Terms
Terms and Conditions
AnyWhichWay, LLC (dba iCendant)
Last Updated: April 21, 2025
1. Acceptance of Terms
By accessing or using the services provided by AnyWhichWay, LLC, a Washington State corporation doing business as iCendant (“Company”, “we”, “us”, or “our”), including our website and API (collectively, the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not access or use the Services.
The Services are intended solely for non-critical emotional support and non-critical daily life advice purposes. The Services are expressly NOT intended to provide mental therapy, medical advice, diagnosis, or treatment. Any biometric data collected through the Services is used solely to inform emotional state assessment and not to make medical assessments or diagnoses.
The Services are not intended for use by individuals under the age of 13. If you are under 13, you may not use the Services. By using the Services, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms.
By using the Services, you also agree to our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to the Privacy Policy, you must not access or use the Services.
You will be compelled to actively accept these Terms when you create an account from our dashboard app.
1.1 Additional Acceptance
Some products may require the acceptance of special terms and conditions, which will be presented to you at the time of purchase or use. By using those products, you agree to be bound by those additional terms.
2. User Classifications
2.1 Website Users
Website Users are individuals who access and use our Services through our website interface, indirectly utilizing our API. Access to our website is provided solely for technical assessment purposes.
2.2 iCendant Empathy and iCendant Voice API Subscribers
API Subscribers are individuals or entities who directly access and use our API through a paid subscription or other authorized means.
2.3 iCendant Chat Subscribers
Chat Subscribers are individuals or entities who use our Chatbot interface either directly through our application or through SMS, MMS, or RCS messaging.
3. License and Restrictions
3.1 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business or personal purposes.
3.2 Restrictions
You shall not:
a) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying technology of the Services;
b) Modify, adapt, translate, or create derivative works based on the Services;
c) Use the Services to develop a competing product or service;
d) Remove, obscure, or alter any proprietary notices or labels on the Services;
e) Use the Services in any manner that could damage, disable, overburden, or impair our systems or networks;
f) Use automated means, including spiders, robots, crawlers, or data mining tools, to access the Services;
g) Use the Services for any illegal or unauthorized purpose.
4. API Subscriber Obligations
4.1 End User Agreements
API Subscribers must include in their own terms and conditions:
a) Full responsibility for all uses of our Services through their applications or platforms;
b) Appropriate disclaimers regarding the limitations of AI-generated content;
c) Clear statements that API Subscribers, not AnyWhichWay, LLC, are responsible for any issues arising from the implementation of our Services in their applications or platforms.
4.2 Usage Limits
API Subscribers must adhere to any usage limits or quotas specified in their subscription plan. We reserve the right to throttle or suspend access to the API if we determine, in our sole discretion, that a Subscriber’s usage is excessive or abusive.
5 iCendant Chat Subscriber Terms
5.1 Pricing Disclosure
iCendant Chat Subscribers are not charged a per message or monthly fee by iCendant. Carrier message and data rates may apply.
Should our pricing change, subscribers will be notified by SMS and email and provided the opportunity to respond with “STOP” to opt-out of future messages or close their account.
5.2 Message Frequency
Subcribers will receive 1 message in direct response to each message they send to iCendant Chat.
Subscribers may opt-in to reminders and notifications on topics they specify. No more than one re-minder will be sent for each topic each day. Reminders and notifications may contain marketing content.
5.3 How to opt-out
When subscribers receive reminders, they can reply with “STOP” to opt-out of future reminders of the same type or STOP * and STOP ALL to stop all reminders. Subscribers may also access their account settings to opt-out of reminders.
6. Content and Data
6.1 Data Collection and Processing
We may collect and process data related to your use of the Services, including but not limited to email address, phone number, usage patterns, performance metrics, and error logs. Such data collection and processing shall be governed by our Privacy Policy.
6.2 AI-Generated Content
You acknowledge that our Services may utilize artificial intelligence technologies to generate content, including but not limited to text, speech, and emotional responses. Such AI-generated content:
a) Is provided “as is” without any guarantees of accuracy, appropriateness, or suitability for any particular purpose;
b) May contain errors, inconsistencies, or biases;
c) Is not a substitute for professional advice, including but not limited to medical, legal, financial, or psychological advice;
d) Is intended solely for emotional support and daily life advice, and expressly NOT for mental therapy or medical advice;
e) May utilize biometric data solely to inform emotional state assessment and not to make medical assessments or diagnoses.
7. Disclaimers and Limitations of Liability
7.1 Disclaimer of Warranties
ALL THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
7.3 Cap on Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID US IN THE PRIOR 12 MONTHS (IF ANY).
8. Website Usage
8.1 Technical Assessment Only
Website Users acknowledge and agree that the website is provided solely for technical assessment purposes. No warranties or guarantees are made regarding the suitability of the Services for any particular use case based on website interactions alone.
8.2 No Reliance
Website Users shall not rely on any information, content, or functionality provided through the website for critical business or personal decisions without separately subscribing to our API services and conducting appropriate due diligence.
9. Indemnification
You agree to defend, indemnify, and hold harmless AnyWhichWay, LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
10. Intellectual Property
10.1 Our Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by AnyWhichWay, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.2 Subscriber Licensed Intellectual Property
We, grant an exclusive licensed to any unique output generated by iCendant Empathy, Voice, or Chat as a result of subscriber input to the subscriber so long as the subscriber continues to use our iCendant Empathy, Voice, or Chat service. The likelihood of any given short textual or audio response being non-unique is high. However, the likelihood of any series of responses being non-unique is low. The likelihood of images being somewhat unique is always high.
10.3 Shared Intellectual Property
iCendant Empathy, Voice, and Chat may generate non-unique outputs, we grant a non-exclusive license to any non-unique output generated by iCendant Empathy, Voice, or Chat as a result of subscriber input to the subscriber so long as the subscriber continues to use our iCendant Empathy, Voice, or Chat service. The likelihood of any given short response being non-unique is high.
10.4 Feedback
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.
Rating a response is considered providing feeback and the rated response in its entirety is considered part of the feeback, even if uniques; hence, it becomes shared intellectual property and may be used for training purposes.
11. Termination
11.1 Termination by You
You may terminate your account or subscription at any time by following the instructions on your account page or by contacting [email protected].
11.2 Termination by Us
We may terminate or suspend your account or access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in King County, Washington.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
15. Entire Agreement
These Terms constitute the entire agreement between you and AnyWhichWay, LLC regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
16. Contact Information
For any questions about these Terms, please contact us at:
AnyWhichWay, LLC (dba iCendant) [email protected]