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Terms of Service

Last updated: April 9, 2026 · Effective: April 9, 2026

These Terms of Service govern your access to and use of Seph and all related services provided by The Superposition, LLC. Please read them carefully. They include important provisions regarding intellectual property ownership, AI model training, dispute resolution, and limitation of liability.

1. Agreement

These Terms of Service (the “Terms”) form a binding agreement between you (“you” or “User”) and The Superposition, LLC, a New Mexico limited liability company (“The Superposition,” “we,” “us,” or “our”), and govern your access to and use of Seph and all related websites, applications, APIs, and services we make available (collectively, the “Service”).

By creating an account, accessing the Service, or clicking “I agree” (or similar), you accept these Terms. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy by reference.

2. Beta Status and Early Access

The Service is currently offered as a beta and early-access experience. You acknowledge that:

  • The Service is under active development and may change, break, be interrupted, or be discontinued at any time, with or without notice.
  • Features may be added, modified, or removed.
  • We strive to preserve your data, but we cannot guarantee that beta services will be free from data loss, bugs, or errors.

We recommend that you maintain your own copies of any Content you consider important.

3. Eligibility

You may use the Service only if all of the following are true:

  • You are at least 18 years old.
  • You have the legal capacity to enter into a binding agreement.
  • You are not barred from using the Service under any applicable law.
  • You are not located in, under the control of, or a resident of any country or region subject to comprehensive U.S. sanctions, and you are not listed on any U.S. government list of prohibited or restricted parties.
  • If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Your Account

Account creation and authentication are handled by our identity provider. You agree to provide accurate, current, and complete information when creating your account, and to update it promptly if it changes.

You are responsible for maintaining the security of your account credentials, for all activity that occurs under your account, and for promptly notifying us at support@thesuperposition.ai of any unauthorized access or security incident affecting your account.

You may only create and use one personal account. Shared, multi-user, studio, or organizational accounts are not available under these Terms; they require a separate Enterprise License Agreement with The Superposition.

We may suspend or terminate your account as described in Section 15 (Term and Termination).

5. The Service

Seph is a creative collaborator that helps Users develop and explore their creative work through conversation. Among other things, the Service allows Users to:

  • Conduct conversations with Seph.
  • Develop characters, scenes, plot, and world-building — what we call a “World.”
  • Capture and export notes to third-party destinations such as Google Sheets.
  • Train private, per-User AI models associated with their World (each, a “Model”) that embody the creative context the User has developed.
  • Grant permission-based access to their Content, Worlds, and Models to other Users, as described in Section 8.

What Seph is and is not. Seph is designed to supercharge the creator, not replace them. Seph is a conversational collaborator that helps you think through your creative work. Seph does not generate finished creative works (such as prose, screenplays, or video) on your behalf. You remain the creative author.

You acknowledge that AI-generated responses may contain errors, inaccuracies, or material that is offensive or unsuitable for your purposes. You are responsible for evaluating the appropriateness of any output before relying on it.

6. Your Content and Intellectual Property

“Content” means any information, data, text, conversation, transcript, recording, note, file, description, image, World, character, setting, plotline, or other material that you submit to, upload to, create through, or develop using the Service. Content includes both material contributed by you directly and material produced by Seph or a Model during your use of the Service in connection with your World.

You own your Content.

As between you and The Superposition, you retain all right, title, and interest (including any intellectual property rights) in and to your Content, to the extent such rights exist and are eligible for protection under applicable law. You acknowledge that AI-generated output may not be eligible for copyright or other intellectual property protection in all jurisdictions, and The Superposition makes no representation about the protectability of any particular output.

Your representations about your Content.

You represent and warrant that:

  • You own or have all necessary rights, licenses, and permissions to submit the Content to the Service.
  • Your Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party.
  • Your Content complies with all applicable laws and these Terms.

License you grant to us.

Solely to operate, provide, maintain, secure, and improve the Service for you, and to perform our obligations described in Section 7, you grant The Superposition a limited, non-exclusive, worldwide, royalty-free, fully-paid license to host, store, copy, transmit, process, display, back up, and create derivative works of your Content as necessary to provide the Service. This license:

  • Extends to our sub-processors (listed in Section 10) solely to the extent required for them to provide services to us.
  • Includes the right to train, fine-tune, evaluate, and operate Models that are associated with your account or your Worlds, as described in Section 7.
  • Does not grant us the right to use your Content to train or improve any model that is not associated with your account or your Worlds, except in the form of aggregated and de-identified operational telemetry that cannot reasonably be used to reconstruct your Content.
  • Terminates when you delete your Content or your account, subject to the retention window described in Section 15.

7. Models, Training, and Ownership of Model Weights

The Service may involve training per-User AI Models that are specific to your account and your Worlds. The following rules govern Models:

What you own.

You own your Content and any intellectual property rights in the creative material a Model embodies. You also own any Content produced by Seph or a Model in connection with your World, to the extent such Content is eligible for intellectual property protection.

What we own.

The Superposition owns the Model weights, training artifacts, and underlying technical infrastructure of each Model. Model weights are not transferred to Users, and Users do not receive copies of Model weights. You receive access to and use of Models through the Service.

How we use your Content in training.

We will use your Content to train only Models that are associated with your account or your Worlds. We will not use your Content to train general, shared, or any other models that are not associated with your account or your Worlds. We will not sell, license, or otherwise make your Content available to any third party for the purpose of training that third party’s models.

Third-party AI providers.

The Service uses third-party AI providers and cloud infrastructure to perform certain processing and training tasks. We make commercially reasonable efforts to contract with providers whose terms prohibit them from training their own models on your Content. The providers we currently use are listed in Section 10. You acknowledge that this landscape is complex and evolving, that we rely on provider representations and contracts, and that while we make commercially reasonable efforts to ensure alignment with our policies, we cannot guarantee third-party conduct beyond the terms of our agreements with them.

Model access.

As long as your account is in good standing and you comply with these Terms, you have the exclusive right, through the Service, to use the Models associated with your account, subject to the fees described in Section 9 and to any sharing permissions you grant under Section 8.

8. Permission-Based Sharing of Worlds and Models

Seph allows Users to share access to their Content, Worlds, and Models with other Users that they designate (“Permissioned Users”). When you share a World:

  • The original owner of the World (the “World Owner”) retains ownership of the Content and of the creative intellectual property embodied in the World.
  • Permissioned Users receive access strictly within the scope granted by the World Owner.
  • If the World Owner authorizes it, Permissioned Users may train additional Models using the shared Content within the context of the shared World.
  • As between Users, the World Owner of record is the party we treat as the owner of the Content and the party whose instructions we act upon.

Disputes between Users.

The Superposition does not adjudicate intellectual property disputes, ownership disputes, or collaboration disputes between Users. If a dispute arises between a World Owner and a Permissioned User (or among Users who have collaborated on a World), you agree that it is your responsibility to resolve it, and that The Superposition may continue to rely on the World Owner of record. We reserve the right (but have no obligation) to suspend access during a dispute.

9. Fees and Payment

Free during early access. The core conversational Seph experience is currently offered free of charge during early access. Some features — including, without limitation, Model training — are paid. The current fee schedule, if any, is presented within the Service at the time of use.

Right to begin charging. We reserve the right to begin charging for any feature of the Service at any time, with reasonable advance notice. If we begin charging for a feature you are currently using without charge, you will have the opportunity to accept the new terms or stop using that feature before fees apply.

Payment terms. Where fees apply, you authorize us (or our payment processor) to charge the payment method you provide. Unless otherwise stated or required by law, all fees are non-refundable.

Taxes. Fees are exclusive of taxes, duties, or similar assessments, which are your responsibility.

Enterprise. Studio and multi-user access is governed by a separate Enterprise License Agreement.

10. Third-Party Services and Sub-Processors

The Service is built on and integrates with a number of third-party services. As of the Effective Date, these include, without limitation:

  • Clerk — authentication and identity.
  • Anthropic (Claude API) — large language model processing.
  • Google (Gemini API and Google Sheets) — large language model processing and notes export.
  • Deepgram — speech-to-text.
  • InWorld — text-to-speech.
  • Microsoft Azure — cloud storage, search, and related cloud services.
  • Modal — compute and model training infrastructure.

This list may change. We make commercially reasonable efforts to use providers whose terms align with our commitments regarding data ownership, data handling, and non-use of User Content for provider-side model training. The third-party landscape is complex and evolving, and we cannot guarantee any third party’s conduct beyond the terms of our agreements with them. Your use of any third-party service (including when integrated with the Service) may also be subject to that provider’s own terms.

Google Sheets integration. If you authorize the Service to connect to your Google account and write notes to Google Sheets, you grant us the rights necessary to do so, and you acknowledge that information we write to your Google account is then subject to your separate agreement with Google.

11. Apps and Integrations

You may access the Service through apps, clients, or integrations published by The Superposition or by third parties. Third-party apps and integrations are not controlled by The Superposition and are subject to their own terms. You are responsible for any app you use to access the Service and for any information or Content you transmit through such apps.

12. Acceptable Use

You agree not to, and not to permit any third party to:

  • Use the Service in violation of any applicable law or regulation.
  • Submit, generate, or use the Service to develop Content that is illegal, infringing, defamatory, fraudulent, deceptive, harassing, or that depicts or facilitates the sexual exploitation of minors.
  • Infringe, misappropriate, or otherwise violate the intellectual property or other rights of any third party, including by uploading copyrighted works you do not have the right to submit.
  • Attempt to gain unauthorized access to the Service, other Users’ accounts, or any related systems or networks.
  • Probe, scan, test the vulnerability of, or interfere with the integrity of the Service, except with our prior written permission.
  • Use the Service to develop, train, or improve any competing AI model or service.
  • Reverse engineer, decompile, or attempt to extract Model weights or other proprietary materials from the Service.
  • Scrape, crawl, or use automated means to access the Service except through interfaces we explicitly provide.
  • Impersonate any person or misrepresent your affiliation with any person or entity.
  • Use the Service to generate mass disinformation, spam, malicious code, or content designed to manipulate or deceive at scale.
  • Use the Service in any way that could disable, overburden, or impair its operation.

We may investigate and take appropriate action, including removing Content, suspending or terminating accounts, and cooperating with law enforcement, in response to any actual or suspected violation.

13. Copyright and DMCA Policy

The Superposition respects the intellectual property rights of others and expects Users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512.

Notice of infringement.

If you believe that material on the Service infringes your copyright, please send a written notice to our designated agent at support@thesuperposition.ai that includes:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it on the Service.
  4. Your contact information (name, address, telephone number, email address).
  5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-notice.

If you believe your Content was removed or disabled in error, you may send a counter-notice to the same address containing the elements required by 17 U.S.C. § 512(g).

Repeat infringers.

We will terminate the accounts of Users who are determined to be repeat infringers in appropriate circumstances.

Designated agent.

Notices should be sent to: The Superposition, LLC, Attn: DMCA Agent, support@thesuperposition.ai.

14. Confidentiality and Disclosure

We treat your Content as confidential and will not disclose it except (a) as required to operate the Service, (b) as authorized by you, (c) to our sub-processors under obligations consistent with these Terms, (d) to comply with applicable law or a valid legal request, or (e) to protect the rights, property, or safety of The Superposition, our Users, or the public.

We may use aggregated, anonymized, and de-identified statistics about use of the Service for analytics, research, and product development, provided that such statistics do not identify you or reveal your Content.

15. Term and Termination

These Terms take effect when you first access the Service and continue until terminated.

Termination by you.

You may terminate your account at any time by following the account deletion process in the Service or by contacting us at support@thesuperposition.ai.

Termination by us.

We may suspend or terminate your account at any time for any reason, including if we believe you have violated these Terms. We will make reasonable efforts to notify you, except where notice would be impractical, prejudicial to an investigation, or legally prohibited.

Effect of termination.

  • Your right to access and use the Service ends.
  • Your Content will be retained for 30 days, during which time you may request an export of your Content or reinstatement of your account.
  • After the 30-day retention window, your Content will be permanently deleted from our active systems. Residual copies may remain in routine backups for a limited additional period, after which they will also be deleted. We may retain certain information longer where required by law or to enforce these Terms.

Surviving provisions.

The following sections survive termination: 6 (as to license rights for Content already processed), 14, 16, 17, 18, 19, 20, and any others that by their nature should survive.

16. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUPERPOSITION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING:

  • We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
  • We do not warrant the accuracy, completeness, reliability, or usefulness of any Content, output, or Model, including AI-generated responses, which may contain errors, inaccuracies, or material that is offensive or unsuitable. You assume all risk arising from your reliance on any output of the Service.
  • The Service is offered in beta and early access, and we make no promises about continued availability.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • IN NO EVENT WILL THE SUPERPOSITION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THE SUPERPOSITION’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID TO THE SUPERPOSITION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot be limited by applicable law.

18. Indemnification

You agree to defend, indemnify, and hold harmless The Superposition and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Content; (b) your use of or access to the Service; (c) your violation of these Terms; (d) your violation of any law or any third-party right, including intellectual property rights; or (e) disputes between you and other Users.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

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.

Informal resolution first.

Before filing any claim, you agree to contact us at support@thesuperposition.ai and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration.

Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, and may be conducted remotely or in Santa Fe, New Mexico. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Class action waiver.

YOU AND THE SUPERPOSITION 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, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative proceeding.

Small-claims carve-out.

Either party may bring an individual action in small claims court for disputes within the court’s jurisdiction.

Injunctive relief carve-out.

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.

30-day opt-out.

You may opt out of this arbitration agreement by sending written notice to support@thesuperposition.ai within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you want to opt out. Opting out does not affect any other part of these Terms.

20. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration (such as injunctive relief), the exclusive venue is the state and federal courts located in Santa Fe County, New Mexico, and you consent to the personal jurisdiction of those courts.

21. Export Control and Sanctions

The Service may be subject to United States export control and economic sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC). You represent and warrant that you will not, directly or indirectly, export, re-export, transfer, or make the Service available to any person, entity, or jurisdiction prohibited under applicable export control or sanctions laws, and that you are not located in, under the control of, or a national or resident of any country or on any list to which such export is prohibited.

22. International Users

The Superposition is based in the United States, and the Service is hosted and operated from the United States. We do not specifically target the Service to users in the European Union, the European Economic Area, the United Kingdom, or any other jurisdiction outside the United States. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your information to, and the processing of your information in, the United States.

23. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by posting a notice in the Service, emailing the address associated with your account, or another reasonable means. The updated Terms take effect on the date indicated at the top. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Service and close your account.

24. Miscellaneous

Entire agreement.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and The Superposition regarding the Service, and supersede any prior agreements on the same subject.

Severability.

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver.

Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in our sole discretion without restriction.

Force majeure.

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

Electronic communications.

You consent to receive communications from us electronically, including by email or through the Service. Electronic notices satisfy any legal requirement that a communication be in writing.

Headings.

Section headings are for convenience only and have no legal effect.

25. Contact

Questions, notices, or communications about these Terms should be sent to:

The Superposition, LLC
Email: support@thesuperposition.ai

The Superposition
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