7); harass, harm, or abuse; scrape, overload, reverse-engineer, or circumvent limits; or misuse AI features to generate illegal, deceptive, or harmful content.

3. Your content

You keep ownership of the content you create ("Your Content"). You grant us a limited, worldwide, non-exclusive license to host, store, process, reproduce, and display Your Content solely to operate and improve the Services and to provide features you request — including sending relevant content to our AI processors (see the Privacy Policy §4) and rendering/narration/print where you use those features. Content you choose to make public or share may be visible to others and, if you enable it, distributed (e.g., published stories, public podcast discussions). You're responsible for Your Content and for having the rights to it.

4. AI-generated content & no professional advice

The Services use AI to generate text, audio, images, and other outputs at your request. AI output can be wrong, biased, or unexpected, and is provided as-is. It is not professional advice. In particular:

Wellness features (mood, DreamPro coaching, reflective tools) are not medical, psychological, or clinical services and are not a substitute for professional care.
Odessa and story features are creative fiction, not therapy or diagnosis. Subject to law and third-party model terms, you own the outputs you generate from Your Content; we make no ownership claim over them. [Confirm ownership/licensing language against OpenAI/Anthropic/ElevenLabs/Replicate provider terms.]

5. Voice cloning

If you create a voice clone, you represent that it is your own voice (or a voice you are fully authorized and legally permitted to clone), and you consent to its use to speak your own content per the Privacy Policy §5. You may retire your clone at any time. You may not use voice cloning to impersonate, deceive, or infringe anyone's rights. [Facilitated/eldercare "subject-consents / facilitator-operates" cloning is governed by a separate, counsel-gated flow and is not offered under these consumer Terms yet.]

6. Payments, subscriptions & creator payouts

Paid features and subscriptions are billed through Stripe. Prices, billing cycles, and any renewal terms are shown at purchase; subscriptions renew until canceled [state cancellation + refund policy]. If you earn money as a creator (tips, subscriptions, merch, coaching), payouts run through Stripe Connect subject to the applicable creator/payout terms and revenue-split disclosures; you are responsible for your own taxes. [Add a creator addendum covering splits, chargebacks, and payout eligibility.]

7. Intellectual property

We and our licensors own the Services, software, trademarks, and branding (HiveJournal, Graphene, EmberKiln, Lovio, DreamPro, Point Seven Studio, etc.). These Terms grant you no rights in them except to use the Services as permitted. If you send feedback, we may use it without obligation.

8. Third-party services

The Services integrate third parties (payments, AI, hosting, analytics, fulfillment, social). Your use of those may be subject to their terms; we're not responsible for third-party services.

9. Disclaimers

The Services are provided "as-is" and "as-available," without warranties of any kind to the fullest extent permitted by law, including no warranty of accuracy, availability, or fitness for a particular purpose — expressly including AI outputs and wellness features.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, and our total liability is limited to [the greater of amounts you paid us in the prior 12 months / $100]. [Counsel to finalize the cap + carve-outs.]

11. Indemnification

You agree to indemnify us against claims arising from Your Content, your use of the Services, or your breach of these Terms. [Scope with counsel.]

12. Suspension & termination

We may suspend or terminate accounts that violate these Terms or the law, or to protect the Services. You may stop using the Services and delete your account at any time. Sections that by nature survive (IP, disclaimers, liability, indemnity, disputes) survive termination.

13. Governing law & disputes

These Terms are governed by the laws of [STATE — e.g., Washington], without regard to conflict-of-laws rules. [Counsel to decide dispute resolution: courts vs. arbitration + class-action waiver + venue. This is a significant business decision — do not template it blindly.]

14. Changes

We may update these Terms; material changes will be notified via the Services or email, and continued use after the effective date means you accept them.

15. Contact

Point Seven Studio LLC — [address] — [legal@…].

Implementation notes (remove before publishing)

Publish as: /terms (host-aware, linked from each brand footer) after counsel review.
Open business decisions for the founder + counsel: age threshold (§1), refund/cancellation (§6), AI-output ownership vs. provider terms (§4), liability cap (§10), arbitration vs. courts (§13).
Keep in sync with the Privacy Policy and the voice-consent model.