Terms of Service
Welcome to Conch ("we," "us," "our," or the "Platform"). Conch is operated by Gadi Zimerman, an unregistered sole proprietorship.
Conch is an audio-first interactive adventure platform designed for families and kids. By accessing or using our website at https://conch.ing, our mobile applications, or any 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.
If you are a parent or guardian, please read these Terms carefully. By allowing your child to use Conch, you agree to these Terms on their behalf.
1. Eligibility and Age Requirements
1.1 General Age Requirement
You must be at least 13 years old to create an account independently. If you are under 13, you may only use Conch through a child account created with verifiable parental consent (see Section 1.2).
1.2 Child Accounts (Under 13)
Conch offers child accounts for users under the age of 13. These accounts:
- Require verifiable parental or guardian consent before creation.
- Use a system-generated username (no real names or email addresses collected from the child).
- Have limited data collection as described in our Privacy Policy.
- May have restricted access to certain features at our discretion.
Parents and guardians are responsible for supervising their child's use of the Service and are bound by these Terms on behalf of their child.
1.3 Age Verification
We use an age gate (birth year selection) to determine whether a user is under 13. By providing your birth year, you represent that the information is accurate. Misrepresenting your age is a violation of these Terms.
2. Description of Service
Conch is an AI-powered platform where users can:
- Play interactive audio adventures with AI-generated narration, dialogue, and ambient audio.
- Create adventures using our visual creator tools, including scenes, characters (beings), items (possessions), and story rules.
- Share adventures with the Conch community for others to play.
The Service is audio-first. Adventures are primarily experienced through voice narration and ambient sound, with optional static illustrations. There are no animated visuals or video.
3. User Accounts
3.1 Account Creation
To access most features, you must create an account using email/password or Google OAuth authentication. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain the security of your account credentials.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for all activities that occur under your account.
- Not share your account credentials with others.
3.2 Account Tiers
We may offer free and paid subscription tiers ("Adventurer," "Storyteller," or similar). Each tier may have different usage limits, features, and adventure creation quotas ("draft slots"). We reserve the right to modify tier offerings, pricing, and features with reasonable notice to subscribers.
3.3 Account Termination
We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. You may delete your account at any time through your account settings. Upon termination or deletion, your right to use the Service ceases immediately.
4. User-Generated Content (UGC)
4.1 Your Content
When you create adventures, characters, scenes, items, or other content on Conch ("User Content"), you retain ownership of your original creative contributions. However, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, and distribute your User Content on and through the Service for the purpose of operating and promoting the Platform.
4.2 Content Responsibility
You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary rights to all content you upload.
- Your content does not infringe any third party's intellectual property or other rights.
- Your content complies with our Community Guidelines and all applicable laws.
4.3 Content Moderation and Approval
Adventures submitted for publication go through a review and approval process. We reserve the right to reject, remove, or modify any User Content that violates these Terms, our Community Guidelines, or that we determine is inappropriate for our family-friendly audience, at our sole discretion. Rejection reasons may be provided but are not guaranteed.
4.4 Content Standards
Given that Conch is designed for families and children, all User Content must be appropriate for a general audience. See our Community Guidelines for specific content standards. Content that is violent, sexually explicit, hateful, or otherwise inappropriate for children is strictly prohibited.
5. AI-Generated Content
5.1 Nature of AI Content
Conch uses artificial intelligence to generate narrative text, dialogue, game responses, images, and audio (text-to-speech narration). AI-generated content is produced in real time based on the adventure structure you or other creators have designed, combined with player input.
5.2 AI Content Disclaimers
- No guarantee of accuracy or appropriateness. While we design our AI systems to produce family-friendly content, AI-generated output may occasionally be inaccurate, unexpected, repetitive, or contextually inappropriate. We continuously work to improve content quality but cannot guarantee perfection.
- Not professional advice. AI-generated content is entertainment only and should not be relied upon as factual, educational, medical, legal, or professional advice of any kind.
- Variability. Each playthrough may produce different AI responses. We do not guarantee consistency between sessions.
5.3 AI Service Providers
AI-generated content is produced using third-party AI services including but not limited to OpenAI, Google (Gemini), ElevenLabs, Groq, and fal.ai. Your gameplay input (text and voice) is processed by these providers to generate responses. See our Privacy Policy for details on data handling.
6. Voice and Audio Features
6.1 Speech-to-Text (Voice Input)
When you use voice input during gameplay, your audio is transmitted to third-party speech-to-text services (currently Groq) for transcription. By using voice input, you consent to this processing.
6.2 Audio Data Handling
- Voice recordings used for gameplay transcription are processed in real time and are not permanently stored for gameplay purposes.
- For quality assurance and debugging, we may temporarily store audio recordings in a secure, access-restricted storage bucket. These recordings are only accessible to platform administrators and are deleted periodically.
- Text-to-speech (TTS) narration audio generated during gameplay is delivered as temporary data and is not permanently stored in user-accessible storage.
6.3 Microphone Permissions
Voice input requires microphone permission from your browser or device. You may revoke this permission at any time through your device settings. The Service remains usable via text input without microphone access.
7. Subscriptions and Payments
7.1 Paid Features
Certain features may require a paid subscription. Payments are processed through Lemon Squeezy. By subscribing, you agree to the payment processor's terms of service in addition to these Terms.
7.2 Billing
Subscriptions are billed on a recurring basis (monthly or annually) at the rate disclosed at the time of purchase. You authorize us to charge your selected payment method for each billing period until you cancel.
7.3 Cancellation and Refunds
You may cancel your subscription at any time. Upon cancellation, you will retain access to paid features until the end of your current billing period. We offer a full refund within 14 days of your first subscription purchase, no questions asked. After the 14-day window, no refunds are issued for partial billing periods.
7.4 Price Changes
We may change subscription pricing with at least 30 days' advance notice. Continued use of paid features after a price change takes effect constitutes acceptance of the new price.
8. Intellectual Property
8.1 Platform Ownership
The Service, including its software, design, features, branding, and original content (excluding User Content), is owned by Gadi Zimerman and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our explicit written permission.
8.2 Feedback
If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without restriction or compensation to you.
9. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or to violate any applicable laws.
- Attempt to gain unauthorized access to the Service or related systems.
- Interfere with or disrupt the Service, servers, or networks.
- Use automated systems (bots, scrapers, scripts) without our written permission.
- Impersonate others or misrepresent your affiliation with any person or entity.
- Harass, abuse, threaten, or harm other users.
- Upload viruses, malware, or other malicious code.
- Collect other users' personal data without consent.
- Circumvent or manipulate the age gate or parental consent mechanisms.
- Attempt to exploit bugs or vulnerabilities rather than reporting them.
- Manipulate ratings, reviews, or play counts.
- Use the Service to generate content that violates our Community Guidelines.
10. Bug Reports and Feedback
When you submit a bug report, we may collect technical information including your browser details, the adventure you were playing, error messages, and a description of the issue. This data is used solely to diagnose and fix problems with the Service.
11. Third-Party Services
The Service integrates with third-party services including:
- Supabase (authentication and database hosting)
- OpenAI, Google Gemini, Groq (AI text generation and speech-to-text)
- ElevenLabs (text-to-speech voice generation)
- fal.ai (image generation)
- Vercel (hosting, analytics, speed insights)
- Sentry (error monitoring)
- PostHog (analytics, with cookie consent)
- LiveKit (real-time audio communication)
Your use of the Service is also subject to the terms and privacy policies of these third-party providers. We are not responsible for the practices of third-party services.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
- AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR CONSISTENT.
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.
- ANY DEFECTS WILL BE CORRECTED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gadi Zimerman AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
- YOUR USE OF OR INABILITY TO USE THE SERVICE.
- AI-GENERATED CONTENT THAT IS INACCURATE, INAPPROPRIATE, OR OFFENSIVE.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
- ACTIONS OF THIRD-PARTY SERVICE PROVIDERS.
- ANY OTHER MATTER RELATING TO THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
14. Indemnification
You agree to indemnify, defend, and hold harmless Gadi Zimerman, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your use of the Service.
- Your User Content.
- Your violation of these Terms.
- Your violation of any third-party rights.
15. Dispute Resolution
Any disputes arising from or related to these Terms or the Service shall be resolved in the competent courts of Israel. Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.
16. Changes to These Terms
We may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last Updated" date. For significant changes, we may also provide notice via email or an in-app notification. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law provisions.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Gadi Zimerman regarding the Service and supersede all prior agreements.
20. Contact Information
If you have questions about these Terms of Service, please contact us at:
- Email: info@conch.ing
- Website: https://conch.ing
By using Conch, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.