Terms of Service

These Terms of Service ("Terms") govern your use of the Histou mobile application ("App") and the website at histou.com ("Website"), operated by Setepenra, Inc. ("Setepenra," "we," "our," or "us"), a Delaware corporation (collectively, the "Services").

By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility

Histou is rated 16+ on the App Store. You must be at least 16 years old to use the Services, or the age of majority in your jurisdiction, whichever is greater. By using the Services, you represent that you meet these requirements.

2. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use. You may not copy, modify, distribute, sell, reverse engineer, decompile, extract source code from, or create derivative works of the Services except as expressly permitted by law.

3. AI-generated content

The Services use artificial intelligence to generate conversations, voice responses, narrated biographies, quotes, and quizzes featuring historical figures. You acknowledge that:

• AI-generated content is a simulation. It does not represent the actual words, views, or positions of any historical figure.
• AI-generated content may contain errors, anachronisms, or interpretive choices.
• The Services are for education and reflection. Do not rely on them as the sole source of historical, legal, medical, financial, or other professional advice.
• Voice content is AI-generated. It does not use actual recordings of historical figures.
• We do not sanitize history. Content may include uncomfortable truths and complex portrayals.

4. Accounts

You may need an account to use certain features. You are responsible for:

• Keeping your credentials confidential.
• All activity under your account.
• Providing accurate information.
• Notifying us promptly of any unauthorized use.

5. Subscriptions and billing

Histou is free to download. It offers a free tier with limited daily interactions, and optional auto-renewing premium subscription tiers that unlock the full experience, including unlimited conversations, the complete audio library, and voice calls. Subscriptions and any in-app purchases are processed by Apple through the App Store.

• Subscription terms (price, duration, tier, and features) are shown in the App at the time of purchase.
• Payment is charged to your Apple ID at confirmation.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• You can manage and cancel subscriptions in your Apple ID account settings.
• Refunds are handled by Apple in accordance with its policies.

6. Acceptable use

You agree not to:

• Use the Services unlawfully or in violation of any applicable law.
• Attempt to gain unauthorized access to the Services or related systems.
• Reverse engineer, decompile, or attempt to extract source code from the App.
• Use automated systems, bots, or scrapers to access the Services.
• Manipulate the AI to generate content that is illegal, harmful, hateful, or that misrepresents AI output as authentic statements of real people.
• Interfere with or disrupt the performance or integrity of the Services.
• Share your account credentials with others.

7. Intellectual property

The Services, including their design, text, graphics, software, audio, the Histou name and logo, and the Setepenra name and logo, are owned by or licensed to Setepenra and are protected by intellectual property laws. Underlying AI models are owned by their respective providers and used under license. These Terms grant you no rights to use our trademarks without our prior written consent.

8. User content

Inputs you provide during conversations are processed to generate responses and may be stored to provide continuity in your experience. You retain ownership of any original content you create. You grant Setepenra a worldwide, non-exclusive, royalty-free license to process your inputs for the purpose of providing, securing, and improving the Services.

9. Copyright complaints (DMCA)

If you believe content available through the Services infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to:

Setepenra, Inc., DMCA Agent
Email: contact@histou.com
Address: 1111B S Governors Ave, Suite 97583, Dover, DE 19904, United States

A valid notice must include: identification of the copyrighted work, identification of the allegedly infringing material with location, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature.

10. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that content will be accurate.

11. Limitation of liability

To the maximum extent permitted by law, Setepenra and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or use, arising from or related to your use of the Services, whether based on contract, tort, or any other legal theory. Our total liability for any claim shall not exceed the amount you paid us in the twelve months preceding the claim, or USD $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless Setepenra and its affiliates, officers, and employees from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Services at our discretion if you violate these Terms or if we discontinue the Services. You may stop using the Services at any time. Sections 7, 8, 10, 11, 12, 14, 15, and 17 survive termination.

14. Governing law and venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to Section 15, the state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising under these Terms.

15. Dispute resolution; arbitration; class waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in Delaware, or, at your election, by telephone or video conference if you reside outside Delaware.

You and Setepenra each waive the right to a trial by jury. You and Setepenra each waive the right to participate in a class action, collective action, or representative proceeding. Disputes will be resolved on an individual basis only.

You may opt out of this arbitration provision by sending written notice to contact@histou.com within 30 days of first accepting these Terms. Notwithstanding the above, either party may seek injunctive relief in court for intellectual property disputes.

If you are an EU consumer, this section does not affect mandatory consumer protections available in your country of residence.

16. Changes

We may revise these Terms from time to time. Material changes will be reflected by updating the "Last updated" date and, where appropriate, by notice in the App or by email. Continued use of the Services after changes take effect constitutes acceptance.

17. Miscellaneous

• Entire agreement: these Terms, together with the Privacy Policy, are the entire agreement between you and Setepenra regarding the Services.
• Severability: if any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• Assignment: you may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
• Waiver: our failure to enforce a provision is not a waiver of that provision.
• Force majeure: we are not liable for failures caused by events beyond our reasonable control.
• No agency: nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

18. Contact

Setepenra, Inc.
1111B S Governors Ave, Suite 97583
Dover, DE 19904, United States
Email: contact@histou.com