Terms of Service

1.1. Parties

This Terms of Service and Master End User License Agreement (this "Agreement" or "Terms") is a binding legal contract between you (the "User," "Account Holder," or "You") and BarthVentures LLC, a Connecticut limited liability company ("Company," "RoastRecap," "We," "Us," or "Our").

1.2. Scope of Agreement

This Agreement governs your access to and use of the RoastRecap mobile application (the "App"), the website located at roastrecap.com (the "Site"), and all related services, features, content, virtual economies, AI generation tools, widgets, and software provided by the Company (collectively, the "Services").

1.3. Acceptance of Terms

By clicking "I Agree," "Sign Up," "Create Account," "Login," or by accessing, downloading, installing, or otherwise using the Services, you expressly acknowledge and agree that:

1. You have read, understood, and agreed to be bound by this Agreement in its entirety;
2. You have read and understood the Company's Privacy Policy;
3. You are at least eighteen (18) years of age and have the legal capacity to enter into this contract;
4. Your use of the Services constitutes an electronic signature having the same legal force and effect as a handwritten signature.

"AI-Generated Content" or "Recaps":

Any text, image, ranking, or commentary generated by the Company's AI models in response to User Inputs.

"Input":

Any text or media submitted by a User to generate a Roast or Recap.

"Roast Mode":

Tonal settings (e.g., "Savage Mode," "Safe Edgy Mode," "Nuclear Mode") governing the AI output.

"Virtual Goods":

Digital items including "Soft Credits," "Anon Credits," and cosmetic items (avatar borders, profile frames, name colors, nameplates, entrance cosmetics) used within the Services.

"Personal Data":

Any information relating to an identified or identifiable natural person as defined by applicable data protection laws (GDPR, CCPA, etc.).

2A.1. Minimum Age Requirement

The Services are intended only for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you meet this age requirement.

2A.2. Self-Attestation

During account registration, you must affirmatively confirm that you are at least 18 years of age. Providing false information about your age constitutes a material breach of this Agreement.

2A.3. Account Termination for Underage Users

If we discover or have reasonable grounds to believe that a user is under the age of 18, we will immediately terminate the account without notice and delete associated Personal Data in accordance with our Privacy Policy and applicable law.

2A.4. Underage Account Reporting

If you become aware of an account created by a person under 18, contact legal@roastrecap.com. We will review the report under our moderation and compliance procedures and take appropriate enforcement action.

3.1. Fundamental Nature: Satire and Ridicule

You acknowledge that the primary purpose of the Services is to facilitate "roasting"—a form of social interaction predicated on insults, mockery, and ridicule. The Services utilize AI to generate content that is deliberately designed to be offensive and demeaning. You agree that this design is a fundamental feature, not a defect.

3.2. Express Consent to Harsh Content

By using the Services, you affirmatively consent to:

1. Being Roasted: Being the subject of AI-generated insults and rankings that may attack your character, appearance, or behavior;
2. Profanity: Exposure to strong language and profane terminology;
3. Humiliation: Exploitation of personal embarrassments for comedic effect.

3.3. Assumption of Risk Regarding Emotional Distress

You expressly acknowledge that participation carries inherent psychological and social risks. You voluntarily assume all risks, including:

• Emotional Distress
• Reputational Harm
• Social Ostracization

YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY PSYCHOLOGICAL HARM ARISING FROM YOUR VOLUNTARY USE OF A SERVICE DESIGNED TO GENERATE INSULTS.

4.1. No Guarantee of Accuracy ("Hallucinations")

The AI may generate content that is factually incorrect, nonsensical, or misleading. You agree to treat all AI-Generated Content as fiction and entertainment, and shall not rely on it for any factual, legal, medical, financial, or other professional purpose.

4.2. Third-Party AI Processors

The Company utilizes Google Cloud Vertex AI (Gemini models) (Google LLC) as its third-party AI provider.

• Google Cloud Vertex AI (Gemini models) (Google LLC)

Transmission to this third-party processor occurs only when you submit AI input after accepting required signup consents, including AI roast consent and acceptance of the Terms and Privacy Policy. Processing may occur outside your country of residence, including in the United States.

4A.1. Data Transmission to Third-Party AI Services

When you use RoastRecap's AI features, your AI input data (text, uploaded images/media, and request metadata needed to generate output) is transmitted to our third-party AI provider for processing:

• Google Cloud Vertex AI (Gemini models) (Google LLC)

This transmission occurs only when you submit AI input. By accepting required signup consents and submitting AI input, you authorize this data transmission and acknowledge that Google may process your data in accordance with its privacy policies.

4A.2. International Data Transfers

Third-party AI processors may process your data in countries outside your country of residence, including the United States. For users in the European Economic Area (EEA), United Kingdom, or Switzerland, this constitutes an international data transfer. We rely on Standard Contractual Clauses (SCCs) and other legally recognized mechanisms to ensure adequate protection for your data.

4A.3. Data Processing and Retention

Submitted AI input data is processed solely as needed to generate AI responses and operate related service functionality. We do not sell this AI input data.

Content submitted through Google Cloud Vertex AI (Gemini models) is processed according to Google's privacy policy and terms of service. In our current setup, submitted API data is not used to train Google's foundation models.

4A.4. Third-Party Terms of Service

You acknowledge that use of third-party AI services is also subject to their respective Terms of Service:

• Google Cloud Vertex AI (Gemini models)

While we require compliance with our Terms, you should also review these third-party terms. In the event of a conflict, the most restrictive provision shall apply.

While RoastRecap is designed for "roasting," there is a strict boundary between satire and abuse. You agree NOT to submit inputs that involve:

5.1. Hate Speech

Content that dehumanizes individuals or groups based on race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or other protected characteristics.

5.2. Illegal Content

Content depicting or promoting illegal activities, including but not limited to: violence, terrorism, child exploitation, non-consensual sexual content, drug trafficking, or fraud.

5.3. Doxing

Revealing private personal information of any person, including but not limited to: home addresses, phone numbers, social security numbers, financial information, or passwords.

5.4. Minors

You are STRICTLY PROHIBITED from using the AI to generate roasts about any individual under the age of 18, or submitting images or content depicting minors.

5.5. Credible Threats

Content constituting a credible threat of violence or physical harm to any person.

5.6. Impersonation

Impersonating another person, entity, or the Company with intent to deceive.

VIOLATION OF THESE PROHIBITIONS MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION, CONTENT REMOVAL, AND REPORTING TO LAW ENFORCEMENT AUTHORITIES.

6.1. No Ownership

Virtual Goods (Soft Credits, Anon Credits, and cosmetic items) are licensed to you for personal, non-commercial use only. You do not own Virtual Goods. They have no real-world monetary value and cannot be exchanged for cash or any other form of legal tender.

6.2. Cosmetic-Only Nature

All cosmetic Virtual Goods (avatar borders, profile frames, name colors, nameplates, entrance effects) are purely decorative and provide no competitive gameplay advantage. They affect only the visual appearance of your profile and do not influence roast generation, scoring, or rankings.

6.3. Daily Challenge Rewards

You may earn Virtual Goods through Daily Challenges. Reward amounts are randomized within disclosed ranges:

• Soft Credits: 40-65 credits per completed challenge
• Anon Credits: May be awarded as bonus rewards (occurrence rate disclosed in-app)

Randomized reward mechanics are designed for variety and engagement. All odds and ranges are disclosed in the Daily Challenges interface.

6.4. No Refunds

ALL PURCHASES OF VIRTUAL GOODS ARE FINAL. See Article 6A for detailed refund policy.

6.5. Forfeiture

Upon voluntary or involuntary account termination, all Virtual Goods (including purchased Credits and earned cosmetics) are immediately forfeited without compensation or refund.

6.6. Modifications and Discontinuation

We reserve the right to modify, suspend, or discontinue any Virtual Goods or features of the virtual economy at any time with or without notice. We are not liable for any such modifications or discontinuations.

6A.1. General Policy

As a Connecticut-based entity, BarthVentures LLC generally prohibits refunds for Virtual Goods except where required by law. All in-app purchases are final.

6A.2. Platform Refund Processes

Purchases made through the Apple App Store or Google Play Store are subject to their respective refund policies:

• Apple App Store
• Google Play Store

Refund requests must be submitted directly to the applicable platform (Apple or Google), NOT to BarthVentures LLC. We do not control or administer platform refunds.

6A.3. European Union Withdrawal Right

For users in the European Union, you have a statutory right to withdraw from digital content purchases within 14 days of purchase under the EU Consumer Rights Directive (2011/83/EU).

HOWEVER, by clicking "I Agree" or "Purchase" after being presented with this notice, you expressly acknowledge that:

1. Digital content (Virtual Goods) will be delivered immediately upon purchase;
2. You expressly waive your 14-day withdrawal right by requesting immediate delivery;
3. Once Virtual Goods are delivered and consumed (e.g., Anon Credits used to post anonymously), the withdrawal right is extinguished.

Unused Virtual Goods may still be eligible for refund within 14 days by contacting support@roastrecap.com with proof of non-use.

6A.4. Exceptions

Refunds may be granted at our sole discretion in cases of:

• Technical errors preventing delivery of purchased Virtual Goods
• Duplicate charges due to system errors
• Fraudulent transactions (verified by our fraud detection systems)

To request an exception-based refund, contact support@roastrecap.com with:

• Transaction ID
• Proof of purchase (receipt)
• Detailed explanation of the issue

Refund requests are reviewed in the order received, with prioritization based on severity and legal obligations. We do not guarantee a specific review timeline.

6A.5. Chargeback Prohibition

You agree NOT to initiate chargebacks with your bank or payment provider for legitimate purchases. Initiating a chargeback instead of following proper refund procedures may result in:

• Immediate account suspension
• Forfeiture of all Virtual Goods
• Permanent ban from the Services

If you believe a charge is fraudulent or unauthorized, contact us FIRST at support@roastrecap.com before disputing with your payment provider.

7.1. Company IP

The App, website, AI prompts, algorithms, proprietary software, "RoastRecap" brand name, logo, and all related trademarks, service marks, and trade dress are the exclusive property of BarthVentures LLC and are protected by U.S. and international intellectual property laws.

7.2. User Content License

You retain ownership of any original content you submit to the Services ("User Content"), including text, images, and other media.

By submitting User Content, you grant BarthVentures LLC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sublicensable license to:

1. Use, reproduce, modify, and display User Content to operate and provide the Services;
2. Transmit User Content to the Google Cloud Vertex AI (Gemini models) service for AI generation.

7.3. Scope of License After Account Deletion

Upon account deletion, the license granted in Article 7.2 terminates with respect to future uses, EXCEPT for:

1. Cached or archived content retained for legal compliance, security, or backup purposes for up to 30 days;
2. Anonymized or aggregated data that cannot be attributed to you.

We will make commercially reasonable efforts to remove your identifiable User Content from active systems within 30 days of account deletion.

7.4. Output Ownership

BarthVentures LLC owns all right, title, and interest in and to AI-Generated Content ("Recaps"), including but not limited to roast text, rankings, and impact scores. You are granted a limited, non-exclusive, non-transferable license to view and share AI-Generated Content for personal, non-commercial purposes only.

7.5. User Restrictions

You may NOT:

1. Reverse engineer, decompile, or disassemble the App or any AI models;
2. Use the Services to create a competing product or service;
3. Extract, scrape, or harvest User Content or AI-Generated Content for commercial purposes;
4. Remove or alter any copyright, trademark, or proprietary notices.

You agree to indemnify, defend, and hold harmless BarthVentures LLC, its members, officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

1. Your User Content or any violation of third-party intellectual property rights;
2. Your misuse of the Services or violation of these Terms;
3. Your violation of any applicable law or regulation;
4. Your violation of any third-party rights, including privacy, publicity, or other personal rights;
5. Any claim that your User Content caused harm to a third party.

This indemnification obligation will survive termination of this Agreement and your use of the Services.

8A.1. Notification Commitment

In the event of a data breach involving unauthorized access, disclosure, or loss of your Personal Data, BarthVentures LLC will notify affected users in accordance with applicable data protection laws, including:

• GDPR (EU): Notification within 72 hours of breach discovery (Article 33)
• CCPA (California): Notification without unreasonable delay (Cal. Civ. Code § 1798.82)
• Other state breach notification laws as applicable

8A.2. Notification Method

Breach notifications will be sent via email to the email address associated with your account. It is your responsibility to maintain a current, valid email address in your account settings.

8A.3. Information Included in Notification

Breach notifications will include, where feasible:

1. Description of the nature of the breach;
2. Categories and approximate number of affected users;
3. Categories and approximate number of affected Personal Data records;
4. Likely consequences of the breach;
5. Measures taken or proposed to address the breach and mitigate harm;
6. Contact information for further inquiries (security@roastrecap.com).

8A.4. User Actions Following a Breach

If notified of a data breach, you should:

1. Change your RoastRecap password immediately;
2. Enable two-factor authentication (if available);
3. Monitor your accounts for suspicious activity;
4. Change passwords on other services if you used the same credentials;
5. Contact security@roastrecap.com with any questions or concerns.

8A.5. Regulatory Reporting

We will also notify relevant data protection authorities (e.g., supervisory authorities under GDPR) as required by law. You may have the right to lodge a complaint with your local data protection authority.

9.1. Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BARTHVENTURES LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Emotional distress or mental anguish
• Loss of reputation or goodwill
• Loss of profits or revenue
• Loss of data
• Cost of procurement of substitute services

THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS ($100.00).

9.2. Exceptions to Limitation

The limitations in Article 9.1 do NOT apply to:

1. Liability for death or personal injury caused by our gross negligence or willful misconduct;
2. Liability for fraud or fraudulent misrepresentation;
3. Liability for data breaches resulting from our failure to implement appropriate security measures (to the extent such limitation is prohibited by GDPR or other applicable law);
4. Any other liability that cannot be excluded or limited under applicable law.

9.3. Basis of the Bargain

You acknowledge that the fees charged (or free tier offered) reflect the allocation of risk set forth in this Agreement, and that the Company would not provide the Services without these limitations.

9A.1. No Uptime Guarantee

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF AVAILABILITY, UPTIME, OR RELIABILITY. We do not guarantee that the Services will be uninterrupted, error-free, secure, or available at any particular time.

9A.2. Planned Maintenance

We may perform planned maintenance, updates, or upgrades that temporarily disrupt service availability. We may provide notice when practicable but do not guarantee advance notice, maintenance windows, or completion times. No credits, refunds, or compensation will be provided for service interruptions due to planned maintenance.

9A.3. Unplanned Outages

Service interruptions may occur due to:

• Server failures or infrastructure issues
• Third-party service provider outages (Firebase, Google Cloud, AI APIs)
• Cyberattacks or security incidents
• Force majeure events (natural disasters, pandemics, acts of war)

We will make commercially reasonable efforts to restore service as quickly as possible, but we do not guarantee any specific restoration timeline.

9A.4. Beta and Experimental Features

Features marked as "Beta," "Experimental," or "Preview" are provided for testing purposes and may be:

• Unstable or contain bugs
• Subject to change or removal without notice
• Not covered by any performance guarantees
• Discontinued at any time

Use of beta features is at your own risk. We encourage feedback but do not guarantee that beta features will be released in final form.

9A.5. Third-Party Dependencies

The Services rely on third-party providers including Firebase, Google Cloud, Google Cloud Vertex AI (Gemini models), and Apple/Google app stores. Outages or disruptions by these providers may affect service availability, and we are not liable for third-party failures beyond our control.

10.1. Agreement to Arbitrate

You and the Company agree that all disputes, claims, or controversies arising out of or relating to this Agreement or your use of the Services (collectively, "Disputes") shall be settled exclusively by binding arbitration, EXCEPT for:

1. Claims brought in small claims court (if within jurisdictional limits);
2. Claims for injunctive or equitable relief to protect intellectual property rights;
3. Claims relating to data breaches or privacy violations subject to regulatory enforcement (which may be brought in court).

10.2. Arbitration Rules and Procedures

Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) in effect at the time of the dispute. The arbitration shall be conducted in Hartford, Connecticut, or another mutually agreed location within Connecticut, unless both parties agree to remote arbitration.

10.3. Arbitrator Authority

The arbitrator shall have exclusive authority to resolve all Disputes, including disputes about the arbitrability of a claim. The arbitrator may award any relief that a court could award, including attorneys' fees and costs if authorized by law.

10.4. Confidentiality

The arbitration proceedings, evidence, submissions, and any award shall be kept strictly confidential and may not be disclosed to third parties, except as required by law or to enforce the award.

10.5. Costs

Each party shall bear its own attorneys' fees and costs, unless the arbitrator awards fees and costs to the prevailing party as permitted by law. The Company will pay all AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator finds the claim frivolous.

YOU AND THE COMPANY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

If a court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement in Article 10 is void, and any Disputes must be brought in court.

12.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of laws provisions.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2. Exclusive Venue

For any Dispute not subject to arbitration under Article 10, you and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Hartford County, Connecticut, United States.

12A.1. Worldwide Availability

RoastRecap is available to users worldwide. By using the Services from outside the United States, you consent to the transfer, processing, and storage of your data in the United States and other countries where our service providers are located.

12A.2. GDPR Compliance (European Economic Area, UK, Switzerland)

For users located in the European Economic Area (EEA), United Kingdom, or Switzerland, we comply with the General Data Protection Regulation (GDPR) and UK GDPR.

Your rights under GDPR include:

• Right of Access (Article 15): Obtain confirmation of whether we process your Personal Data and access to such data.
• Right to Rectification (Article 16): Correct inaccurate or incomplete Personal Data.
• Right to Erasure / "Right to be Forgotten" (Article 17): Request deletion of your Personal Data under certain conditions.
• Right to Restriction of Processing (Article 18): Request limitation of processing under certain conditions.
• Right to Data Portability (Article 20): Receive your Personal Data in a structured, commonly used, machine-readable format.
• Right to Object (Article 21): Object to processing based on legitimate interests or for direct marketing.
• Rights Related to Automated Decision-Making (Article 22): Not be subject to decisions based solely on automated processing that produce legal or similarly significant effects.

To exercise these rights, contact gdpr@roastrecap.com with your request and proof of identity. We will respond within 30 days as required by GDPR Article 12.

12A.6. CCPA Compliance (California, USA)

For users located in California, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

Your rights under CCPA include:

• Right to Know: Request disclosure of categories and specific pieces of Personal Information we collect, use, and disclose.
• Right to Delete: Request deletion of your Personal Information (subject to exceptions).
• Right to Opt-Out of Sale: We do NOT sell Personal Information. If this changes, we will provide a "Do Not Sell My Personal Information" link.
• Right to Non-Discrimination: You will not be denied service or charged different prices for exercising your CCPA rights.

To exercise these rights, contact privacy@roastrecap.com with your request and proof of California residency. We will respond within 45 days as required by CCPA.

13A.1. Prohibited Content Policy

As set forth in Article 5, we prohibit content involving hate speech, illegal activity, doxing, minors, and credible threats. We employ a combination of automated and manual moderation to enforce this policy.

13A.3. User Reporting System

Users may report content they believe violates these Terms by using the in-app "Report" button. Available report reasons include:

• Hate Speech / Discrimination
• Harassment / Bullying
• Violence / Threats
• Spam / Misleading
• Sexually Inappropriate
• Doxing / Personal Information
• Involves a Minor
• Other (with description)

13A.4. Report Review Process

All user reports are reviewed by our moderation team according to the following process:

• Reports are prioritized by severity (threats, minors, and illegal content receive the highest priority).
• Reports involving potential criminal activity are escalated to legal/security teams.
• Reviews are handled according to severity, potential harm, and legal obligations, and we do not guarantee a specific review timeline.
• Reporters receive an outcome notification (content removed, warning issued, or no violation found).

13A.7. Appeals Process

If you believe content was removed in error or your account was unfairly suspended, you may appeal by:

1. Emailing appeals@roastrecap.com with:
   • Your account username
   • Description of the content or action in question
   • Reason you believe the decision was incorrect
2. Providing any supporting evidence or context.

Appeals are reviewed by a senior moderation team member (different from the initial reviewer) based on severity, potential harm, and legal obligations. We do not guarantee a specific appeal decision timeline. Appeal decisions are final.

14.1. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement. The remainder of this Agreement shall remain in full force and effect.

14.2. Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices or policies published on the Services, constitutes the entire agreement between you and BarthVentures LLC regarding your use of the Services and supersedes all prior agreements, understandings, and communications (whether written or oral).

14.3. Changes to Terms

We reserve the right to modify this Agreement at any time. If we make material changes, we will notify you by:

1. Posting the updated Terms on the Services with a new "Effective Date";
2. Sending an email notification to your registered email address (for material changes);
3. Displaying an in-app notification upon your next login (for material changes).

Your continued use of the Services after the Effective Date of the updated Terms constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and may delete your account.

14.8. Notices

All notices to BarthVentures LLC under this Agreement must be sent to:

Notices to you may be sent to the email address associated with your account or via in-app notifications.

14.9. Contact Information

For questions about these Terms, contact:

14.10. Company Information