Welcome to Elsewhere, an AI-powered application that turns short conversations about your life into personalized ambient sounds, developed and provided by CodeSwitch, LLC (“Company,” “we,” “us,” or “our”). This User Agreement (“Agreement”) governs your access to and use of the Elsewhere application (“App”). By accessing or using the App, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the App.
1. Definitions
- “Account” means a registered account that you use to access the Services, created through Sign in with Apple.
- “User Data” means materials, information, or content submitted, uploaded, or stored by you through the Services, including voice audio and conversation transcripts.
- “Content” means sounds, titles, and other materials generated or saved by you within the Services.
- “Services” means the Elsewhere app and its features, including AI conversations, personalized sound generation, and your sound library.
- “Third-Party Services” means any product, software, or application provided by a third party that interoperates with the Services.
- “Personal Information” means personally identifiable information provided by you pursuant to this Agreement.
- “You” or “User” means the person accepting this Agreement.
2. The Services
Elsewhere helps you capture the sounds of your life. The Services include, but are not limited to:
- Guided AI conversations: short voice conversations about the people, places, and moments that matter to you.
- Personalized sound generation: unique ambient sounds generated from your conversations.
- Your library: a private collection of your saved sounds, available whenever you need them.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.
3. User Accounts
(a) To save sounds and use personalized features, you must create an Account using Sign in with Apple. A limited demo is available without an Account.
(b) You are responsible for all activities conducted through your Account. You agree to notify us immediately of any unauthorized use of your Account.
(c) You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Services.
4. User Responsibilities
You agree to use the Services in compliance with all applicable laws and regulations. Specifically, you agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Attempt to gain unauthorized access to the Services or its related systems.
- Reverse engineer, decompile, or disassemble any part of the Services.
- Use the Services to generate harmful, abusive, or offensive content.
- Interfere with or disrupt the integrity or performance of the Services.
5. Intellectual Property
(a) All intellectual property rights in the Services, including but not limited to software, design, and trademarks, are owned by CodeSwitch, LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes.
(b) You retain ownership of the User Data you provide. Sounds generated for you are yours to keep and enjoy for personal use. By using Elsewhere, you grant us a worldwide, royalty-free license to process your User Data and Content solely for the purpose of operating and improving the Services.
6. Privacy and Data Use
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your Personal Information. By using Elsewhere, you consent to the collection and use of your data as described in the Privacy Policy.
7. Fees and Payments
(a) Elsewhere may offer both free and paid features. Fees for paid features, if any, are shown in the App and are subject to change.
(b) Purchases made through the App are processed by Apple and are subject to Apple’s payment terms. Fees are non-refundable, except as required by law.
8. Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to a violation of this Agreement. Upon termination, your right to use the Services will immediately cease. You may stop using the Services and request deletion of your Account at any time by contacting us.
9. Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. Elsewhere is not a medical, therapeutic, or mental-health service, and generated sounds are not a substitute for professional care. We do not guarantee that the Services will be error-free, secure, or uninterrupted. Your use of the Services is at your own risk.
10. Limitation of Liability
To the fullest extent permitted by law, CodeSwitch, LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services. Our total liability to you for any claims shall not exceed the amount you have paid to us, if any, in the past six months.
11. Governing Law
This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
12. Changes to This Agreement
We may update this Agreement from time to time. If we make material changes, we will notify you through the App or via email. Your continued use of Elsewhere after the changes take effect constitutes your acceptance of the revised Agreement.
13. Contact Us
If you have questions about this Agreement, contact us at info@codeswitch.us.