DRAFT FOR COUNSEL REVIEW — NOT LEGAL ADVICE, NOT YET IN EFFECT. Prepared 2026-07-03 by the engineering team for counsel to convert into operative terms. Technical claims verified against the code at commit 3b50d5d; see MISMATCHES.md. Placeholders [BRACKETED].

Terms of Service

These terms govern use of Sonder, a UX-friction analytics service operated by [COMPANY LEGAL NAME] ("Sonder", "we"). By creating an account you agree to them on behalf of yourself and, if applicable, your organization.

1. The service

Sonder provides a browser SDK and hosted service that captures masked, semantic interaction data from your product, groups recurring UX friction into a bounded set of tracked issues, diagnoses them, and verifies whether fixes worked. Sonder recommends; it does not act: it never contacts your end users, never changes your product, and never merges code. Output is analysis — diagnoses, suggested fixes, and confirmation metrics — for you or your tools to act on.

2. Beta status

The service is currently a beta, provided free of charge with usage caps (see §6). Beta means: features may change or be withdrawn, availability is not guaranteed, no SLA applies, and data-loss safeguards are commercially reasonable but not contractually warranted. [COUNSEL: standard beta disclaimer language.] Access is by invite; we may revoke beta access at our discretion.

3. Accounts and workspaces

You must provide accurate account information and keep credentials confidential. A workspace owner controls billing, data-retention settings, member roles (owner, admin, member, viewer), API keys, and deletion. You are responsible for actions taken under your keys; write keys are client-safe and write-only by design, API keys are secrets and must be protected.

4. Your obligations as controller of end-user data

You (the customer) are the data controller for behavioral data the SDK collects from your product's end users; Sonder is your processor under the DPA. You agree to:

• have a lawful basis for the collection and disclose it appropriately to your end users (for example in your own privacy policy);
• not use the SDK in products directed at children where prohibited, or in contexts collecting special-category/sensitive data without appropriate safeguards and our written agreement;
• use the masking controls (data-sonder-mask, masking config) for any surface where residual on-screen text could be sensitive;
• not attempt to re-identify masked data or circumvent masking.

5. Acceptable use

No unlawful use, no scraping or probing of other customers' data, no resale of the service without agreement, no attempts to disrupt or overload the service, no reverse engineering except as permitted by law. The SDK is licensed under MIT (see the package LICENSE); these terms govern the hosted service.

6. Plans and fees

Pricing is flat per tier, based on tracked issues and workspaces — never on sessions, events, or traffic volume. Current tiers: Beta ($0: 25 tracked issues, 1 workspace, 3 seats), Team ($99/mo: 250 tracked issues, 3 workspaces, 10 seats), Business ($299/mo: 1,000 tracked issues, 10 workspaces, 25 seats). We may change prices for future billing periods with at least 30 days' notice. Paid plans are billed via Stripe. [COUNSEL: refund/proration, tax, and non-payment suspension terms.]

7. Intellectual property

We own the service, the SDK, and everything we ship. You own your product, your data, and the event data collected from your product (we process it per the DPA). You grant us the license needed to operate the service on that data, including generating aggregated, de-identified operational statistics that do not identify you or any person. [COUNSEL: confirm scope of the de-identified statistics clause; nothing in the product currently trains models on customer data, and we should not claim rights to do so.]

8. Confidentiality, security, privacy

We handle data per the Privacy Policy and Security Overview. Both are drafts pending counsel review and are incorporated by reference once effective.

9. Termination

You can delete your workspace at any time, which deletes its control-plane records; raw event data expires per retention settings. We may suspend or terminate for breach, abuse, or (during beta) at discretion with notice. Sections that by nature survive (IP, liability, disputes) survive.

10. Disclaimers and liability

The service is provided "as is" during beta. Diagnoses and suggested fixes are probabilistic analysis, not guarantees; confirmation metrics show correlation, not causation, and you are responsible for changes you ship. [COUNSEL: warranty disclaimer, limitation of liability (cap at fees paid / $100 during free beta), consequential-damages exclusion, indemnities.]

11. Governing law and disputes

[COUNSEL: venue, governing law, arbitration position — TBD with counsel.]

12. Changes to these terms

We will notify account owners of material changes by email at least 14 days before they take effect; continued use constitutes acceptance.

Contact: [legal@DOMAIN] (interim: macklpgr@gmail.com).