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Terms of Service

February 20, 2026

Remember that the Terms form a legally binding contract between you and Kilby Labs Inc. ("Kilby Labs", "we", "us"), so please read carefully. We drafted these Terms of Service (also called "Terms") to help you understand the rules that govern your use of Theo, an AI rationality app provided by us, along with any other online, mobile-enabled technology, digital tools, or products and services directly linked to the app and provided by us (together, "the Service").

By using or accessing the Service, you are agreeing to these Terms. If you do not agree with the Terms, then do not use the Service.

1. Basic Terms

  • You must be at least 16 years old to use the Service, and are not barred from using the Services under applicable law.
  • To make a purchase via the Services (described in section four titled "Purchases"), you must be 18 years or older and capable of forming a binding contract.
  • You're responsible for any activity that occurs through your account.
  • You agree to abide by our Terms and not to use the Service in any manner not expressly permitted by the Terms.
  • You will not modify or hack another application or website so as falsely imply that it is associated with Kilby Labs.
  • You will not access Kilby Labs's private API in any way other than via Service made available by Kilby Labs.
  • You will not use any robot, crawler, scraper, or other automated means or interface to access the Service and cache any content from Kilby Labs, including but not limited to other user's information.
  • You will not spam or solicit any user of the service.
  • You will not use viruses, spyware, malware, or other code of a destructive or disruptive nature to interfere or disrupt either (a): any servers or networks connected to the Service or (b): the Service itself such that the Service rendered in the user's device or browser is modified or interrupted.
  • You will not use or develop any third-party application that interacts with the Service or other users' content or information without written consent from Kilby Labs.
  • While Kilby Labs prohibits conduct and Content that infringes on these Terms, you understand and agree that Kilby Labs cannot be held responsible for the Content generated by users of the Service, and that you may be exposed to such materials and you use the Service at your own risk.

2. Rights You Grant Us

  • Kilby Labs is constantly working on the Service, and that means products, features, and functionalities may be added, changed, or removed at any time. Kilby Labs reserves the right to modify or terminate the Service for any reason without notice at any time.
  • Kilby Labs reserves the right to alter the Terms at any time. If necessary, Kilby Labs will notify you.
  • Kilby Labs can deny the Service to anyone for any reason at any time.
  • By submitting any feedback, comments or suggestions ("Feedback"), you grant Kilby Labs the right to use your ideas without compensation. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose.

3. Content

  • Kilby Labs doesn't claim any ownership rights of any music, photos, videos, or other content (together, "Content") that are made available through the Service.
  • The Content is the property of Kilby Labs's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Kilby Labs. You promise and agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Content.
  • The Service and Content are not sold to you or transferred to you. Kilby Labs and its licensors retain ownership of the Service and Content even after installation on your computers, mobile handsets, or other devices.

4. AI-Generated Analyses, Predictions & Disclaimer

  • The Service uses artificial intelligence ("AI") and large language models ("LLMs") to generate probabilistic analyses, Bayesian calculations, predictions, and other outputs (collectively, "AI Outputs") based on information you provide, including journal entries, responses to questions, and other user-submitted data (collectively, "User Inputs").
  • AI Outputs are for informational and educational purposes only. They are designed to help you explore your thinking and reasoning patterns and should be treated as a learning tool — not as authoritative, definitive, or actionable guidance.
  • AI Outputs do not constitute professional advice of any kind. Without limitation, AI Outputs do not constitute medical advice, psychological or psychiatric advice, therapeutic or counseling advice, financial or investment advice, legal advice, or any other form of professional recommendation. The Service is not a substitute for the judgment of a qualified professional.
  • You should always consult qualified professionals including licensed therapists, counselors, physicians, financial advisors, attorneys, or other appropriate experts — before making decisions related to your mental health, physical health, finances, legal matters, or any other area where professional expertise is warranted. You should never delay seeking professional advice, disregard professional advice, or discontinue professional treatment because of any AI Output provided by the Service.
  • AI Outputs may be inaccurate, incomplete, or misleading. AI and LLM technologies are inherently probabilistic and may produce errors, hallucinations, biases, or outputs that appear plausible but are factually incorrect. Kilby Labs makes no representations or warranties regarding the accuracy, reliability, completeness, or correctness of any AI Output. You acknowledge and accept that AI Outputs may contain errors and should not be relied upon as the sole basis for any decision.
  • You use AI Outputs entirely at your own risk. You are solely responsible for any decisions, actions, or conclusions you make based on or influenced by AI Outputs. Kilby Labs shall have no liability whatsoever for any consequences — direct or indirect, foreseeable or unforeseeable — arising from your use of, reliance on, or interpretation of any AI Output.
  • The probabilities, likelihoods, confidence levels, and other quantitative measures presented by the Service are computational estimates. They do not represent objective, empirical, or statistically validated probabilities. You should not interpret them as guarantees or precise measurements of real-world likelihood.
  • Kilby Labs does not endorse, verify, or guarantee any AI Output. The inclusion of any information, source, or conclusion in an AI Output does not imply Kilby Labs's endorsement of its accuracy or suitability for your particular circumstances.
  • If you are experiencing a mental health crisis or emergency, please contact emergency services (911 or your local equivalent), a crisis hotline, or go to your nearest emergency room. The Service is not designed or equipped to handle emergencies.

5. Purchases

We offer enhanced features of the Service that you can purchase as a weekly, monthly, quarterly, or yearly subscription, or as a non-renewing one-time purchase, (“In-App Purchase”). A description of features associated with Purchases is available via the Service. When you purchase an In-App Purchase (a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.

If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Kilby Labs may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You'll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Kilby Labs until accepted and confirmed by Kilby Labs. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Kilby Labs.

Kilby Labs reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Kilby Labs deems appropriate in its sole discretion. Kilby Labs also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Kilby Labs will either not charge you or refund the charges for orders that we do not process or cancel.

All amounts are payable and charged at the beginning of the subscription and, because it renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your weekly, monthly, or yearly subscription before it renews to avoid the billing of the fees for the next subscription period. If you purchase your subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current subscription period.

Kilby Labs reserves the right to change its pricing terms for In-App Purchases at any time and Kilby Labs will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for In-App Purchase renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Kilby Labs's pricing terms then you may choose not to renew your In-App Purchase. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Kilby Labs regarding future functionality or features.

6. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

7. Governing Law

These Terms are governed by the laws of the State of Delaware. You agree to jurisdiction in Delaware courts, except where arbitration applies. For residents of Canada, these Terms are governed by the laws of the province of Ontario or Quebec depending on jurisdiction, without regard to its conflict of laws rules.

8. Dispute Resolution

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, you agree to endeavor first to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILBY LABS INC. AND ITS MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "KILBY LABS PARTIES") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, FINANCIAL, OR INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF KILBY LABS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Arbitration and Class Action Waiver

Disputes must be resolved through binding individual arbitration administered by the American Arbitration Association. Class actions and representative actions are not permitted.

11. Disclaimers

The Service, including, without limitation, Kilby Labs Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, the Kilby Labs Parties don't make any representations or warranties or endorsements of any kind whatsoever, express or implied as to: (a) the Service; (b) the Kilby Labs Content; (c) User Content; or (d) security associated with the transmission of information to Kilby Labs or via the Service. In addition, the Kilby Labs Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

The Kilby Labs Parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the Service available is free from any harmful components, including without limitation, viruses. The Kilby Labs Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your own sole risk. The Kilby Labs Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Kilby Labs Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of service.

By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where access or use the Service.

The Kilby Labs Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any content.

© 2026 Kilby Labs Inc.