Terms of Service for sixtysecond

Last Updated: January 2025

1. Acceptance of Terms

By creating an account, accessing, or using the sixtysecond mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User") and sixtysecond ("Company," "we," "us," or "our").

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

• You are at least 13 years of age.
• You have not previously been suspended or removed from the Service.
• Your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. User Accounts and Security

To access certain features, you must register for an account. You are responsible for maintaining the confidentiality of your account credentials.

• Responsibility: You are fully responsible for all activities that occur under your account.
• Notification: You agree to notify us immediately of any unauthorized use of your account.
• No Liability: sixtysecond will not be liable for any loss or damage arising from your failure to comply with this section or from unauthorized access to your account.

4. User Content and AI Training License

4.1 Ownership

You retain ownership of the journal entries, text, photos, videos, and other content ("User Content") that you post or store on the Service.

4.2 License to sixtysecond

By submitting User Content to the Service, you grant sixtysecond a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content for the purpose of operating, developing, providing, and improving the Service.

4.3 AI Training and Improvement (Crucial)

You acknowledge and agree that sixtysecond may use your User Content, in anonymized or aggregated form, to train, tune, and improve our Artificial Intelligence (AI) models and algorithms. By using the Service, you explicitly grant us the right to process your data for machine learning and AI development purposes.

5. AI Services Disclaimer

The Service utilizes Artificial Intelligence to generate insights, summaries, and recommendations.

• No Professional Advice: AI outputs are for entertainment and self-reflection only. They do not constitute medical, psychological, legal, or financial advice.
• Accuracy: AI models may "hallucinate" or generate incorrect, biased, or nonsensical information. We do not warrant the accuracy of any AI-generated content.
• Reliance: You should not rely on the Service for critical decision-making or in emergency situations.

6. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose.
• Violate, or encourage the violation of, the legal rights of others.
• Attempt to bypass any security features or access controls of the Service.
• Reverse engineer or attempt to extract the source code of the software.
• Use the Service to transmit malware, viruses, or destructive code.

7. Intellectual Property

The Service interface, graphics, design, compilation, information, computer code, and all other elements of the Service (excluding User Content) are the property of sixtysecond and are protected by intellectual property laws.

8. Disclaimers (No Warranties)

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SIXTYSECOND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES.
• THE RESULTS OR INSIGHTS OBTAINED FROM THE AI WILL BE ACCURATE OR RELIABLE.
• YOUR DATA WILL NOT BE LOST OR CORRUPTED.

9. Limitation of Liability

READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIXTYSECOND, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
• DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
• DAMAGES RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT.
• DAMAGES RESULTING FROM ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING AI-GENERATED INSIGHTS).

TOTAL LIABILITY: IN NO EVENT SHALL SIXTYSECOND'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS, OR $100.00 USD, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless sixtysecond and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Service.
• Your violation of these Terms.
• Your User Content.
• Your violation of any third-party right, including intellectual property or privacy rights.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Insert Your State/Country], without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in [Insert Your Jurisdiction].

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes via email or in-app notification. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Us

If you have any questions about these Terms, please contact us at: sixtysecapp@gmail.com