These Terms of Service ("Terms") are an agreement between you and MetaSpark Labs LLC ("MetaSpark," "we," "us," or "our") governing your use of WhatIsThat.io, its website, progressive web application, Android application, and related features (collectively, the "Service"). Please read these Terms and our Privacy Policy before using the Service. If you do not agree, do not use the Service. Additional terms presented for a specific paid feature or promotion may also apply; where they conflict, the feature-specific terms control only for that feature, unless applicable law requires otherwise.
1. Eligibility and Accounts
You must be at least 13 years old to use the Service, or older where local law sets a higher minimum age. If you are under the age of majority where you live, you may use the Service only with permission from and, where appropriate, supervision by a parent or legal guardian. The Service is not directed to children under 13.
You agree to provide accurate account information, keep your login credentials secure, and notify us promptly of suspected unauthorized access. You are responsible for activity through your account except where applicable law provides otherwise. We may require reasonable verification to protect accounts and respond to sensitive requests.
2. What the Service Does
WhatIsThat.io lets you submit photographs, images, prompts, and other text to receive automated identifications, explanations, entertainment-oriented commentary, and suggestions for additional photographs or exploration. Available features and limits may differ by platform, account status, subscription, location, or release. We may modify, introduce, restrict, or discontinue features as described in these Terms.
3. AI-Generated Content and Personality Modes
Responses are generated using artificial intelligence and may be incorrect, incomplete, out of date, inconsistent, or inappropriate for a particular situation. A confident response is not a guarantee of accuracy. Images may be misidentified, and suggestions for further photographs are optional, not instructions or requirements.
The Service may offer different presentation or personality modes, including humorous, sarcastic, encouraging, or provocative styles. These modes are creative presentation choices; their remarks are automated entertainment, not statements of fact, professional opinions, or expressions of our views about an individual. A mode's availability or name does not guarantee any particular tone or suitability for every audience.
Do not rely on the Service to identify dangerous substances, decide whether food, medicines, plants, wildlife, equipment, or situations are safe, identify a person, make emergency decisions, or obtain medical, legal, financial, or other professional advice. Verify important information with qualified sources or professionals. In an emergency, contact the appropriate emergency services.
4. Your Content and Required Permissions
"User Content" includes the photographs, images, text, prompts, feedback, and other material you submit. You retain any ownership rights you have in your User Content. You represent that you have the rights and lawful basis necessary to submit it and that doing so does not violate another person's privacy, intellectual property, publicity, or other legal rights.
You grant MetaSpark a non-exclusive, worldwide, royalty-free license, for the duration reasonably necessary to provide the Service and meet applicable retention obligations, to host, reproduce, format, transmit, process, display, and otherwise use User Content solely to operate, secure, troubleshoot, and provide the Service, including transmitting it to our contracted technology providers for these purposes. This license ends when the relevant content is deleted from active systems, subject to reasonable backup, security, legal, and third-party processing limitations. It does not transfer ownership of your User Content to us.
Do not submit sensitive personal information or another person's image without an appropriate legal basis and permission where required. You remain responsible for choosing what to photograph and upload.
5. AI Processing, Storage, and Privacy
We use third-party technology, including OpenAI for AI processing and Supabase for applicable data storage. Submitting content to AI features requires its transmission to the relevant processing provider. Our Privacy Policy describes the data we collect, our service providers, the purposes and retention of processing, advertising-related data practices, and available privacy rights. Please review it before submitting content.
These Terms do not replace any separate consent or privacy choice required by law. We do not claim ownership of your uploaded photographs and do not intentionally provide your submitted photographs or AI-generated descriptions to Unity Ads for advertisement targeting. We may retain account records, transaction records, security information, or content as permitted or required by applicable law and as described in the Privacy Policy.
6. Rights to AI Outputs and Sharing
Subject to applicable law, third-party rights, these Terms, and any relevant third-party provider restrictions, you may use and share the responses generated for you, including on social media and for lawful commercial purposes. We do not guarantee that outputs are unique, copyrightable, non-infringing, or exclusively yours; other users may receive similar content. We retain all rights in the Service, its design, software, branding, and underlying technology.
When sharing, do not falsely represent AI-generated material as independently verified facts, professional advice, another person's authentic statements, or material you have exclusive rights to use when you do not. Your use of any third-party images, trademarks, music, or other protected material remains subject to the applicable owner's rights.
7. Acceptable Use and Safety
You agree not to use the Service to:
- Break applicable laws, infringe intellectual property rights, or violate another person's privacy or publicity rights.
- Upload or generate child sexual abuse material, non-consensual intimate imagery, unlawful exploitation, or threats of violence.
- Harass, stalk, dox, defraud, impersonate, or attempt to identify or track another person without a lawful basis.
- Misrepresent AI results as verified medical, safety, legal, financial, or other professional determinations.
- Evade technical restrictions, interfere with security, overload the Service, scrape it without authorization, or access another account.
- Upload malicious code or content you lack authority to submit.
- Manipulate advertising, simulate ad impressions or clicks, or use automation to generate invalid advertising traffic.
We may investigate suspected misuse and, where appropriate, restrict content or suspend access. We do not undertake to proactively review every submission and cannot guarantee that all objectionable content will be detected or removed.
8. Android Advertising
The Android application may display third-party advertisements supplied by Unity Ads on selected screens. Advertisements are paid third-party content, are not generated as part of our image analysis, and do not necessarily indicate our endorsement of an advertiser or its products. We do not control third-party offers, landing pages, availability, or transactions; review an advertiser's terms before engaging with it.
Unity and its advertising partners may process device identifiers (including the Android advertising identifier when available), device and application information, approximate location inferred from IP address, and ad delivery or interaction data, depending on applicable law, consent, and device settings. Details and relevant privacy choices are explained in our Privacy Policy and Unity's privacy policy. Advertising-related practices may be considered a "sale" or "sharing" under some privacy laws even where no money is paid for personal information. We will honor applicable legal choices; an advertising opt-out does not necessarily remove ads.
Our current Unity advertising integration is for the Android application, not the WhatIsThat.io website or progressive web application. An existing subscription does not automatically confer an advertisement-free experience unless the applicable paid offering expressly says that it does.
9. Subscription Plans, Billing, and Cancellation
Some features may require payment or impose free-use limits. The price, billing interval, available benefits, introductory offers, and any trial terms will be presented before you purchase. Where subscriptions automatically renew, they continue for successive billing periods unless canceled as disclosed at purchase or otherwise required by law.
Purchases may be processed through Google Play or other payment providers made available by the Service. The applicable store or payment provider controls payment processing and may apply its own purchase, cancellation, and refund terms. You can generally manage or cancel a Google Play subscription through your Google Play account. Uninstalling the app or deleting an account does not automatically cancel a separately managed subscription.
Unless the purchase terms or applicable law provide otherwise, cancellation prevents future renewal rather than automatically refunding a current period. We may change future prices or plan features subject to applicable notice, consent, and store requirements. We will not promise refunds, automatic credits, or uninterrupted access beyond applicable law and the specific purchase terms.
10. Availability, Usage Limits, and Changes
Features may be subject to rate limits, fair-use restrictions, regional availability, maintenance, and technical dependencies. We may change reasonable operational limits to maintain security, performance, and commercial viability. We will provide notice or remedies when required for material adverse changes to paid services.
We do not guarantee continuous access, particular response times, perpetual availability of saved history, or compatibility with every device or operating system. You should maintain your own copies of material important to you.
11. Third-Party Services and Links
The Service relies on or may link to third parties such as AI providers, cloud infrastructure, identity services, payment platforms, app stores, and advertisers. Their services and websites may have separate terms and privacy practices. We are not responsible for third-party services outside our control, except to the extent required by law or our obligations to you.
12. Account Closure and Data Deletion
You may stop using the Service and request account or data deletion using the process in our Privacy Policy or by emailing no_reply@whatisthat.io. We may verify a request before acting. Certain records may need to remain for financial, security, dispute-resolution, or legal reasons, and third-party providers may have separate retention obligations.
If you purchased a subscription through an app store, cancel it separately through that store to prevent renewal. Termination and deletion do not eliminate obligations or rights that arose before termination.
13. Intellectual Property and Feedback
Except for rights expressly granted in these Terms, MetaSpark and its licensors retain all rights in the Service and its software, design, branding, documentation, and other proprietary materials. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in compliance with these Terms.
If you voluntarily submit feedback or ideas, you grant us a worldwide, perpetual, non-exclusive, transferable, royalty-free license to use, modify, and incorporate that feedback without compensation, provided this does not override your rights in separately submitted User Content or our Privacy Policy.
14. Copyright Complaints
If you believe content infringes your copyright, please send a notice identifying the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement that the challenged use is unauthorized, a statement under penalty of perjury regarding the accuracy of your notice and your authority to act, and your physical or electronic signature to:
MetaSpark Labs LLC
Attn: Copyright Complaints
no_reply@whatisthat.io
We will review sufficiently detailed notices and may remove or restrict material or terminate repeat infringers as appropriate. Listing this contact does not, by itself, mean an agent has been formally registered with the U.S. Copyright Office.
15. Security and Responsible Disclosure
We use security measures designed to protect the Service, but no internet-connected system is completely secure. Do not attempt to exploit vulnerabilities, access other users' data, or conduct intrusive testing without prior written authorization. You can report suspected vulnerabilities to no_reply@whatisthat.io.
16. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT CONTENT IS ACCURATE, THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY PARTICULAR OUTCOME WILL RESULT FROM ITS USE.
Nothing in these Terms excludes warranties, guarantees, or consumer rights that cannot lawfully be excluded in your jurisdiction.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, METASPARK AND ITS OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. THIS LIMIT DOES NOT APPLY WHERE OR TO THE EXTENT LIABILITY CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR OTHER NON-WAIVABLE STATUTORY RIGHTS AS APPLICABLE.
18. Indemnification
To the extent permitted by applicable law, you agree to indemnify MetaSpark against third-party claims, losses, and reasonable legal expenses resulting from your unlawful User Content, infringement of another person's rights, or material violation of these Terms. This provision does not require you to indemnify us for our own negligence, misconduct, or violation of applicable law.
19. Suspension and Termination
We may suspend or end access where reasonably necessary to respond to violations, security risks, legal requirements, fraud, or material operational problems. When appropriate and legally required, we will provide notice and an opportunity to address the issue. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive, including accrued payment obligations, ownership, disclaimers, limitations, and dispute provisions.
20. Disputes and Applicable Law
Before starting a formal legal proceeding, please email legal@whatisthat.io with a description of the dispute and the relief requested. Both parties agree to attempt in good faith to resolve disputes informally for 30 days, unless urgent injunctive relief or a legal deadline makes that impracticable.
Except where mandatory law provides otherwise, these Terms are governed by Florida law, without regard to its conflict-of-law rules. Subject to any applicable consumer protections and mandatory venue rules, disputes not resolved informally may be brought in the state or federal courts with jurisdiction in Palm Beach County, Florida. Both parties consent to those courts where legally permissible.
These Terms do not require arbitration or waive class-action rights. If we later propose such provisions, we will present revised terms and any notices or choices required by applicable law.
21. International Access and Export Compliance
The Service is operated from the United States and may be accessed elsewhere, subject to feature availability and applicable law. You agree to comply with applicable U.S. export restrictions and relevant laws in your jurisdiction. Nothing in these Terms limits mandatory local consumer or privacy protections.
22. Google Play and Other Distribution Platforms
If you obtain the Service through Google Play or another app store, the store's applicable terms and purchase rules may also apply. To the extent required by applicable platform terms, the store is not the operator of this Service and is not responsible for its content or support obligations. Store-specific statutory rights remain unaffected.
23. Changes to These Terms
We may update these Terms as the Service evolves or legal obligations change. We will update the date above and provide additional notice for material changes where required by law. Material changes to existing paid commitments will be handled in accordance with applicable purchase terms and law. If you do not agree to revised Terms, stop using the Service and, if applicable, cancel future subscription renewals.
24. Miscellaneous
- Entire agreement: These Terms, the Privacy Policy, and any applicable disclosed purchase or feature-specific terms form the agreement concerning your use of the Service.
- Severability: If a provision is unenforceable, the remainder will remain in effect to the extent legally possible.
- No waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment: We may assign these Terms in connection with a legitimate business transfer, subject to applicable law; you may not assign them without our consent except where law permits.
- Force majeure: Neither party is responsible for delays beyond reasonable control, except for obligations that cannot legally be excused.
- Language: Where translations are offered, the English version controls only to the extent permitted by applicable law.
25. Contact
Questions about these Terms or the Service:
MetaSpark Labs LLC
Boynton Beach, Florida 33436, United States
Support: no_reply@whatisthat.io
Legal: no-reply@whatisthat.io