What Would Dad Say.

Terms of Service

Last updated: 2026-04-25

DRAFT — for counsel review only. Not a final, published document.

1. Agreement to these terms

These Terms of Service ("Terms") are a legal agreement between you and What Would Dad Say LLC, a Pennsylvania limited liability company ("Company," "we," "us," or "our"). By accessing or using the website located at https://whatwoulddadsay.app (the "Site") or any related services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Site or Service.

2. Who may use the Service

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

(a) you are at least 18 years of age; (b) you have the legal capacity to enter into a binding agreement; and (c) your use of the Service complies with all applicable laws and regulations.

{{TODO: COPPA / minor-user scope is unconfirmed — see product-overview.md. If the Service will be accessible to or directed at users under 18, or will allow adults to create content that involves or depicts minors, this section must be revised in consultation with counsel before publication.}}

3. Description of the Service

What Would Dad Say is a mobile application that allows users to create and store video, audio, and text messages — recorded or written by a parent or other family member — for future delivery to recipients the user designates (such as a child, partner, or other loved one). The core features of the Service include:

(a) Account creation — creating and managing a personal account that persists your content securely across devices;

(b) Recording messages — capturing video messages using your device camera, audio messages using your device microphone, and written text messages using your device keyboard, within the Recording Studio feature of the App;

(c) Storing messages — saving your recordings and written messages to our secure cloud infrastructure so that they are accessible from any of your signed-in devices and are not lost if your device is replaced; and

(d) Future delivery — designating recipients who will receive your messages at a future time or event, including features not yet available (such as posthumous delivery) that will be offered under separate terms.

The Service is provided in beta / pre-launch form. Features described on the Site or in the App are subject to change without notice prior to general availability.

DRAFTING NOTE — This description is drawn from PRD-04.1 and the current product architecture. Counsel and the operator should confirm this is an accurate and complete description of all material Service features before the "DRAFT — NOT IN EFFECT" banner is removed.

4. Accounts and waitlist

The Site currently collects email addresses for a pre-launch waitlist ("Waitlist"). By submitting your email address:

(a) you consent to receive pre-launch updates and communications from us; (b) you represent that the email address is yours and that you are authorized to provide it; and (c) you may unsubscribe at any time by clicking the unsubscribe link in any email we send or by contacting us at legal@whatwoulddadsay.app.

Placement on the Waitlist does not guarantee access to the Service.

5. Acceptable use

You agree not to:

(a) use the Site or Service for any unlawful purpose or in violation of these Terms; (b) attempt to gain unauthorized access to any part of the Site or Service, or to any system or network connected to the Site; (c) transmit any content that is infringing, defamatory, obscene, harassing, threatening, or otherwise objectionable;

(d) upload, record, or submit any synthetic-media content (including AI-generated audio, video, or images) that purports to be the authentic voice, likeness, or image of a real person — living or deceased — without that person's (or, where applicable, their estate's or authorized representative's) explicit written consent. This restriction applies regardless of whether the content is intended for private delivery. We are not responsible for user-generated synthetic media that violates the right of publicity of any person, including obligations under the Tennessee ELVIS Act, New York Civil Rights Law §50-f, or California Civil Code §3344;

(e) impersonate any living or deceased real person in a manner that is false, misleading, or deceptive, or that would lead a recipient to reasonably believe the content was actually created by or originated from that person when it was not;

(f) use automated means (bots, scrapers, crawlers) to access or collect content from the Site without our express written permission;

(g) interfere with or disrupt the integrity or performance of the Site or Service; or

(h) upload, transmit, or otherwise make available any content that contains viruses, malware, or any other harmful code.

COUNSEL FLAG — Items (d) and (e) above address the synthetic-media and right-of-publicity concerns. The core WWDS use case (a real person recording their own authentic voice and likeness for future delivery) does not trigger these restrictions. However, if a future product feature generates synthetic audio or video in a user's likeness using AI, these items will need to be revisited, and compliance-scope.md will need to be updated to flag the TN ELVIS Act, NY §50-f, and CA §3344 as in-scope. Counsel should confirm the current language is appropriately scoped and that the prior §5(f) impersonation item (now renumbered as part of the list) does not conflict with item (e).

6. Intellectual property

6.1 Our property

The Site and its 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 the Company, its licensors, or other providers of such material, and are protected by applicable intellectual property laws.

6.2 Limited license to you

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes.

6.3 Feedback

If you submit ideas, suggestions, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate the Feedback into our products and services without any obligation to you.

7. User-generated content

7.1 Scope

This Section 7 applies to all content you create, upload, record, or otherwise submit through the authenticated portions of the Service, including the Recording Studio feature — recorded video messages, recorded audio messages, written text messages, text drafts, and any associated metadata such as titles, notes, and prompt responses (collectively, "Your Content").

7.2 Ownership

You retain all ownership rights in Your Content. We do not claim any ownership interest in Your Content by virtue of your use of the Service.

7.3 License grant to the Company

By submitting Your Content to the Service, you grant What Would Dad Say LLC a limited, non-exclusive, worldwide, royalty-free license to:

(a) store Your Content on the Company's infrastructure subprocessors (currently Supabase) solely in the recordings storage bucket and associated database tables, in accordance with our Privacy Policy;

(b) transmit Your Content to you and, at your direction, to recipients you designate through the Service (such as family members you authorize to receive a message), solely for the purpose of delivering the Service;

(c) create technical copies and checksums of Your Content solely as necessary to operate, maintain, back up, and verify the integrity of the Service (for example, computing a SHA-256 hash to confirm an upload completed without corruption); and

(d) if you have opted in to a future posthumous-delivery feature, retain and deliver Your Content in accordance with the terms of that feature after your death.

This license is revocable: it terminates when you delete Your Content or when your account is deleted, subject to the retention schedule in our Privacy Policy §8 and to any posthumous-delivery preservation you have affirmatively opted into. This license does not grant us any right to use Your Content for AI model training, fine-tuning, or to generate responses for other users. See §8a for our AI training policy.

DRAFTING NOTE — The revocability of this license at account deletion is the intended behavior (license terminates at delete; see §15 survival analysis). Counsel should confirm this is correctly expressed and that "revocable" is not in tension with the obligation to complete Storage cleanup within 30 days after deletion (during which the technical-copy license in (c) necessarily persists briefly).

7.4 Future delivery

The Service is designed to deliver Your Content to recipients you designate at a future time or upon a future event (including, in a feature not yet available, posthumous delivery). You acknowledge that:

(a) future delivery depends on the continued operation of the Service;

(b) the Company will make commercially reasonable efforts to deliver Your Content in accordance with your instructions, but cannot guarantee delivery if the Service is discontinued, if recipient contact information becomes invalid, or if applicable law requires otherwise; and

(c) the terms governing posthumous delivery will be published separately before that feature is made available, and will be subject to your affirmative opt-in at that time.

7.5 Your representations

By submitting Your Content, you represent and warrant that:

(a) you own Your Content or have all rights, licenses, consents, and permissions necessary to grant the license in §7.3;

(b) Your Content does not violate any applicable law or infringe the intellectual property, privacy, publicity, or other rights of any third party;

(c) if Your Content depicts, references, or was recorded in the presence of any identifiable third party — including minor children — you have obtained any consent or authorization required by applicable law to record and store that person's image, voice, or likeness, and to deliver that content to the recipients you designate; and

(d) Your Content does not contain any material that is defamatory, obscene, threatening, harassing, or otherwise unlawful.

COUNSEL FLAG — Subsection (c) surfaces the "data-about-a-child" question raised in HUMAN-ACTIONS §5 item 3. Recording a parent's message intended for a minor child involves the child's name, likeness, and relational context, even though the child is not the account holder. Counsel should confirm whether the representation in (c) is sufficient or whether explicit parental-consent or at-collection notice obligations apply under COPPA, CPRA, or any other applicable statute.

7.6 Content moderation

We reserve the right — but do not assume any obligation — to review, moderate, remove, or restrict access to any of Your Content that we reasonably believe violates these Terms, applicable law, or the rights of any third party. We will use commercially reasonable efforts to notify you of any such action, except where prohibited by law or where immediate action is necessary to protect the safety of users or third parties.

We do not proactively monitor all content submitted to the Service. You remain solely responsible for Your Content.

7.7 DMCA and copyright takedown

If you believe that Your Content or any other content on the Service infringes your copyright, you may submit a takedown notice to our designated agent at:

DMCA Designated Agent What Would Dad Say LLC 6587 The Hideout Lake Ariel, PA 18436 United States Email: legal@whatwoulddadsay.app

Your notice must include the information required under 17 U.S.C. §512(c)(3): (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the allegedly infringing material and its location in the Service; (iii) your contact information; (iv) a statement of good-faith belief that the use is not authorized; (v) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (vi) your signature (physical or electronic).

We will respond to valid takedown notices in accordance with the DMCA. Repeat infringers may have their accounts terminated.

7.8 AI training

The license granted in §7.3 expressly excludes any use of Your Content for AI model training, fine-tuning, pre-training, or as retrieval context to generate responses for other users. See §8a for our full AI training policy. This exclusion survives any termination of the §7.3 license.

8. Privacy

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by this reference. Please review the Privacy Policy to understand our practices.

8a. AI training

We do not use your personal data, conversations, or content to train, fine-tune, or pre-train AI models, nor do we use your stored personal content as retrieval context to generate responses for other users. If we ever decide to change this practice, we will update these Terms and notify you before any such use begins, so that you have the opportunity to opt out or close your account.

Human safety review: Conversations or outputs may be reviewed by trained human reviewers for safety, fraud, or legal-compliance purposes. This review is not AI model training. See our Privacy Policy for details.

9. Third-party services and links

The Site may contain links to or integrations with third-party websites, products, or services. We do not control and are not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is at your own risk and subject to the applicable third-party terms.

10. Disclaimers

THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE OR SERVICE. THE FOREGOING EXCLUSION DOES NOT APPLY TO: (I) THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (II) BREACH OF THE COMPANY'S DATA SECURITY OBLIGATIONS UNDER APPLICABLE LAW; OR (III) LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION STATUTES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (US $100). THE FOREGOING CAP DOES NOT APPLY TO: (I) LIABILITY FOR THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (II) LIABILITY FOR BREACH OF THE COMPANY'S DATA SECURITY OBLIGATIONS UNDER APPLICABLE LAW; OR (III) LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION STATUTES.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual property or privacy right.

13. Governing law and dispute resolution

These Terms and any dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, or the breach, termination, enforcement, interpretation, or validity thereof, will be resolved exclusively by litigation in the state courts of Wayne County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania, and the parties irrevocably consent to the personal jurisdiction and venue of those courts. YOU AND THE COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

14. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Site with an updated "Last updated" date, and where required by law, by providing direct notice (e.g., email to waitlist subscribers). Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms.

15. Termination

We reserve the right to suspend or terminate your access to the Site or Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Site immediately ceases. Sections 6.3, 7.5, 7.7, 7.8, 10, 11, 12, and 13 survive termination.

License termination on account deletion. The license you granted us in §7.3 terminates upon the deletion of the relevant content or your account, subject to: (a) the data-retention schedule in our Privacy Policy §8 (permanent deletion completes within 30 days); and (b) any posthumous-delivery preservation you have affirmatively opted into, which will be governed by the terms of that feature.

The §7.8 AI-training exclusion survives indefinitely — it is not a license grant and does not terminate.

COUNSEL FLAG — The survival clause adds §7.5 (user representations) and §7.7 (DMCA) as surviving provisions. The §7.3 license is intentionally excluded from the survival list — it terminates at account deletion (revocable license). Counsel should confirm this is the correct treatment and that the 30-day Storage cleanup window in Privacy Policy §8 does not create an unintended period of post-termination license ambiguity.

16. General

17. Contact us

For questions about these Terms, contact:

What Would Dad Say LLC 6587 The Hideout Lake Ariel, PA 18436 United States Email: legal@whatwoulddadsay.app Website: https://whatwoulddadsay.app