Terms of Service

Welcome to Strokes. These Terms of Service ("Terms") are a legal agreement between you and Happy Vibes, Inc., a Delaware corporation ("Strokes", "we", "us", "our"). They govern your use of the Strokes desktop application, the strokes.ink website, pages you publish through Strokes, and any related services we provide (together, the "Service").

Please read these Terms carefully. By downloading or using the Service, creating an account, or purchasing a plan, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

"You" means the person using the Service. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it, and "you" includes that organization. Capitalized terms are defined where they first appear or in Exhibit A.

1. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (if you have an account), by a notice in the application, or by posting the updated Terms at https://strokes.ink/terms with a new effective date. Where reasonably possible, we will give at least 14 days' notice before material changes take effect.

Your continued use of the Service after the effective date of the updated Terms means you accept them. If you do not agree, stop using the Service. If you have a paid plan, you may cancel it as described in Section 11.

2. What Strokes Is

Strokes is a desktop text editor for macOS and Windows with AI built into the document. The Service has the following characteristics, which several sections of these Terms depend on:

• Local-first. Your Documents are files stored on your own device, in folders you choose. We do not keep copies of your Documents on our servers unless you use a feature that requires it, such as AI features or Share to Web (see Sections 5, 6 and 8).

• Offline editing. You can create, edit, format and export Documents without an internet connection. AI features, account features, Share to Web, updates and payments require an internet connection.

• AI features. Inline AI editing that shows proposed changes as a reviewable diff you can accept, reject or partially accept; an AI assistant that can work across the files in a project; a choice of AI models from third-party providers; voice mode; image creation; and project-level memory. Availability of specific AI features and models depends on your plan.

• Export and sharing. Export to PDF, Word (DOCX), EPUB, Markdown and HTML, and publication of a read-only copy of a Document to the web through Share to Web.

• Import. Import of Word files, Google Docs, Notion exports and other supported formats.

Features vary by plan and platform and change over time. We may add, modify or discontinue features, AI models, or integrations at any time. Where a change materially reduces functionality included in a paid plan, we will give reasonable notice. Current features are described at https://strokes.ink.

3. Accounts and Eligibility

Account. You can use the editor on your device without an account. An account is required for AI features, Share to Web and paid plans. When you create an account you agree to provide accurate information and keep it up to date, to keep your sign-in credentials confidential, and to notify us promptly at hello@strokes.ink of any unauthorized use. You are responsible for all activity under your account. We are not liable for losses caused by unauthorized use of your account unless caused by our breach of these Terms.

Eligibility. You must be at least 13 years old to use the Service, or at least 16 if you are in the European Economic Area, the United Kingdom or Switzerland, or older if the law of your country sets a higher minimum age of digital consent. You must be at least 18, or the age of majority where you live, to purchase a paid plan. By using the Service you represent that you meet these requirements. If we learn that a user does not, we may close the account.

One person per account. Accounts are personal. You may not share an account or its AI allowance with other people. Team and organization plans, when offered, will have their own terms.

4. Software License, Updates and System Requirements

License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Strokes application on devices you own or control, for your personal use or your internal business use. The application is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

Updates. The application may check for, download and install updates automatically to keep it secure and working. Some updates may be required to continue using account or AI features. Updates may add, change or remove features.

System requirements. You are responsible for your device, operating system, internet connection and for meeting the requirements published at https://strokes.ink/apps. We are not responsible for problems caused by unsupported or incompatible hardware or software.

Restrictions. Except to the extent applicable law allows it, you will not copy, modify, distribute, sell, rent, lend or sublicense the application; reverse engineer, decompile or disassemble it; remove proprietary notices; circumvent license, plan or usage checks; or use it to build a competing product.

Third-party components. The application includes open-source and other third-party components that are subject to their own licenses. Those licenses are listed in the application or available from us on request.

5. Your Documents

Ownership. You own your Documents. Nothing in these Terms transfers ownership of your Documents to us.

Where your Documents live. Documents are stored on your device as files, including files in the .stroke format and any formats you import or export. We do not have access to those files and do not keep server-side copies of them, except for: (a) the content you send to AI features, which is transmitted to us and to the AI Provider whose model you select in order to generate Output (Section 6); (b) Documents you publish through Share to Web (Section 8); and (c) data the Service syncs to your account as described in the Privacy Policy, such as AI conversation history, memory and other context the AI keeps for you, settings and usage records.

Backups are your responsibility. Because your Documents are on your device, we cannot restore Documents that are lost, deleted, corrupted or overwritten there, whether through your own actions, an accepted AI edit, device failure or anything else. Keep regular backups, for example by keeping your Strokes folders inside a location that is backed up.

Export. You can export your Documents to the supported standard formats at any time. Not every feature, formatting element or embedded object of the .stroke format can be represented in every export format, and we do not guarantee that an export preserves all of them.

License to us. So that we can operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, reproduce, display and adapt the content you submit to the Service, only as necessary to (i) provide the features you use, including sending content to AI Providers to generate Output and hosting pages you publish through Share to Web; (ii) maintain the security and integrity of the Service; and (iii) comply with law. This license ends when you delete that content from our systems or close your account, except for content you have published that others have already viewed or copied, and for backup copies we keep for a limited period as described in the Privacy Policy.

No training on your content. We do not use your Documents, your prompts or Output to train or fine-tune AI models, and we use AI Providers under business terms that do not allow them to use your content to train their models.

Regulated data. Strokes is a general-purpose writing tool. It is not designed or certified as a processor for data governed by sector-specific regimes such as HIPAA, PCI-DSS or GLBA, and we do not enter into business associate agreements or similar contracts unless we agree to them in writing. Do not submit payment card numbers to AI features or Published Pages, and do not use the Service as a compliance system for regulated data where the law requires contractual safeguards we have not agreed to provide.

Removal. We may remove or disable access to content stored on our systems, such as published pages or synced data, if it violates these Terms or the law. We cannot and do not alter or delete files on your device.

6. AI Features

Third-party models. AI features are powered by models from third-party providers ("AI Providers"). The models available, and therefore the AI Providers behind them, are shown in the application and change over time; we will tell you which AI Providers we currently use on request. When you use an AI feature, the relevant content, such as the text you select, the Document or project files the assistant reads, your instruction and any relevant memory or other context the AI keeps for you, is sent through our servers to the AI Provider whose model you choose. That processing is subject to the AI Provider's terms and usage policies. We do not control AI Providers' models, and we may change the AI Providers and models available, and the plans they are available on, at any time.

Input and Output. "Input" means content you submit to an AI feature. "Output" means content an AI feature generates in response, including text, images and proposed edits. Inline AI edits are shown as suggestions and change nothing in your Document until you accept them. In assistant or agent mode, the AI may propose or, where you enable it, apply changes across several files in a project. You are responsible for reviewing every change the AI makes to your Documents.

Ownership of Output. As between you and us, we assign to you all our right, title and interest in Output generated for you. Output is not unique: the same or similar Output may be generated for other users, and you receive no rights in Output generated for others. Laws on the protection of AI-generated content vary, and we do not promise that Output is protected by copyright or that it does not infringe third-party rights. You are responsible for deciding whether and how Output may be used, published or commercially exploited.

Limitations. AI models can produce content that is inaccurate, incomplete, biased or misleading. They can invent facts, quotes, sources and citations, produce content similar to existing works, and fail at tasks that require judgment. You are responsible for reviewing Output before relying on it, especially for factual, legal, medical, financial or safety-related matters. Output is not professional advice.

Voice mode. Voice mode transmits audio from your microphone to speech-processing providers to turn it into text and commands. It runs only when you turn it on. You are responsible for complying with recording and privacy laws that apply to anyone whose voice is captured.

Project memory. Project memory stores information about your Documents and your standing instructions so the AI has context, and can be set to shared or isolated per project. You can review, limit and clear memory in the application. Where memory is stored is described in the Privacy Policy.

Image creation. Images created with AI features are Output and are subject to this Section and to Section 10.

Internet required. AI features require an internet connection. If we offer an offline AI mode in the future, it will be governed by these Terms and any additional terms we publish for it.

7. AI Usage Limits and Fair Use

Included usage. Each plan includes a monthly allowance of AI usage ("AI Allowance"), measured by the tokens processed by the models you use and, for voice and images, equivalent units. The Free plan includes a limited AI Allowance; paid plans include larger allowances as shown at https://strokes.ink/pricing. Usage depends on the model: frontier models consume the AI Allowance faster than base models, and longer Documents and larger project contexts consume more.

Metering. We meter usage using token counts reported by AI Providers together with our own counts. Our meter is the authoritative measure of your AI Allowance, even where it differs from figures an AI Provider reports. When your AI Allowance is exhausted, AI features may be paused or limited until the allowance resets at the start of your next billing period or you upgrade. Unused AI Allowance does not roll over. A request already in progress when the allowance runs out may be completed and counted against it.

Changes. We may adjust AI Allowances, rate limits, model availability and how much of the allowance a given model consumes, including to reflect AI Provider pricing and capacity. We will give reasonable notice of changes that materially reduce the AI Allowance included in a paid plan.

Fair use. AI features are for your own writing and editing inside Strokes. You may not use scripts or other automated means to make bulk AI requests, share one account's AI Allowance among several people, or use the Service as a general-purpose API or proxy to AI Providers' models. We may throttle, limit or suspend AI features for use that we reasonably consider abusive, that threatens the stability or cost of the Service, or that violates an AI Provider's policies.

8. Share to Web

Share to Web publishes a read-only copy of a Document (a "Published Page") at a public URL on a domain we control. Anyone with the link can view it, and it may be indexed by search engines. A Published Page is a copy of the Document as it was when you published it; later changes to your local Document appear only when you republish. You can unpublish at any time, after which the link stops working, although copies or caches held by others may persist.

By publishing, you grant us the license in Section 5 to host and display the Published Page, and you grant viewers a limited right to view it. You are solely responsible for what you publish, including having all rights needed for the content and ensuring it complies with these Terms and applicable law. Do not publish other people's personal data without a lawful basis.

We may display Strokes branding on Published Pages. We may remove or disable a Published Page that violates these Terms or the law, or that is the subject of a valid complaint (Section 16). Published Pages are hosted on our systems and are subject to the availability disclaimers in Section 19.

9. Importing Content and Third-Party Content

You may import content into Strokes from Word files, Google Docs, Notion exports, Markdown and other supported formats. You represent that you have the rights needed to import, edit and use that content. Imported content becomes part of your Documents and is subject to Section 5.

The Service may contain links to, or work with, third-party websites, services and file formats. We do not control them and are not responsible for their content, availability or practices, and your use of them is subject to their own terms.

10. Acceptable Use

You will not use the Service, including AI features and Published Pages, to:

• violate any law, or infringe or misappropriate anyone's intellectual property, privacy, publicity or other rights;

• create, publish or distribute content that sexually exploits or endangers minors, promotes terrorism or violence, or that harasses, threatens or defames anyone;

• generate or distribute malware, or content intended to deceive, such as impersonation, fake reviews, phishing or disinformation, or to facilitate fraud;

• use AI features in ways that violate the usage policies of the AI Provider whose model you use;

• use automated or systematic means to collect Output in bulk for the purpose of building or training a product or service that competes with the Service;

• probe, scan or test the vulnerability of the Service, circumvent security or access controls, or interfere with the operation of the Service or other users' use of it;

• scrape or use automated means to access the Service or Published Pages, other than ordinary search-engine indexing of Published Pages;

• extract our prompts, system instructions or model configurations, or reverse engineer the application except where the law allows it;

• resell, rent or provide the Service or your AI Allowance to third parties, or share sign-in credentials; or

• misrepresent the origin of content or remove attribution or branding that these Terms allow us to display.

We may investigate suspected violations and take action we consider appropriate, including removing content from our systems, throttling or suspending features, terminating access, and reporting to authorities.

11. Plans, Billing, Cancellation and Refunds

Plans. Strokes offers a Free plan and a paid subscription plan (currently Pro). Plan contents and prices are listed at https://strokes.ink/pricing and may differ by region and currency.

Billing. Paid plans are billed in advance on a recurring basis (monthly, or annually where offered) through our third-party payment processor. By subscribing, you authorize us and our processor to charge your payment method for the plan price and applicable taxes at each renewal until you cancel. Keep your payment information current. If a payment fails, we may retry it and may move your account to the Free plan until payment succeeds.

Taxes. Prices exclude taxes unless stated otherwise. Where we are required to collect sales tax, VAT or similar taxes, they will be added to your charge.

Cancellation. You can cancel a paid plan at any time from your account settings. Cancellation takes effect at the end of the current billing period: you keep paid features until then and will not be charged again. When a paid plan ends, your account moves to the Free plan, with its smaller AI Allowance and model access. Your Documents on your device are unaffected.

Refunds. Except where the law requires otherwise, payments are non-refundable, and we do not give refunds or credits for partial billing periods, unused AI Allowance or downgrades. If you are a consumer in the European Union, the United Kingdom or another jurisdiction with a mandatory right of withdrawal, you may cancel within 14 days of purchase. By using paid AI features during that period you request immediate performance and acknowledge that your right of withdrawal is lost for the portion of the service already delivered, to the extent the law allows.

Price changes. We may change prices and plan contents. For existing subscribers, a price increase takes effect at the next renewal after at least 30 days' notice by email or in the application. If you do not agree, cancel before the new price takes effect.

Trials, promotions and credits. Free trials, promotional codes, founding or discounted offers, and referral credits are subject to the conditions stated when they are offered, may be limited to one per person, have no cash value, and may be withdrawn in cases of abuse.

12. Beta and Early-Access Features

We may label features as beta, preview, experimental or early access, or offer them to certain plans before general release. Such features may be incomplete, may change or be withdrawn without notice, may not work as intended, and are provided "as is" without warranties or support commitments. Your comments on them are Feedback under Section 14.

13. Third-Party Services and Service Providers

We rely on third parties to provide the Service, including AI Providers, cloud hosting and database providers, payment processors, analytics, email, crash-reporting, customer-support and community services. They process data on our behalf as described in the Privacy Policy. We may change service providers at any time.

Some features connect to or accept content from services you use, such as Google Docs or Notion. Those services are governed by their own terms, we are not responsible for them, and we may stop supporting any third-party integration or format at any time.

14. Feedback

We welcome feedback, suggestions and ideas about the Service ("Feedback"), including in our Discord community. Feedback is voluntary. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, disclose and build on Feedback for any purpose without notice, compensation or attribution to you, and you agree that Feedback gives you no right, title or interest in the Service. Feedback does not include your Documents.

15. Our Intellectual Property

The Service, including the application, the website, their design, text, graphics, software, prompts, model configurations and the Strokes name and logo, is owned by us or our licensors and protected by intellectual property laws. Apart from the license in Section 4 and the rights to Output in Section 6, these Terms give you no rights in the Service. You may not use the Strokes name or logo without our written permission, except to state truthfully that a document was made with Strokes.

16. Copyright Complaints

We respect intellectual property and respond to notices of alleged infringement on Published Pages and other content hosted on our systems, in accordance with the U.S. Digital Millennium Copyright Act (DMCA) and similar laws.

To report infringement, send a notice to hello@strokes.ink or to our postal address in Section 23 that includes: (a) identification of the copyrighted work; (b) the URL of the material you claim is infringing; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner; and (f) your physical or electronic signature.

If we remove content in response to a notice, we will notify the user who published it, who may submit a counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances.

17. Termination

By you. You may stop using the Service at any time. You may delete your account from your account settings or by emailing hello@strokes.ink. Deleting your account ends any paid plan (without a refund except as Section 11 provides), takes your Published Pages offline, and deletes the data we hold for your account as described in the Privacy Policy. Your Documents remain on your device and remain yours.

By us. We may suspend or terminate your account or your access to some or all of the Service if you breach these Terms, if we are required to by law, if your paid plan is unpaid, if your account has been inactive for an extended period (with prior notice), or if we discontinue the Service or a part of it. If we terminate your account without cause or discontinue the Service, we will give reasonable notice and refund any prepaid fees for the unused part of your billing period.

Effect. On termination your license to the application and your right to use the Service end, your Published Pages go offline, and we may delete account data on our systems. Files on your device are not affected, but account and AI features in the application will stop working. You can export your Documents to standard formats at any time before or after termination.

Survival. Sections that by their nature should survive termination do, including Sections 5 (ownership and license as to content still on our systems), 6 (ownership of Output), 14, 15 and 18 to 22.

18. Indemnification

You agree to indemnify and hold harmless Happy Vibes, Inc. and its officers, directors, employees, contractors, agents and licensors from any claims, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Documents, Input, Published Pages or your use of Output; (b) your violation of these Terms, an AI Provider's usage policies, or applicable law; or (c) your violation of any third-party right, including intellectual property, privacy or publicity rights. We may take over the defense of any matter subject to indemnification, in which case you will cooperate with us.

19. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING THE APPLICATION, AI FEATURES, OUTPUT AND PUBLISHED PAGES, IS 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 AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME; (B) DEFECTS WILL BE CORRECTED; (C) OUTPUT WILL BE ACCURATE, COMPLETE, ORIGINAL, NON-INFRINGING OR SUITABLE FOR YOUR PURPOSES; (D) ANY PARTICULAR AI MODEL OR AI PROVIDER WILL REMAIN AVAILABLE; OR (E) DOCUMENTS STORED ON YOUR DEVICE WILL NOT BE LOST, CORRUPTED OR ALTERED, INCLUDING THROUGH EDITS YOU ACCEPT.

WE ARE NOT RESPONSIBLE FOR THE ACTS, CONTENT OR SERVICES OF THIRD PARTIES, INCLUDING AI PROVIDERS AND THE SERVICES YOU IMPORT FROM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION OR THE UNITED KINGDOM, NOTHING IN THESE TERMS LIMITS YOUR STATUTORY RIGHTS.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HAPPY VIBES, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING AI PROVIDERS AND OTHER SERVICE PROVIDERS (TOGETHER, "SUPPLIERS"), WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, DOCUMENTS OR GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING RELIANCE ON OUTPUT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HAPPY VIBES, INC. AND ITS SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE APPLICABLE LAW SO PROVIDES. THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US.

21. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT.

Talk to us first. Before starting any formal proceeding, you agree to contact us at hello@strokes.ink with a description of the dispute and to try in good faith to resolve it informally for at least 30 days. We will do the same before starting a proceeding against you.

Binding arbitration. If we cannot resolve a dispute informally, you and we agree to resolve any dispute arising out of or relating to these Terms or the Service (a "Claim") by binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

Arbitration does not involve a judge or jury. A neutral arbitrator hears both sides and issues a decision that is binding on both parties and can award the same relief as a court. Court review of an arbitration award is limited.

Rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org, or by a comparable body if the AAA is unable to act. Fees are governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we will pay all filing, administration and arbitrator fees for Claims under US$10,000, and we will not seek our attorneys' fees and costs if we prevail. The arbitration may be conducted in writing, remotely (for example by videoconference), in Austin, Texas, or at another location we both agree to. The Federal Arbitration Act governs this Section.

Starting arbitration. To start arbitration against us, send a written request describing your Claim to hello@strokes.ink and to the postal address in Section 23. If we start arbitration against you, we will notify you at the email address on your account.

No class actions. YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PEOPLE. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM, THE ARBITRATION AGREEMENT DOES NOT APPLY TO THAT CLAIM.

30-day opt-out. You may opt out of this arbitration agreement by emailing hello@strokes.ink with your name and account email within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Consumers outside the United States. If you are a consumer in the European Union, the United Kingdom or another jurisdiction whose law does not allow mandatory pre-dispute arbitration of consumer claims, this Section does not deprive you of the right to bring a claim in the courts of your country of residence or of any other protection under mandatory local law. EU consumers may also use the European Commission's online dispute resolution platform.

22. General Terms

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we publish for specific features or offers, are the entire agreement between you and us about the Service and replace any earlier agreements, including previous versions of these Terms published under the names Stroke or Strokes.

Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of the assets related to the Service, or to an affiliate. Any assignment in violation of this Section is void.

Waiver and severability. Our failure to enforce a provision is not a waiver of it. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of these Terms remain in effect.

Governing law. These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to Section 21, any court proceeding will be brought in the state or federal courts located in Travis County, Texas, and you consent to their jurisdiction. If you are a consumer outside the United States, this does not deprive you of the protection of mandatory laws of your country of residence.

Notices. We may give you notices by email to the address on your account, in the application, or by posting on https://strokes.ink. Email notices are deemed received when sent. You may send notices to us at the addresses in Section 23.

Export controls and sanctions. You will comply with applicable U.S. and other export control and sanctions laws. You may not use the Service where those laws prohibit it, including if you are located in or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions, or if you are on a U.S. government restricted-party list.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of AI Providers or other service providers, internet failures, or acts of government.

No third-party beneficiaries. Except for Suppliers under Section 20, these Terms create no rights for anyone other than you and us.

Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.

23. Contact Us

Questions about the Service or these Terms: hello@strokes.ink. Community support is available on our Discord server, linked from https://strokes.ink.

Happy Vibes, Inc.

1606 Headway Cir STE 9794

Austin, Texas 78754

United States

Exhibit A — Definitions

• "Account" means the user account you create with us to use AI features, Share to Web or paid plans.

• "AI Allowance" means the amount of AI usage included in your plan for a billing period, as described in Section 7.

• "AI Provider" means a third party whose AI models power AI features in the Service, as shown in the application.

• "Application" means the Strokes desktop software for macOS, Windows and any other platform we support, including updates.

• "Documents" means the files you create, import, edit or store with the Application, including text, images, tables and other content in them, whether or not created with AI assistance.

• "Feedback" has the meaning in Section 14.

• "Input" means content you submit to an AI feature, including selected text, Documents and project files the AI reads, instructions, voice input, and memory and other context the AI keeps for you.

• "Output" means content an AI feature generates in response to Input, including text, images and proposed edits.

• "Published Page" means a read-only copy of a Document made available at a public URL through Share to Web.

• "Service" means the Application, the strokes.ink website, Published Pages and the related services we provide, as described in Section 2.

• "Suppliers" has the meaning in Section 20.