Terms of Service | Den

1. Agreement

These Terms of Service ("Terms") are an agreement between you and Borg Labs, LLC, a Delaware limited liability company ("Borg Labs," "we," "us," or "our"). They govern your use of the Den: Couples & Relationship app and the website tryden.app (together, "Den"). By creating an account or using Den, you agree to these Terms. If you don't agree, don't use Den.

Our Privacy Policy explains how we handle your information. Section 15 requires most disputes to be resolved through individual arbitration rather than in court, and waives class actions. Please read it.

2. Eligibility

You must be at least 18 years old to use Den. By using Den, you confirm that you're 18 or older and that the laws where you live allow you to use it.

3. Your Account

You can sign in with a phone number, an email address, Sign in with Apple or Sign in with Google.
Give accurate information, keep your sign-in secure, and don't share your account. Each person needs their own account.
You're responsible for activity on your account. If you think someone else has used it, email support@borglabs.us.

4. Your Partner and Your Shared Den

Den connects two accounts in a partnership. Most of what you add is shared with your partner, including messages, photos, answers, memories, drawings and moods. Honey, items unlocked with Honey, and Premium are shared too.
Either partner can end the partnership. Shared content then stays for 30 days, and you can restore the partnership if you both agree. After that, the shared Den is permanently deleted for both of you, including your partner's contributions, your Honey and your unlocked items.
If either of you deletes your account, the partnership ends the same way.
Your partner can save, screenshot or share what you send. We can't control that, so share only what you're comfortable sharing.

5. Your Content

You own the content you create in Den.
You give Borg Labs a worldwide, non-exclusive, royalty-free license to host, store, process, transmit and display your content only as needed to run Den and keep it secure. For example, we use it to show your content to your partner, in widgets and notifications, and in share cards you create. This license ends when your content is deleted, apart from backup copies kept for a limited time.
You're responsible for your content. You confirm that you have the right to share it and the consent of anyone who appears in it.
We don't routinely monitor private content. We may review and remove content, and limit or close accounts, when we learn that they break these Terms.

6. Content and Conduct Rules

Private sexually explicit content between consenting adults is allowed in Den. You may not use Den to share, create or do any of the following:

Sexual or exploitative content involving anyone under 18.
Intimate or sexual content of anyone without their consent. This includes sharing your partner's intimate content outside Den without their consent.
Content that is exploitative, abusive or illegal, or that promotes illegal activity.
Harassment, threats, coercion or abuse, including toward your partner.
Tracking, monitoring or controlling someone without their consent.
Impersonating someone or misrepresenting who you are.
Content that infringes someone else's intellectual property or privacy.
Accessing other people's accounts or data, interfering with Den, or scraping, abusing or reverse engineering Den or its systems.

We may remove content, suspend or close accounts, and report illegal content, including child sexual abuse material, to the appropriate authorities.

7. Location Sharing

Location sharing is optional. It's on while you give Den "Always" location access, and it shares your precise location with your partner, including in the background.
Turn on location sharing only on your own phone. Never use Den to track someone without their knowledge and consent.
You can stop sharing anytime by changing Den's location access in iOS Settings.
Location and distance information can be delayed or wrong. Den isn't a safety or emergency service, so don't rely on it for either.

8. Premium, Honey and Purchases

Den is free to use. Optional purchases are sold through Apple's App Store:

Premium is a monthly or yearly subscription. One subscription covers both partners while you're paired. If the partnership ends, only the person who pays keeps Premium.
Honey is an in-app currency. You can earn it in Den or buy it, and spend it to unlock outfits, decorations, question packs and other items.

Apple processes all payments, and Apple's terms and refund policies apply. Borg Labs doesn't control billing or refunds.
Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. A free trial, where offered, becomes a paid subscription unless you cancel at least 24 hours before the trial ends. Manage or cancel your subscription in iOS Settings → your name → Subscriptions. Deleting your account doesn't cancel a subscription.
Honey and unlocked items are a limited license to use digital items in Den, not property. They have no cash value. They can't be transferred, sold or exchanged for money, and they aren't refundable except as required by law or by Apple's policies. Honey you buy goes into the balance you share with your partner.
Honey and unlocked items belong to your shared Den. If your partnership ends and isn't restored within 30 days, or if your account is deleted, they're permanently lost, including Honey you bought.
We may change prices, Premium features, Honey amounts and the items available. If Apple refunds a purchase, we may remove the Honey or items it paid for.

9. Den's License and Ownership

Den is owned by Borg Labs or its licensors and protected by law. That includes the app, the website, the bears, the artwork, the questions, the games and the music.
We give you a personal, limited, non-exclusive, non-transferable and revocable license to use Den for your own non-commercial use, under these Terms.
Don't copy, modify, distribute, sell or reverse engineer Den, except where the law allows it.
If you send us feedback or ideas, we may use them without any obligation to you.

10. Changes to Den

We're always working on Den, so features may change, be added or be removed. We may require you to update the app to keep using it. We may also stop offering Den; if we do, we'll try to give you reasonable notice.

11. Ending Your Use of Den

You can stop using Den at any time. To delete your account, open Settings in Den, scroll to Danger zone and tap Delete Account. Your account is deleted after 30 days unless you sign back in. Our Privacy Policy explains what happens to your data.
We may suspend, restrict or close your account if you break these Terms, if it's needed for safety or security, if the law requires it, or if we stop offering Den. Where appropriate, we'll tell you why.
If we close your account for breaking these Terms, you lose access to Honey, unlocked items and Premium features without a refund, except where the law requires one.
Some sections still apply after your account ends because of what they cover: ownership, disclaimers, limits of liability, indemnification and dispute resolution.

12. Disclaimers

DEN IS PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent the law allows, Borg Labs disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that Den will be uninterrupted, error-free or secure, or that content won't be lost, so keep your own copies of anything important.

Den is for fun and connection. It isn't medical, psychological, legal or other professional advice, and it isn't a safety or emergency service. Some places don't allow certain disclaimers, so some of these may not apply to you.

13. Limitation of Liability

To the fullest extent the law allows, Borg Labs and its members, employees and agents won't be liable for any indirect, incidental, special, consequential or punitive damages. That includes loss of data, content, profits or goodwill arising from or related to Den or these Terms.

Our total liability for any claim related to Den or these Terms is limited to the greater of the amount you paid for Den in the 12 months before the claim or US$100.

These limits don't apply where the law doesn't allow them.

14. Indemnification

You agree to defend, indemnify and hold harmless Borg Labs and its members, employees and agents against claims, damages, losses and expenses, including reasonable legal fees, that arise from your content, your use of Den, or your breach of these Terms or of someone else's rights.

15. Disputes and Arbitration

Talk to us first. Before filing a claim, email support@borglabs.us and describe the dispute. We'll try to resolve it informally within 60 days.
Binding arbitration. If we can't resolve it, you and Borg Labs agree that any dispute arising from or related to Den or these Terms will be settled by final, binding, individual arbitration. The American Arbitration Association will run it under its Consumer Arbitration Rules, and fees are paid as those rules provide. Hearings can take place by video or phone, or in the county where you live.
Exceptions. Either of us may bring an individual claim in small claims court. Either of us may also ask a court to stop infringement or misuse of intellectual property.
No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. You and Borg Labs both waive the right to a jury trial. If this waiver is found unenforceable for a claim, that claim goes to court, not arbitration.
Opting out. You can opt out of this section by emailing support@borglabs.us within 30 days of first agreeing to these Terms. Include your name, the phone number or email on your account, and a statement that you're opting out.
Outside the U.S. If you live in the EU, the UK or another country whose laws don't allow this section, it doesn't apply to you, and you keep any right to bring claims in your local courts.

16. Governing Law

Delaware law governs these Terms, without regard to its conflict-of-law rules. Any claim that isn't subject to arbitration will be brought in the state or federal courts in Delaware, and you and Borg Labs consent to their jurisdiction. This doesn't take away any protections that the mandatory laws of your home country give you.

17. Apple

If you downloaded Den from Apple's App Store, these terms apply:

These Terms are between you and Borg Labs, not Apple. Apple isn't responsible for Den or its content.
You may use Den only on Apple-branded devices that you own or control, as the App Store's Usage Rules allow.
Apple has no obligation to provide maintenance or support for Den.
If Den doesn't meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent the law allows, Apple has no other warranty obligation for Den.
Borg Labs, not Apple, is responsible for any claims about Den. That includes product liability claims, claims that Den doesn't meet legal or regulatory requirements, and consumer protection and privacy claims.
Borg Labs, not Apple, is responsible for investigating, defending and settling any claim that Den infringes someone's intellectual property.
You confirm that you're not in a country subject to a U.S. government embargo or designated as "terrorist supporting," and that you're not on any U.S. list of prohibited or restricted parties.
You must follow any third-party terms that apply when you use Den, such as your wireless carrier's.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. General

These Terms and our Privacy Policy are the entire agreement between you and Borg Labs about Den.
If any part of these Terms is found unenforceable, the rest stays in effect.
If we don't enforce a right, we haven't given it up.
You may not transfer these Terms or your account. We may transfer them as part of a merger, acquisition or sale of assets.
We aren't responsible for delays or failures caused by events outside our reasonable control.

19. Changes to These Terms

We may update these Terms and will change the effective date at the top when we do. If a change is significant, we'll tell you in the app or by other reasonable means before it takes effect. If you keep using Den after the change, you accept the updated Terms. Changes to Section 15 won't apply to disputes we already know about.

20. Contact Information

Borg Labs, LLC

131 Continental Drive, Suite 305

Newark, Delaware 19713

Email: support@borglabs.us