Terms of Service
Last updated: January 2025
1. Acceptance of Terms
By accessing or using Withness Games ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.
2. Description of Service
Withness Games is a ChatGPT App that provides interactive narrative game experiences. Our Service includes:
- Text-based interactive storytelling games with AI companions
- Multiple story scenarios with branching narratives
- Cooperative gameplay where you make choices alongside an AI character
The Service is provided free of charge and requires no account or registration.
3. ChatGPT Platform Requirements
Our Service operates exclusively through OpenAI's ChatGPT platform. To use our Service:
- You must have access to ChatGPT (free or paid)
- You must comply with OpenAI's terms of service and usage policies
- You must meet ChatGPT's age and eligibility requirements
We are not affiliated with OpenAI. Any issues with the ChatGPT platform itself should be directed to OpenAI.
4. Eligibility
You must meet ChatGPT's minimum age requirements to use the Service. By using the Service, you represent that you meet these requirements and have the legal capacity to enter into these Terms.
5. Acceptable Use
You agree to use the Service only for its intended purpose: playing interactive story games. You agree not to:
- Attempt to exploit, hack, or reverse engineer the Service
- Use automated systems or bots to interact with the Service
- Attempt to extract game solutions, secrets, or source code
- Interfere with or disrupt the Service or its infrastructure
- Use the Service for any unlawful purpose
- Share or redistribute game content without permission
6. Game Sessions
When you play our games:
- A temporary game session is created with a random identifier
- Your progress is saved for the duration of the session
- Sessions are automatically deleted after 24 hours of inactivity
- We cannot recover deleted sessions
- There is no way to save, export, or transfer game progress
7. Intellectual Property
7.1 Our Content
All content, features, and functionality of the Service, including but not limited to:
- Story scenarios, narratives, and dialogue
- Character designs and personalities
- Game mechanics and puzzle designs
- Artwork, graphics, and visual elements
- Software and underlying code
are owned by Withness Games and protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial entertainment purposes only.
7.3 Restrictions
You may not:
- Copy, modify, or create derivative works based on the Service
- Distribute, publicly display, or publicly perform Service content
- Use Service content for commercial purposes
- Remove any copyright or proprietary notices
8. User Content
Our Service does not collect, store, or process user-generated content. Your conversations with the AI companion are processed by OpenAI's ChatGPT, not by us. We only receive and process game commands (actions you take in the game).
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT
We do not guarantee that game sessions will be preserved, that progress will be saved, or that the Service will be available at any particular time.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- WITHNESS GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE (WHICH IS ZERO, AS THE SERVICE IS FREE)
- WE ARE NOT LIABLE FOR ANY LOSS OF DATA, GAME PROGRESS, OR INABILITY TO ACCESS THE SERVICE
Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless Withness Games and its operators from any claims, damages, losses, or expenses (including reasonable attorney fees) arising out of:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third party rights
12. Service Modifications and Termination
We reserve the right to:
- Modify, update, or discontinue any aspect of the Service at any time
- Add, change, or remove game scenarios and content
- Suspend or terminate access to the Service for any reason
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
13. Changes to Terms
We may revise these Terms at any time by updating this page. Changes are effective immediately upon posting. The "Last updated" date at the top indicates when the Terms were last revised. Your continued use of the Service after changes constitutes acceptance of the revised Terms.
14. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Withness Games regarding the Service and supersede any prior agreements.
17. Contact Us
If you have questions about these Terms, please contact us through our feedback form.