These Terms govern FallSoft.Co websites, hosted services, software expressly provided under these Terms, and the submission and review of physical-product requests. An accepted purchase of physical goods is governed by the order confirmation and Product Terms presented for that order. A separate software license governs software identified as covered by that license.

By accessing or using an Offering governed by these Terms, you agree to these Terms and applicable Product Terms presented to you. Submitting a physical-product request permits FallSoft.Co to review the request under these Terms and our Privacy Policy. It is not a purchase or an accepted order. If you opt into SMS messaging or voice calling, you also agree to the communications disclosures described here.

"FallSoft.Co", "we", "us", and "our" refer to Fallible Software, Co. "Offerings" means our websites, hosted services, software, and physical goods. "Services" means websites, hosted services, and other digital products we operate. "Product Terms" means terms identified as applying to a particular Offering or accepted order. "Separately Licensed Software" means software identified as governed by a license supplied with that software. "You" and "your" refer to a person or entity accessing an Offering or submitting a transaction.

3.1. Some of our services may require account creation. You are responsible for maintaining the confidentiality of your account information and for all activities under your account. 3.2. We reserve the right to terminate accounts that violate these terms or remain inactive for extended periods. 3.3. You must provide accurate information during registration and keep this information updated. 3.4. If you provide a phone number, you represent that the number belongs to you or that you are authorized to consent to messages at that number.

4.1. Our services are provided "as is" and "as available." We do not guarantee that our services will be error-free, secure, or continuously available. 4.2. We make no warranties, express or implied, regarding the reliability or accuracy of our services or their fitness for a particular purpose. 4.3. Technological failures, errors, interruptions, filtering, delivery delays, call quality issues, and connection failures are inherent risks of digital services, including SMS and voice communications. 4.4. We may modify, suspend, or discontinue any part of our services without prior notice. 4.5. If you separately opt into SMS messaging, you agree to receive text messages from Fallible Software, Co. related to account verification, service updates, customer support, and AI assistant or conversational messages associated with your use of our services. 4.6. If you separately opt into voice calling, you agree to receive calls from Fallible Software, Co. related to account verification, service updates, customer support, and AI assistant or conversational interactions associated with your use of our services. 4.7. Message frequency varies. Message and data rates may apply to text messages. Calls may use your carrier minutes or other applicable charges. Consent to receive SMS messages or calls is not a condition of purchase. 4.8. You may opt out of text messages at any time by replying STOP. You may request help by replying HELP or by contacting us at one@fallsoft.co. You may opt out of non-essential calls by following the instructions provided during the consent flow or by contacting us directly. 4.9. Wireless carriers are not liable for delayed or undelivered messages or failed calls. 4.10. Where permitted by law and disclosed at the time of consent, calls and voice interactions may be monitored, recorded, or transcribed for service delivery, safety, quality assurance, training, and compliance purposes. 4.11. Submitting a request for physical goods allows FallSoft.Co to review that request. The request is not an accepted order. An automated acknowledgement confirms receipt. FallSoft.Co accepts an order through a separate acceptance notice or order confirmation. That confirmation and the terms presented for the transaction govern the accepted order. 4.12. Software supplied with physical goods remains governed by its applicable software license.

5.1. Our services may contain errors or experience interruptions. You acknowledge these operational risks when using our services. 5.2. We work to improve reliability and correct issues, but do not guarantee uninterrupted or error-free service. 5.3. You agree to use our services at your own risk and discretion, understanding their inherent limitations.

You agree not to: 6.1. Use our services for any illegal purpose or in violation of any local, state, national, or international law; 6.2. Interfere with or disrupt the integrity or performance of our services; 6.3. Attempt to gain unauthorized access to our services, systems, or networks; 6.4. Use our services to harm others or distribute malicious software; 6.5. Engage in data mining or scraping unless explicitly authorized; 6.6. Copy, modify, distribute, sell, or resell software or content outside the permissions granted by these Terms, an applicable license, or law.

7.1. FallSoft.Co and its licensors retain their intellectual-property rights except for rights granted through these Terms, Product Terms, or an applicable license. 7.2. Separately Licensed Software is governed by the license supplied with it. That license grants the rights stated in it for the covered software. 7.3. If these Terms and a separate software license address the same right in covered software, the separate software license controls. These Terms continue to govern hosted access, transactions, support, physical goods, and materials outside the software license. 7.4. Third-party software and content remain subject to their own licenses. 7.5. Product names, logos, and other marks remain subject to trademark law and any published brand rules.

8.1. By uploading or sharing content through our services, you grant us a non-exclusive, royalty-free license to use, modify, and display that content in connection with providing our services. 8.2. You represent that you own or have necessary permissions for any content you submit. 8.3. You retain ownership of your content. The license in 8.1 gives us the rights needed to provide the services.

9.1. OUR SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. 9.2. WE EXPLICITLY DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9.3. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 9.4. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FALLSOFT.CO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. 10.2. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE OFFERING THAT GAVE RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM. 10.3. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold harmless FallSoft.Co, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services or violation of these terms.

12.1. We may modify these Terms of Service at any time. Changes will be effective upon posting to our website. 12.2. Your continued use of our services after changes constitutes acceptance of the modified terms. 12.3. We will make reasonable efforts to notify users of significant changes, but it remains your responsibility to review our terms periodically.

These Terms of Service are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

14.1. Any dispute arising from these terms shall be resolved through good-faith negotiation. 14.2. If negotiation fails, disputes shall be resolved through arbitration conducted in Delaware under the rules of the American Arbitration Association. 14.3. You agree to resolve disputes individually. Class actions are excluded.

For questions about these Terms of Service or our messaging and calling program, please contact us at one@fallsoft.co or +1 302-244-7859.

16.1. We may terminate or suspend your access to our services immediately, without prior notice, for conduct that we believe violates these Terms of Service. 16.2. All provisions of the Terms which by their nature should survive termination shall survive termination.

These Terms and applicable Product Terms constitute the agreement between you and FallSoft.Co for the Offering they cover and supersede prior agreements about that Offering. A separate software license remains controlling for software it covers.

This Privacy Policy identifies the information Fallible Software, Co. ("FallSoft.Co") collects through its websites, hosted services, software, and physical-product requests. It explains how we use, share, retain, and protect that information.

1.1. We limit collection to data used for a stated product, operational, or legal purpose. 1.2. You have rights and choices concerning your personal data. 1.3. We do not sell or monetize personal information. 1.4. We explain what a product sends to us and why. 1.5. You may request access, correction, or deletion. Applicable law and necessary operational retention may limit a request.

2.1. Information You Provide Directly: • Account information, such as an email address, name, or username • Profile information you choose to add • Phone number, SMS opt-in records, voice-call consent records, and consent timestamps when you choose to receive text messages or calls • Payment information processed through third-party payment processors • Content you create, upload, or store using our services, including messages and information provided during voice interactions • A selected kit, name, email address, and notes submitted with a physical-product request • Communications you send to us 2.2. Information Collected When You Use a Product: • Device information, usage data, and performance data • Server log data, which may include IP address, request time, requested path, browser information, referrer, and response status • Messaging metadata, such as delivery status, timestamps, and reply keywords like STOP or HELP • Calling metadata, such as timestamps, duration, routing, connection status, and recordings or transcripts where disclosed and permitted by law • A physical-product request record, including the selected offer, request time, request identifier, and browser user agent • Precise coordinates, location accuracy, heading, speed, a pseudonymous nearby identifier, and motion measurements when you enable a nearby feature that uses them • Short-lived signaling data used to establish a direct nearby connection 2.3. Information Stored on Your Device: • A product may use browser storage for account functions, preferences, calibration, or a pseudonymous nearby identifier • Calibration and theme settings remain in the browser. The nearby identifier is sent when the nearby feature announces, exchanges connection signals, or leaves.

3.1. We use cookies and similar browser storage for account sessions, preferences, calibration, and product functions. 3.2. We do not use tracking or advertising cookies. 3.3. You can configure your browser to block or clear this storage, though doing so may limit functionality or reset saved settings.

We use your information to: 4.1. Provide and maintain our services. 4.2. Process transactions, review physical-product requests, and send related information. 4.3. Respond to your comments and questions. 4.4. Send service-related announcements, updates, verification messages, customer support messages, and AI assistant or conversational SMS messages or calls where you have consented. 4.5. Maintain consent records and honor opt-out, HELP, do-not-call, and compliance obligations for messaging and calling. 4.6. Match participating nearby users and relay short-lived connection signals when they enable that feature. 4.7. Identify and address technical issues and improve our services. 4.8. Protect against malicious, deceptive, or illegal activity. 4.9. Comply with legal obligations.

5.1. We do not sell, rent, or trade your personal information to third parties. 5.2. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. 5.3. Text messaging originator opt-in data, voice-calling consent data, and related consent records will not be shared with any third parties except vendors and service providers that support message delivery, call delivery, customer support, fraud prevention, compliance, transcription, recording, or platform operations, and only to the extent necessary to provide the service or comply with law. 5.4. When you enable a nearby feature, participating users may receive your approximate relative position, heading, speed, location accuracy, and motion state. Direct WebRTC connections may expose network-address information to the connected peer and infrastructure used to establish the connection. 5.5. We otherwise share information only in the following limited circumstances: • With service providers that help us operate a product and are bound by contractual obligations • When required by law, such as in response to valid legal process • To protect rights, privacy, safety, or property • During a corporate transaction with comparable privacy protections 5.6. We apply safeguards appropriate to the information and purpose.

6.1. We retain personal data for the period needed to provide a product, complete a transaction, resolve a request, maintain required records, or comply with law. 6.2. Nearby records stop participating in matching 15 seconds after the last announcement, and connection-signaling records are ignored after 20 seconds. Stale records are removed during later nearby activity or when the server process ends. 6.3. We retain physical-product request records while we review or fulfill the request and for any later support, accounting, fraud-prevention, or legal period that applies. 6.4. You may request deletion. We delete or anonymize information when its purpose and required retention period end.

7.1. We use technical and organizational safeguards appropriate to the data and product. 7.2. We use encrypted transport where supported and restrict access to stored personal data. 7.3. We review safeguards as products and risks change. 7.4. No security system eliminates every risk.

8.1. Our services are not directed at children under 13 (or the applicable age in your jurisdiction). 8.2. We do not knowingly collect personal information from children. 8.3. If we discover that we have inadvertently collected information from a child, we will promptly delete it.

9.1. Access: You can access the personal information we hold about you. 9.2. Correction: You can request correction of inaccurate data. 9.3. Deletion: You can request deletion of your personal information, and we will honor this request promptly, except for information we are legally required or operationally required to retain. 9.4. Restriction: You can request that we limit how we use your data. 9.5. Portability: You can request a copy of your data in a structured, machine-readable format. 9.6. Objection: You can object to our processing of your data in certain circumstances. 9.7. Consent Withdrawal: You can withdraw consent at any time for activities based on consent, including SMS or voice communications where consent is the basis for contact. You can opt out of SMS by replying STOP and may contact us directly to revoke or adjust call consent where applicable.

10.1. We may process your information in countries other than your own. 10.2. When we transfer data across borders, we implement appropriate safeguards to protect your information. 10.3. By using our services, you consent to the transfer of your information to countries that may have different data protection laws than your country.

11.1. We may update this Privacy Policy periodically to reflect changes in our practices or for legal, operational, or regulatory reasons. 11.2. We will notify you of significant changes through our services or via email. 11.3. We encourage you to review the Privacy Policy whenever you access our services.

If you have questions, concerns, or requests regarding your personal information, messaging consent, calling consent, or this Privacy Policy, please contact us at privacy@fallsoft.co or one@fallsoft.co.