These Terms of Service ("Terms") are a binding legal agreement between you ("you," "your," or "User") and Dylan Nassir, an individual operating the service known as "Gilbert" ("Gilbert," the "Service," "we," "us," or "our").
PLEASE READ THESE TERMS CAREFULLY. They include a release of claims and covenant not to sue (Section 16), an arbitration agreement, a class-action waiver, and a jury-trial waiver (Section 20), disclaimers of warranties (Section 14), and a limitation of our liability (Section 15). By using Gilbert you agree to all of them.
> By tapping/typing "I AGREE," sending your first message after being presented with these Terms, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our handling of your data as described here. If you do not agree, do not use the Service.
1. The Service
Gilbert is an artificial-intelligence personal-assistant service delivered over SMS text message and/or email. Gilbert generates responses using third-party large-language-model technology, including the Claude models provided by Anthropic PBC ("Anthropic"). Gilbert is operated by an individual on personal computing equipment. Features, tiers, capabilities, models, and limits may change at any time (Section 6).
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your own personal, non-commercial use. We reserve all rights not expressly granted.
2. Eligibility; Age Requirement
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use Gilbert. The Service is built on Anthropic's technology, which requires consumer users to be 18 or older, and we do not permit any lower age. By using Gilbert you represent and warrant that you are 18 or older. We may terminate any account we believe belongs to a person under 18. The Service is not directed to children, and we do not knowingly collect information from anyone under 18.
3. Account, Access, and Authorized Contacts
a. Whitelisted contacts only. Gilbert responds only to the specific phone number(s) and email address(es) that we have associated with your account. You are responsible for everything said and done through those numbers and addresses, whether or not authorized by you. Keep them secure and under your control.
b. No sharing or transfer. Your access is personal to you. You may not share, lend, sell, sublicense, rent, or transfer your access, account, or any contact slot to anyone else.
c. Accuracy. You agree to provide accurate information and to keep it current.
4. Acceptable Use; Prohibited Conduct
You agree not to use Gilbert, and not to permit or encourage anyone else to use Gilbert, to:
a. Anything illegal. Violate any applicable law, regulation, or third-party right, or facilitate, promote, or attempt any unlawful activity of any kind.
b. Resell or rebrand. Resell, sublicense, white-label, rebrand, redistribute, or otherwise make the Service available to any third party, or use it to build, train, or operate a competing product or service.
c. Impersonate. Impersonate any person or entity, including us, Gilbert, or Anthropic, or misrepresent your identity or affiliation.
d. Cheat or plagiarize. Submit Gilbert's output as your own original work for any academic, professional, certification, licensing, or examination purpose, or otherwise use the Service to cheat, plagiarize, or violate any institution's or employer's integrity rules.
e. Generate prohibited content, including: child sexual abuse material or any sexualization of minors; content that sexually exploits or endangers anyone; threats, harassment, stalking, doxxing, bullying, or incitement of violence or self-harm; hateful content targeting protected characteristics; or non-consensual intimate or defamatory content about real people.
f. Cause harm or fraud, including: creating malware, ransomware, or tools for cyberattacks; phishing, scams, fraud, or deceptive practices; spam or unsolicited bulk messaging; generating disinformation or content intended to deceive about its AI origin where disclosure is required; or developing or facilitating weapons, including chemical, biological, radiological, nuclear, or high-yield explosive weapons.
g. Attack or abuse the Service, including: probing, scanning, reverse-engineering, decompiling, or attempting to discover the Service's source code, prompts, or underlying models; scraping or harvesting data; accessing the Service by automated means or at volumes beyond ordinary personal use; circumventing any rate limit, spend limit, safety measure, content filter, or access restriction; "jailbreaking" or prompt-injection intended to defeat safety measures; using outputs to train, fine-tune, or improve any machine-learning model; or interfering with, overloading, or disrupting the Service or the systems it depends on.
h. Violate Anthropic's policies (see Section 5).
i. Make High-Risk uses without proper safeguards. Do not use Gilbert for decisions in domains that materially affect a person's rights, safety, finances, livelihood, health, or legal status, including legal, medical, mental-health, financial, tax, insurance, employment, housing, education/academic-grading, or safety-critical contexts, without qualified human review, and never as a substitute for a licensed professional (see Section 13).
We may, but are not obligated to, monitor, review, filter, or refuse any content or request, and we may remove content or restrict activity at our sole discretion.
5. Anthropic Usage Policy Pass-Through
Gilbert relies on Anthropic's models. As a condition of using Gilbert, you agree to comply with Anthropic's Usage Policy / Acceptable Use Policy (currently at https://www.anthropic.com/legal/aup) and any usage restrictions Anthropic imposes, as they may be updated from time to time, which are incorporated into these Terms by reference. You acknowledge that you are interacting with an artificial-intelligence system, not a human. If a conflict exists between these Terms and Anthropic's policies, the more restrictive restriction applies. A violation of Anthropic's policies is a violation of these Terms.
6. Changes to the Service
We may add, change, suspend, limit, or discontinue the Service or any feature, tier, model, capability, or limit, in whole or in part, at any time, with or without notice. We are not liable to you or anyone else for doing so.
7. Fees, Billing, Renewal, and Refunds
a. Fees and tiers. Paid plans are billed at the price and on the cycle shown when you subscribe. You authorize us and our payment processor to charge your payment method for all applicable fees and taxes.
b. Usage credits / caps. Each plan includes a monthly allotment of artificial-intelligence usage (a "credit cap"). When you reach your cap, the Service may switch to a lighter model and/or pause until your cap resets, as described to you for your plan. Caps and allotments are part of the Service and may change with notice.
c. Auto-renewal. Subscriptions automatically renew for successive periods at the then-current price until you cancel. You may cancel at any time, effective at the end of the current billing period; cancellation stops future charges but does not retroactively refund the current period.
d. No refunds. Except where required by applicable law, all fees are non-refundable and there are no refunds or credits for partial periods, unused credits, downgrades, or periods of unavailability.
e. Price changes. We may change prices prospectively with notice before your next billing period.
8. Privacy, Logging, and No Expectation of Privacy
a. We log everything. All of your interactions with Gilbert, including every message you send and every response generated, are recorded, stored, and may be read, reviewed, monitored, and analyzed by the operator for operating, securing, debugging, improving, and enforcing the Service. You have no expectation of privacy in any content you submit to or receive from Gilbert.
b. Do not submit sensitive data. Do not send information you cannot afford to have seen, stored, transmitted to our providers, or potentially exposed, including government identifiers, full financial-account or card numbers, passwords, health records, confidential or privileged client information, or other sensitive personal information.
c. Reporting to authorities. We may, at our discretion and without notice to you, report suspected illegal activity, and disclose any related content and account information, to law enforcement or other appropriate authorities, and we may cooperate with any lawful investigation or legal process. Certain content (such as child sexual abuse material) may be reported as required by law and our providers' policies.
9. Third-Party Processing of Your Data
To operate Gilbert, your content and related metadata are transmitted to and processed by third-party service providers, including: Anthropic (AI model provider); our SMS/telephony carrier; our email provider; our cloud/network and payment processors; and similar vendors. Each processes data under its own terms and privacy policy. By using Gilbert you consent to this processing. We do not control, and are not responsible for, these third parties' acts, omissions, policies, availability, or security. (Note: Anthropic states that it does not use business/API inputs and outputs to train its models by default; this is provided for information only and is not our representation.)
10. Data Retention and Deletion
We retain your conversation data for thirty (30) days, after which it is automatically deleted on a rolling basis, except where we must retain certain records longer to comply with law, resolve disputes, prevent abuse, or enforce these Terms. Exception: conversations in Gilbert Chat (gilberthq.com/chat), including Law mode, are kept permanently as a full transcript in the operator's records and are not deleted on this 30-day schedule, even if your account is deleted. If your account is deleted, other associated data is wiped. Backups and logs may persist for a limited additional period before being overwritten. We do not guarantee recovery of any deleted data.
11. Data Security; No Guarantee
We use reasonable measures to protect the Service, but no method of transmission or storage is completely secure, and we cannot and do not guarantee that your data will be secure, private, or free from loss, interception, or unauthorized access. The Service runs on personal computing equipment, and you accept the associated risks. To the fullest extent permitted by law, we are not liable for any unauthorized access to, alteration of, or loss of your content or data that is beyond our reasonable control.
12. Intellectual Property; Content Rights
a. Our IP. We and our licensors (including Anthropic) own all rights in and to the Service, including its software, branding, name, prompts, designs, and underlying technology. No rights are granted to you except the limited license in Section 1.
b. Your input. As between you and us, you retain whatever rights you have in the content you submit ("Input"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your Input and the resulting output ("Output") solely to operate, secure, support, and improve the Service and to enforce these Terms. This license is limited to those purposes and ends when the relevant data is deleted, except for residual backups and as needed to comply with law.
c. Output. To the extent permitted by our providers, and as between you and us, you may use Output for your permitted personal use. You acknowledge that Output is generated by AI, may not be unique, and that identical or similar Output may be generated for other users. You are responsible for evaluating Output and for any use you make of it. You represent that your Input and your use of Output do not and will not infringe or violate any third-party rights or any law.
d. Feedback. If you give us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you.
13. AI Disclaimers, Accuracy and Not Professional Advice
a. Outputs may be wrong. Gilbert is an artificial-intelligence system. Its Output may be inaccurate, incomplete, outdated, biased, offensive, or fabricated, and may not reflect real events, people, or current facts. You must independently verify any Output before relying on it. You use Output at your own risk.
b. Not professional advice. Gilbert does not provide legal, medical, mental-health, financial, tax, accounting, insurance, or other professional advice, and no professional, fiduciary, or confidential relationship is created by your use of the Service. Output is for general informational purposes only. Always consult a qualified licensed professional before making any decision in those areas. Never rely on Gilbert for emergencies. If you are experiencing a medical, mental-health, or safety emergency, contact your local emergency services or a crisis hotline.
c. Not a human; not a substitute for human support. Gilbert is software. It is not a person and is not a substitute for human relationships, professional care, or emergency or crisis services.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we and our providers disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, accurate, error-free, or available, or that any defect will be corrected. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
15. Limitation of Liability
To the fullest extent permitted by law:
a. No indirect damages. Neither we nor our providers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to the Service, even if advised of the possibility.
b. Liability cap. Our total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (i) the total fees you actually paid us in the six (6) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).
c. These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
16. Release and Covenant Not to Sue
a. Release. To the fullest extent permitted by applicable law, you hereby release, waive, and forever discharge the operator and our providers, and our and their respective affiliates, licensors, and personnel (collectively, the "Released Parties"), from any and all claims, demands, causes of action, damages, losses, costs, expenses, and liabilities of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to the Service, your access to or use of (or inability to use) the Service, any Output, any other user, or these Terms.
b. Covenant not to sue. To the fullest extent permitted by applicable law, you agree that you will not bring, commence, join, or participate in any lawsuit, action, claim, or proceeding of any kind against the Released Parties arising out of or relating to the matters released above, except (i) to enforce a right that cannot be waived as a matter of law and (ii) where Section 20 applies, solely through the individual arbitration required by these Terms.
c. Waiver of unknown claims (California Civil Code § 1542). You expressly waive and relinquish all rights and benefits under California Civil Code Section 1542, and under any similar law of any state, territory, or jurisdiction. Section 1542 reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You understand and accept that you are releasing claims that you do not currently know or suspect to exist.
d. What cannot be waived. This Section does not release or waive any liability or right that cannot lawfully be released, waived, or limited under applicable law, including, where and to the extent the law so provides, liability for fraud, willful misconduct, or gross negligence. This Section is to be enforced to the maximum extent permitted, and if any part is held unenforceable, it will be limited or severed and the remainder will continue in full force.
17. Indemnification
You agree to defend, indemnify, and hold harmless the operator and our providers, and our and their respective affiliates and personnel, from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your Input or Output or any content you submit, generate, or share; (c) your violation of these Terms or any applicable law or third-party right; or (d) your violation of Anthropic's policies. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
18. Suspension and Termination
a. By us. We may suspend, restrict, or terminate your access, in whole or in part, at any time and for any reason or no reason, with or without notice, including immediately for any actual or suspected violation of these Terms or Anthropic's policies, any risk to the Service or others, non-payment, or any unlawful activity.
b. By you. You may stop using the Service and request termination at any time.
c. Effect. On termination, your license ends and we may delete your data (see Section 10). Sections that by their nature should survive, including Sections 4–5, 8–17, and 19–24, survive termination.
19. Assumption of Risk
You acknowledge that you use the Service at your sole risk, that the Service depends on third parties and on personal equipment, home power and internet connectivity, and that interruptions, errors, and data loss may occur. You assume all risks associated with your use of the Service and any reliance on Output.
20. Dispute Resolution; Binding Arbitration; Class-Action and Jury Waiver
PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR LEGAL RIGHTS.
a. Informal resolution first. Before starting any formal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 60 days.
b. Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms (and that is not fully barred by Section 16) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in California, or by phone/video, or by document submission where the rules allow. Judgment on the award may be entered in any court of competent jurisdiction.
c. Class-action and jury waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims. You and we waive any right to a jury trial.
d. Exceptions. Either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.
e. Opt-out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. If you opt out, the class-action and jury waivers in this Section still do not apply, and disputes that are not otherwise barred proceed in the courts identified in Section 21.
f. Severability of this Section. If the class-action waiver is found unenforceable as to a particular claim, that claim will be severed and proceed in court; the rest of this Section survives.
21. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Sections 16 and 20, the state and federal courts located in California have exclusive jurisdiction over any matter not subject to arbitration, and you consent to personal jurisdiction and venue there.
22. Export Controls and Sanctions
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party or denied-party list. You agree not to use or export the Service in violation of U.S. or other applicable export-control or sanctions laws.
23. Changes to These Terms
We may update these Terms at any time. If we make material changes, we will notify you by a reasonable method (such as SMS, email, or by posting the updated Terms with a new "Last updated" date). Changes take effect when posted or on the date stated. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service.
24. General
a. Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including power or internet outages, ISP or carrier failures, third-party or AI-provider outages (including Anthropic), equipment failure, acts of God, natural disasters, labor disputes, governmental action, war, terrorism, or pandemics.
b. Entire agreement. These Terms are the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings.
c. Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force.
d. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
e. Assignment. You may not assign or transfer these Terms or your account. We may assign or transfer these Terms, in whole or in part, without restriction.
f. No third-party beneficiaries, except that our providers (including Anthropic) are intended beneficiaries of the provisions that protect them.
g. Relationship. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and us.
h. Notices. We may give you notice via SMS, email, or in-Service message. You may give us notice at [email protected].
i. Headings are for convenience only and do not affect interpretation.
By using Gilbert, you acknowledge that you have read and agree to these Terms of Service.
Contact: [email protected]