terms

draft — official text pending review by whitebox, inc.

1. Introduction and Acceptance of Terms

Welcome to Saga. These Terms and Conditions (“Terms”) govern your access to and use of the Saga mobile application, website, and all related services (collectively, the “Service”), operated by WHITEBOX, INC., INC (“Saga,” “we,” “us,” or “our”).

By creating an account, accessing, or using Saga, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines, each incorporated by reference. If you do not agree, do not use the Service.

We may modify these Terms at any time. Material changes will be notified via the app or by message. Continued use after the effective date constitutes acceptance. If you disagree with revised Terms, you must stop using the Service and delete your account.

2. Eligibility

To use Saga, you must:

• Be at least 13 years of age. Users under the age of majority in their jurisdiction must have parental or guardian consent, and such parent or guardian must agree to these Terms on the user’s behalf.
• Be at least 16 years of age if located in the European Economic Area, or have verifiable parental consent as required by the GDPR.
• Not have been previously suspended or removed from the Service.
• Not be prohibited from using the Service under applicable law, including U.S. export control and sanctions laws.

You represent and warrant that you meet all eligibility requirements. We may request proof of age or consent at any time and terminate non-compliant accounts. If we learn that personal information has been collected from a child under 13 without verifiable parental consent, we will delete that information promptly in accordance with COPPA.

3. License to Use the Service

Subject to your compliance with these Terms, Saga grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal, non-commercial purposes. This license does not include any right to:

• Sell, resell, or commercially exploit any aspect of the Service.
• Copy, reproduce, distribute, or publicly display any content from the Service except as expressly permitted or enabled by a feature of the Service.
• Use data mining, robots, or similar data gathering or extraction methods.

This license is effective until terminated. We may revoke it at any time if you violate these Terms or for any reason at our sole discretion.

4. Account Registration and Security

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Keep your account information current.
• Maintain the confidentiality of your login credentials.
• Notify us immediately of any unauthorized use of your account.

You are solely responsible for all activity under your account. Saga is not liable for loss or damage arising from your failure to protect your credentials.

5. Description of the Service

Saga is an interactive content platform offering a new medium of entertainment called “Sagas.” Users watch stories unfold, make choices at decision points that shape narrative outcomes, and engage with others through real-time social features including commenting, following, and direct messaging.

The Service may include advertising, sponsored content, and promotional materials. Features and functionality may change at any time at our sole discretion.

6. Changes to the Service

Saga reserves the right to modify, suspend, or discontinue any part of the Service—including features, content, pricing, and availability—at any time, with or without notice, and without liability to you. We are not obligated to maintain, support, or update any feature or content. No modification, suspension, or discontinuation of the Service shall entitle you to any claim, refund, or compensation unless expressly stated in these Terms.

7. Beta and Experimental Features

Saga may offer features designated as “beta,” “experimental,” or “early access” (“Beta Features”). Beta Features are provided “as is” without warranties. They may contain bugs, may be modified or discontinued without notice, and data associated with them may be lost or reset. Use of Beta Features is voluntary and at your own risk.

8. Interactive Content, Sagas, and Story Mechanics

Saga’s core experience involves interactive stories where your choices—and the collective choices of other users—shape the narrative.

8.1 Collective Decision-Making and Algorithmic Discretion

Story outcomes may be determined by aggregate user choices, algorithmic weighting, engagement signals, or other proprietary methods. Saga reserves sole discretion over how choices are tallied, displayed, weighted, and how they influence story progression.

8.2 No Reliance; No Guaranteed Outcomes

You acknowledge that outcomes, rankings, visibility, content placement, and recommendations within the Service are determined by proprietary systems and may change without notice. Saga does not guarantee neutrality, equal exposure, predictability, or any specific result from your participation. You agree not to rely on the consistency or fairness of any algorithmic process, ranking, or content-ordering system within the Service.

8.3 Branching Story Ownership

Branching story structures, narrative paths, and all derivative content generated within the Service are the property of Saga, regardless of user choices that contributed to their creation. Participation does not create any ownership, co-authorship, or intellectual property interest in story structures or outcomes.

8.4 Monetization of Interactive Content

Certain Sagas, story paths, decision points, or premium outcomes may require purchases, subscriptions, or virtual items. User choices and engagement data may influence future content development, monetization, and featured placement.

8.5 Modification and Removal

Interactive content may be updated, rebalanced, or removed at any time without notice. Previously available story paths or outcomes may become unavailable.

9. User-Generated Content

9.1 Your Content

“User Content” means any content you submit, post, share, or transmit through the Service, including comments, messages, story choices, profile information, and interaction data.

You retain ownership of your User Content. By submitting it, you grant Saga a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content for:

• Operating, providing, promoting, and improving the Service.
• Marketing, advertising, and promotional activities across any media format, whether now known or hereafter developed.
• Training, developing, and improving machine learning models, artificial intelligence systems, recommendation algorithms, and other automated systems.
• Analyzing user behavior, preferences, and engagement patterns.
• Distributing content across current and future platforms, formats, and channels.

This license survives termination of your account (see Section 11). All licenses granted to Saga under these Terms shall continue in full force and effect in connection with any merger, acquisition, reorganization, or sale of all or substantially all of Saga’s assets, and shall inure to the benefit of Saga’s successors and assigns.

9.2 Content Standards

Your User Content must not:

• Violate any applicable law or third-party right, including intellectual property, privacy, or publicity rights.
• Contain defamatory, obscene, abusive, threatening, harassing, hateful, or discriminatory material.
• Contain sexually explicit material or content that exploits or endangers children.
• Promote illegal activities, including sale of controlled substances, firearms, or counterfeit goods.
• Contain spam, unsolicited advertising, or deceptive content.
• Impersonate any person or entity.
• Contain viruses, malware, or harmful code.

9.3 Content Moderation

We may monitor, review, or remove User Content at our sole discretion. We are not responsible for User Content posted by users.

Saga has zero tolerance for objectionable content, harassment, abusive behavior, hateful conduct, or abusive users. Violations may result in content removal, feature restrictions, suspension, or permanent account bans.

10. Social Features and Communication

Saga includes social features such as following, direct messaging, and commenting. By using them, you agree to:

• Communicate respectfully and in accordance with our Community Guidelines.
• Refrain from sending spam, unsolicited commercial messages, or harassing content.
• Acknowledge that messages and comments may be monitored for safety and compliance.
• Accept that interactions with other users are at your own risk and that Saga does not screen or verify user identities.

Saga may restrict or disable social features for users who violate these Terms.

11. Termination, Suspension, and Content Retention

11.1 Termination by Saga

We may suspend or terminate your account at any time, with or without cause or notice, including for:

• Violation of these Terms or Community Guidelines.
• Conduct harmful to users, third parties, or Saga’s business interests.
• Law enforcement or government requests.
• Inactivity exceeding twelve (12) consecutive months.

11.2 Termination by You

You may delete your account through app settings or by contacting saaim@playingsaga.com.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately.
• We will make commercially reasonable efforts to remove your profile and User Content from public-facing areas within thirty (30) days, except as noted below.
• We may retain User Content, interaction data, and account information: (i) to comply with legal obligations; (ii) in anonymized or aggregated form for analytics; (iii) in backup systems for a reasonable period; and (iv) where our license survives termination per Section 9.1.
• Content shared with, reposted by, or incorporated into other users’ interactions may persist.

Cancel active subscriptions through your app store before account deletion. Saga is not responsible for charges incurred after deletion if you fail to cancel.

Provisions that by nature should survive termination shall survive, including ownership, disclaimers, indemnity, liability limitations, and the arbitration agreement.

12. User Safety, Reporting, and Enforcement

Saga requires users to follow these Terms and does not tolerate objectionable content or abusive users. We may take immediate action, including removing content, restricting features, suspending accounts, or permanently banning users who violate these rules.

12.1 Reporting

Report violations through the in-app reporting feature or by emailing saaim@playingsaga.com. We will review and take action as appropriate, including warnings, feature restrictions, suspension, or permanent bans. We are not obligated to disclose the outcome of any report.

12.2 Repeat Infringer Policy

Users who repeatedly violate these Terms, Community Guidelines, or applicable law—including intellectual property infringement—are subject to escalating enforcement up to permanent account termination.

12.3 Law Enforcement Cooperation

Saga may disclose account information, User Content, and other data to law enforcement or government officials when required by law or when we believe in good faith that disclosure is necessary to comply with legal process, protect safety, address fraud or security issues, or protect Saga’s rights or property.

12.4 Data Preservation

Saga may preserve account information, communications, and other data when necessary to comply with legal process, respond to governmental requests, enforce these Terms, or protect rights, property, or safety.

13. Disputes Between Users

You are solely responsible for your interactions with other users. Saga is not a party to and has no obligation to mediate, arbitrate, or resolve disputes between users.

You hereby release Saga, its affiliates, officers, directors, employees, and agents from any and all claims, demands, damages, losses, costs, and liabilities of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and other users of the Service.

If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You understand that this waiver means you are giving up the right to bring claims you may not yet know about.

14. In-App Purchases and Subscriptions

14.1 Payment Processing

In-app purchases are processed by the applicable third-party app store (e.g., Apple App Store, Google Play Store) and are subject to that store’s terms, payment policies, and refund procedures. All purchases are final and non-refundable except as required by applicable law or the applicable store’s policies. Refund requests must be directed to the applicable app store.

Prices may change without notice. You are responsible for all charges under your account, including purchases made by minors using your device.

14.2 Subscriptions

Subscriptions auto-renew unless canceled before the renewal date via your app store settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued.

14.3 Virtual Items

Virtual items, currency, or goods are licensed, not sold. They have no real-world monetary value, cannot be transferred outside the Service, and may be modified or eliminated at any time.

15. Location-Based Features

Certain features may use your device’s location data. By enabling them, you consent to collection and use of location information as described in our Privacy Policy. You may disable location services through device settings, which may limit certain features.

16. Intellectual Property Rights

16.1 Saga’s Content

The Service—including all story content, narrative structures, branching paths, graphics, UI, audio, video, text, software, and their design and arrangement—is owned by Saga, its licensors, or other providers and protected by copyright, trademark, trade secret, and other IP laws.

16.2 Trademarks

The Saga name, logo, and related marks are trademarks of Saga or its affiliates. Use without prior written permission is prohibited.

16.3 Feedback

Any feedback, suggestions, or ideas you provide (“Feedback”) become Saga’s exclusive property. You irrevocably assign all rights in Feedback to Saga. To the extent assignment is not effective under applicable law, you grant Saga a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, distribute, display, and exploit such Feedback without restriction or compensation.

17. Prohibited Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Attempt unauthorized access to any part of the Service, other accounts, or connected systems.
• Use automated means (bots, scrapers, crawlers) to access or collect data.
• Interfere with or disrupt the Service or connected networks.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Harm, exploit, or endanger minors.
• Create multiple accounts for deceptive or abusive purposes.
• Circumvent content-filtering, security measures, or access controls.
• Sell, transfer, or assign your account without Saga’s written consent.
• Manipulate story outcomes, voting mechanisms, or engagement metrics through deceptive means.

18. Privacy and Data Protection

Our Privacy Policy describes how we collect, use, store, and share your information. By using the Service, you consent to such practices. Users under 18 should review the Privacy Policy with a parent or guardian.

18.1 COPPA

The Service is not directed to children under 13. If we learn personal information was collected from a child under 13 without verifiable parental consent, we will delete it promptly. Contact saaim@playingsaga.com to report concerns.

18.2 California Residents

California residents may have additional rights under the CCPA and CPRA, including rights to know, delete, and opt out of the sale or sharing of personal information. See our Privacy Policy for details.

18.3 EEA, UK, and International Users

Users in the EEA, UK, or other jurisdictions may have additional rights under the GDPR, UK GDPR, or applicable data protection law, including access, rectification, erasure, restriction, portability, and objection rights. See our Privacy Policy. To the extent applicable, Saga complies with the EU Digital Services Act.

19. Copyright Infringement and DMCA

If you believe your copyrighted work has been infringed, provide our Copyright Contact with:

• A description of the copyrighted work claimed to be infringed.
• A description of where the infringing material is located on the Service.
• Your contact information (address, phone, email).
• A good faith belief statement that the use is unauthorized.
• A statement under penalty of perjury that your notice is accurate and you are authorized to act.
• Your physical or electronic signature.

Copyright Contact: saaim@playingsaga.com

Repeat infringers will be terminated per Section 12.2.

20. Relationship of the Parties

These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship between you and Saga. Saga is a service provider, not a fiduciary. You acknowledge that Saga owes no duties beyond those expressly stated in these Terms and that Saga’s decisions regarding content, visibility, monetization, enforcement, and platform operations are made in Saga’s sole discretion and do not give rise to any fiduciary, equitable, or heightened duty of care.

21. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SAGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SAGA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

SAGA DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY PRODUCTS OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAGA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your access to, use of, or inability to use the Service.
• Any third-party conduct or content on the Service.
• User Content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.

SAGA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF $100.00 OR THE AMOUNTS YOU PAID SAGA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (IV) ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

23. Indemnification

You agree to indemnify, defend, and hold harmless Saga and its affiliates, officers, directors, employees, agents, and licensors from all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any third-party right.
• Any claim that your User Content caused damage to a third party.

24. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

24.1 Informal Resolution

Before filing any formal proceeding, you agree to contact saaim@playingsaga.com and attempt to resolve the dispute informally for at least thirty (30) days.

24.2 Binding Arbitration

Unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted in San Francisco, California unless otherwise agreed or required by AAA Rules.

24.3 Arbitration Fees

Fees are governed by the AAA Consumer Arbitration Rules. If the arbitrator finds your claim frivolous or brought for an improper purpose, you agree to reimburse Saga for fees otherwise your obligation. Saga will not seek attorneys’ fees unless the claim is deemed frivolous.

24.4 Class Action Waiver

YOU AND SAGA AGREE THAT EACH MAY BRING CLAIMS ONLY IN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER CLASS PROCEEDINGS.

If this waiver is found unenforceable, the entire arbitration provision (except this sentence) is null and void, and disputes proceed in court.

24.5 Opt-Out

You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing saaim@playingsaga.com with subject line “Arbitration Opt-Out.” Include your name, mailing address, and Saga account email. Opting out does not affect remaining Terms.

24.6 Exceptions

Either party may: (i) bring individual claims in small claims court; or (ii) seek injunctive relief in any competent court to prevent infringement or misappropriation of intellectual property.

25. Export Controls and Sanctions

The Service may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations and OFAC-administered programs. You represent that you are not: (i) located in, or a resident or national of, any U.S.-embargoed country or country designated as “terrorist supporting”; or (ii) on any U.S. government restricted party list. You agree not to access the Service in violation of any applicable export or sanctions laws.

26. International Use and Local Law Compliance

The Service is operated from the United States. If you access it from outside the U.S., you do so at your own initiative and are solely responsible for compliance with all applicable local, national, and international laws. We make no representation that the Service is appropriate or available in any jurisdiction outside the United States.

27. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law provisions. To the extent court proceedings are permitted, you submit to the exclusive jurisdiction of the state and federal courts in Delaware.

28. General Provisions

28.1 Entire Agreement

These Terms, the Privacy Policy, and the Community Guidelines constitute the entire agreement between you and Saga and supersede all prior agreements.

28.2 Severability

If any provision is found unenforceable, it shall be limited or eliminated to the minimum extent necessary; remaining provisions remain in full force.

28.3 Waiver

Failure to enforce any provision is not a waiver of that or any other provision.

28.4 Assignment

You may not assign these Terms without our written consent. Saga may assign freely, including in connection with a merger, acquisition, or asset sale.

28.5 Force Majeure

Saga is not liable for failure or delay due to causes beyond reasonable control, including natural disasters, war, terrorism, pandemics, governmental actions, or telecommunications failures.

28.6 Notices

Saga may notify you via email, in-app notification, or posting on the Service. You may contact Saga at saaim@playingsaga.com.

29. Contact Information

Questions about these Terms? Contact us:

By using Saga, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.