Terms of Service

1. Foundational Framework and Definitions

1.1 Legal Foundation

This Terms of Service Agreement («Agreement») is entered into between TraitTune, Inc. («TraitTune», «Company», «we», «our», «us»), a Delaware corporation, and the user («User», «you», «your») of our proprietary psychometric assessment platform that creates privacy-preserving personality layers between users and AI systems («Platform»).

1.2 Sanctions Compliance and Geographic Restrictions

1.3 Regulatory Compliance

2. Service Description and Access

2.1 Platform Services

TraitTune provides the following services through its Platform:

2.2 License Grant

TraitTune grants you a non-exclusive, non-transferable, revocable, limited, personal license to access and use the Platform subject to: active account status, compliance with these terms, applicable subscription tier, and payment obligations.

2.3 Compliance Verification

TraitTune reserves the right to: screen users against sanctions lists (OFAC SDN, EU Consolidated List), verify user location and identity, request additional documentation, conduct periodic compliance reviews, monitor transaction patterns, and report suspicious activities to relevant authorities.

3. Subscription Billing and Auto-Renewal

3.1 Auto-Renewal Disclosure (Restore Online Shoppers' Confidence Act (ROSCA) + California Automatic Renewal Law (ARL/CARL))

TraitTune Pro and Max subscriptions automatically renew until you cancel:

• Pro Monthly: $20/month, renews monthly until you cancel.
• Pro Annual: $200/year, renews annually until you cancel.
• Max: $100/month (Max ×5) or $200/month (Max ×20), renews monthly until you cancel.

Charge timing: Renewal is charged on the calendar anniversary of your initial subscription date, to the payment method on file.

3.2 Click-to-Cancel

Cancellation must be no harder than signup. You can cancel at any time from your account: Settings → Subscription → "Cancel" — online, in the same medium you used to subscribe, with no phone call or email required. We may present a single optional offer (such as a discount or a pause) that you can decline to cancel immediately. Cancellation takes effect at the end of your current billing period; you retain Pro access until then and there is no early-termination fee.

3.3 Renewal Reminders

For annual plans, we send a reminder email seven (7) days before each renewal so you can review or cancel before the next charge. Monthly plans receive a renewal receipt after each successful charge.

3.4 Refunds

Refund eligibility — one uniform 14-day refund window for everyone, with a refund that accounts for your usage (a full refund if the service was effectively unused, otherwise the unused part), plus the goodwill refund of unused whole months on annual plans — is described in our Refund Policy.

3.5 EU Consumer Rights

Consumers in the European Union and the United Kingdom retain rights under the EU Consumer Rights Directive 2011/83/EU and equivalent UK legislation, including the 14-day right of withdrawal from purchase. Nothing in these Terms — including the arbitration and class-action clauses in Section 9 — limits these statutory rights.

3.6 Pro Deep Re-reads

Pro subscribers may request a deeper AI interpretation of their personality assessment (a "re-read") up to 3 times per billing period, where the billing period is anchored to the anniversary of the subscription start date rather than the calendar month.

• Per-period limit: Each Pro subscriber receives exactly 3 re-reads per billing period. The counter resets to 3 at the start of each new billing period, defined as the renewal date corresponding to the subscriber's original sign-up anniversary.
• No carry-over: Unused re-reads do not accumulate or roll over to the next billing period; any re-reads remaining at the end of a period expire automatically upon renewal, and no compensation is issued for unused re-reads.
• Per-trait sub-cap: Regardless of the scope selected (full assessment, use-case view, or individual trait), the same personality trait may be re-read at most 3 times within a single billing period. This sub-cap is shared across all scope types for that trait.

Re-reads consumed within a billing period are a feature of the Pro subscription and are not separately refundable; the standard cancellation and refund terms set out in Section 3.2 continue to apply.

3.7 Pro Narratives After Downgrade

AI-generated narratives produced under a Pro subscription are stored on our servers. Upon downgrade from Pro to Free, those narratives are hidden from the account view but are not deleted. If the subscriber re-upgrades to Pro within the retention window set out in our Privacy Policy (Section 9) — currently 12 consecutive months from the downgrade date — the previously generated narratives are restored immediately at no additional charge and without regeneration. If that window elapses on a Free plan without re-upgrade, the Pro narratives are permanently deleted as part of our standard data-retention schedule. Any data-deletion request or withdrawal of consent under the General Data Protection Regulation or equivalent legislation is processed within 30 days and applies to all data, including hidden Pro narratives, superseding the retention window above.

4. Usage Restrictions

5. Data Rights and Processing

5.1 Your Data

• Ownership: Your personality profile data belongs to you. You can export it in JSON/CSV at any time.
• Portability: You may transfer your profile to other services via our API (when available).
• Deletion: You may permanently delete all assessment data via Dashboard → Settings → Delete Account, or by emailing privacy@traittune.com.
• Confidentiality: IRT parameters (theta, discrimination, difficulty) are system-internal and are never exposed to the frontend or to you.

5.2 AI Processing

• Assessment engine runs on AWS Lambda (Python) — data processed in us-east-1.
• LLM analysis via AWS Bedrock — data not shared with model providers, not used for training.
• Database hosted on Supabase (PostgreSQL) with Row-Level Security enabled on all user tables.
• No data is sent to OpenAI, Google, or any third-party AI provider without separate explicit consent.

5.3 CCPA "Do Not Sell or Share"

TraitTune does not sell or share your personal information for cross-context behavioral advertising. California residents may exercise their statutory rights — including the right to know, delete, correct, and opt out of sale or sharing — at any time via our Do Not Sell or Share My Personal Information page. We also honor Global Privacy Control (GPC) browser signals as a valid opt-out request.

5.4 Cookie Consent

You can opt out of analytics and non-essential cookies at any time via the cookie consent banner displayed on first visit and re-accessible from the site footer. Withdrawing consent stops further analytics collection immediately; strictly necessary cookies required for authentication and session security remain active because the Platform cannot function without them.

6. Intellectual Property Protection

TraitTune exclusively owns all rights to:

7. Service Level Commitments

8. Liability Framework and Warranty Limitations

8.1 Limitation of Liability

TraitTune's maximum aggregate liability for all claims shall be limited to the lesser of: (a) total fees paid during the 12 months immediately preceding the claim, or (b) $10,000 USD.

8.2 Important Disclaimers

8.3 Damage Exclusions

The Platform and all services are provided strictly «AS IS» and «AS AVAILABLE».

8.4 Liabilities We Do Not Limit

Nothing in this section limits liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud, or your non-excludable statutory or consumer rights.

9. Dispute Resolution Framework

• Governing Law: Governed by Delaware state law and Federal U.S. law, except as provided in the EU & UK Consumer Carve-Out below. Nothing in this Governing Law clause deprives a consumer resident in the EU, EEA, or UK of the mandatory protections afforded by the law of their country of habitual residence.
• Mandatory Arbitration: Except where you opt out (below) or where local law gives you a non-waivable right to court, disputes are resolved through AAA (American Arbitration Association) arbitration — Delaware venue, English language, single arbitrator, binding decisions.
• 30-Day Arbitration Opt-Out: You may opt out of the arbitration and class-action-waiver provisions within 30 days of first accepting these Terms by emailing legal@traittune.com with the subject “Arbitration Opt-Out” and your account email. Opting out does not affect any other part of these Terms, and we will not penalize you for doing so.
• Class Action Waiver: Except for users who opt out as described above and except where prohibited by law, you waive participation in class actions, collective actions, representative actions, and multi-party litigation.
• Informal Resolution First: Before filing arbitration, both parties agree to attempt informal resolution via email (legal@traittune.com) for a minimum of 30 days.
• EU & UK Consumer Carve-Out: Consumers in the EU, EEA, and UK retain the right to bring claims in their local courts under non-derogable consumer-protection law (including the EU Consumer Rights Directive 2011/83 and the UK Consumer Rights Act 2015), and to rely on the mandatory consumer protections of their country of habitual residence. The arbitration clause and class-action waiver above do not limit those statutory rights.

10. Termination Framework

10.1 User-Initiated Termination

You may delete your account at any time via Dashboard → Settings → Delete Account. All assessment data, personality profiles, and personal information will be permanently deleted within 30 days. If you only wish to stop being charged, you may instead cancel the paid subscription via Settings → Subscription → "Cancel" while keeping your free account.

10.2 Company-Initiated Termination

TraitTune may terminate or suspend your account immediately for: sanctions compliance violations, Terms of Service breaches, payment default, security threats, legal or regulatory requirements, or extended account inactivity (>24 months).

10.3 Effect of Termination

• Platform access ceases immediately.
• Data export available for 30 days post-termination (upon request).
• All data permanently deleted after the 30-day window.
• Sections 5 (Data Rights), 6 (IP), 8 (Liability), and 9 (Disputes) survive termination.

11. Modifications and Updates

• Notice: Material changes communicated at least 30 days in advance via email and platform notification.
• Acceptance: Continued use after the notice period constitutes acceptance.
• Opt-Out: If you disagree with changes, you may delete your account before the effective date.
• Non-Material Changes: Minor clarifications and formatting updates may be made without advance notice.

12. Contact Information