Terms of Use

Last updated: October 11, 2026 · Draft pending legal review

Contact-routing amendment (October 11, 2026): all email communications to Affective, including legal and privacy inquiries, go to founder@affective-llc.site.

These Terms of Use (the "Terms") are a binding agreement between you and Affective LLC ("Affective," "we," "us," or "our") covering your use of the Affective website on which these Terms are posted, including its subdomains (the "Site"). If you use our API, console, or other products, the Master Customer Agreement governs that use instead, and if you have signed a separate written agreement with us, that agreement governs whatever it covers.

By accessing or using the Site you agree to these Terms, including the Privacy Policy, which is part of them. If you do not agree, do not use the Site.

Arbitration notice. Except for the disputes listed in Section 12, you and Affective agree to resolve disputes through binding individual arbitration and each give up the right to a jury trial and to take part in a class action or representative proceeding. Section 12 explains how to opt out.

The Site provides information about Affective, our research, and our products. Nothing on the Site is an offer to provide any product or service, and nothing on the Site is medical, psychological, legal, or financial advice.

You may use the Site only in compliance with applicable law. The Site is not directed to children under 13. If you use the Site on behalf of an organization, you confirm that you have authority to accept these Terms for it, and "you" then means that organization.

3.1 License

As long as you follow these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.

3.2 Sharing our content

You may quote, link to, and share content published on the Site, such as research articles and updates, for non-commercial purposes, provided you credit Affective, link to the original page, and do not alter the content in a way that changes its meaning. Any other use of Site content requires our written permission.

3.3 What you may not do

Except where the law does not allow us to restrict it, you may not:

• use the Site for any unlawful purpose;
• copy, distribute, modify, or create derivative works from the Site or its content, except as Section 3.2 allows;
• interfere with, disrupt, or place unreasonable load on the Site, or circumvent any security or access control on it;
• probe, scan, or test the Site for vulnerabilities, except good-faith security research reported under the disclosure process on our Security page;
• reverse engineer or attempt to obtain the source code of the Site, except where the law expressly permits it; or
• use robots, scrapers, crawlers, or other automated means to access, copy, or collect Site content, including to build datasets or train machine learning models, other than general-purpose search engine indexing that follows our robots.txt.

3.4 What you send us

Please do not send us confidential information through the Site or by email unless we have agreed in writing to keep it confidential. If you send us ideas, suggestions, or other feedback about the Site or our products ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use that Feedback for any purpose without obligation to you.

The Site and everything on it, including text, graphics, designs, data, software, and the Affective and Eros names and marks (together, the "Materials"), are owned by Affective or its licensors and protected by intellectual property laws. We reserve all rights not expressly granted in these Terms.

The Site may link to websites we do not control. We are not responsible for their content, policies, or practices.

We may update these Terms from time to time. Updates apply going forward from the date posted at the top of this page, and your continued use of the Site after that date means you accept them. A dispute is governed by the version of these Terms in effect when the dispute arose.

We may change, suspend, or discontinue any part of the Site at any time, with or without notice, and we are not liable to you for doing so.

These Terms apply whenever you use the Site. If you breach them, your license ends immediately and you must stop using the Site. Sections 3.3, 3.4, and 4 through 13 survive termination.

To the fullest extent the law allows, you will defend and indemnify Affective and its members, managers, officers, employees, contractors, licensors, and agents against any third-party claim, and any resulting loss, liability, damages, and reasonable attorneys' fees, arising from (a) your misuse of the Site, (b) your breach of these Terms or of applicable law, or (c) your violation of anyone else's rights. We may take over the defense of any such claim at our own expense, and you will cooperate with us.

THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, AFFECTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR FREE OF ERRORS OR HARMFUL COMPONENTS. RESEARCH CONTENT ON THE SITE DESCRIBES WORK IN PROGRESS AND MAY BE INCOMPLETE OR LATER REVISED. YOU USE THE SITE AT YOUR OWN RISK.

TO THE FULLEST EXTENT THE LAW ALLOWS, AFFECTIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, UNDER ANY LEGAL THEORY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. AFFECTIVE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THESE TERMS IS LIMITED TO $100. THESE LIMITS ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN US AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.1 Informal resolution first

Before starting arbitration, the party with a claim must send the other a written notice describing the claim and the relief sought. Notices to Affective go to the address in Section 13.4. We will both try in good faith to resolve the claim for 30 days after the notice is received.

12.2 Binding arbitration

If the claim is not resolved, any dispute arising from or related to these Terms, the Site, or our communications with you will be resolved by binding individual arbitration administered by JAMS under its consumer arbitration rules, as modified by these Terms, and governed by the Federal Arbitration Act. The arbitrator decides questions about the scope and enforceability of this arbitration agreement. For claims of $10,000 or less that do not seek injunctive relief, you may choose whether the arbitration happens on written submissions only, by video or phone, or in person in the county where you live. Fees are governed by the JAMS rules. The arbitrator must issue a reasoned written decision, and judgment on the award may be entered in any court with jurisdiction.

12.3 No class actions

You and Affective may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, or representative proceeding.

12.4 Exceptions

Either party may bring an individual claim in small claims court, report a matter to a government agency, seek injunctive relief in court in aid of arbitration, or bring a claim in court for infringement or misuse of intellectual property.

12.5 Opting out

You may opt out of this Section 12 by mailing a letter to the address in Section 13.4, postmarked within 30 days after you first accept these Terms, that states your name, your email address, and that you opt out of arbitration. If you opt out, disputes will be decided by the courts named in Section 13.2.

12.6 Changes to this section

If we make a material change to this Section 12, you may reject it by writing to us within 30 days of the change, and the prior version will continue to apply to you.

12.7 If this section is unenforceable

If the class action waiver in Section 12.3 or this Section 12 as a whole is found unenforceable, then this Section 12 will not apply, and disputes will be decided by the courts named in Section 13.2.

13.1 Entire agreement

These Terms, the Privacy Policy, and any additional terms we post for specific features of the Site are the entire agreement between you and us about the Site. If any provision is unenforceable, it will be enforced to the maximum extent possible and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them at any time. "Including" means "including without limitation."

13.2 Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Subject to Section 12, you and Affective submit to the exclusive jurisdiction of the state and federal courts located in [VENUE COUNTY] County, Texas.

13.3 International use

We operate the Site from the United States and make no claim that it is appropriate or available elsewhere. You may not access the Site where doing so is unlawful.

13.4 Contact

Affective LLC, [NOTICE ADDRESS]. Email and privacy questions: founder@affective-llc.site.