Draft for attorney review. Not final. Not legal advice. Prepared by Automate AI LLC for counsel to review, correct, and finalize. The arbitration clause, class-action waiver, and limitation of liability are drafted in plain form and require counsel’s language and enforceability review. Bracketed items require input.

Effective date: [TO BE SET] · Version: [TO BE SET, match POLICY_VERSION]

These Terms are a binding agreement between you and Automate AI LLC(“Automate AI LLC,” “we,” “us”), a [State]limited liability company, governing the Replay mobile application and replaycouples.com (together, the “Service”).

PLEASE READ SECTION 16. IT REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, SUBJECT TO YOUR RIGHT TO OPT OUT WITHIN 30 DAYS.

1. Acceptance and eligibility

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy and Consumer Health Data Privacy Policy. If you do not agree, do not use the Service.

You represent that you are 18 or older, have capacity to contract, are not barred from using the Service under applicable law, and are not located in a country subject to a United States embargo or on a United States restricted-party list.

2. The Service, and important limits

Replay helps you capture and understand patterns in your relationship.

THE SERVICE IS NOT THERAPY, COUNSELING, PSYCHOLOGICAL OR MEDICAL CARE, A MEDICAL DEVICE, OR A DIAGNOSTIC OR TREATMENT SERVICE. IT DOES NOT PROVIDE PROFESSIONAL ADVICE AND IS NOT A SUBSTITUTE FOR IT. IT IS NOT AN EMERGENCY SERVICE AND DOES NOT MONITOR FOR EMERGENCIES. If you or another person may be in danger, call 911 or your local emergency number.

We make no representation, warranty, or guaranteethat the Service will improve, repair, preserve, or change any relationship, or affect anyone’s mental health or wellbeing.

The Service includes automated and AI-generated content. AI output may be inaccurate, incomplete, or unsuitable. You are responsible for how you use it.

3. License

Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app on a device you own or control, for personal, non-commercial use. All rights not expressly granted are reserved. You may not: copy, modify, or create derivative works; reverse engineer, decompile, or disassemble except as applicable law expressly permits; rent, lease, lend, sell, or sublicense; remove proprietary notices; circumvent security or the encryption; use automated means to access the Service; or use it to build a competing product.

4. Your account and your recovery code

You are responsible for your account credentials and for all activity under your account. You are solely responsible for safeguarding your recovery code. Because content is end-to-end encrypted, the recovery code is the only means of restoring access on a new device. If it is lost, no one, including Automate AI LLC, can recover your content, and it is permanently unrecoverable. You accept this risk as a condition of the encryption design.

Notify us immediately at support@construktr.ai of any unauthorized use.

5. Your content

You retain ownership of the content you create. Because your content is end-to-end encrypted, we cannot read it and claim no license to read, use, display, or exploit it. You grant only the limited technical rights necessary to store and transmit your encrypted content and to process the sanitized, de-identified text the app generates on your device at your request, as described in the Privacy Policy.

You represent that your content does not violate law or the rights of others. You are responsible for your content, including content describing other people.

Feedback. If you send suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without obligation or compensation.

6. Acceptable use

You will not: use the Service unlawfully or to facilitate unlawful activity; harass, threaten, stalk, surveil, coerce, or harm any person, including your partner; use the Service to monitor another person without their knowledge and consent; misrepresent your identity or age; attempt to gain unauthorized access; interfere with the Service’s operation or security; or use the Service on behalf of another person without authority.

We may suspend or terminate access immediately for a violation of this section, including where we reasonably believe the Service is being used to harm another person.

7. Subscriptions, free trial, billing, auto-renewal, and cancellation

7.1 Plans. A free tier is available. Premium is offered as: monthly at $14.99; annual at $79.99 with a 7-day free trial; and, during a limited window, a founding-member lifetime option at $149. One Premium subscription covers both partners in a paired couple. Prices are in United States dollars and exclude applicable taxes.

7.2 Auto-renewal (please read). Paid subscriptions automatically renew at the then-current price for the same term until you cancel. Renewal is charged to your app store payment method within 24 hours before the end of the current period. If you begin the 7-day free trial, you will be automatically charged the annual price at the end of the trial unless you cancel at least 24 hours before it ends. The app displays your first-charge date before purchase. By subscribing you expressly consent to these recurring charges.

7.3 How to cancel. Cancel at any time in your Apple App Store or Google Play account subscription settings. Cancellation takes effect at the end of the current billing period; you retain access until then. Deleting the app does not cancel a subscription.

7.4 Price changes. We may change prices prospectively with advance notice; changes do not affect the current paid period, and existing subscribers retain their rate as described at purchase where we have so committed.

7.5 Refunds. Purchases are processed by Apple or Google, and refunds are governed by their policies. Where a non-waivable legal right to a refund or cancellation applies in your jurisdiction, nothing here limits it.

7.6 Lifetime option. The founding-member lifetime option grants access for the operational life of the Service. It does not obligate us to operate the Service indefinitely. ATTORNEY: confirm the disclosure and consumer-protection posture of a “lifetime” offering, including what happens on discontinuation.

ATTORNEY: confirm compliance with ROSCA, and with state automatic-renewal laws including California Bus. & Prof. Code §17600 et seq. (which requires clear and conspicuous pre-purchase disclosure, affirmative consent, acknowledgment, and an easy cancellation mechanism), for each launch state. As of mid-2026 the FTC’s 2024 Negative Option Rule was vacated (8th Cir., July 2025) and rulemaking reopened (March 2026); confirm current federal status at signing.

8. Third parties and app stores

The Service is distributed through the Apple App Store and Google Play and depends on third-party services. We are not responsible for third-party services. Your use is also subject to the applicable store’s terms.

8.1 Apple-specific terms (required where Apple’s standard EULA is not used).

(a) These Terms are between you and Automate AI LLC only, not Apple, and Apple is not responsible for the app or its content.

(b) Apple has no obligation to furnish any maintenance or support for the app.

(c) In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.

(d) Apple is not responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability, failure to conform to legal or regulatory requirements, and consumer-protection or similar claims.

(e) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app or your use of it infringes intellectual property rights.

(f) You represent that you are not located in a country subject to a United States Government embargo or designated as terrorist-supporting, and are not on any United States Government restricted-party list.

(g) You must comply with applicable third-party terms when using the app.

(h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

9. Intellectual property

The Service, including its software, design, interfaces, text, and the Replay and Automate AI LLC names, logos, and marks, is owned by Automate AI LLC and protected by intellectual property law. Nothing in these Terms transfers ownership.

10. Changes to the Service

We may modify, suspend, or discontinue any part of the Service, in whole or in part, at any time. Where a change materially reduces the functionality of a paid subscription, we will provide notice and, where required by law, a pro-rated refund or other remedy.

11. Termination

You may stop using the Service and delete your account at any time in Settings. We may suspend or terminate your access, with or without notice, for a violation of these Terms, to comply with law, or to protect the Service or any person. On termination, your license ends immediately and your data is handled as described in the Privacy Policy. Because content is end-to-end encrypted, deletion is permanent and we cannot restore it.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT AI OUTPUT WILL BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.

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

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUTOMATE AI LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, INCLUDING LOSS OF CONTENT RESULTING FROM YOUR LOSS OF YOUR RECOVERY CODE, ARISING FROM OR RELATING TO THE SERVICE, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS.

Some jurisdictions do not allow certain limitations, so some of the above may not apply. Nothing here limits liability that cannot lawfully be limited, including for fraud, gross negligence, or willful misconduct, or a consumer’s non-waivable statutory rights.

14. Indemnification

You will indemnify and hold harmless Automate AI LLC and its officers, members, employees, and agents from any claim, damage, loss, liability, and expense (including reasonable attorneys’ fees) arising from your content, your use of the Service, your violation of these Terms or applicable law, or your violation of any right of another person. We will notify you of any such claim and may assume its defense at our expense.

15. Informal resolution first

Before starting an arbitration or other proceeding, you agree to contact us at [legal@ email] with a written description of the dispute and the relief sought, and to attempt in good faith to resolve it for 60 days. This is a condition precedent to commencing arbitration. The limitations period is tolled during this period.

16. Arbitration and class-action waiver

ATTORNEY: draft, confirm enforceability, and complete. The following is a plain-form outline of the intended structure, not final language.

Except as stated below, any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [arbitration provider] under its consumer rules, before a single arbitrator, seated in [venue] or conducted remotely or in your county of residence at your election. The Federal Arbitration Act governs.

Exceptions: either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or address unauthorized access.

Class waiver: you and Automate AI LLC each waive the right to participate in a class, collective, consolidated, or representative action. If this waiver is held unenforceable as to a claim, that claim proceeds in court and the remainder of this section still applies.

Mass arbitration protocol: [ATTORNEY: include batching provisions.]

30-day opt-out: you may opt out of this arbitration section by sending written notice to [legal@ email or address] within 30 days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other part of these Terms.

Delegation: [ATTORNEY: decide whether to delegate arbitrability to the arbitrator, and confirm enforceability.]

17. Governing law and venue

These Terms are governed by the laws of [State], without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 16. For any matter not subject to arbitration, the exclusive venue is the state and federal courts in [county, State], and you consent to that jurisdiction. Nothing here deprives a consumer of the protection of mandatory law in their place of residence.

18. Limitation period

To the extent permitted by law, any claim relating to the Service must be filed within one year after it arises, or it is permanently barred. ATTORNEY: confirm enforceability by state.

19. General

Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.
Entire agreement. These Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy are the entire agreement and supersede prior understandings.
No waiver. A failure to enforce is not a waiver.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or asset sale, or to an affiliate.
Force majeure. Neither party is liable for delay or failure due to causes beyond reasonable control.
Notices. We may give notice in the app, by email to your account address, or by posting. You give notice to [legal@ email] and, where these Terms require writing, to [mailing address].
Survival. Sections 4, 5, 9, and 12 through 19 survive termination.
Export. You will comply with United States export control and sanctions laws.
United States Government end users.The software is “commercial computer software” under FAR 12.212 and DFARS 227.7202, licensed with only the rights granted here.
Relationship. No agency, partnership, joint venture, or employment is created.
Language. These Terms are in English; any translation is for convenience.

20. Contact

Automate AI LLC, [address]. Legal: [legal@ email]. Support: support@construktr.ai.

Attorney checklist for this document

• Draft and confirm §16 in full (provider, rules, venue, batching, delegation, opt-out mechanics) and confirm enforceability in the launch states.
• Confirm §13 caps and carve-outs, and §18 limitation period, by state.
• Confirm §7 against ROSCA and each launch state’s automatic-renewal law; confirm current federal rulemaking status at signing.
• Confirm §7.6 (lifetime offering) consumer-protection posture and discontinuation handling.
• Confirm §8.1 satisfies Apple’s minimum EULA terms for the current App Store agreement, and whether Google requires anything analogous.
• Fill governing law, venue, and the entity’s state of formation.
• Confirm §14 indemnification scope is appropriate for a consumer agreement in the launch states.
• Confirm the clickwrap presentation and the record of acceptance meet formation requirements.