These Terms of Service ("Terms") are a binding agreement between you and Potential Synergy Inc. ("Potential Synergy," "THEME," "we," "us," or "our"). They govern your access to and use of the THEME website at https://www.thistheme.com, the THEME mobile and desktop applications, and all related features, content, and services (together, the "Service"). For the mobile app, these Terms also serve as the End-User License Agreement (EULA).
By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy and Acceptable Use Policy, each incorporated here by reference. If you do not agree, do not use the Service.
Please read Section 16 (Dispute resolution; binding arbitration and class-action waiver) carefully. It affects your legal rights, requires most disputes to be resolved by individual arbitration, and waives your right to participate in a class action. You may opt out of arbitration within 30 days as described there.
A note on Apple: Apple's standard Licensed Application End User License Agreement also applies to your use of the iOS app and may be referenced in App Store Connect; where it conflicts with these Terms for App Store distribution, Apple's terms control to the extent required. Apple is a third-party beneficiary of these Terms for the purpose of App Store distribution and may enforce them against you (see Section 17).
1. Eligibility and accounts
1.1 Age. You must be at least 17 years old, and at least the age of digital consent in your region, to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms.
1.2 Sign-in. You create an account using third-party sign-in (currently Google OAuth). You authenticate through your chosen provider rather than us holding a password for you. You are responsible for keeping your account and sign-in credentials secure and for all activity under your account. Notify us promptly at potentialsynergyvr@gmail.com if you suspect unauthorized use.
1.3 Accurate information. You agree to provide accurate information and to keep it current.
1.4 One person per account. Accounts are for a single individual unless we agree otherwise in writing. You may not share, sell, or transfer your account.
1.5 Waitlist and availability. Access to the Service may be gated by a waitlist or invitation system, and we may limit new-account signups. We do not guarantee that the Service, or any particular feature, will be available to you.
2. The Service
THEME is a multimodal AI creative canvas. Depending on the features available to you, the Service lets you:
- build "Themes" (projects) from notes, images, audio, video, and files;
- generate images, audio, video, 3D assets, and text using artificial-intelligence models ("AI features");
- use Sprout, a voice-and-camera AI assistant;
- produce multi-voice audio podcast episodes ("Cast"), including public Cast pages and per-Theme RSS feeds;
- share Themes and content to a public feed and participate in community features such as browsing, following, requesting features, and voting; and
- optionally connect your own third-party AI provider API keys ("Bring Your Own Key" or "BYOK").
We may add, change, suspend, or remove features at any time. We may also offer beta or experimental features, which are provided "as is" and may be changed or withdrawn without notice.
3. Acceptable use and community rules
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms and describes prohibited content and conduct, our AI-use rules, and how reporting, moderation, and enforcement work. In summary, you agree not to use the Service to post, generate, or share unlawful, infringing, harassing, or otherwise objectionable content, and not to misuse, overload, or attempt to circumvent the Service or its underlying AI providers. Violations may result in content removal, feature restriction, suspension, or termination as described in the Acceptable Use Policy and Section 12.
4. Your content and the license you grant us
4.1 You own your content. As between you and us, you retain ownership of the Themes, notes, prompts, files, and other materials you create or upload ("User Content").
4.2 License to operate the Service. You grant Potential Synergy a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, process, transmit, adapt, and modify (for formatting and technical purposes) and display your User Content solely to provide, secure, and improve the Service — including generating the Outputs you request, producing Cast episodes and RSS feeds, enabling collaboration and community features you use, and, where you choose to publish or share content, displaying it in the public feed, on public Cast pages, and in associated public RSS feeds. This license ends when you delete the relevant content or your account, except (a) for content you shared publicly that others have already accessed, downloaded, or subscribed to, (b) to the extent content has been shared with others who retain it, and (c) for backups or records retained as described in our Privacy Policy.
4.3 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
4.4 Your representations. You represent and warrant that you own or have all rights necessary to your User Content and to grant the licenses above, and that your User Content, and our use of it through the Service as permitted here, does not and will not violate any law or infringe or misappropriate any third-party right (including intellectual property, privacy, and publicity rights).
4.5 Third-party AI processing. To generate Outputs and run AI features, your prompts and content are sent to third-party AI service providers acting as our processors, as described in our Privacy Policy. Do not submit content you are not permitted to share with those providers.
5. AI-generated content ("Outputs")
5.1 Ownership of Outputs. Subject to these Terms and your payment of any applicable fees, and to the extent such rights are ours to assign, we assign to you our rights in the images, audio, video, 3D assets, text, and Cast episodes the Service generates from your prompts and content ("Outputs"). Some Outputs may incorporate or be subject to the terms of the underlying AI providers; your rights in an Output are limited by those provider terms and by applicable law.
5.2 No guarantee of accuracy or originality. AI Outputs may be inaccurate, incomplete, outdated, offensive, or similar to outputs generated for other users. We do not warrant that Outputs are accurate, original, non-infringing, or fit for any purpose. AI-generated material may not be eligible for copyright protection in some jurisdictions.
5.3 You are responsible for your use. You are solely responsible for reviewing, editing, and deciding whether and how to use Outputs, including verifying facts and ensuring your use complies with applicable law and third-party rights. Do not rely on Outputs for legal, medical, financial, or other professional advice.
5.4 Compliance. Your prompts and Outputs must comply with our Acceptable Use Policy and with the usage policies of the underlying AI providers.
6. Bring Your Own Key (BYOK)
6.1 What BYOK is. The Service may let you connect your own API key from a supported third-party AI provider so that certain generations run against your provider account instead of ours.
6.2 Your responsibility. You represent that you are authorized to use any API key you connect and that your use complies with the applicable provider's terms. You are responsible for all activity, usage, and charges incurred on your provider account through BYOK. We are not your provider and are not responsible for their availability, pricing, rate limits, model behavior, or billing.
6.3 Storage and security. We store connected API keys in encrypted form and use them only to perform the generations you request through the Service. You can remove a connected key at any time in your settings. We may stop using, or disable, a key that appears invalid, unauthorized, or abusive.
6.4 Fees. We may charge a platform fee for BYOK usage, disclosed at the time. Provider charges are separate and are billed by your provider to you.
6.5 Fallback. If a connected key fails for authentication or availability reasons, the Service may fall back to our system key and charge the applicable tokens, or may decline the request. You remain responsible for keeping your key valid.
7. Tokens, subscriptions, and payments
7.1 Tokens. The Service uses consumable "tokens" to power generation, casting, and other features. Tokens are a limited license to use Service features; they have no cash value, are non-transferable, and are non-refundable except as required by law or applicable app-store policy. Consumed tokens are not restored. We may change how many tokens a feature costs.
7.2 Subscriptions. Paid plans (for example, Pro and Pro+) are auto-renewing subscriptions. They renew at the then-current price for the same period unless you cancel before the renewal date.
- Web (Stripe). Subscriptions and token packs purchased through our website are processed by Stripe and renew automatically until canceled. You can manage or cancel through your account billing settings or the customer portal. Cancellation takes effect at the end of the current billing period.
- Apple In-App Purchase. On iOS, purchases and subscriptions are billed through your Apple account and are subject to Apple's terms. You manage and cancel these in your Apple account settings (Settings → your name → Subscriptions). Deleting the app does not cancel a subscription. Apple subscriptions renew unless canceled at least 24 hours before the end of the current period.
7.3 Authorization. You authorize us and our payment processors to charge your selected payment method for all fees, applicable taxes, and recurring subscription charges until you cancel.
7.4 Refunds. Except where required by law or by the applicable app-store policy, all purchases are final and non-refundable. For Apple purchases, refunds are handled by Apple; for Stripe web purchases, contact us and we will handle eligible requests consistent with applicable law.
7.5 Price and plan changes. We may change prices, token costs, and plan features prospectively. We will give notice as required by law and the app stores. Changes do not affect a billing period already paid for; if you do not agree to a change, your remedy is to cancel before the change takes effect.
7.6 Virtual items and rewards. Any credits, capacity, badges, referral rewards, or other virtual items the Service provides are a personal, revocable, non-transferable license limited to the Service; they have no monetary value, cannot be exchanged for cash, and may be adjusted, expired, or revoked (for example, on refund, chargeback, or violation of these Terms).
7.7 Chargebacks and abuse. We may suspend or terminate accounts, reverse token grants, and revoke virtual items in response to chargebacks, fraudulent payments, or abuse of promotions, referrals, or rewards.
8. Community features, sharing, and referrals
8.1 Public sharing. Some features let you make Themes, Cast episodes, RSS feeds, and other content public or share them with others. Content you make public may be viewed, accessed, downloaded, subscribed to, or re-shared by others and may be indexed by search engines and podcast directories. Do not make public anything you want to keep private.
8.2 Public feed and moderation. Content in the public feed is subject to our Acceptable Use Policy and moderation. We may remove content and restrict accounts as described there.
8.3 Requests, votes, and roadmap. Feature requests, votes, and similar community inputs do not create any obligation for us to build, prioritize, or maintain any feature, and grant us the feedback license in Section 4.3.
8.4 Referrals and promotions. Referral and promotional programs are offered at our discretion and subject to additional posted rules. We may modify or end them and may withhold rewards for ineligible, fraudulent, or abusive activity.
9. Intellectual property in the Service
The Service itself — including software, models we provide, design, text, graphics, logos, and trademarks (excluding User Content and Outputs) — is owned by Potential Synergy or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service, and to install and use the app on devices you own or control, for your personal or internal business use, subject to these Terms and (for the iOS app) Apple's EULA. Except as allowed by law or these Terms, you may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works of the Service. All rights not expressly granted are reserved.
10. Copyright and DMCA
10.1 We respect intellectual-property rights and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act (DMCA) and similar laws.
10.2 If you believe content on the Service infringes your copyright, send a notice to our designated agent at potentialsynergyvr@gmail.com with: (a) your signature (physical or electronic); (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act.
10.3 We may remove allegedly infringing content and, in appropriate cases, terminate repeat infringers. If your content was removed, you may submit a counter-notice with the information required by the DMCA.
Ongoing item: To receive DMCA safe-harbor protection, Potential Synergy should register a designated DMCA agent with the U.S. Copyright Office and list that agent's contact details here. See the Overview document.
11. Third-party services
The Service integrates third-party providers (for example, AI model and voice providers, hosting and storage, payment processors, sign-in, email, and push-notification services). Your use of features that rely on them may be subject to their terms, and we are not responsible for third-party services. Links to third-party sites are provided for convenience and are not endorsements.
12. Suspension and termination
12.1 By you. You may stop using the Service and delete your account at any time (in the app via the Me tab → Delete Account, or through your account settings on the web).
12.2 By us. We may suspend or terminate your access, in whole or in part, with or without notice, if you violate these Terms or the Acceptable Use Policy, if required by law, to protect the Service or other users, or if your account is inactive for an extended period.
12.3 Effect. On termination, your license to use the Service ends and we may delete your User Content, subject to the retention practices in our Privacy Policy. Provisions that by their nature should survive — including Sections 4.2–4.4, 5, 7 (for amounts owed), 9, 13, 14, 15, 16, and 18 — survive termination.
13. Disclaimers
THE SERVICE, ALL AI FEATURES, AND ALL 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, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT OUTPUTS WILL BE ACCURATE, ORIGINAL, OR NON-INFRINGING. YOU USE THE SERVICE AND OUTPUTS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POTENTIAL SYNERGY INC. AND ITS OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, 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 AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS, SO SOME MAY NOT APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold harmless Potential Synergy Inc. and its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your Outputs and your use of them; (c) your use of the Service; (d) your BYOK keys and provider accounts; or (e) your violation of these Terms, the Acceptable Use Policy, any law, or any third-party right. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
16. Dispute resolution; binding arbitration and class-action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
16.1 Informal resolution first. Before starting an arbitration, you agree to contact us at potentialsynergyvr@gmail.com and give us 60 days to resolve the dispute informally. Most concerns can be resolved this way.
16.2 Binding arbitration. If we cannot resolve a dispute informally, you and Potential Synergy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except as provided below. The arbitration will be administered by a recognized arbitration provider (for example, the American Arbitration Association) under its consumer arbitration rules, and may be conducted by phone, video, or written submissions where allowed. The arbitrator has exclusive authority to resolve disputes about the interpretation or enforceability of this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
16.3 Class-action waiver. You and Potential Synergy agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
16.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court for infringement or misuse of intellectual property.
16.5 30-day opt-out. You may opt out of this arbitration agreement (Sections 16.2–16.3) by emailing potentialsynergyvr@gmail.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
16.6 Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section still applies.
Ongoing item: Before relying on this clause, confirm with counsel your chosen arbitration administrator and rules, cost-allocation terms, and any state-specific requirements (including for users outside the U.S., where mandatory local law may override arbitration).
17. Governing law and venue
These Terms are governed by the laws of the State of Delaware, and applicable U.S. federal law, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, and subject to any non-waivable rights you have under mandatory local consumer law, you and Potential Synergy consent to the exclusive jurisdiction of the state and federal courts located in Delaware. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer in your country of residence.
18. Apple-specific terms (iOS app)
18.1 These Terms are between you and Potential Synergy Inc. only, not with Apple. Apple is not responsible for the app or its content.
18.2 The license in Section 9 to use the app is limited to Apple-branded devices you own or control, as permitted by the App Store Terms of Service. Apple's standard Licensed Application End User License Agreement also applies and may be referenced in App Store Connect; to the extent of any conflict for App Store distribution, the minimum terms required by Apple control.
18.3 Apple has no obligation to provide maintenance or support for the app. Any product warranty not effectively disclaimed is our responsibility, not Apple's. Apple is not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, or intellectual-property claims.
18.4 Apple is a third-party beneficiary of these Terms and, upon your acceptance, has the right to enforce them against you.
18.5 You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and are not on any U.S. Government restricted-party list.
19. General
19.1 Changes to these Terms. We may update these Terms from time to time. For material changes, we will update the effective date and, where appropriate, notify you in the app, on the website, or by email. Your continued use after an update means you accept the revised Terms; if you do not agree, stop using the Service.
19.2 Entire agreement. These Terms, the Acceptable Use Policy, and the Privacy Policy are the entire agreement between you and us about the Service and supersede prior agreements on that subject.
19.3 Severability and waiver. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
19.4 Assignment. You may not assign these Terms without our consent. We may assign them, for example in connection with a merger, acquisition, or sale of assets.
19.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
19.6 Notices. We may provide notices to you in the app, on the website, or by email. You may contact us at the address below.
20. Contact
Questions about these Terms:
Potential Synergy Inc. [MAILING ADDRESS] Email: potentialsynergyvr@gmail.com