Terms of Service

Who we are

Unsent is operated by Mercer Unlimited, Inc., an Ohio corporation doing business as Unspoken Tools (“Unspoken Tools,” “we,” or “us”). These Terms of Service govern your use of the Unsent service, including this website, the intake flow, generated guidance, and any tools offered in your private workspace (the “Service”).

By using the Service, you agree to these terms. If you do not agree, do not use the Service.

What Unsent is

Unsent is a private communication guidance tool. It generates written suggestions based on information you choose to share. It is intended to support adults navigating difficult personal communication.

Unsent is not therapy, medical care, legal advice, or crisis intervention. It is not a substitute for a licensed mental health professional, attorney, or emergency service. If you are in crisis, contact 988 (Suicide and Crisis Lifeline) or your local emergency services.

Eligibility

You must be at least 18 years old and legally able to enter into this agreement to use the Service. The Service is designed for adults in the United States and is not directed to minors.

Permitted use and court orders

The Service helps you think through and draft communication. You are solely responsible for whether, when, and how you contact any person. By using the Service, you represent and agree that:

• You are not subject to any court order, restraining order, protective order, no-contact order, or custody or visitation order that prohibits or restricts you from contacting the person or people your use of the Service concerns, or, where an order sets conditions on contact, your use of the Service and any contact you make will fully comply with that order.
• You will not use the Service to harass, stalk, threaten, intimidate, or harm any person, to contact someone who has asked not to be contacted, or to violate any law.
• You will verify the current status of any legal order that applies to you, and consult your attorney where appropriate, before acting on any guidance.

If you are unsure whether contact is permitted, do not use the Service to initiate it until you have confirmed it is lawful. We may suspend or terminate access if we believe the Service is being used in violation of this section.

Information about other people

To use the Service you may provide information about other people, including your child and, in some cases, a co-parent or other family member. You represent that you have the right to provide that information for the purpose of receiving guidance, and that doing so does not violate any law or any other person’s rights. You are responsible for the information you choose to share about others. The Service is a tool for you, the adult user. It is not a means of collecting information from or about a child for any purpose other than helping you communicate.

Not legal advice

The Service does not provide legal advice and does not represent you. Using the Service does not create an attorney-client relationship. If you are involved in a custody dispute or any other legal matter, consult a licensed attorney before relying on any guidance. Be aware that messages and other communications you create, send, or store may be discoverable or used as evidence in legal proceedings. We are not responsible for how any communication you create is used in a legal matter.

Your workspace

Using the Service creates a private workspace associated with your email address. You are responsible for keeping your password and access to that email secure. You are responsible for all activity that occurs in your workspace.

Plans, billing, and auto-renewal

Pricing and the specifics of each plan are described on our pricing page and at the time of purchase. Where a purchase is a one-time charge, it grants access to the workspace and tools described at purchase.

Where a purchase is a subscription, it is a recurring charge. Your subscription automatically renews at the price and on the cadence shown at purchase (for example, monthly or annually) until you cancel. Each renewal charges the payment method on file. You can view your plan and cancel at any time from your workspace settings. Cancellation stops future renewals and takes effect at the end of the current paid period; you keep access until then. Cancelling does not generate a partial-period refund except as stated in Refunds below. If a renewal payment fails, we may suspend access until payment is updated.

Refunds

If you are not satisfied with a purchase, contact us within 7 days of the charge for a full refund, no questions asked. For subscription renewals, cancel before the renewal date from your workspace settings to avoid the next charge. Refunds outside of the 7-day window are handled at our discretion.

Your content

You retain ownership of anything you write into the Service, including intake responses, drafts, and messages. You grant Unspoken Tools a limited license to process that content solely to provide the Service to you, including sending it to the AI providers we use to generate your guidance. We do not sell your content. We do not use your content to train, fine-tune, or improve any AI model, and we require our AI providers to process your content only to generate your requested output, not to train their models, whether public or private.

Our content

The Service, including its software, written frameworks, and generated outputs, is owned by Unspoken Tools or its licensors and is protected by intellectual property laws. You may use generated guidance for your personal, non-commercial purposes. You may not copy, redistribute, or resell the Service itself.

Your responsibility

You are responsible for how you use any guidance the Service provides. The decision to send any message, take any action, or follow any suggestion is yours alone. The Service does not act on your behalf and does not contact anyone for you.

AI-generated guidance

The Service uses AI to produce personalized guidance. AI can make mistakes. Guidance may be incomplete, outdated, or not appropriate for your specific situation. You should treat it as a starting point, not a final answer, and apply your own judgment.

No warranties

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Unspoken Tools disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or produce any particular outcome in your personal relationships.

Limitation of liability

To the fullest extent permitted by law, Unspoken Tools, its officers, and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total aggregate liability for any claim related to the Service will not exceed the greater of one hundred U.S. dollars or the amount you paid us for the Service in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Unspoken Tools, its officers, and its affiliates from any claim, demand, loss, or expense, including reasonable attorney fees, arising out of your use of the Service, your violation of these terms, your violation of any court order or law, or your provision of information about another person.

Termination

You may stop using the Service at any time. You may request deletion of your workspace by contacting us. We may suspend or terminate access if we believe the Service is being misused, if payment fails, or if we are required to by law.

Dispute resolution, arbitration, and class-action waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court and to have disputes decided by a jury.

Most concerns can be resolved quickly. Before starting a formal proceeding, you agree to first contact us and give us 30 days to try to resolve the matter informally.

If we cannot resolve it, you and Unspoken Tools agree that any dispute arising out of or relating to these terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its consumer arbitration rules, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or stop misuse.

You and Unspoken Tools agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

Your right to opt out. You may opt out of this arbitration agreement by emailing hello@thingsunspoken.com within 30 days of first accepting these terms, with your name and a statement that you opt out of arbitration. If you opt out, the Governing law section below applies to disputes instead.

Governing law

These terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. For any dispute not subject to arbitration, or if the arbitration agreement is found not to apply, the dispute will be brought exclusively in the state or federal courts located in Ohio, and you consent to that jurisdiction.

General

These terms are the entire agreement between you and Unspoken Tools regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them to an affiliate or successor. We are not responsible for delays or failures caused by events beyond our reasonable control.

Changes to these terms

We may update these terms from time to time. When we do, we will update the “Last updated” date above and, for material changes, notify you by email. Continued use of the Service after an update constitutes acceptance of the revised terms.

Contact

Questions about these terms? Email hello@thingsunspoken.com.

Mercer Unlimited, Inc., doing business as Unspoken Tools