Terms of Service

1. Agreeing to These Terms

These Terms of Service (the "Terms") are a binding agreement between you and Soft Serv, LLC ("Soft Serv," "we," "us"). By creating an account or using the Soft Serv website or platform (the "Service"), you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

If you use the Service on behalf of a school or other organization, you represent that you have authority to bind that organization, and "you" includes it.

2. What Soft Serv Is

Soft Serv lets people practice communication skills through roleplay conversations with AI characters. Instructors can create, customize, and assign scenarios and rubrics; participants complete roleplays using their webcam and microphone and receive AI-generated feedback and evaluations. The Service is hosted on systems located in the United States, relies on third-party AI providers to power its features, and can connect to learning management systems such as Canvas (via LTI 1.3). Connected third-party platforms are governed by their own terms.

3. Accounts

You must be at least 13 to use the Service. It is designed for higher education and professional training and is not directed to children under 13. If you are under the age of majority where you live, you may use the Service only with the consent of a parent, guardian, or your school as permitted by law.

Keep your account information accurate and your login credentials to yourself — you're responsible for activity under your account, so tell us promptly if you suspect unauthorized use. Instructors who set up classes and assign scenarios are responsible for doing so in line with their institution's policies and applicable law.

4. Trials, Demos & Paid Plans

Free trials and demo accounts are time-limited. When a trial or demo expires, we may suspend the account and, after a reasonable period, delete it along with its data — so convert to a full account or export anything you want to keep before then. Trials and demos come with no service commitments.

Paid access is arranged directly with us, on the pricing and billing terms in your order or invoice. Unless stated otherwise, fees are in US dollars, non-refundable except where the law requires, and exclusive of taxes (which are your responsibility, other than taxes on our income). We may suspend paid features for overdue, undisputed balances after reasonable notice.

5. Using the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, educational, or internal organizational purposes. The Service itself — its software, design, scenario library, AI technology, and everything else in it — belongs to Soft Serv and its licensors. If you send us feedback or suggestions, we may use them without obligation to you.

You agree not to:

• copy, resell, or reverse engineer the Service, or attempt to extract its source code, underlying models, or training data;
• use the Service to create or share content that is unlawful, infringing, or harassing, or that violates anyone's rights;
• record or submit audio or video of another person without the consents required by law;
• probe or breach the Service's security, interfere with its operation, or access it with bots or scrapers without our written permission; or
• use the Service in violation of applicable law or your institution's policies.

6. Recordings

Roleplay exercises use your microphone and, in most cases, your webcam. When you participate in a roleplay, the Service records audio and video of you and processes those recordings to run the conversation, generate transcripts, and produce feedback and evaluations. Recordings of assigned exercises may be visible to your instructor or organization administrator.

By participating, you consent to this recording and processing. If you assign roleplays to others, you are responsible for obtaining any consents from participants (including parents or guardians, where applicable) that the law or your institution requires.

7. Your Content

You own your content — your scenario customizations, rubrics, prompts, recordings, and transcripts. You grant us a limited license to host and process it solely to provide, secure, and support the Service for you and, where applicable, your institution.

We do not sell your content, and we do not use it to train AI models that are made generally available to the public. We may use de-identified or aggregated data — data that no longer identifies you — to improve the Service and understand how it performs.

You're responsible for what you submit and represent that you have the rights and consents needed to submit it.

8. AI-Generated Content

Roleplay conversations, feedback, and evaluations are generated by artificial intelligence. AI characters are fictional, and their statements are not the views of Soft Serv. AI output can be inaccurate or inconsistent — review it with human judgment before relying on it, especially for grading decisions. The Service is a practice tool and does not provide medical, legal, therapeutic, or other professional advice.

9. Privacy & Student Data

Our Privacy Policy explains what we collect and how we use it. For deployments through educational institutions, we handle student education records under the institution's direction and in accordance with FERPA — we use them only to provide the Service, never for advertising or marketing.

10. Ending Your Use of the Service

You can stop using the Service and close your account at any time. We may suspend or terminate your access if you materially violate these Terms, if the law requires it, or if your use creates a security or legal risk — where practical, we'll notify you and give you a chance to fix the problem first. We may also discontinue features or the Service with reasonable advance notice.

For thirty (30) days after termination, you (or your institution) may request an export of your content in a standard, portable format; after that we may delete it in the ordinary course, except where the law requires retention. Sections of these Terms that by their nature should survive termination do.

11. Disclaimers & Limits on Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SOFT SERV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT — AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL; AND SOFT SERV'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE AND ONE HUNDRED US DOLLARS ($100).

These limits don't apply where the law doesn't allow them, or to a party's gross negligence or willful misconduct.

12. Changes

We're continually improving the Service and may add, change, or remove features. We may also update these Terms — if we make material changes, we'll give reasonable advance notice (for example, by email, an in-product notice, or updating the date on this page). Continuing to use the Service after changes take effect means you accept them; if you don't agree, stop using the Service before they do.

13. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Disputes arising out of these Terms or the Service will be brought exclusively in the state or federal courts located in Salt Lake City, Utah, and both parties consent to those courts' jurisdiction. Where eligible, either party may instead bring a claim in small-claims court.

14. Everything Else

These Terms, together with the Privacy Policy and any order terms you agree to, are the entire agreement between you and Soft Serv about the Service. If a provision is found unenforceable, the rest still stand; not enforcing a provision isn't a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is responsible for delays caused by events beyond its reasonable control. If you use the Service on behalf of an organization, that organization will defend Soft Serv against third-party claims arising from its content or its violation of these Terms.

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