Effective [EFFECTIVE DATE — SET AT PUBLICATION] · Prior versions: none — this is the initial version · Premade, LLC
PLEASE READ THESE TERMS CAREFULLY. SECTION 14 CONTAINS A BINDING INDIVIDUAL-ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER. THEY AFFECT YOUR RIGHT TO SUE IN COURT AND TO A JURY TRIAL. SECTION 14.2 EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS — OPTING OUT DOES NOT AFFECT YOUR SERVICE.
These Terms of Service ("Terms") are a contract between you and Premade, LLC, a Florida limited liability company ("Nonchalant," "we," "us"), governing the Nonchalant app and website. You accept them by the specific action described on the signup screen (for example, tapping Create account after checking the agreement box). We never treat browsing, receiving marketing, or "continued use" as acceptance. If you do not agree, do not create an account.
Nonchalant is an AI coaching tool. You share a conversation you are part of — as a screenshot or pasted text — and Nonchalant suggests possible replies in the style of coaching archetypes.
Every time you share a conversation, you represent that: (a) you are a participant in that conversation; (b) you have the right to share it and are not violating any duty of confidence in doing so; (c) everyone in it is 18 or older; (d) you did not obtain it by accessing someone else's device, account, or communications without authorization; and (e) you will not use Nonchalant to harass, stalk, defraud, or contact anyone who has asked you to stop.
We may refuse to process any upload and may terminate accounts that violate this section.
You may not: use Nonchalant on any conversation involving a person under 18 (independently of anything you confirm, the app refuses analysis whenever it detects signals that someone in the conversation may be under 18); upload content you obtained unlawfully; use the service for harassment, stalking, or fraud; attempt to generate sexually explicit content; attempt to defeat the safety systems, trial limits, credit metering, or geographic controls; probe, reverse engineer, or resell the service or its output as a service; use the service in violation of law. We may refuse processing, suspend, or terminate for violations (§15).
Process-then-delete in one paragraph: uploads are processed to generate your suggestions, then deleted — raw screenshots and messages are never stored (extracted text is held in an encrypted cache for at most 1 hour after upload, then deleted); we keep only your account records, content-free read summaries, the reply options we generated, and de-identified per-contact coaching notes you can delete anytime; nothing you upload is ever used to train AI models, and we never sell personal data. Our AI provider (Anthropic) is contractually barred from training on your content and deletes its API copies on its own schedule — within 30 days, longer for content its automated safety systems flag — as described in the Privacy Policy §6. One legal exception to our own deletion promises: content we are legally required to preserve (Privacy Policy §9). Full detail: Privacy Policy.
Keep your login secure; you are responsible for activity on your account. You may close your account anytime in-app or via our deletion page; §8.6 explains what happens to credits.
8.1 Credits. Nonchalant meters usage in credits. Credits are a limited, revocable, non-transferable license to use service features — they are not money, have no cash value, are not redeemable for cash except where the law requires, and cannot be gifted or transferred. A standard analysis ("read") costs 2 credits and accepts up to 5 screenshots at that price (6–20 screenshots: 3 credits; more: 4 credits; optional deep mode: +2). We never charge dormancy, inactivity, maintenance, or service fees on credits of any kind.
8.2 Two kinds of credits.
8.3 Subscriptions auto-renew. Subscriptions renew automatically each period at the price shown at checkout until you cancel. Before you pay, we show you: the price and billing frequency, the renewal term, what's included (including that plan credits lapse at period end), and how to cancel. You must separately and affirmatively consent to the auto-renewal terms at checkout. We send an acknowledgment email with the full terms and cancellation instructions after every new subscription, and a reminder at least annually.
8.4 Cancel anytime, online. Cancel in the app (Google Play subscriptions are managed through Google Play's cancellation flow) or, for web subscriptions, with the Cancel button in your account — immediate, online, no phone calls, no hoops. Cancellation stops future charges; you keep access and plan credits through the end of the paid period.
8.5 Fair use and overage. After 30 standard reads in one day, additional reads that day cost double credits — and are only ever charged after you explicitly accept the double price for that read. Blocked reads and free re-generates never count against the cap.
8.6 Account closure and credits. If you close your account, plan credits end with the current period and unused purchased credits are forfeited only after a clear warning in the deletion flow — or, at your request made before or within 30 days after closure, we will refund unused purchased credits. If we terminate your account — for any reason, including a breach of these Terms — or discontinue the service, we refund your unused purchased credits; the only exception is credits that were themselves obtained by payment fraud or chargeback abuse. Plan credits always end with the paid period.
8.7 Refunds. Google Play purchases follow Google Play's refund process (within 48 hours, Google handles it; after that, contact us and we will handle reasonable requests through the Play Console). Web purchases: if you request a refund within 14 days of a subscription charge and you have used substantially none of that period's plan credits, we refund it in full; purchased top-ups are refundable per §8.6; where §8.8's price-change terms give you a refund right, it controls. Nothing in this section waives any non-waivable statutory refund right.
8.8 Price changes. We will not change a subscription price or credit cost silently. We give written notice at least 10 days and at most 30 days before any change takes effect, with how to cancel; for a price increase on an existing subscription we will either obtain your fresh affirmative consent before charging the new price (Google Play's price-change consent flow on mobile) or let you cancel within at least 14 days after the first changed charge with a pro-rata refund of the remaining term.
8.9 Trial. New users get 3 free reads (lifetime, enforced per device to prevent repeat trials). The trial collects no payment information and never converts into a paid plan by itself — paying always requires your separate, explicit purchase.
8.10 Taxes; checkout disclosures. Prices exclude applicable taxes, shown at checkout. The web checkout page displays our refund policy, legal name ("Premade, LLC"), and street address.
The Nonchalant software, archetypes, prompts, and branding are ours (or our licensors'). Your conversations are yours: you grant us only the limited license needed to process what you upload to provide the service as described in §6 — nothing more. As between you and us, you own the suggestions generated for you; you may use them personally, but you may not resell the service's output as a service. Feedback you send us may be used to improve the product without obligation.
AI suggestions can be wrong, awkward, or a bad read of the situation. They reflect the conversation you shared and coaching styles — not knowledge of the other person. Do not treat them as fact. You can report any suggestion in-app (without leaving the app) and we use reports to improve filtering and moderation. If a conversation shows signs of crisis or self-harm, Nonchalant declines to coach and shows crisis resources instead (988) — that behavior is intentional and not a defect. That detection is automated and can miss signals: Nonchalant is never a substitute for professional help, and if you or someone you're messaging may be in crisis, contact 988 or emergency services directly, regardless of what this app shows.
Nonchalant is not affiliated with, or endorsed by, Instagram, Tinder, or any messaging platform. Because Nonchalant never connects to any platform, using it does not give any platform access to anything — but what you do on a platform (including the messages you send) is governed by that platform's own terms, and is your responsibility. We may stop supporting analysis of content from a particular platform at any time, including in response to a legal demand; if we do, your credits remain usable for everything else, and §8.7 covers recent purchases.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SUGGESTIONS WILL BE ACCURATE, EFFECTIVE, OR RIGHT FOR YOUR SITUATION, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS — SEE §19 (STATE-SPECIFIC TERMS) AND §13'S SAVINGS CLAUSE.
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS CAPPED AT THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (ii) $100.
These limits do not apply to: fraud, willful injury to person or property, gross negligence or willful misconduct, violations of law (Cal. Civ. Code §1668), either party's §14 obligations, or any liability that cannot be limited by applicable law. Nothing in these Terms limits any non-waivable right you have under the law of your state of residence. Nothing in this §13 limits any remedy the arbitrator must remain able to award under §14.4 or the administering provider's consumer-arbitration standards — in arbitration, where the two conflict, the broader remedy controls.
PLAIN-ENGLISH SUMMARY (accurate — not marketing): we first try to resolve any dispute one-on-one (§14.1). If that fails, disputes are resolved by binding individual arbitration administered by JAMS, a national arbitration provider, rather than in court, and you and we each waive class actions (§14.4–14.5). You can opt out of arbitration entirely within 30 days (§14.2). Small-claims court is always available to either of us (§14.3), and the carve-outs in §14.3 are unaffected. YOU AND NONCHALANT EACH WAIVE THE RIGHT TO A TRIAL BY JURY for arbitrated disputes, as a consequence of arbitration.
14.1 Informal dispute resolution (required first step, individually). Before arbitration, the party with a dispute sends a written, individualized Notice of Dispute (name, account email, description, relief sought) to disputes@staynonchalant.com (or we send yours to your account email). Both parties then have 60 days to try in good faith to resolve it (phone/video conference on request of either party). All statutes of limitations and contractual deadlines are tolled from the date a complete Notice is received until 60 days later (and, if §14.6 batching applies, while a demand waits in a batch queue). Nothing in these Terms shortens any statutory limitations period.
14.2 Your right to opt out (30 days, one email). You may opt out of this arbitration agreement and class waiver entirely — with no effect on your service or price — by emailing arbitration-opt-out@staynonchalant.com within 30 days of first accepting these Terms (or of accepting any material change to this §14), stating your name, account email, and that you opt out. That's it — no forms, no mail, no notarization. If you opt out, disputes proceed in court under §18's venue rules.
14.3 What never goes to arbitration (carve-outs).
(a) Small claims: either party may bring an individual claim in the small-claims court for your county of residence, and either party may elect to move a pending arbitration-eligible individual claim there if it qualifies.
(b) Sexual-assault or sexual-harassment disputes: as provided by the federal Ending Forced Arbitration Act (9 U.S.C. §§401–402), if your case relates to a sexual-assault or sexual-harassment dispute, you may elect to proceed in court instead, and a court (not the arbitrator) decides whether that Act applies.
(c) Public injunctive relief (California): claims for public injunctive relief under California's UCL, CLRA, or FAL may be pursued in court; arbitrable portions of the dispute proceed in arbitration first, with the court claim stayed meanwhile.
(d) IP injunctions: either party may seek preliminary injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the service, without waiving arbitration of the merits.
14.4 Arbitration agreement. Except as provided in §14.2–14.3, all disputes arising out of or relating to these Terms or the service are resolved by binding arbitration on an individual basis, administered by JAMS under its applicable arbitration rules as published and in effect when the arbitration is filed, applied in accordance with the JAMS Consumer Arbitration Minimum Standards, and — for filings within §14.6 — the JAMS Mass Arbitration Procedures and Guidelines, which you and we expressly agree govern such filings (rules at jamsadr.com). The Federal Arbitration Act (9 U.S.C. §§1–16) governs this §14. We commit to paying every administrator fee required of us to keep the primary forum available. If JAMS is unavailable or declines to administer for any reason other than our own nonpayment or failure to satisfy its requirements, the parties will use the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules — and we will complete any registration the AAA then requires within 30 days; if we fail to, you may at your election proceed in court under §18 instead. Failing both administrators, a court will appoint a consumer-arbitration administrator with equivalent consumer due-process standards. The arbitrator: is selected strictly under the administering rules (we have no override of your strikes); may award every individual remedy a court could (including statutory damages and attorneys' fees where law provides); hearings, if any, occur in your county of residence or by videoconference, at your election. Judgment on the award may be entered in any court with jurisdiction.
14.5 Class-action waiver (with its own narrow non-severability). Each party may bring claims against the other only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any class-wide proceeding. If this specific §14.5 waiver is held unenforceable as to a dispute, then this entire §14 (other than §14.1 and the §14.3 carve-outs) is void as to that dispute, which then proceeds in court under §18 — arbitration never mutates into class arbitration.
14.6 Many similar claims (staged handling — fully individual, no bellwether preclusion). If 25 or more demands of a substantially similar nature are filed against either party by claimants with the same or coordinated counsel (the amount the parties hereby specify for the mass-filing definition, as the JAMS Mass Arbitration Procedures expressly permit), the administering provider's mass-arbitration procedures apply — for JAMS, the Mass Arbitration Procedures and Guidelines that §14.4 expressly invokes, under which a neutral Process Administrator handles scheduling, sequencing, filing-requirement, and fee-administration questions and the demands are administered in stages — every case remaining a fully individual arbitration. The Process Administrator (or any equivalent officer under a fallback administrator's rules) may not decide any merits, gateway or arbitrability, or common legal or factual question in a way that binds a claimant who did not individually litigate it; every such question is decided anew in each individual arbitration.
The following commitments are ours by contract and apply whichever administrator administers — and survive even where no mass-arbitration procedure is available, in which case demands proceed as ordinary individual arbitrations: every claimant always retains individual notice, participation, evidence, and an individual award; no ruling binds any claimant who was not a party to it; appeal and procedural rights are identical for both sides; limitations periods remain tolled for queued demands (§14.1); any queued claimant may elect small claims court (§14.3(a)) at any time; and if a demand has not been reached for arbitration within 24 months of its filing, that claimant may elect to proceed in court under §18 instead.
14.7 Fees. Your filing fee is capped at the consumer filing fee under the JAMS Consumer Arbitration Minimum Standards (currently $250); we pay all remaining administrative fees and the arbitrator's compensation as those standards and the JAMS fee schedules provide (if the AAA fallback applies, the AAA Consumer fee schedule's consumer cap — currently $225 — and business-pays allocation apply instead). Fee awards follow the administering rules and applicable law.
14.8 Severability within §14; survival. Except as §14.5 provides, if any part of this §14 is held unenforceable as to a particular claim or remedy, that claim or remedy (and only it) proceeds in court under §18, and the rest of this §14 stays in force. This §14 survives termination of your account, subscription, or these Terms, but applies only to claims accruing while it was in effect — never retroactively to claims that accrued before you accepted it.
We may suspend or terminate accounts for material breach (including §4 representations that prove false, §5 violations, minor-involvement signals, circumvention, or false attestations), with the credit consequences in §8.6. You may stop using the service and close your account at any time. Sections 6, 9, 12–14, and 16–20 survive.
The service is offered to United States residents only. We do not offer the service in — and block access from — the European Union and European Economic Area, the United Kingdom, Monaco, any country or region subject to comprehensive US sanctions, and certain other regions we choose not to serve. You represent you are not located in, or a resident of, any such jurisdiction and are not a sanctioned party.
We may update these Terms prospectively only. Changes never apply to claims that have already accrued. For material changes we give advance notice in-app or by email; for any material change to §14 (dispute resolution) we require a fresh affirmative acceptance (the same checkbox flow) and a fresh 30-day opt-out window — and until you accept, the prior version's §14 continues to govern. We never bind you by mere posting or continued browsing.
Florida law governs these Terms, except that (a) the Federal Arbitration Act governs §14, and (b) if you reside in a state whose law gives you mandatory, non-waivable consumer protections, those protections apply to you notwithstanding the choice of Florida law. Court-eligible claims (opt-outs, carve-outs, small claims) proceed in the state or federal courts covering your county and state of residence or, at your option, those covering Duval County, Florida.
New Jersey: if you are a New Jersey resident, the following two provisions — and only these two — apply to you in modified form: (1) §12 (warranty disclaimer) does not disclaim any warranty or right you have under the New Jersey Consumer Fraud Act or other New Jersey statute; (2) §13 (limitation of liability) does not limit our liability for negligence resulting in personal injury, for punitive damages where a New Jersey statute provides them, or for statutory consumer rights under the New Jersey Consumer Fraud Act. Every other provision of these Terms applies to New Jersey residents as written.
California: you have the rights described in §13's carve-outs (Civ. Code §1668) and §14.3(c) (public injunctive relief); under Civ. Code §1789.3, you may reach the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.
Entire agreement (these Terms + the Privacy Policy); no assignment by you, assignable by us to a successor of the business with notice; no waiver by inaction; if a provision outside §14 is unenforceable, it is limited to the minimum extent necessary and the rest stands; notices to you go to your account email; notices to us: legal@staynonchalant.com and Premade, LLC, 6344 Autumn Berry Cir, Jacksonville, FL 32258-8415.