Terms of Use

Last Updated: November 2025

---

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Red Five LLC ("Stoke," "we," "us," or "our") governing your use of the Stoke mobile application (the "App") and related services (collectively, the "Services").

By creating an account, accessing, or using the Services, you:

• Acknowledge that you have read and understood these Terms
• Agree to be bound by these Terms and our Privacy Policy
• Represent that you have the legal capacity to enter into this binding agreement

2. App Updates and Modifications

The terms of these Terms of Use will govern any updates, upgrades, patches, or new versions of the App provided by Stoke that replace or supplement the original App, unless such update or upgrade is accompanied by separate terms, in which case those separate terms will apply.

We may modify, update, or discontinue the App or any features at any time without notice. You acknowledge that we have no obligation to provide updates or continue supporting any particular version of the App.

---

3. Eligibility

3.1 Age Requirement

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you are 18 years or older. We do not knowingly collect information from or direct any of our Services to anyone under 18.

3.2 Capacity to Consent

You must have the legal capacity to enter into a binding agreement. If you are using the App on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

3.3 Prohibited Users

You may not use the App if:

• You are under 18 years of age
• You have been previously banned from the App
• You are prohibited by law from using the Services
• You are located in a country embargoed by the United States or subject to U.S. export restrictions
• You are listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List

3.4 Export Control Compliance

In particular, but without limitation, the App may not be exported or re-exported:

• Into any U.S.-embargoed countries or regions
• To anyone on the U.S. Treasury Department's Specially Designated Nationals List
• To anyone on the U.S. Department of Commerce Denied Persons List or Entity List
• To any prohibited or restricted party under applicable export laws

By using the App, you represent and warrant that:

• You are not located in any embargoed country or region
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons
• You will comply with all applicable export and re-export control laws and regulations

---

4. AI Chatbot Disclaimer - Not Therapy or Professional Advice

4.1 Entertainment and Educational Purposes Only

The AI chatbot is a conversational artificial intelligence tool designed to provide general relationship insights and discussion. It is not:

• A licensed therapist, counselor, psychologist, or mental health professional
• A substitute for professional mental health care
• Qualified to diagnose, treat, or provide medical/psychological advice
• Designed for crisis intervention or emergency situations
• Capable of providing personalized professional advice for your specific situation

4.2 No Reliance on AI Content

You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, inappropriate, or harmful
• AI responses are generated by algorithms and do not constitute professional advice
• You should not rely on AI responses for important life decisions
• You should not use AI chat for mental health crises, suicidal thoughts, or emergency situations
• You assume all risk and responsibility for any actions you take based on AI-generated content
• Stoke is not liable for any harm, injury, or damages resulting from your use of or reliance on AI-generated content

4.3 Major Life Decisions

Do not make major relationship decisions (such as breakups, divorce, marriage, or other significant life changes) based solely or primarily on AI-generated advice. The AI chatbot cannot understand the full context of your relationship and is not qualified to guide such decisions.

4.4 Mental Health and Crisis Resources

4.5 AI Limitations and Errors

You acknowledge that AI technology:

• May generate inappropriate, offensive, or harmful content
• May provide contradictory or inconsistent responses
• Cannot guarantee accuracy, safety, or appropriateness of content
• May malfunction, produce errors, or fail to respond appropriately
• Is constantly evolving and may behave unpredictably

Stoke is not responsible for any content generated by the AI chatbot, and you use it entirely at your own risk.

---

5. No Guarantees or Warranties About Relationship Outcomes

5.1 No Guarantee of Success

You acknowledge that:

• Relationship success depends on many factors beyond the App's control
• Using the App does not guarantee improvement in your relationship
• Your relationship may not improve, may worsen, or may end while using the App
• The App provides tools and suggestions only, not guarantees or promises

5.2 No Liability for Relationship Outcomes

Stoke shall not be liable for any negative relationship outcomes, including but not limited to:

• Arguments, conflicts, or disagreements arising from App use
• Relationship deterioration or breakups
• Divorce or separation
• Emotional distress, pain, or suffering
• Loss of trust or intimacy
• Any other negative impact on your relationship

You assume all risk and responsibility for the outcomes of your relationship and actions taken while using the App.

5.3 Professional Relationship Counseling

If your relationship is experiencing serious problems, we strongly recommend seeking help from a licensed couples therapist, relationship counselor, or mental health professional. The App is not a replacement for professional relationship counseling or therapy.

---

6. Account Registration and Security

6.1 Account Creation

To use the App, you must create an account using a valid email address. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

6.2 Partner Connections

The App is designed for romantic couples in committed relationships. By connecting with a partner:

• You represent that you have consent from your partner to connect accounts
• You acknowledge that relationship data will be shared between connected partners
• You understand that both partners can view shared content (messages, surveys, actions, etc.)

6.3 Device Transfer and Account Non-Transferability

Your account and license to use the App are non-transferable. You may not:

• Transfer, sell, or assign your account to another person
• Allow others to use your account
• Share your login credentials with anyone

If you sell, transfer, or give away your mobile device, you must delete the App and remove your account from that device before transferring it to a third party. Your license to use the App does not transfer with the device.

6.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Harassment of other users or partners
• Any conduct we deem harmful to the App, other users, or Stoke

---

7. Prohibited Conduct

You agree NOT to:

7.1 Illegal or Harmful Activity

• Use the App for any illegal purpose or in violation of any laws
• Harm, threaten, harass, stalk, or abuse your partner or any other person
• Engage in any conduct that could harm minors
• Use the App to facilitate domestic violence, abuse, or coercive control

7.2 Unauthorized Access

• Access another user's account without their explicit permission
• Share your account credentials or allow others to use your account
• Hack, scrape, or attempt to gain unauthorized access to the App or servers

7.3 Misuse of App Features

• Use the App for relationships other than romantic partnerships (e.g., friends, family, business)
• Misrepresent your identity, age, or relationship status
• Create multiple accounts or fake accounts
• Circumvent any technological measures we use to protect the App

7.4 Abuse of AI Features

• Attempt to manipulate or "jailbreak" the AI chatbot
• Use AI-generated content to harm, deceive, or manipulate others
• Generate illegal, abusive, or harmful content using AI features

7.5 Intellectual Property Violations

• Copy, modify, distribute, or reverse engineer the App
• Remove copyright notices or proprietary markings
• Use our trademarks, logos, or branding without permission

Violation of these prohibitions may result in immediate account termination and legal action.

---

8. User Content

8.1 Your Content License

You retain ownership of content you submit to the App (messages, photos, survey responses, etc.). However, by submitting content, you grant Stoke a worldwide, non-exclusive, royalty-free license to use, store, display, and process your content solely to provide the Services.

8.2 Content Restrictions

You agree that your content will NOT:

• Violate any laws or third-party rights
• Contain explicit sexual content, pornography, or nudity
• Be defamatory, threatening, abusive, or harassing
• Contain malware, viruses, or harmful code
• Infringe intellectual property rights

8.3 Content Monitoring

We do NOT monitor user content (messages are end-to-end encrypted), but we reserve the right to:

• Remove content that violates these Terms if reported
• Investigate reports of abuse or illegal activity
• Cooperate with law enforcement when legally required

8.4 No Responsibility for Content

Stoke is NOT responsible for user-generated content and does not endorse, support, or verify the accuracy of any user content.

---

9. Subscriptions and Payment

9.1 Subscription Plans

The App offers premium subscription plans (monthly or annual) with a 12-month free trial period. Subscriptions are managed through Apple App Store or Google Play Store.

9.2 Billing and Charges

• Subscriptions auto-renew unless cancelled before the renewal date
• You will be charged through your App Store or Google Play account
• Prices are set by Stoke and may change with notice
• All sales are final, subject to App Store/Google Play refund policies

9.3 Free Trial

• The 12-month free trial is available to new users only
• You must cancel before the trial ends to avoid charges
• We reserve the right to modify or discontinue the trial offer

9.4 Cancellation

You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation takes effect at the end of your current billing period.

9.5 Refunds

Refunds are handled by Apple or Google according to their policies. Stoke does not directly process refunds.

---

10. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

---

11. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of the above limitations may not apply to you.

---

12. Indemnification

You agree to indemnify, defend, and hold harmless Stoke, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to:

• Your use of the App or Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you submit to the App
• Your relationship outcomes or actions taken based on App use
• Any harm to yourself or others related to your use of the App

This indemnification obligation survives termination of these Terms and your use of the App.

---

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a formal claim, you agree to contact us at help@stokeus.com to attempt to resolve any disputes informally.

13.2 Binding Arbitration

13.3 Arbitration Procedures

• Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• The arbitration shall take place in Salt Lake County, Utah
• The arbitrator's decision shall be final and binding
• Each party shall bear its own costs of arbitration

13.4 Class Action Waiver

You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class action, collective action, or representative proceeding.

---

14. Intellectual Property

14.1 Stoke's Ownership

The App, including all content, features, functionality, designs, trademarks, logos, and software, is owned by Stoke and protected by copyright, trademark, and other intellectual property laws.

14.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

14.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or disassemble the App (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the App)
• Create derivative works based on the App
• Use the App for commercial purposes without our written consent

---

15. Privacy

Your use of the App is subject to our Privacy Policy, available at https://stokeus.com/privacy. By using the App, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

Key Privacy Points:

• Messages are end-to-end encrypted
• Relationship data is shared between connected partners
• We use third-party services (Supabase, RevenueCat, Sentry, Anthropic AI)
• We do not sell your data to third parties
• See full Privacy Policy for details

---

16. Third-Party Services

The App integrates with third-party services (Apple, Google, Supabase, RevenueCat, Sentry, Anthropic). These services have their own terms and privacy policies. Stoke is not responsible for third-party services or any issues arising from their use.

---

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending a notification or email (for significant changes)

Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and delete your account.

---

18. Termination

18.1 Your Right to Terminate

You may terminate your account at any time by contacting us at help@stokeus.com or deleting your account in the App settings.

18.2 Our Right to Terminate

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Prolonged inactivity
• Any reason, at our sole discretion

18.3 Effect of Termination

Upon termination:

• Your access to the App will cease immediately
• Your subscription will be cancelled (subject to refund policies)
• Your data may be deleted in accordance with our Privacy Policy
• Sections of these Terms that should survive (indemnification, disclaimers, limitations) will remain in effect

---

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Stoke regarding the App.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

19.5 Governing Law

Except to the extent expressly provided below, these Terms and the relationship between you and Stoke shall be governed by the laws of the State of Utah, United States, without regard to its conflict of law provisions.

International Users: If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions:

• If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Exclusion of UN Convention: Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

19.6 Jurisdiction

Subject to the arbitration clause above and the international provisions in section 19.5, any legal action must be brought in the state or federal courts located in Salt Lake County, Utah.

19.7 Force Majeure

Stoke shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or technical failures.

---

20. Contact Us

If you have questions about these Terms, please contact us:

Email: help@stokeus.com
Website: https://stokeus.com
Support: https://stokeus.com/help

---

21. Acknowledgment and Acceptance

---

Red Five LLC
Website: https://stokeus.com
Email: help@stokeus.com