Terms of Service

Last updated: April 23, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and Secondly ("Company", "we", "us", or "our"). They govern your access to and use of the Secondly application, website (secondly.com), hardware devices (including the Secondly Pod), and all related services (collectively, the "Service"). By creating an account, purchasing hardware, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

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

1. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Account Registration and Security

To use the Service, you must register an account using your phone number. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your phone and account credentials
• Notify us immediately of any unauthorized access to or use of your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or violate these Terms.

3. Description of Service

Secondly is an AI-powered assistant that communicates with you primarily via iMessage and optionally through the Secondly Pod hardware device. The Service uses artificial intelligence to process your messages, remember context across conversations, manage tasks and reminders, send proactive communications, and assist with a variety of information and organizational requests.

4. AI-Generated Content and Limitations

4.1 Nature of AI Output

The Service uses third-party artificial intelligence models (including but not limited to models from OpenAI, Anthropic, and other providers) to generate responses. AI-generated content may be inaccurate, incomplete, misleading, or inappropriate despite our best efforts.

4.2 No Professional Advice

The Service is not a substitute for professional advice of any kind, including medical, legal, financial, tax, therapeutic, or emergency advice. Always consult qualified professionals for such matters.

4.3 No Guarantees of Accuracy

We do not warrant that AI-generated content will be accurate, reliable, current, or error-free. You are solely responsible for evaluating and verifying any information provided by the Service.

4.4 Proactive Communications

The Service may send you messages proactively based on your prior conversations and configured preferences. You can adjust or disable proactive features at any time.

5. Your Content and Data

5.1 Ownership

You retain all ownership rights in the content you submit to the Service ("Your Content"), including text messages, voice notes, images, files, and any other materials.

5.2 License Grant

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, reproduce, and transmit Your Content solely as necessary to provide, maintain, and improve the Service. This includes sending Your Content to third-party AI providers for processing.

5.3 Third-Party AI Processing

You acknowledge and agree that Your Content will be sent to third-party AI providers for processing. These providers may process, temporarily store, or retain Your Content in accordance with their own terms and policies.

5.4 Responsibility for Your Content

You are solely responsible for Your Content. You represent and warrant that you have the right to submit Your Content and that it does not violate any applicable law or third-party right.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe on the intellectual property, privacy, or other rights of any third party
• Generate harmful, abusive, harassing, defamatory, or otherwise objectionable content
• Generate content that exploits or harms minors
• Impersonate any person or entity
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble the Service or its AI models
• Use the Service to develop competing AI products or systematically extract data
• Use automated means to access the Service except as expressly permitted
• Circumvent any security, rate-limiting, or access control measures
• Share your account access with others

7. The Secondly Pod (Hardware)

7.1 Device Capabilities

The Secondly Pod includes a microphone, speaker, and camera, designed to give Secondly a physical presence in your environment.

7.2 Your Responsibilities

• Inform all individuals in your environment about the Pod's capabilities
• Obtain any consents required by applicable law for recording audio or video
• Comply with all applicable laws regarding surveillance and recording
• Use the Pod only in environments where you have the legal right to install such a device

7.3 Hardware Warranty and Returns

Hardware purchases are subject to separate warranty and return terms provided at the point of sale.

7.4 Software Updates

The Pod may receive automatic software updates. By using the Pod, you consent to receiving these updates. Some updates may modify or remove features.

8. Payments, Subscriptions, and Billing

8.1 Fees

Certain features may require payment. All fees are in U.S. dollars unless otherwise specified. We reserve the right to change fees at any time with reasonable notice.

8.2 Billing

Subscription fees are billed in advance. You authorize us to charge your payment method on a recurring basis until you cancel.

8.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds for partial periods unless required by law.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, and trademarks, is owned by or licensed to us and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

9.2 Feedback

If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose.

10. Third-Party Services

The Service may integrate with or link to third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Use them at your own risk.

11. Service Availability and Modifications

We do not guarantee uninterrupted, secure, or error-free access. The Service may be temporarily unavailable for maintenance or due to circumstances beyond our control. We may modify, suspend, or discontinue any part of the Service at any time.

12. Termination

12.1 Termination by You

You may stop using the Service and request account deletion at any time by contacting support@secondly.com.

12.2 Termination by Us

We may suspend or terminate your access immediately if:

• You breach any provision of these Terms
• We are required to do so by law
• Your conduct creates liability or harm for us, other users, or third parties
• We discontinue the Service

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Data is handled per our Privacy Policy. Sections that by their nature should survive termination will survive.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE. YOU ASSUME ALL RISK FROM YOUR RELIANCE ON AI-GENERATED CONTENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECONDLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, UNAUTHORIZED ACCESS TO YOUR DATA, CONDUCT OF THIRD PARTIES, OR AI-GENERATED CONTENT. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

15. Indemnification

You agree to indemnify and hold harmless Secondly and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms or any law; (d) your violation of any third-party right; or (e) your use of the Pod, including failure to comply with applicable recording laws.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal action, you agree to contact us at support@secondly.com and attempt to resolve the dispute informally for at least thirty (30) days.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, it shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

YOU AND SECONDLY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

16.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

17. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the Service.

18.2 Severability

If any provision is found unenforceable, it shall be limited to the minimum extent necessary so that the remaining provisions remain in effect.

18.3 Waiver

Our failure to enforce any right shall not constitute a waiver of that right.

18.4 Assignment

You may not assign these Terms without our consent. We may assign them without restriction.

18.5 Force Majeure

We are not liable for failures resulting from causes beyond our reasonable control, including natural disasters, pandemics, war, government actions, or third-party service outages.

19. Changes to These Terms

We may modify these Terms at any time. Material changes will be notified at least thirty (30) days before taking effect. Continued use after changes constitutes acceptance.

20. Contact

Secondly
Email: support@secondly.com
Website: www.secondly.com