# AI Runner - User Agreement

**Last Updated: November 30, 2025**

This User Agreement ("Agreement") is a legally binding contract between you ("User" or "you") and Capsize LLC ("Capsize," "we," "us," or "our"), a Colorado limited liability company, that governs your access to and use of the AI Runner software and any related documentation ("Software").

**By installing, accessing, or using the Software, you represent that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. If you do not agree, you must not install or use the Software.**

**You also acknowledge the "Regulatory Compliance & Disclosures" section in the Software's README file, which is incorporated into this Agreement by reference.**

## 1. Age Requirement and Content Warning

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use this Software. By using the Software, you affirm that you meet this age requirement.

The Software includes features that can generate text, images, and other content ("Generated Content"). You understand and acknowledge that Generated Content may be unpredictable and can include material that is inaccurate, offensive, or not suitable for all audiences, including sexually explicit or nude imagery. You agree to use these features with discretion and at your own risk.

## 2. License Grant

Subject to your compliance with this Agreement, Capsize grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal or internal business purposes, in accordance with the terms of its [GPL-3.0 License](https://www.gnu.org/licenses/gpl-3.0.en.html).

## 3. Acceptable Use Policy

You agree not to use the Software for any purpose that is illegal, harmful, or otherwise objectionable. **The following activities are strictly prohibited:**

### 3.1 Illegal Activities
* Using the Software for any purpose that violates applicable local, state, national, or international law
* Engaging in, promoting, or facilitating any criminal activity
* Circumventing export controls or economic sanctions
* Money laundering, fraud, or other financial crimes

### 3.2 Harmful and Exploitative Content
* **Self-Harm:** Creating content that promotes, encourages, or provides instructions for self-harm, suicide, eating disorders, or other forms of self-injury
* **Exploitation of Minors:** Creating or distributing any content that exploits, abuses, endangers, or sexualizes children in any way. This includes AI-generated child sexual abuse material (CSAM), which is illegal
* **Sexual Exploitation:** Creating content that promotes or facilitates human trafficking, sexual slavery, prostitution, or any form of sexual exploitation of adults
* **Non-Consensual Content:** Creating intimate, sexual, or degrading imagery of real persons without their explicit consent
* **Harassment and Abuse:** Generating content intended to harass, threaten, stalk, intimidate, or harm any individual
* **Violence and Terrorism:** Creating content that glorifies, incites, or provides instructions for acts of violence, terrorism, mass casualties, or violent extremism
* **Animal Cruelty:** Creating content that depicts, promotes, or encourages animal abuse, cruelty, or illegal animal fighting
* **Weapons and Dangerous Activities:** Creating instructions, schematics, or guidance for manufacturing weapons, explosives, chemical agents, biological agents, or other materials intended to cause harm

### 3.3 Deception and Manipulation
* **Impersonation:** Creating content intended to deceive or impersonate any person without their explicit consent. All AI-generated content must be clearly identified as such when shared publicly
* **Misinformation:** Deliberately creating and distributing false information intended to deceive others or cause harm
* **Fraudulent Content:** Creating fake documents, credentials, or evidence for fraudulent purposes

### 3.4 Malicious Software and Hacking
* **Malware:** Using the Software to generate, develop, or distribute malicious code, viruses, ransomware, spyware, or any software designed to damage, disrupt, or gain unauthorized access to computer systems
* **Hacking Tools:** Creating tools, scripts, or instructions intended to exploit security vulnerabilities, bypass authentication systems, or conduct unauthorized access to networks or data
* **Phishing:** Generating content designed to trick individuals into revealing sensitive information such as passwords, financial details, or personal data

### 3.5 Discrimination and Hate
* Generating content that promotes hatred, violence, or discrimination against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, national origin, or any other protected characteristic

### 3.6 Privacy Violations
* Processing, storing, or transmitting personal or sensitive data of others without their lawful consent
* Using the Software to conduct surveillance or violate the privacy rights of individuals

### 3.7 Professional Misuse
* **Not Medical Advice:** The Software must NOT be used as a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of AI-generated content
* **Not Legal Advice:** The Software must NOT be used as a substitute for licensed legal counsel. AI-generated content does not constitute legal advice and should not be relied upon for legal matters
* **Not Financial Advice:** The Software must NOT be used to provide investment, tax, or financial planning advice. Consult qualified financial professionals for such matters
* **Not Mental Health Treatment:** The Software must NOT be used as a substitute for professional mental health care. If you are experiencing a mental health crisis, contact a mental health professional or crisis hotline immediately

### 3.8 High-Risk Applications
* Using the Software in any safety-critical system or "high-risk" scenario where its failure could lead to death, personal injury, or severe environmental or property damage
* Using the Software to make automated decisions that significantly affect individuals' rights, employment, creditworthiness, or access to essential services without human oversight

**Violation of this policy may result in immediate termination of your right to use the Software and may be reported to appropriate authorities.**

## 4. Data Privacy and Processing

The Software is designed to run locally on your machine to protect your privacy.

* **Local Data Processing:** You acknowledge that when you use features like voice processing, chat, or Retrieval-Augmented Generation (RAG), the Software processes your data (voice samples, text, documents) on your local device. This data is not transmitted to Capsize or any third party by default.
* **User Responsibility:** You are solely responsible for the security and management of the data you process using the Software on your local machine.
* **Biometric and Personal Data:** Features like voice chat may process data considered "biometric" or "sensitive" under laws like the Colorado Privacy Act (CPA). By using these features, you consent to the local processing of this data by the Software for the purpose of its operation.
* **Profiling:** The feature that allows an agent's mood and personality to adapt based on conversations may constitute "profiling" under the CPA. The Software provides you with controls to reset or delete this data.

## 5. Third-Party and Open-Source Models

The Software is capable of running various third-party and open-source AI models ("Models").

* **User's Choice:** You are responsible for selecting, downloading, and using these Models.
* **Model Licenses:** Your use of any Model is governed by its respective license and terms. It is your responsibility to review and comply with these licenses.
* **No Endorsement or Liability:** Capsize does not develop, endorse, or control these Models. We are not responsible for their functionality, performance, accuracy, potential biases, or the content they generate. The inclusion of a downloader for a Model within the Software does not constitute an endorsement.

## 6. AI-Generated Content Disclaimers

**IMPORTANT AI CONTENT WARNINGS:**

* **No Guarantee of Accuracy:** AI-generated content may contain factual errors, hallucinations, outdated information, or complete fabrications. You must independently verify any information before relying on it for any purpose.
* **Potential for Harmful Content:** Despite safety measures, AI models may generate content that is offensive, inappropriate, biased, discriminatory, or harmful. Capsize cannot predict or control all outputs from third-party models.
* **Not Professional Advice:** AI-generated content does not constitute legal, medical, financial, psychological, or any other professional advice. Always consult qualified professionals for such matters.
* **Intellectual Property:** You are solely responsible for ensuring that your use of Generated Content does not infringe on the intellectual property rights of others. AI models may inadvertently reproduce copyrighted material.
* **Deepfakes and Synthetic Media:** Image and voice generation features can create synthetic media. You must not use these features to create non-consensual intimate imagery, fraudulent content, or content that violates any person's rights.

## 7. Disclaimer of Warranties and Limitation of Liability

**THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.**

**EXPERIMENTAL FEATURES:** You acknowledge that the Software contains highly experimental features. These features may contain errors, produce inaccurate or harmful outputs, and are subject to change without notice. You should not rely on these features for any critical or sensitive tasks.

**LIMITATION OF LIABILITY:** TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING COLORADO LAW, IN NO EVENT SHALL CAPSIZE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; PERSONAL INJURY; PROPERTY DAMAGE; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE OR ANY AI-GENERATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

**MAXIMUM LIABILITY:** IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

## 8. Indemnification

You agree to indemnify, defend, and hold harmless Capsize LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Software; (b) your violation of this Agreement; (c) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; (d) any content you generate, create, or distribute using the Software; or (e) any claim that content you generated caused damage to a third party.

## 9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.

## 10. Changes to this Agreement

Capsize LLC reserves the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide notice through the Software, our website, or other appropriate channels. What constitutes a material change will be determined at our sole discretion. Your continued use of the Software after any such change constitutes your acceptance of the new Agreement.

## 11. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

## 12. Entire Agreement

This Agreement constitutes the entire agreement between you and Capsize LLC regarding the Software and supersedes all prior agreements and understandings, whether written or oral.

## 13. Contact Information

If you have any questions about this Agreement, please contact Capsize LLC at contact@capsizegames.com.
