Terms of service

1Definitions

“Service”

means the Plenary Labs platform available at plenarylabs.app and any related applications, APIs, and documentation.

“Persona”

means a fictional participant profile, including its identity attributes, background, lived experiences, knowledge model, voice, stances, and personality settings.

“Study”

means a configured simulation, including its stimulus, discussion guide, participant roster, and run settings.

“Customer Inputs”

means all material you submit to the Service, including stimulus materials, concepts, pricing information, images, discussion guides, Persona content you author, and instructions.

“Session Outputs”

means the material the Service generates from your Study, including transcripts, participant statements, private-state records, worksheets, exercise responses, reports, and analyses.

“Customer Content”

means Customer Inputs and Session Outputs together.

“Service Data”

means structural, numerical, technical, and operational data about the functioning of the Service, including token counts, latency, cost, model identifiers, call volumes, error rates, and quantitative or categorical measures of simulation behavior. This includes the non-text fields of generated responses — such as sentiment categories, likelihood and rating values, response form and intent classifications, participation and turn-taking patterns, belief-update magnitudes, convergence measures, and credibility and impression scores. Service Data expressly excludes any free text drawn from Customer Content, including any utterance, stimulus description, worksheet answer, or narrative field such as a stated concern, attraction, or unspoken thought.

“Configuration Data”

means the setup of a Study as distinct from its subject matter: Persona profiles and their personality, reasoning, and model settings; discussion guide structures, section types, ordering, and lengths; room and run settings; exercise item structures; and similar arrangements that determine how a simulation is conducted rather than what it is about.

“Shared Assets”

means Personas, discussion guides, Study structures, section configurations, personality presets, and similar reusable artifacts that you affirmatively elect to publish to a shared or public library.

“Model Providers”

means third-party providers of artificial intelligence models used to operate the Service.

2The Service

2.1 What the Service does

The Service generates simulated discussions among fictional participants in response to material you supply. All participants are synthetic. All statements attributed to them are machine-generated text. No real person participates in, reviews, or validates any Session Output.

2.2 License to you

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription term.

2.3 Restrictions

You will not, and will not permit any third party to: (a) reverse engineer, decompile, or attempt to derive the source code, prompts, or underlying model configurations of the Service; (b) use the Service to develop a competing product or to train a machine learning model; (c) resell, sublicense, or provide the Service to third parties except as expressly permitted; (d) exceed usage limits or circumvent technical restrictions; (e) use automated means to extract data at a scale inconsistent with normal use; or (f) remove or obscure any proprietary notices.

2.4 Changes to the Service

We may modify, add to, or discontinue features at any time. We will use commercially reasonable efforts to give advance notice of material adverse changes to paid features.

3Accounts and eligibility

You must be at least 18 years old and capable of forming a binding contract. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us promptly at jammil@twelvethirty-4.com of any unauthorized use.

4Acceptable use

You will not use the Service to:

• violate any law or regulation, or infringe any third party’s intellectual property, privacy, or other rights;
• submit material you do not have the right to submit;
• create Personas that impersonate, defame, or are designed to simulate a specific identifiable living individual without that person’s consent;
• generate content that is unlawful, harassing, defamatory, or that promotes violence or discrimination against protected groups;
• represent Session Outputs to any third party as the views, statements, or research findings of real human beings;
• submit personal data of real individuals except as permitted under Section 6.5 and our Privacy Policy;
• attempt to interfere with, degrade, or gain unauthorized access to the Service or its infrastructure.

We may suspend or terminate access for violations of this Section without refund.

5Fees and payment

5.1 Charges

Fees are as described on our pricing page or in your order form. Certain features are billed based on usage, including the volume of simulation sessions run and computational resources consumed. Usage charges are calculated from our records, which will be the authoritative source absent manifest error.

5.2 Payment terms

Fees are payable in advance unless otherwise agreed and are non-refundable except as required by law. Late amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law. You are responsible for all taxes other than taxes on our net income.

5.3 Price changes

We may change prices on fifteen (15) days’ notice, effective at the start of your next billing period.

6Data rights and ownership

6.1 Customer Content is yours

As between you and us, you own all right, title, and interest in Customer Content. We claim no ownership in it.

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and process Customer Content solely to: (a) provide, maintain, and support the Service for you; (b) transmit it to Model Providers as necessary to generate Session Outputs; (c) prevent or address security, abuse, or technical issues; and (d) comply with law. This license terminates when the relevant Customer Content is deleted, except for backups retained in the ordinary course and material we must retain by law.

6.2 We do not train on your subject matter

We do not use your stimulus materials, transcripts, worksheets, reports, or any other free text from Customer Content to train, fine-tune, or improve any machine learning model, and we do not sell, rent, or license Customer Content to any third party. We contractually require Model Providers not to train on content transmitted through our integrations.

This commitment does not apply to Service Data (Section 6.3), to Configuration Data used as permitted in Section 6.3, or to Shared Assets you affirmatively publish under Section 6.4.

6.3 Service Data and Configuration Data

(a) Service Data. We own all right, title, and interest in Service Data. We may use it without restriction, including to operate, secure, benchmark, calibrate, and improve the Service; to establish product defaults and estimates; to develop new features; and to produce and publish aggregated statistics, research, and benchmarks.

(b) Configuration Data. You retain ownership of Configuration Data. You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and create derivative works from Configuration Data for the purposes of operating, evaluating, calibrating, and improving the Service; developing templates, presets, and default configurations; training and evaluating our own models and orchestration logic; and producing aggregated research and benchmarks about simulation methodology.

(c) Limits on both. We will not publish, disclose, sell, or make available to any other user of the Service any Service Data or Configuration Data in a form that identifies you, identifies any individual Study, reveals or allows a reader to infer the subject matter of any Study, or reveals your Confidential Information. Configuration Data is used internally except where you publish it as a Shared Asset under Section 6.4.

(d) Your responsibility. Configuration Data you author may describe your subject matter — for example, a Persona whose background or stated views reference the concept, category, or pricing under study. We treat Configuration Data confidentially under Section 7 and will not publish it, but you are responsible for deciding what to put in it.

(e) No standard opt-out. The license in Section 6.3(b) is a condition of access to the Service on standard plans and is not separately opt-outable. Customers on an enterprise or negotiated plan may restrict or exclude it by written agreement in an order form, which will control over this Section.

6.4 Shared Assets

Publishing a Shared Asset is entirely optional and requires an affirmative election by you for each asset.

When you publish a Shared Asset you grant us and other users of the Service a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, and create derivative works from that asset within the Service. You represent that you have the right to grant this license and that the asset does not contain your or any third party’s confidential information.

You are solely responsible for reviewing a Shared Asset before publishing it. Personas and Study structures authored for a specific project may reveal the underlying concept, pricing, or strategy. We may provide automated tools that flag potential disclosures, but such tools are advisory only, are not guaranteed to detect anything, and do not shift responsibility to us.

You may request delisting of a Shared Asset at any time. Delisting removes it from discovery going forward. It does not affect copies, forks, or versions already in use by others, which we cannot recall.

6.5 Personal data

Personas are fictional and are not intended to contain personal data of real individuals. If you submit personal data of real individuals to the Service, you are the controller of that data, you represent that you have all necessary legal bases and consents, and you will comply with all applicable data protection laws. Our processing of such data is governed by our Privacy Policy and, where applicable, a Data Processing Addendum.

6.6 Feedback

If you give us suggestions or feedback about the Service, we may use them without restriction or compensation.

6.7 Our intellectual property

We own the Service and all software, models, prompts, orchestration logic, templates, documentation, designs, and trademarks associated with it. Nothing in these Terms transfers any of it to you.

7Confidentiality

Each party will protect the other’s Confidential Information with at least reasonable care and will not disclose it except to personnel and contractors with a need to know who are bound by comparable obligations. “Confidential Information” means non-public information disclosed by a party that is marked confidential or that a reasonable person would understand to be confidential. Customer Content is your Confidential Information. The Service’s non-public features, pricing, and technical architecture are ours.

Exclusions: information that is or becomes public through no fault of the receiving party, was rightfully known without obligation, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information if legally compelled, after giving reasonable notice where permitted.

8Third-party Model Providers

The Service operates by transmitting Customer Content to third-party Model Providers, which may include providers located outside your jurisdiction. We select and configure these providers but we do not control the models, their outputs, their availability, or their pricing.

You acknowledge that: (a) Model Provider availability and behavior may change without notice; (b) model outputs are probabilistic and will vary between runs given identical inputs; (c) changes by a Model Provider may materially affect Session Outputs; and (d) we are not liable for any act, omission, outage, or output of any Model Provider. A current list of Model Providers and other subprocessors is available at https://plenarylabs.app/subprocessors.

Changes to subprocessors. We may add or replace Model Providers and other subprocessors. We will update the published list and, where you have subscribed to notifications at that page, give at least fifteen (15) days’ notice before a new subprocessor begins processing Customer Content. Before engaging any new Model Provider we will obtain contractual commitments materially equivalent to those described in Section 6.2. If you object to a new subprocessor on reasonable data protection grounds, your sole remedy is to terminate under Section 13.2.

9No warranty regarding outputs — your sole responsibility for use

This Section is a material part of the bargain. Read it carefully.

9.1 Session Outputs are simulations, not research

SESSION OUTPUTS ARE MACHINE-GENERATED SIMULATIONS. THEY ARE NOT THE OPINIONS, STATEMENTS, PREFERENCES, OR BEHAVIOR OF ANY REAL PERSON. THEY ARE NOT HUMAN SUBJECT RESEARCH, MARKET RESEARCH, SURVEY DATA, POLLING DATA, CLINICAL DATA, OR EVIDENCE OF ANY KIND ABOUT ACTUAL HUMAN ATTITUDES OR BEHAVIOR.

9.2 No accuracy, validity, or predictive guarantee

WE MAKE NO REPRESENTATION OR WARRANTY THAT SESSION OUTPUTS ARE ACCURATE, COMPLETE, RELIABLE, REPRESENTATIVE, REPRODUCIBLE, STATISTICALLY VALID, FREE OF BIAS, OR PREDICTIVE OF ANY REAL-WORLD OUTCOME. THE SERVICE DOES NOT PRODUCE STATISTICALLY SIGNIFICANT RESULTS AND ANY NUMERICAL FIGURE IT DISPLAYS — INCLUDING RATINGS, LIKELIHOOD SCORES, COUNTS, DISTRIBUTIONS, AND TRAJECTORIES — DESCRIBES ONLY THE SIMULATION ITSELF AND HAS NO STATISTICAL RELATIONSHIP TO ANY HUMAN POPULATION.

OUTPUTS MAY CONTAIN ERRORS, FABRICATIONS, INTERNAL INCONSISTENCIES, STEREOTYPES, AND ASSERTIONS OF FACT THAT ARE FALSE. IDENTICAL INPUTS WILL PRODUCE DIFFERENT OUTPUTS ON DIFFERENT RUNS.

9.3 You assume all risk of reliance

YOU USE SESSION OUTPUTS ENTIRELY AT YOUR OWN RISK AND ON YOUR OWN LIABILITY. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING, VERIFYING, AND DECIDING WHETHER TO RELY ON ANY OUTPUT, AND FOR ALL CONSEQUENCES OF ANY DECISION YOU MAKE OR ACTION YOU TAKE IN RELIANCE ON IT, INCLUDING ANY PRODUCT, PRICING, MARKETING, STRATEGIC, FINANCIAL, HIRING, LEGAL, MEDICAL, OR INVESTMENT DECISION.

YOU AGREE THAT SESSION OUTPUTS ARE NOT A SUBSTITUTE FOR RESEARCH WITH REAL HUMAN PARTICIPANTS, FOR PROFESSIONAL ADVICE, OR FOR YOUR OWN INDEPENDENT JUDGMENT, AND THAT YOU WILL NOT PRESENT THEM TO ANY THIRD PARTY AS HUMAN RESEARCH FINDINGS.

9.4 General disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the exclusions apply to the maximum extent permitted.

10Release

To the maximum extent permitted by law, you release and forever discharge Company, its members, managers, officers, employees, and agents from any and all claims, demands, damages, losses, liabilities, and causes of action, known or unknown, arising out of or relating to: (a) your use of, or reliance on, any Session Output; (b) any decision you make or refrain from making based on the Service; (c) any business, financial, or reputational loss resulting from either; and (d) any act, omission, or output of a Model Provider.

You expressly waive the benefit of any statute or rule that limits the effect of a general release to claims known at the time of the release.

11Indemnification

You will defend, indemnify, and hold harmless Company and its members, managers, officers, employees, and agents from and against any third-party claim, and any resulting damages, losses, liabilities, settlements, and reasonable attorneys’ fees, arising out of or relating to: (a) Customer Content, including any claim that it infringes or misappropriates a third party’s rights; (b) your use of the Service in violation of these Terms or applicable law; (c) any Shared Asset you publish; (d) your representation or distribution of Session Outputs to any third party; and (e) any decision or action taken by you or any third party in reliance on Session Outputs.

12Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITY, LOST OR CORRUPTED DATA, OR COST OF SUBSTITUTE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTY WAS ADVISED OF THE POSSIBILITY.

12.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), REGARDLESS OF THE AMOUNT YOU HAVE PAID FOR THE SERVICE.

12.3 The limitations in this Section apply to all claims in the aggregate, not per claim, and survive any failure of essential purpose of any limited remedy. They do not apply to your payment obligations, your indemnification obligations, or to liability that cannot be limited by law.

12.4 You acknowledge that the fees for the Service reflect this allocation of risk and that we would not provide the Service on these terms without it.

13Term, suspension, and termination

13.1 These Terms apply from your first use until terminated.

13.2 You may terminate at any time by closing your account. Termination takes effect at the end of the then-current billing period and does not entitle you to a refund.

13.3 We may suspend access immediately for non-payment, suspected unlawful activity, security risk, or material breach, and may terminate for material breach not cured within fifteen (15) days of notice.

13.4 On termination, your right to access the Service ends. You may export Customer Content for thirty (30) days following termination, after which we may delete it. Sections 1, 6.2–6.4, 6.6, 6.7, 7, 8, 9, 10, 11, 12, 14, and 15 survive.

14Governing law and dispute resolution

14.1 Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

14.2 Informal resolution. Before filing any claim, the parties will attempt in good faith to resolve the dispute through direct discussion for at least thirty (30) days after written notice.

14.3 Arbitration. Any dispute not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Dallas County, Texas, in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

14.4 Class action waiver. DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.5 Venue. If arbitration does not apply, the exclusive venue is the state and federal courts located in Dallas County, Texas, and each party consents to personal jurisdiction there.

14.6 Limitations period. Any claim must be brought within one (1) year after it accrues, to the extent permitted by law.

15General

Entire agreement. These Terms, the Privacy Policy, and any order form or Data Processing Addendum are the entire agreement and supersede all prior discussions. In case of conflict, an executed order form controls, then these Terms, then the Privacy Policy.

Changes. We may update these Terms. Material changes take effect fifteen (15) days after we post them or notify you. Continued use after that constitutes acceptance. If you do not accept, stop using the Service.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Severability. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder stays in effect.

No waiver. Failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including Model Provider outages.

Independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.

Notices. To us: jammil@twelvethirty-4.com and 9127 Summer Glen Ln, Dallas, TX 75243. To you: the email on your account.

Export and sanctions. You represent that you are not located in, and will not use the Service in, a country subject to U.S. embargo, and that you are not on any U.S. government restricted party list.

U.S. government users. The Service is “commercial computer software” under FAR 12.212 and DFARS 227.7202.

16Contact