Terms of Service

Effective Date: January 18, 2026

1. Acceptance of Terms

By downloading, installing, or using the OverBiscuits mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Gil Technologies LLC ("we," "us," or "OverBiscuits").

2. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting a notice in the App
• Sending an email to your registered address
• Updating the "Effective Date" above

Your continued use of the App after changes constitutes acceptance of the modified Terms.

3. Eligibility

You must be at least 13 years old to use OverBiscuits. If you are under 18, you must have permission from a parent or guardian to use the App.

By using the App, you represent and warrant that:

• You are at least 13 years old
• You have the authority to enter into these Terms
• Your use complies with all applicable laws

4. Account and Registration

4.1 Account Creation

• You must create an account using Apple Sign-In or email registration
• You are responsible for maintaining account security
• You must provide accurate and current information
• One account per person

4.2 Account Security

• You are responsible for all activity under your account
• Notify us immediately of any unauthorized access
• We are not liable for losses from unauthorized use

5. Subscriptions and Payments

5.1 Subscription Plans

OverBiscuits offers the following subscription plans:

• Monthly Subscription: Billed monthly
• Annual Subscription: Billed annually
• Free Trial: 7-day trial (if eligible)

5.2 Billing

• Subscriptions are billed through the Apple App Store
• Payment is charged to your Apple ID account at purchase confirmation
• Subscriptions automatically renew unless cancelled 24 hours before period end
• Manage subscriptions and turn off auto-renewal in App Store Account Settings

5.3 Free Trial

• First-time subscribers may be eligible for a 7-day free trial
• You will be charged when the trial ends unless you cancel
• Cancel anytime during trial period to avoid charges
• One free trial per user

5.4 Refunds

• All sales are final and non-refundable unless required by law
• Refund requests should be made through the Apple App Store
• We do not provide refunds for partial subscription periods
• Exceptional circumstances may be considered on a case-by-case basis

5.5 Price Changes

• We may change subscription prices at any time
• Price changes will be communicated 30 days in advance
• Existing subscribers continue at their current price until renewal

6. Content and Intellectual Property

6.1 Your Content

You own all content you create ("User Content"), including:

• Voice recordings
• Transcriptions
• Photos and images
• Written answers
• All stories and memories

6.2 License You Grant Us

By uploading User Content, you grant OverBiscuits a limited license to:

• Store your content on our servers (Firebase)
• Process your audio for transcription (via OpenAI)
• Generate follow-up questions based on your answers (via Anthropic)
• Sync your content across your devices
• Create PDF exports of your stories

This license is:

• Non-exclusive (you can use your content elsewhere)
• Revocable (ends when you delete content or account)
• Limited to providing the service
• Not for commercial use by us

6.3 Our Intellectual Property

The App, including all software, design, text, graphics, and trademarks, is owned by OverBiscuits and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer or decompile the App
• Remove copyright or proprietary notices
• Use our trademarks without permission

7. Acceptable Use

7.1 You Agree NOT To:

• Violate any laws or regulations
• Infringe on others' intellectual property
• Upload malicious code or viruses
• Attempt to gain unauthorized access to our systems
• Use the App for any illegal purpose
• Harass, threaten, or harm others
• Upload content that is defamatory, obscene, or offensive
• Impersonate others or misrepresent your identity
• Interfere with the App's operation
• Use automated tools to access the App
• Resell or redistribute the App or service

7.2 Content Guidelines

While your stories are personal and private, you agree not to upload content that:

• Is illegal or promotes illegal activity
• Infringes on intellectual property rights
• Contains malware or viruses
• Violates others' privacy or rights

8. Family Sharing

OverBiscuits allows Storytellers to share their stories with family members ("Listeners"). This section governs the family sharing features.

8.1 Storyteller Rights and Responsibilities

As a Storyteller, you:

• Control who can access your stories by inviting or removing Listeners
• Can revoke access to any Listener at any time
• Are responsible for the content you share with your family
• Should consider whether family members would be comfortable with shared content
• Can configure privacy settings for what Listeners can see

8.2 Listener Rights and Responsibilities

As a Listener, you:

• Can view stories shared by the Storyteller
• Can leave comments on stories (subject to Storyteller's settings)
• Can send story requests ("nudges") to the Storyteller
• Must not share, copy, or distribute stories without the Storyteller's permission
• Must respect the personal nature of the content
• Can leave a family at any time

8.3 Invitations

• Only invite people who you believe will respect the content
• Invitations contain limited preview information about the Storyteller
• Recipients can decline invitations
• Unused invitations expire after 30 days

8.4 Removal and Access

• Storytellers can remove Listeners at any time without notice
• Removed Listeners immediately lose access to all content
• If a Storyteller deletes their account, all Listeners lose access
• Comments left by removed Listeners may be retained or deleted

9. Content About Others

9.1 Third-Party Information

When sharing stories that include information about other people, you agree to:

• Be truthful and not defamatory
• Consider the privacy and dignity of others
• Obtain appropriate consent before sharing sensitive information
• Not share information that could harm, harass, or endanger others

9.2 Content About Minors

When your stories include information about children (including your own children, grandchildren, or other minors):

• Be thoughtful about what you share
• Consider how the content might affect them now and in the future
• Obtain parental consent if sharing detailed information about others' children
• Do not share content that could embarrass, harm, or identify minors inappropriately

9.3 Your Liability

You are solely responsible for:

• Any claims arising from content you create about others
• Ensuring you have the right to share stories involving other people
• Any privacy violations related to your content

OverBiscuits is not responsible for verifying the accuracy or appropriateness of your stories.

10. Privacy and Data

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the App, you also agree to our Privacy Policy.

Key Points:

• Your data is encrypted
• We don't sell your data
• You can delete your account and data anytime
• We use third-party services (OpenAI, Anthropic, Firebase)

11. Service Availability

11.1 No Guarantee of Availability

We strive to provide reliable service, but we do not guarantee that the App will be:

• Available 24/7 without interruption
• Free from errors or bugs
• Compatible with all devices
• Free from security vulnerabilities

11.2 Maintenance

We may perform maintenance, updates, or modifications that temporarily interrupt service. We will provide notice when possible.

11.3 Service Changes

We reserve the right to:

• Modify features or functionality
• Discontinue features with reasonable notice
• Update the App to fix bugs or improve performance

12. Third-Party Services

The App uses third-party services:

• OpenAI: Speech-to-text, text-to-speech
• Anthropic: AI-powered follow-up questions
• Firebase (Google): Cloud storage and authentication
• Apple App Store: Payment processing

These services have their own terms and privacy policies. We are not responsible for their actions or policies.

13. Data Backup and Loss

We are not liable for:

• Data loss due to technical failures
• Data loss due to your actions (accidental deletion)
• Data loss due to third-party service failures
• Inability to access data due to account issues

Recommendation: Regularly export your stories as PDFs to maintain offline backups.

14. Termination

14.1 By You

You may terminate your account at any time by:

• Using "Delete Account" in Settings
• Contacting support@overbiscuits.com

Upon termination:

• Your subscription will be cancelled (no refund for unused time)
• Your data will be deleted within 30 days
• You lose access to all content immediately

14.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the service
• Fail to pay subscription fees

We will provide notice when possible, but reserve the right to terminate immediately for serious violations.

15. Disclaimers

To the fullest extent permitted by law, we disclaim all warranties, including:

• Warranties of merchantability or fitness for a particular purpose
• That the App will meet your requirements
• That the App will be uninterrupted, secure, or error-free
• That AI-generated follow-ups will always be relevant or appropriate
• That transcriptions will be 100% accurate
• That your data will never be lost

16. Limitation of Liability

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Personal injury or property damage
• Emotional distress
• Third-party claims

Our total liability is limited to the amount you paid us in the 12 months before the claim, or $100 USD, whichever is less.

17. Indemnification

You agree to indemnify, defend, and hold harmless OverBiscuits and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the App
• Your User Content
• Your violation of these Terms
• Your violation of any laws or third-party rights

18. Dispute Resolution

18.1 Governing Law

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

18.2 Arbitration

Any dispute arising from these Terms or the App shall be resolved through binding arbitration, except:

• Small claims court (under $10,000)
• Intellectual property disputes
• Where prohibited by law

18.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

19. Miscellaneous

19.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and OverBiscuits.

19.2 Severability

If any provision is found invalid, the remaining provisions continue in effect.

19.3 No Waiver

Our failure to enforce any right does not waive that right.

19.4 Assignment

You may not assign these Terms. We may assign our rights and obligations without notice.

19.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, etc.).

20. Apple App Store Terms

If you downloaded the App from the Apple App Store, these additional terms apply:

• These Terms are between you and OverBiscuits, not Apple
• Apple has no obligation to provide support
• Apple is not responsible for the App or content
• You represent that you are not in a U.S. embargoed country
• Apple is a third-party beneficiary and may enforce these Terms

21. Export Control

The App may be subject to export control laws. You agree not to export or re-export the App in violation of such laws.

22. Government Use

If you are a U.S. government entity, the App is "Commercial Computer Software" subject to the Federal Acquisition Regulation.

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© 2026 Gil Technologies LLC. All rights reserved.
Last updated: January 18, 2026