Terms of Service

Who we are

It’s Been A Minute (“IBAM”, “the app”) is operated by Wallabout, LLC (doing business as Wallabout Studios), a Delaware limited liability company, of Brooklyn, New York. In these terms “we”, “us” and “our” mean Wallabout, LLC; “you” means the person holding an account.

These terms cover the app at my.ibam.app and this site at ibam.app. Our Privacy Policy explains what we do with the data involved, and forms part of this agreement.

Accepting these terms

You accept these terms by creating an account or by using the app. If you do not accept them, do not use it. If you are agreeing on behalf of an organisation, you are confirming that you may bind it.

Who can have an account

You must be at least 16 years old to hold an account. IBAM is not designed or intended for children, and we do not knowingly let anyone under 16 sign up. If we learn that an account belongs to someone younger, we will close it and delete what it holds.

Anyone can sign up. There is no invitation, no code and no waiting list, and you are welcome to tell someone else about the app. We may still decline or close an account, on the terms set out inEnding it.

Your account

• Give an email address that is genuinely yours and that you can receive mail at. Verification and sign-in links go there.
• Keep your password and your sign-in links to yourself. A sign-in link sent to your address will let anybody holding it into your account until it expires.
• You are responsible for what happens under your account.
• Tell us at hello@wallabout.studio if you think somebody else has got into it.

One person, one account. Automating account creation, or holding accounts on behalf of people who have not been invited, is not permitted.

The people you write about

This is the clause that matters most, because IBAM is unusual in what it holds. Almost everything in your account is information aboutother people — their names, sometimes their email addresses and phone numbers, and whatever you have written in a note about them. Those people have no account here. They are never contacted by us, they are not told they are in anybody’s list, and they have no way to see what has been written about them.

That is a deliberate design choice, and it puts the responsibility on you:

• You decide what is fair to record. You are responsible for the personal information you put into the app about other people, and for having a legitimate reason to keep it. In practice that reason is that these are people you know and want to keep up with. It is not a licence to build a file on somebody.
• Write as if they might read it. Notes are private in the product sense — no other account can see them — but they are not privileged, they can be disclosed if the law requires it, and they will outlast your memory of writing them.
• Some things do not belong here. Do not use IBAM to record another person’s health, sexuality, religion, immigration status, finances, political views, criminal record, precise location or biometric data, or anything about a child, beyond what that person would expect a friend to remember about them.
• Honour a request to be taken out. If somebody asks you to delete what you hold about them, do it. If they contact us instead, we will normally pass the request on to you rather than reach into your account — see the Privacy Policy for how those requests are handled.
• Where data-protection law applies to you — for most personal use it does not, but it can if you use IBAM for work — you are the controller of the information you record about other people, and you are responsible for meeting whatever that law asks of you.

What you may not use it for

Do not use IBAM to:

• Stalk, harass, monitor or intimidate anybody, or to keep a record on someone who has asked you to leave them alone.
• Store information you obtained unlawfully, or that you are not allowed to hold.
• Break the law, infringe somebody else’s rights, or help anybody else do either.
• Build a marketing, recruitment or sales list, or any other database about people for commercial exploitation.
• Resell, sublicense or provide the app to anybody else as a service.
• Scrape it, load it by automation, or make requests at a rate a person could not.
• Get round the rate limits or any other restriction; probe or test our security without our written permission; or reverse engineer, decompile or copy the app except to the extent the law says we cannot stop you.
• Upload malware, or anything designed to interfere with the app or with other people’s use of it.

Reporting a security problem you found without going looking for it is welcome, not a breach of this section. Write to hello@wallabout.studio.

Logging in your own words

The app can take a sentence you type — “got coffee yesterday with Scott” — and fill in the form from it. To do that, it sends that sentence and a short table about the people it might be about toAnthropic, which processes it and sends back a draft. The exact fields are listed in the Privacy Policy and in the app’s own Settings page. Nothing is sent unless you use that box, nothing is saved until you press save, and you can turn the feature off entirely in Settings, which stops it at the server.

A draft is a guess. It can get the date, the person or the substance wrong. Check it before you save it — what ends up in your log is what you accepted, not what the model proposed.

Do not type anything into that box that you would not want sent to a third party for processing. If you would rather nothing ever left our servers, turn the feature off and use the form.

This is a beta

IBAM is early software, offered while we find out whether it is any good. It will change. Features may be added, altered or taken away. There is no uptime commitment, no support commitment and no guarantee that any particular thing will keep working.

Keep your own copy of anything you would be upset to lose. We take reasonable care with your data and we run database backups, but a beta is not a safe deposit box. Settings → Your data → Download a copy gives you a file of everything your account holds, any time you want it, and you do not have to ask.

We may end the beta, or the app, at any time. If we do, we will give you at least 30 days’ notice by email to the address on your account and a way to get your data out before it is deleted — unless we are prevented from doing so by law or by circumstances outside our control.

What it costs

Nothing, during the beta. There is no advertising in IBAM, and we do not sell or rent your data or the data you hold about other people.

We expect it to be paid for eventually by the people using it. We reserve the right to introduce charges — but not by surprise. If we start charging, we will tell you by email at least 30 days beforehand, and IBAM will not begin charging you for anything without you actively agreeing to pay. If you do not want to, you can export your data and close your account, and nothing you owe will be taken from you for the period before you were asked.

Your content stays yours

Everything you put into IBAM — your people, your interactions, your notes, your tags — is yours. We claim no ownership of it.

To run the app we need your permission to handle it, so you grant us alimited, non-exclusive, worldwide, royalty-free licence to store, copy, transmit and display your content, and to make the technical changes needed to do that (backing it up, moving it between our providers, formatting it for your screen). That licence exists only so we can operate the service for you, extends to our sub-processors only as the Privacy Policy describes, and ends when you delete the content or close your account, apart from copies sitting in backups until they age out.

We do not use your content to train machine-learning models, our own or anybody else’s.

If you send us feedback or an idea, we may use it to improve IBAM without owing you anything for it. That is not a claim on anything else you own.

Our software

The app, the site, the name, the design and everything in them other than your content belong to us or to our licensors. These terms give you permission to use IBAM as an account holder; they do not give you any other right in it.

Ending it

You may stop using IBAM at any time. To close your account and have its contents deleted, go to Settings → Your data → Delete my account and type your email address to confirm. It happens straight away and it cannot be undone, so take a copy first if you want one. If you cannot get into your account, write to hello@wallabout.studio from the address on it and we will do it for you.

We may suspend or close your account if you break these terms, if keeping it open would expose us or somebody else to legal risk or harm, or if we shut the service down under section 8. Except where the breach is serious enough that we cannot, we will tell you first and give you a chance to put it right, and we will give you the chance to export your data before it goes.

Sections 5, 10, 11, 13, 14, 15 and 17 survive the end of this agreement.

Disclaimers

IBAM is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory. To the fullest extent the law allows, we disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the app will be uninterrupted, timely, secure or error-free, that its suggestions about who to contact will be useful, that a draft produced by the free-text feature will be accurate, or that any data will be preserved without loss.

Nothing here excludes any liability that cannot lawfully be excluded, and some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Limitation of liability

To the fullest extent the law allows, we will not be liable for indirect, incidental, special, consequential or punitive damages, for lost profits, lost goodwill, or for the loss, corruption or unavailability of data — even if we were told such damage was possible.

Our total liability arising out of or relating to IBAM, in aggregate and whatever the legal theory, is limited to the greater of the amount you paid us in the twelve months before the claim arose, or 100 US dollars. While the beta is free, that figure is 100 US dollars.

This limit does not apply to liability for our own fraud, for death or personal injury caused by our negligence, or to anything else that cannot lawfully be limited. Some jurisdictions do not allow these limits, in which case they apply to you only as far as that jurisdiction permits.

Indemnity

You will indemnify us against any third-party claim, and the reasonable legal costs of defending it, arising from the information you recorded about other people, from your breach of these terms, or from your unlawful use of the app. We will tell you promptly about any such claim and will not settle it without talking to you first.

Changes to these terms

We may change these terms as the app changes. If a change materially affects your rights, we will tell you by email to the address on your account, or in the app, at least 14 days before it takes effect. Continuing to use IBAM after that date means you accept the new terms; if you do not, close your account and we will delete your data.

Every version carries the date it was last updated at the top of this page.

Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You and we agree that the state and federal courts sitting in Delaware have exclusive jurisdiction over any dispute arising out of them.

If you are a consumer resident somewhere whose law gives you the right to bring proceedings locally, or to rely on rules that cannot be contracted out of, nothing here takes that away from you.

Talk to us first. Before starting anything formal, please write to hello@wallabout.studio and give us 30 days to sort it out. Most things are a misunderstanding and a reply.

General

• These terms and the Privacy Policy are the whole agreement between us about IBAM, and replace anything said before.
• If any part of them is unenforceable, the rest stands.
• Not enforcing something once does not mean giving it up.
• You may not transfer your rights under these terms. We may transfer ours to a successor of our business, on notice to you.
• Nobody other than you and us has any right to enforce these terms.
• Neither of us is liable for a failure caused by something genuinely outside our control.
• We will send notices to the email address on your account. Send yours to the address below.

Contact

Wallabout, LLC, Brooklyn, New York, United States.
hello@wallabout.studio

A real person reads that address. Questions about these terms, requests for an export, and requests to close an account all go there.