Effective date: [EFFECTIVE DATE]·Version: tos-2026-06-01
Stesso, Inc. — Terms of Service
DRAFT — pending licensed-attorney ratification; not legal advice. Every word below is a best-effort engineering/founder draft assembled from the liability audit (files 02 lawyer memo, 12 red-team, 15 revisions, 16/19 clause drafts, and the 24 decision matrix). It has not been reviewed or approved by a licensed attorney and must not be deployed until counsel ratifies the wording. Enforceability is jurisdiction-dependent (esp. CA/NY/MA consumer-arbitration, exculpatory-clause, infancy-doctrine, and UCC §2-316 / §2-719(3) law). Bracketed
[…]items are facts counsel must confirm: [EFFECTIVE DATE], [STATE OF INCORPORATION], [CONTACT], [ARBITRATION BODY], and similar.
Effective Date: [EFFECTIVE DATE] Last Updated: [EFFECTIVE DATE] Version: [TOS VERSION — counsel/eng to set; recorded with each acceptance]
1. ACCEPTANCE OF TERMS; SCOPE
1.1 The agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you and Stesso, Inc. ("Stesso," "we," "us," or "our"), a corporation organized under the laws of [STATE OF INCORPORATION], governing your access to and use of the Service (defined in Section 3).
1.2 BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. Where the Service presents these Terms for affirmative acceptance (for example, a checkbox or "I agree" button at sign-in, registration, or before high-risk guidance), your acceptance is recorded as described in Section 9.
1.3 ALL SURFACES — these Terms apply everywhere the Service appears. These Terms apply to your use of the Service on, through, and across all of the following surfaces, without limitation:
(a) the Stesso website at stesso.com and any affiliated or successor domains;
(b) the Stesso core web application and any associated web properties;
(c) the Stesso AI chat and all AI-generated project, step, repair, and how-to guidance, including clarifying questions, recommendations, safety warnings, tool and material lists, difficulty ratings, time and cost estimates, video matches, and clips;
(d) embedded Stesso chat, search, and widgets that run on third-party merchant websites and storefronts (for example, Shopify storefronts and other merchant domains), even though those pages are hosted by, and may be branded by, a merchant rather than by Stesso (each, an "Embedded Surface" and each such merchant a "Merchant Host");
(e) Stesso brand-demonstration sites and demo applications (each a "Demo"), which are provided for demonstration only as described in Section 11;
(f) the Stesso public API and developer interfaces, available only to vetted, manually-approved partners under separate signed agreements (Section 11);
(g) the Stesso mobile application (including any React Native build for iOS, Android, and web);
(h) Stesso creator tools and any automated, AI-generated replies posted in a creator's voice (for example, automated YouTube comment replies), as described in Section 12; and
(i) Stesso content that is syndicated to, indexed by, or surfaced through third-party answer engines, search engines, AI assistants, and large-language-model crawlers ("Answer-Engine Surfaces"), to the extent your access originates from or relies on Stesso content.
1.4 Additional surface terms. A particular surface may carry additional terms — for example, an Embedded Surface is also subject to the Merchant Host's own terms, and the API is subject to a separate developer/partner agreement. Where additional terms apply to a surface, they supplement (and do not replace) these Terms; in the event of a direct conflict between these Terms and a separate signed Stesso agreement governing a specific surface, the signed agreement controls for that surface.
1.5 No reliance off-platform. Stesso does not control how Answer-Engine Surfaces re-serve, summarize, paraphrase, or attribute Stesso content, and Stesso's safety disclaimers and provenance may not travel into that re-served copy. You should not rely on Stesso content that reaches you through an Answer-Engine Surface without confirming it against the Service itself and the disclaimers in these Terms.
2. CHANGES TO TERMS
2.1 We may modify these Terms at any time. When we make material changes, we will: (a) update the "Last Updated" date and the Version; (b) notify you through the Service, by email, or by other reasonable means; and (c) provide any notice required by applicable law.
2.2 Your continued use of the Service after a modification takes effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service. We will record acceptance of each version as described in Section 9, and material changes to the arbitration agreement (Section 16) or class-action waiver (Section 17) will be presented for affirmative acceptance and will carry a renewed opportunity to opt out under Section 16.7 where required by law.
3. THE SERVICE; DEFINITIONS
3.1 What Stesso does. Stesso provides AI-powered technology that helps people learn how to do things, solve problems, and complete do-it-yourself ("DIY") projects. We analyze instructional content and use artificial intelligence, machine learning, computer vision, and natural-language processing to generate recommendations, instructions, step-by-step guidance, and matched video content for a wide range of how-to questions, including home improvement, automotive repair, cooking, crafts, technology, repairs, and installations. We also license our technology to business partners through APIs and embedded widgets.
3.2 Definitions. In these Terms:
(a) "Service" means, collectively, all of the surfaces listed in Section 1.3 and all features, functionality, software, APIs, widgets, applications, and content Stesso makes available through them.
(b) "Content" means all guidance, instructions, steps, recommendations, safety warnings, tool and material lists, difficulty ratings, time and cost estimates, video matches, clips, and other output the Service generates or makes available, whether produced by artificial intelligence or otherwise.
(c) "AI-Generated Content" means Content created in whole or in part by artificial intelligence.
(d) "User Content" means any text, image, description, prompt, or other material you submit to the Service.
(e) "Embedded Surface," "Merchant Host," "Demo," "Answer-Engine Surface," and "Creator" have the meanings given in Sections 1.3, 11, and 12.
(f) "Dispute" has the meaning given in Section 16.2.
4. ELIGIBILITY
4.1 General eligibility. You must be at least 13 years old to use the Service. If you are between 13 and the age of legal majority in your jurisdiction, you represent that you have your parent or legal guardian's permission to use the Service.
4.2 18+ FOR HIGH-RISK GUIDANCE; AGE AFFIRMATION. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO REQUEST, RECEIVE, OR RELY ON HIGH-RISK GUIDANCE (as defined in Section 6). Before the Service provides High-Risk Guidance, you will be asked to sign in and to affirmatively confirm, by checking a box or equivalent affirmation, that you are 18 years of age or older (the "Age Affirmation"). The Service records your Age Affirmation together with your acceptance of these Terms as described in Section 9.
4.3 By using the Service, you represent and warrant that: (a) you meet the applicable age requirements above, including the 18+ requirement for any High-Risk Guidance you request; (b) you have the authority to enter into these Terms; (c) you will comply with these Terms and all applicable laws; and (d) all information you provide, including your Age Affirmation, is accurate and current. If you are under 18, you may not request or use High-Risk Guidance, and you must not submit an Age Affirmation.
5. AI-GENERATED CONTENT AND CRITICAL SAFETY DISCLAIMERS
5.1 Nature of AI-Generated Content. THE GUIDANCE, INSTRUCTIONS, RECOMMENDATIONS, STEPS, SAFETY WARNINGS, DIFFICULTY RATINGS, TIME ESTIMATES, COST CALCULATIONS, TOOL LISTS, AND ALL OTHER CONTENT PROVIDED BY THE SERVICE IS GENERATED BY ARTIFICIAL INTELLIGENCE AND MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS, OR INAPPROPRIATE RECOMMENDATIONS.
5.2 CRITICAL SAFETY DISCLAIMER. AI-GENERATED SAFETY WARNINGS MAY BE INCOMPLETE, INSUFFICIENT, OR COMPLETELY INCORRECT. DO NOT RELY ON AI-GENERATED SAFETY WARNINGS AS YOUR SOLE SOURCE OF SAFETY INFORMATION. ALWAYS CONSULT PROFESSIONAL SAFETY GUIDELINES, MANUFACTURER INSTRUCTIONS, AND QUALIFIED EXPERTS.
5.3 Known limitations. Our AI models are trained on large datasets and may:
- Provide incorrect or incomplete instructions that could lead to injury or death;
- Suggest inappropriate methods or materials that create safety hazards;
- Misidentify problems or situations in ways that could cause harm;
- Offer guidance that is not suitable for your specific circumstances and could be dangerous;
- Generate safety warnings that are insufficient, inaccurate, or missing entirely;
- Fail to warn of significant risks or hazards, including risks of death or serious injury;
- Provide outdated or non-current information that no longer meets safety standards;
- Misinterpret uploaded images or descriptions, leading to dangerous recommendations; and
- Make errors in calculations, measurements, or specifications that could compromise safety.
5.4 No professional verification. CONTENT GENERATED BY THE SERVICE IS NOT REVIEWED, VERIFIED, OR APPROVED BY QUALIFIED PROFESSIONALS BEFORE BEING PROVIDED TO YOU. We do not employ licensed contractors, mechanics, electricians, plumbers, or other professionals to verify the accuracy, safety, or appropriateness of AI-generated Content before it reaches you.
5.5 AI-Generated Content may be wrong. You acknowledge that AI-Generated Content may be wrong, incomplete, outdated, or unsafe, and that the same prompt may produce different output at different times. The Service is a research and ideation aid, not an authoritative or final source of truth for any safety-critical decision.
5.6 Content reaching you off-platform. Where Content reaches you through an Answer-Engine Surface (Section 1.5), the critical safety disclaimers in this Section 5 still apply, even if that surface omits them. Treat any Stesso-derived answer encountered off-platform as AI-Generated Content subject to this Section.
6. ASSUMPTION OF RISK; HIGH-RISK CATEGORIES; REFUSALS
6.1 YOUR ASSUMPTION OF RISK. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:
- You Assume All Risk. You assume all risks associated with following any guidance, instructions, or recommendations provided by the Service.
- Independent Verification Required. You are solely responsible for independently verifying any information, instructions, or recommendations before acting on them.
- Professional Consultation. For any project involving significant risk of injury, property damage, or legal/regulatory requirements (including but not limited to electrical work, plumbing, structural modifications, automotive safety systems, or work requiring permits), you must consult qualified, licensed professionals rather than relying solely on the Service.
- Situational Assessment. You are responsible for assessing whether a project or approach is appropriate for your specific situation, skill level, available tools, local building codes, safety regulations, and circumstances.
- Safety Precautions. You must take appropriate safety precautions, use proper safety equipment, follow manufacturer instructions, and comply with all applicable laws and regulations.
- Allocation of Responsibility. Subject to the carve-outs in Sections 13.4 and 14.4 (which preserve liability that cannot lawfully be limited, including for death or bodily injury and for Stesso's own gross negligence, recklessness, willful misconduct, or fraud), Stesso is not responsible or liable for injuries, damages, losses, or other consequences arising from your use of AI-Generated Content or your decision to undertake any project or task.
6.2 HIGH-RISK CATEGORIES. "High-Risk Guidance" means Content concerning activities that carry a significant risk of death, serious bodily injury, fire, explosion, poisoning, or major property damage, including but not limited to:
- Electrical Work: Risk of electrocution, death, fire, or code violations;
- Plumbing: Risk of water damage, mold, or code violations;
- Structural Work: Risk of collapse, serious injury, death, or code violations;
- Automotive Repair: Risk of serious injury, death, vehicle malfunction, brake failure, steering failure, or safety-system failure that could cause accidents;
- Appliance Repair: Risk of fire, electrocution, gas leaks, or explosions;
- Roofing / Heights: Risk of fatal falls or serious injury;
- Chemical Handling: Risk of burns, poisoning, or environmental damage;
- Power Tools: Risk of amputation, lacerations, or death;
- Gas Systems: Risk of explosion, fire, carbon-monoxide poisoning, or death;
- HVAC Systems: Risk of fire, carbon monoxide, refrigerant exposure, or system damage;
- Brake Systems: Risk of brake failure leading to accidents, injury, or death;
- Steering Systems: Risk of loss of vehicle control, accidents, injury, or death;
- Airbag Systems: Risk of improper deployment, failure to deploy, or accidental deployment causing injury; and
- Fuel Systems: Risk of fire, explosion, or fuel leaks.
FOR THESE AND ALL OTHER ACTIVITIES, YOU BEAR SOLE RESPONSIBILITY FOR YOUR SAFETY AND OUTCOMES, SUBJECT ONLY TO THE NON-WAIVABLE LIABILITY PRESERVED IN SECTIONS 13.4 AND 14.4.
6.3 REFUSAL OF THE MOST LETHAL REQUESTS. The Service is designed to refuse to generate guidance for certain categories of requests where the foreseeable purpose or result is death or grievous harm — including, without limitation, the manufacture of weapons, explosives, or incendiary devices; the synthesis of poisons, toxins, or illicit drugs; the defeat of life-safety systems; and other requests whose primary foreseeable use is to kill or grievously harm a person. Stesso may refuse, block, or decline any request in its discretion. A refusal is not an endorsement of, or a safety judgment about, any request the Service does not refuse, and the absence of a refusal does not mean a task is safe.
6.4 FOOD-SAFETY AND ALLERGEN DETERMINATIONS REFUSED. THE SERVICE DOES NOT MAKE FOOD-SAFETY OR ALLERGEN DETERMINATIONS. The Service will decline to answer questions such as "is this safe to eat," "is this spoiled," "is this allergen-free," or "is this safe for my allergy," and will instead direct you to authoritative sources (for example, the U.S. FDA/USDA, a physician, an allergist, or a qualified food-safety professional). The Service may provide ordinary recipes and cooking technique, but you must independently verify the safety and allergen status of any food, ingredient, or preparation. Do not rely on the Service for any decision affecting a food allergy, intolerance, or food-borne-illness risk.
7. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE
The Service is not a substitute for professional advice, diagnosis, repair, or services from qualified, licensed professionals. Stesso does not provide professional services of any kind, and no Content constitutes legal, medical, engineering, electrical, structural, financial, or other professional advice. If your project, repair, or task requires professional expertise, licensing, permitting, or inspection, you must engage a qualified, licensed professional. Reliance on the Service is at your own risk.
8. ACCEPTABLE USE
8.1 You agree not to, and not to attempt to:
(a) use the Service for any unlawful, harmful, fraudulent, or infringing purpose;
(b) submit requests intended to produce guidance whose foreseeable purpose is to kill or grievously harm a person, or otherwise circumvent the refusals in Section 6.3 or 6.4;
(c) misrepresent your age or eligibility, including by submitting a false Age Affirmation;
(d) reverse engineer, scrape (except as expressly permitted), overload, or interfere with the Service or its security;
(e) remove, obscure, alter, or strip any Stesso notice, attribution, disclaimer, or AI-disclosure, including the non-strippable notice on an Embedded Surface (Section 11) or the automation disclosure on a creator reply (Section 12);
(f) hold the Service or its Content out as professionally verified, vetted, or endorsed when it is not; or
(g) use the Service to build or train a competing model or dataset except as permitted by a separate written agreement.
8.2 We may suspend, restrict, or terminate access for any violation of this Section or these Terms, with or without notice, to the extent permitted by law.
9. ACCOUNTS; RECORDED ACCEPTANCE
9.1 Accounts. Some features — including High-Risk Guidance — require you to sign in. Authentication may be provided through single sign-on (for example, Google or Apple), an email-verified credential, or, on an Embedded Surface, the Merchant Host's own authenticated identity (for example, a Shopify customer account). You are responsible for maintaining the confidentiality of your credentials and for activity under your account, and you agree to provide accurate account information.
9.2 RECORDED ACCEPTANCE (CLICKWRAP). When you accept these Terms — and, for High-Risk Guidance, when you make the Age Affirmation — your acceptance is captured by an affirmative action (for example, checking a box or clicking "I agree") and is recorded server-side, together with the Terms version, a content hash of the accepted Terms, and a timestamp. This record is evidence of the version of these Terms you accepted and of your Age Affirmation. You agree that this electronic record is admissible and constitutes your binding assent to the recorded version.
9.3 Anonymous use. Some low-risk features may be available without an account. Where you use the Service anonymously, your acceptance, where captured, is associated with an anonymous identifier (for example, a PostHog distinct_id) rather than an account. High-Risk Guidance is not available anonymously — it requires sign-in and the Age Affirmation under Section 4.2.
10. INTELLECTUAL PROPERTY; USER CONTENT
10.1 Stesso IP. The Service, including its software, design, text, graphics, models, and all Content other than your User Content, is owned by Stesso or its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.
10.2 Your User Content. You retain ownership of your User Content. You grant Stesso a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and use your User Content to operate, provide, secure, and improve the Service (including generating Content responsive to your requests). You represent that you have the rights necessary to grant this license and that your User Content does not violate law or the rights of others.
10.3 AI output. Subject to these Terms and to the rights of third parties, and to the extent Content is eligible for protection and Stesso holds such rights, Stesso grants you a license to use AI-Generated Content produced for you for your own non-commercial DIY purposes. AI-Generated Content is provided subject to the disclaimers in Sections 5, 13, and 14, and may resemble output provided to others.
10.4 Feedback. If you give Stesso feedback or suggestions, you grant Stesso a perpetual, irrevocable, royalty-free license to use it without obligation to you.
10.5 Copyright / DMCA. To report claimed copyright infringement, contact [CONTACT — copyright@stesso.com]. We respond to valid notices as required by applicable law.
11. THIRD-PARTY AND EMBEDDED USE; DEMOS; API; MERCHANT RELATIONSHIPS
11.1 Embedded Surfaces (merchant domains). The Service may appear as embedded chat, search, or widgets on third-party merchant websites and storefronts (for example, Shopify storefronts). When you use an Embedded Surface: (a) these Terms govern your use of the Stesso functionality, in addition to the Merchant Host's own terms and privacy policy; (b) Stesso displays a notice that the experience is powered by Stesso and is AI-generated, and that notice may not be removed, obscured, or stripped; and (c) where High-Risk Guidance is offered through an Embedded Surface, it is gated behind sign-in and the Age Affirmation, which may be satisfied seamlessly through the Merchant Host's own authenticated identity where available.
11.2 Merchant relationships. A Merchant Host is an independent third party. Stesso does not control a Merchant Host's website, products, fulfillment, pricing, or conduct, and a Merchant Host is not authorized to hold Stesso Content out as its own professionally-vetted advice. Your purchase of, or transaction in, any product or service from a Merchant Host is solely between you and that Merchant Host. The commercial relationship between Stesso and a Merchant Host (including any allocation of responsibility and indemnity between them) is governed by a separate merchant-integration agreement and not by these consumer Terms.
11.3 Demos. Brand-demonstration sites and demo applications are provided for DEMONSTRATION ONLY. They may be access-restricted and are not intended for production use or reliance. Brand names appearing on a Demo are used for demonstration and do not imply sponsorship, endorsement, or affiliation unless expressly stated.
11.4 Public API. The Stesso public API is available only to vetted, manually-approved partners under a separate signed developer/partner agreement that requires, at minimum, AI-acknowledgment, pass-through of Stesso's end-user disclaimers, a provenance/disclaimer field, and indemnification. Self-serve or unapproved programmatic access is not authorized. If you access Stesso Content through an approved partner's integration, these Terms' AI and safety disclaimers (Sections 5–7) apply to you.
11.5 Third-party content and links. The Service may reference or link to third-party content, products, videos, or sites that Stesso does not control and does not endorse, and for which Stesso is not responsible.
12. CREATOR CONTENT AND AUTOMATED (AI) REPLIES; DISCLOSURE
12.1 Creator tools. Stesso offers tools that let content creators ("Creators") manage channels and engage audiences, including features that generate replies in the Creator's voice using AI (for example, automated replies to comments on a Creator's videos).
12.2 AUTOMATION AND AI DISCLOSURE. AUTOMATED REPLIES GENERATED BY STESSO ON A CREATOR'S BEHALF ARE DISCLOSED AS AI-ASSISTED / AUTOMATED, CONSPICUOUSLY AND AT THE START OF THE REPLY. This disclosure is on by default, is locked (it cannot be disabled by a Creator or channel administrator), and is designed so that a reply will not post without it. Where a reply references a product or includes a store link, that reference is disclosed as the Creator's own factual reference, and any material connection is disclosed, consistent with applicable advertising/endorsement law (for example, 16 C.F.R. Part 255).
12.3 Scope of automated replies. Automated, non-human-reviewed replies are limited to informational, non-endorsing content. Replies that constitute endorsements, recommendations, superlatives, experiential claims, high-hazard guidance, or commerce calls-to-action are routed to human review before posting (or are not auto-posted). AI-Generated replies remain subject to the AI and safety disclaimers in Sections 5–7.
12.4 Creator responsibility. Creators are responsible for their channels and for compliance with the terms of any third-party platform (for example, YouTube) on which replies are posted, including that platform's automation and API policies. Stesso does not control, and is not responsible for, a third-party platform's display, placement, or moderation of a reply.
13. DISCLAIMER OF WARRANTIES
13.1 "AS IS" AND "AS AVAILABLE." THE SERVICE, AND ALL CONTENT IT GENERATES OR MAKES AVAILABLE — INCLUDING WITHOUT LIMITATION ALL AI-GENERATED GUIDANCE, INSTRUCTIONS, STEPS, RECOMMENDATIONS, SAFETY WARNINGS, TOOL AND MATERIAL LISTS, DIFFICULTY RATINGS, TIME AND COST ESTIMATES, VIDEO MATCHES, AND CLIPS (COLLECTIVELY, THE "CONTENT") — ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
13.2 DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 13.4, STESSO AND ITS SUPPLIERS, LICENSORS, AND MERCHANT HOSTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR SUITABLE FOR ANY PARTICULAR TASK, PROJECT, REPAIR, OR PURPOSE. STESSO DOES NOT WARRANT THAT ANY GUIDANCE OR SAFETY WARNING IS CORRECT, ADEQUATE, OR COMPLETE, AND YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY BE WRONG, INCOMPLETE, OUTDATED, OR UNSAFE.
13.3 No professional advice; no verification. The Content is not professional advice and is not reviewed, verified, or approved by a licensed professional before it reaches you. No advice or information, whether oral or written, obtained from Stesso or through the Service creates any warranty not expressly stated in these Terms.
13.4 EXPRESS CARVE-OUT — PERSONAL INJURY AND NON-WAIVABLE PROTECTIONS. NOTHING IN THIS SECTION 13 (AND NOTHING ELSEWHERE IN THESE TERMS) DISCLAIMS, LIMITS, OR EXCLUDES ANY LIABILITY OR REMEDY THAT CANNOT LAWFULLY BE DISCLAIMED, LIMITED, OR EXCLUDED, INCLUDING WITHOUT LIMITATION LIABILITY FOR DEATH OR PERSONAL/BODILY INJURY, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT, FRAUD OR FRAUDULENT MISREPRESENTATION, AND ANY NON-WAIVABLE IMPLIED WARRANTY OR CONSUMER-PROTECTION RIGHT UNDER THE MAGNUSON-MOSS WARRANTY ACT OR APPLICABLE STATE LAW. THIS SECTION 13 DOES NOT PURPORT TO DISCLAIM WARRANTIES OR LIABILITY RELATING TO THE SAFETY OF ANY PERSON. Where any portion of this Section is held unenforceable, it is limited or severed only to the minimum extent necessary, and the remainder continues in force.
13.5 Jurisdictional savings. Some jurisdictions do not allow the exclusion of certain warranties or of implied-warranty durations. In those jurisdictions, the exclusions in Section 13.2 apply only to the extent permitted, and any implied warranty that cannot be excluded is limited in duration to the minimum period allowed by that jurisdiction's law. You may have other rights that vary by jurisdiction.
14. LIMITATION OF LIABILITY
14.1 EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 14.4, IN NO EVENT WILL STESSO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR MERCHANT HOSTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT STESSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 CAP ON TOTAL LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 14.4, THE TOTAL AGGREGATE LIABILITY OF STESSO AND THE PARTIES LISTED IN SECTION 14.1, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU PAID TO STESSO FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US $100) [cap floor — counsel to confirm].
14.3 Allocation of risk. You acknowledge that the disclaimers and limitations in Sections 13 and 14 reflect a reasonable allocation of risk and are an essential basis of the bargain between you and Stesso, that Stesso would not provide the Service on an economically reasonable basis without them, and that they will apply even if a limited remedy is found to have failed of its essential purpose.
14.4 EXPRESS CARVE-OUT — BODILY INJURY, GROSS NEGLIGENCE, AND NON-WAIVABLE LIABILITY. THE EXCLUSIONS AND THE CAP IN SECTIONS 14.1–14.3 DO NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS OR EXCLUDES, ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING WITHOUT LIMITATION LIABILITY FOR: (a) DEATH OR PERSONAL/BODILY INJURY; (b) STESSO'S OWN GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT; (c) FRAUD OR FRAUDULENT MISREPRESENTATION; AND (d) ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED OR EXCLUDED. FOR ALL SUCH MATTERS, STESSO'S LIABILITY IS DETERMINED BY APPLICABLE LAW WITHOUT REGARD TO THE EXCLUSIONS OR CAP IN THIS SECTION 14.
14.5 Severability within this Section. If any portion of this Section 14 is held unenforceable, that portion is limited or severed to the minimum extent necessary, and the remaining limitations continue to apply to the maximum extent permitted by law. In particular, a holding that the cap or exclusion is unenforceable as to a carved-out matter under Section 14.4 does not affect the enforceability of the cap or exclusion as to any other matter.
15. INDEMNIFICATION
15.1 Your indemnity. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Stesso, Inc. and its officers, directors, employees, agents, affiliates, suppliers, licensors, and merchant hosts (collectively, the "Stesso Parties") from and against any and all third-party claims, demands, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) (collectively, "Claims") arising out of or relating to:
(a) your access to or use of the Service or the Content;
(b) any project, repair, installation, task, or other physical activity you undertake, in whole or in part, in reliance on or with reference to the Content, including any resulting injury to, or property damage suffered by, any third party (for example, a household member, guest, neighbor, or subsequent owner or occupant);
(c) your breach or alleged breach of these Terms or your violation of any law or the rights of a third party; and
(d) any content, image, or information you submit to the Service.
15.2 Carve-out for the Stesso Parties' own conduct. Your indemnity in Section 15.1 does not extend to any Claim to the extent it arises from the gross negligence, recklessness, willful misconduct, or fraud of a Stesso Party, or to any liability that applicable law prohibits a consumer from indemnifying. This indemnity does not require you to indemnify a Stesso Party for that Stesso Party's own such conduct.
15.3 Procedure. Stesso will provide you with reasonable notice of any Claim for which it seeks indemnification. Stesso may, at its option, control the defense and settlement of any such Claim with counsel of its choice, and you will reasonably cooperate. You may not settle any Claim in a manner that imposes any obligation or admission on a Stesso Party without Stesso's prior written consent.
15.4 Consumer-law limitation. This Section 15 applies only to the extent permitted by the law governing your relationship with Stesso. Where applicable consumer-protection law limits or prohibits a consumer indemnity, this Section is limited accordingly and does not enlarge any obligation beyond what that law allows.
16. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT REQUIRES YOU AND STESSO TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED BELOW.
16.1 Informal resolution first. Before commencing arbitration, you and Stesso agree to try in good faith to resolve any dispute informally for at least sixty (60) days after written notice of the dispute is sent (to Stesso at [CONTACT — legal@stesso.com]; to you at the email associated with your account or the most recent address you provided). The notice must describe the dispute and the relief sought. This step is a precondition to arbitration, and any limitations period is tolled while it runs.
16.2 Agreement to arbitrate. Except as provided in Sections 16.3 (Exclusions), 16.7 (Opt-Out), and Section 17 (Class-Action Waiver, including its narrowed fallback), you and Stesso agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the Content (a "Dispute") will be resolved by binding individual arbitration administered by [ARBITRATION BODY — e.g., JAMS or AAA; counsel to select] under its [Consumer Arbitration Rules / Consumer Minimum Standards] then in effect, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
16.3 Exclusions. This Section does not require arbitration of: (a) a claim that qualifies for small-claims court and is brought in that court on an individual basis; (b) a claim to enforce or protect, or concerning the validity of, intellectual-property rights; or (c) any matter that applicable law makes non-arbitrable. Seeking interim or provisional relief in aid of arbitration from a court does not waive this Section.
16.4 DELEGATION. THE ARBITRATOR — NOT ANY COURT OR AGENCY — HAS THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE ABOUT THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR PART OF IT IS VOID OR VOIDABLE. This delegation is severable: EXCEPT that the enforceability of the Class-Action Waiver in Section 17 is decided by a court, not the arbitrator, as provided in Section 17.
16.5 Procedure; venue; arbitrator authority. The arbitration will be conducted by a single neutral arbitrator. Unless you and Stesso agree otherwise, the seat of arbitration is [SEAT — counsel to set], and any in-person hearing will be held in the U.S. county (or equivalent) where you reside, or by telephone or video at your election where the rules permit. The arbitrator may award any individual relief a court could award under applicable law, including statutory and public-injunctive relief to the extent required by law, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
16.6 Fees. Stesso will pay arbitration filing, administration, and arbitrator fees to the extent required by the administering body's consumer rules or by applicable law, and in any event will pay such fees where they would otherwise be more than you would pay to file in court for the same claim. Each party otherwise bears its own attorneys' fees and costs, except where a statute or the arbitrator's award provides otherwise. This Section is intended to satisfy applicable consumer-arbitration fairness standards; any cost-allocation term that would render this Section unenforceable is severed to the extent necessary to preserve a fair, enforceable arbitration.
16.7 YOUR RIGHT TO OPT OUT (30 DAYS). YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT (SECTION 16) AND THE CLASS-ACTION WAIVER (SECTION 17) BY SENDING WRITTEN NOTICE TO [CONTACT — arbitration-optout@stesso.com] WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPT THESE TERMS. Your notice must include your name, the email or account associated with your use of the Service, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms or your ability to use the Service. If you opt out, the parts of Sections 16 and 17 that require arbitration do not apply to you, and disputes proceed in court as set out in Section 18 (Governing Law and Forum); the Class-Action Waiver in Section 17 nonetheless continues to apply in court to the extent enforceable.
16.8 Survival. This Section survives termination of these Terms and of your relationship with Stesso.
17. CLASS-ACTION WAIVER; NARROWED SEVERABILITY
17.1 WAIVER. YOU AND STESSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Stesso agree otherwise in writing, the arbitrator (or, where a court has jurisdiction under this Section, the court) may not consolidate more than one person's claims and may not preside over any form of a class, collective, consolidated, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
17.2 DELEGATION EXCEPTION (decided by a court). Notwithstanding the delegation in Section 16.4, the enforceability of this Class-Action Waiver is for a court of competent jurisdiction to decide, applying the law of the jurisdiction whose law governs the claim. The arbitrator does not decide whether this Section 17 is enforceable.
17.3 NARROWED, PER-JURISDICTION FALLBACK (this replaces any general "blow-up" clause). The parties intend that a determination about this Class-Action Waiver have the narrowest possible effect. Accordingly:
(a) If a court of competent jurisdiction holds that this Class-Action Waiver (Section 17.1) is unenforceable as to a particular claim or set of claims under the law of a particular jurisdiction, then, only as to those claims and only in that jurisdiction, the requirement to arbitrate those claims (Section 16) does not apply, and those claims will proceed in a court of competent jurisdiction in that jurisdiction. In that event, the Class-Action Waiver itself is given effect to the maximum extent the law of that jurisdiction permits.
(b) Such a holding does NOT void, suspend, or otherwise affect (i) the agreement to arbitrate (Section 16) as to any other claim; (ii) the agreement to arbitrate as applied in any other jurisdiction; or (iii) any other provision of these Terms. The arbitration agreement and the Class-Action Waiver remain in full force in every other respect and in every other jurisdiction.
(c) For clarity, the parties reject any construction under which the unenforceability of the Class-Action Waiver in one jurisdiction, or as to one set of claims, would render the entire arbitration agreement void. This Section 17.3 is the parties' agreed allocation and supersedes any contrary "non-severability" or "blow-up" reading.
17.4 Severability generally. If any portion of this Section 17 is otherwise held unenforceable, it is severed or limited to the minimum extent necessary, and the remainder of this Section and of these Terms continues in full force.
18. GOVERNING LAW; FORUM SELECTION
18.1 Governing law. These Terms, and any Dispute (as defined in Section 16) arising out of or relating to these Terms, the Service, or the Content, are governed by and construed in accordance with the laws of the State of Delaware [STATE OF INCORPORATION — counsel to confirm; alternative: the State of [home state], Stesso's principal place of business], without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in Section 16, as Section 16.2 provides.
18.2 CONSUMER-PROTECTION NON-WAIVER (this controls over Section 18.1). NOTHING IN SECTION 18.1 DEPRIVES YOU OF, OR REQUIRES YOU TO WAIVE, THE PROTECTION OF ANY MANDATORY CONSUMER-PROTECTION LAW, NON-WAIVABLE STATUTORY RIGHT, OR REMEDY THAT THE LAW OF THE STATE OR COUNTRY WHERE YOU RESIDE GUARANTEES YOU AND THAT CANNOT LAWFULLY BE WAIVED BY AGREEMENT. If and to the extent the law of your home jurisdiction provides you a consumer-protection right, warranty, or remedy that is more protective than, or that may not be displaced by, the law chosen in Section 18.1, that law applies to you to the extent it cannot be waived, and Section 18.1 is read down accordingly. For the avoidance of doubt, the choice of law in Section 18.1 does not enlarge, and does not purport to limit below the floor your home-jurisdiction law guarantees, any liability described in the carve-outs of Sections 13.4 and 14.4 (death or bodily injury; gross negligence, recklessness, or willful misconduct; fraud; and other non-waivable matters).
18.3 Forum for claims that proceed in court. Subject to Sections 16 (Arbitration), 17 (Class-Action Waiver), and 18.2, and only for those Disputes that are not subject to arbitration — namely (a) claims brought by you or Stesso in small-claims court on an individual basis under Section 16.3(a); (b) claims concerning intellectual-property rights under Section 16.3(b); (c) any matter that applicable law makes non-arbitrable under Section 16.3(c); (d) an action for public injunctive relief to the extent Section 16.5 and applicable law preserve it; (e) an application for interim or provisional relief in aid of arbitration; and (f) any Dispute brought by a user who has validly opted out of arbitration under Section 16.7 — the parties agree as follows.
(a) Default forum. Such Disputes will be brought exclusively in the state or federal courts located in [New Castle County, Delaware / the county of Stesso's principal place of business — counsel to set], and you and Stesso consent to the personal jurisdiction of, and venue in, those courts and waive any objection of inconvenient forum as between commercially sophisticated parties — except as Section 18.3(b) provides for consumers.
(b) CONSUMER FORUM CARVE-OUT (this controls over Section 18.3(a) for consumers). IF YOU ARE A CONSUMER, NOTHING IN SECTION 18.3(a) REQUIRES YOU TO LITIGATE, OR BARS YOU FROM LITIGATING, IN A FORUM THAT THE LAW OF YOUR HOME JURISDICTION GUARANTEES YOU, AND NOTHING HERE DEPRIVES YOU OF THE RIGHT TO BRING OR DEFEND A CLAIM WHERE YOU RESIDE WHERE THAT RIGHT CANNOT LAWFULLY BE WAIVED. A small-claims action under Section 16.3(a) may be brought in the small-claims court of the county where you reside or where it is otherwise proper. Where the exclusive-venue designation in Section 18.3(a) would be unenforceable, unreasonable, or unconscionable as applied to you as a consumer — including because it would require you to litigate far from your home in a manner the law of your jurisdiction does not permit — that designation does not apply to you, and the Dispute may proceed in any court of competent jurisdiction that the law allows, without affecting the validity of the remainder of these Terms.
(c) No expansion of court jurisdiction. This Section 18.3 selects a forum only for Disputes that are properly in court under Sections 16–17. It does not authorize any party to bring in court a Dispute that Section 16 requires to be arbitrated, and it does not waive, narrow, or affect the agreement to arbitrate, the delegation in Section 16.4, or the Class-Action Waiver in Section 17.
18.4 Limitations period. To the fullest extent permitted by applicable law, and except where the law of your home jurisdiction provides a non-waivable longer period, any Dispute must be commenced within one (1) year [counsel to confirm; some jurisdictions void contractual shortening for consumers] after the cause of action accrues, or it is permanently barred. This Section does not apply to any claim that applicable law prohibits from being contractually shortened, including, where applicable, claims for death or bodily injury (consistent with Sections 13.4 and 14.4).
19. NOTICES
19.1 Notices to Stesso. Except where these Terms specify a different address for a particular purpose, you must send legal notices to Stesso at [CONTACT — legal@stesso.com] [and/or registered-agent mailing address — counsel to set]. For the informal-dispute notice required by Section 16.1, use [CONTACT — legal@stesso.com]. To opt out of arbitration under Section 16.7, you must use [CONTACT — arbitration-optout@stesso.com] as that Section requires; an opt-out sent only to the general address may not be effective.
19.2 Notices to you. You consent to receive notices from Stesso electronically, including by email to the address associated with your account or the most recent address you provided, by posting within the Service, or by other reasonable electronic means. Electronic notices are deemed given when sent (for email) or posted (for in-Service notices). You are responsible for keeping your contact information current. Where applicable law requires a non-electronic method for a particular notice, that law controls.
19.3 Effectiveness. A notice is effective on receipt for notices to Stesso, and as provided in Section 19.2 for notices to you, except where applicable law or another provision of these Terms (e.g., the Section 16.1 tolling rule) provides otherwise.
20. SEVERABILITY; ENTIRE AGREEMENT; NO WAIVER; ASSIGNMENT; SURVIVAL
20.1 Severability (whole Agreement). If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be limited or severed to the minimum extent necessary so that these Terms otherwise remain in full force and effect, and the invalidity of one provision does not affect any other provision. This general severability rule is subject to, and does not override, the more specific severability and fallback rules in Sections 13.5, 14.5, 16.6, and 17.3–17.4 (including the narrowed, per-jurisdiction class-waiver fallback, which controls over this Section as to the matters it addresses). For the avoidance of doubt, the parties reject any reading under which the unenforceability of one provision voids the agreement to arbitrate or the entire Agreement, except where Section 17.3 expressly provides a narrowed, per-jurisdiction effect.
20.2 Entire agreement. These Terms (together with the Privacy Policy and any additional terms expressly incorporated by reference, including any merchant-integration or embed terms that apply to a particular surface, and any separate API/partner agreement) constitute the entire agreement between you and Stesso regarding the Service and supersede all prior or contemporaneous understandings on that subject. Any conflicting or additional terms you propose are rejected unless Stesso agrees in a writing signed by an authorized representative.
20.3 No waiver. Stesso's failure to enforce any provision of these Terms is not a waiver of that or any other provision, and any waiver must be in writing to be effective. A waiver on one occasion is not a waiver as to any future occasion.
20.4 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Stesso's prior written consent; any attempted assignment in violation of this Section is void. Stesso may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or otherwise as permitted by law. These Terms bind and benefit the parties and their permitted successors and assigns.
20.5 Survival. The provisions that by their nature should survive termination — including Sections 5 (AI Disclaimers), 6 (Assumption of Risk), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Arbitration, per Section 16.8), 17 (Class-Action Waiver), 18 (Governing Law & Forum), 19 (Notices), 20 (this Section), and 21 (Contact) — survive termination of these Terms and of your relationship with Stesso.
21. CONTACT
If you have questions, concerns, or disputes regarding these Terms, contact us:
- General inquiries: [CONTACT — support@stesso.com]
- Legal matters / informal-dispute notice (Section 16.1): [CONTACT — legal@stesso.com]
- Arbitration opt-out (Section 16.7): [CONTACT — arbitration-optout@stesso.com]
- Copyright notices: [CONTACT — copyright@stesso.com]
- Privacy matters: [CONTACT — privacy@stesso.com]
- Mailing address / registered agent: [CONTACT — counsel to set]
ACKNOWLEDGMENT
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- The Service provides AI-generated Content that may contain errors and that AI-generated safety warnings may be incomplete, insufficient, or incorrect (Sections 5, 13);
- These Terms apply across all Stesso surfaces, including embedded widgets on third-party merchant domains, demos, the API, the mobile app, creator tools and automated AI replies, and content surfaced through answer engines (Section 1);
- You must be 18 or older to request High-Risk Guidance, and you make the Age Affirmation for any such guidance (Section 4);
- You assume all risks associated with following any guidance from the Service, subject to the non-waivable liability preserved in Sections 13.4 and 14.4 (Section 6);
- The Service is not a substitute for a licensed professional (Section 7);
- These Terms include a disclaimer of warranties (Section 13) and a limitation of liability with a cap (Section 14) — but death, bodily injury, gross negligence, recklessness, willful misconduct, and fraud are NEVER capped or disclaimed;
- You agree to indemnify Stesso (Section 15);
- You agree to binding individual arbitration unless you opt out within 30 days (Section 16); and
- You waive your right to bring class-action claims against Stesso (Section 17).
DRAFT — pending licensed-attorney ratification; not legal advice. This document is a best-effort draft only. It must be reviewed, corrected, and ratified by a licensed attorney — including confirmation of all bracketed placeholders and of enforceability under CA/NY/MA and other applicable consumer-protection, exculpatory-clause, infancy-doctrine, and UCC §2-316 / §2-719(3) law — before it is published or relied upon. None of the protective clauses binds any person who did not form the contract through the recorded acceptance mechanism in Section 9; against anonymous, never-authenticated users, these clauses may be unavailable regardless of drafting.
© [EFFECTIVE DATE YEAR] Stesso, Inc. All rights reserved. DRAFT.