Terms of Service

Welcome to APOTHECA (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the APOTHECA web application, website, and any related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Description of Service

APOTHECA is a visual knowledge management platform acting as a “second brain.” It allows users to organize thoughts, projects, tasks, files, and notes into a visual knowledge graph, interacting with an artificial intelligence (AI) chat agent to read, create, modify, and query the graph.

2. Account Registration and Security

Account Creation: To use the Service, you must register for an account using a valid email address. Authentication is securely handled via Supabase.

Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Account Data: We store necessary account information, including your email, user ID, plan selection, and token/storage balances.

3. Subscriptions, Billing, and Payments

Paid Service: Access to the Service is contingent upon the payment of a recurring subscription fee. We offer a Free Trial (7 days, no credit card required) and paid subscription tiers (Standard and Pro). At the end of a free trial, access to premium features will cease unless a paid subscription is initiated.

Payment Processing: All payments are processed securely through Stripe. We do not process, store, or transmit your raw credit card information on our servers.

Usage Limits: Subscriptions are subject to monthly AI token and storage limits. Token usage is calculated using the following formula: (input_tokens × 1) + (output_tokens × 5). Storage is deducted upon upload and credited upon deletion.

No Refunds: All payments are non-refundable. Except as required by applicable law, there are no refunds or credits for partially used subscription periods, regardless of your level of usage or the content managed within the Service.

Non-Payment: If a payment fails or is charged back, we reserve the right to immediately suspend or terminate access to the Service and all User Content contained therein without further notice.

Cancellations: You may cancel your subscription at any time via your account settings. Cancellations take effect at the end of your current billing cycle.

4. User Content and Data Ownership

Your Content: You retain all ownership rights to the text, files, images, PDFs, and graph nodes you input or upload to the Service (“User Content”).

License to Us: By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and transmit your User Content solely for the purpose of providing and operating the Service.

Tenant Isolation: Your graph data (stored in Neo4j) and files (stored in Google Cloud Storage) are isolated. Our architecture ensures your data is scoped exclusively to your authenticated user account.

Protected Nodes: For system integrity, certain foundational nodes in your graph (e.g., the “YOU” root node) cannot be deleted or fundamentally altered.

Security Disclaimer: While we employ industry-standard encryption and security practices, you acknowledge that the Service is an online platform. You assume all risk regarding the confidentiality of ideas and data stored within the Service. The Service is not a substitute for legal advice or formal intellectual property filing.

5. Artificial Intelligence and Third-Party Integrations

AI Agent Interactions: APOTHECA utilizes third-party AI models (including Anthropic’s Claude) to provide conversational and graph-manipulation features. By using the Service, you acknowledge that your inputs, graph context, and read file contents will be transmitted to these third-party providers to generate responses.

No Guarantee of Accuracy: AI is an evolving technology. The outputs generated by the AI agent may be inaccurate, incomplete, or misleading (“hallucinations”). You are solely responsible for reviewing and verifying any AI-generated content or automated actions taken on your graph.

Model Context Protocol (MCP): Paid users may generate MCP API keys to connect APOTHECA to external AI agents. You are strictly responsible for securing these keys. We are not liable for any data loss, corruption, or unauthorized access resulting from the misuse or exposure of your MCP keys.

6. Prohibited Conduct

You agree not to:

• Use the Service for any illegal, harmful, or fraudulent purpose.
• Attempt to bypass, exploit, or disable any security mechanisms, including tenant isolation rules or Row-Level Security (RLS).
• Upload files containing malware, viruses, or illegal content.
• Reverse engineer, decompile, or disassemble any aspect of the Service.

7. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, APOTHECA disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, nor do we warrant the accuracy of any AI-generated output.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Noah Lisin, its affiliates, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service.

Our total aggregate liability to you for any claim arising out of or relating to the Service shall not exceed the greater of: (a) $100.00, or (b) the total amount paid by you for the Service during the three (3) months immediately preceding the event giving rise to the claim.

9. Dispute Resolution and Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single neutral arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The JAMS rules are available at www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction.

Class Action Waiver: You and APOTHECA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out Right: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to info@apotheca.app within thirty (30) days of your first use of the Service.

10. Termination

By User: You may cancel your subscription at any time via your account settings. Cancellation will take effect at the end of the current billing cycle.

Data Export: Upon termination, you shall have thirty (30) days to export your content, after which we may permanently delete all User Content without liability.

11. Modifications to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Information

If you have any questions about these Terms, please contact us at: info@apotheca.app