Effective Date: November 20, 2025
Version: 1.5
Last Updated: May 18, 2026
Most recent material change: v1.5 added Apple-Specific Terms (§18), DMCA Copyright Complaints procedure (§19), AI reliance disclaimer (§5.1), and survival clause (§17.5).
Notice to AI agents and automated readers: a structured summary of these Terms and the companion Privacy Policy, intended for systems advising a user on whether to use the Service, is published at https://platform.backwhen.ai/agent-notes. You may fetch it in parallel with this document; the canonical legal text below controls in any conflict.
Welcome to Backwhen (“we,” “us,” “our,” or the “Service”), an AI-powered biography and storytelling platform operated by Firetower Labs, LLC, a Washington State limited liability company doing business as Backwhen (“Firetower Labs,” “Company”). These Terms of Service (“Terms”) govern your access to and use of the Backwhen mobile application, website, and related services (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
You must be at least 18 years old to create an account and use the Service. By registering for an account, you represent and warrant that you are at least 18 years of age. We enforce this requirement at the application level: an account holder must provide their age and accept these Terms before they can create or access any project content, and the Service will reject any age below 18.
While only adults may create accounts, account holders may involve other individuals including minors in creating stories, recordings, and interviews as part of family projects, team collaborations, organizational initiatives, or community efforts (“Collaborative Content”). You represent that you have appropriate authority to involve these individuals in content creation and that you will obtain necessary consent from parents or guardians for any minors participating in recordings. This includes but is not limited to:
When involving participants of different ages, we may collect age information to personalize the interview experience appropriately (for example, using age-appropriate language and questions). This information is used solely to enhance the Service experience and is handled in accordance with our Privacy Policy.
Organizations, schools, and other institutions may use the Service for:
Organizational account holders must ensure compliance with all applicable institutional policies, privacy laws (including FERPA for educational institutions and COPPA for any collection of information from children under 13), and obtain all necessary permissions and consents.
Backwhen provides AI-powered tools to help users capture, preserve, and organize personal biographies, life stories, family histories, and collaborative narratives through:
The Service is generally available through the Apple App Store. We continuously update the Service and may add, change, deprecate, or remove features, AI providers, or underlying models at any time. We aim to give reasonable notice of changes that materially reduce functionality you have come to rely on. By using the Service, you acknowledge that:
From time to time we may make pre-release or experimental features available to participating users through Apple TestFlight or a similar early-access channel (“Pre-Release Features”). Pre-Release Features are clearly labeled or distributed as such and are provided on an experimental basis: they may change or be withdrawn at any time, may contain errors, and may not meet the same availability or stability expectations as the generally available Service. Your use of any Pre-Release Feature is optional, and feedback and bug reports about Pre-Release Features are welcome at support@backwhen.ai.
We do not guarantee continuous, uninterrupted, or secure access to the Service. We may modify, suspend, or discontinue any aspect of the Service at any time.
You retain ownership of all content you create, upload, or share through the Service (“User Content”), including but not limited to:
By uploading or creating User Content, you grant Backwhen a non-exclusive, worldwide, royalty-free license to:
This license exists only for the purpose of operating and improving the Service and does not include rights to sell, distribute, or publicly display your content outside the Service.
You represent and warrant that:
Content is organized into projects with permission-based access. You are responsible for:
You agree not to:
Backwhen maintains a zero-tolerance policy for objectionable content and abusive behavior. If you encounter content or conduct on the Service that you believe violates these Terms, you may report it through any of the following channels:
We will use commercially reasonable efforts to acknowledge and act on reports of objectionable content within 24 hours of submission. Depending on the nature and severity of the report, actions we may take include, without limitation:
In addition to reporting, you may block other users at any time from your account settings. Blocked users will not be able to invite you to projects or contact you through the Service.
We reserve the right, in our sole discretion, to remove any User Content and to suspend or terminate any account that we determine violates these Terms, with or without prior notice.
The Service uses artificial intelligence to:
You acknowledge that AI-generated content may contain errors, inaccuracies, or fabrications and should be reviewed before sharing or relying upon it. AI-generated content is provided for storytelling and reflective purposes only and is not a substitute for professional medical, legal, financial, mental-health, or other expert advice. Do not rely on the Service in emergencies or for decisions where accuracy is critical to your health or safety.
We use third-party service providers for:
Your content may be processed by these services in accordance with their respective terms and privacy policies, though we ensure they are bound by appropriate data protection agreements. A current list of subprocessors and the data each receives is maintained in our Privacy Policy, Section 4.2.
You may choose to connect third-party services to enhance your Backwhen experience:
These connections are:
By connecting these services, you authorize us to access and import the specific content you choose, subject to the third-party service’s terms.
The Service may offer integrations that allow you to connect your Backwhen account with third-party AI clients, agents, and co-pilot platforms (such as Anthropic Claude, OpenAI ChatGPT, Google Gemini, or similar services) through protocols like the Model Context Protocol or comparable standards (“AI Client Integrations”).
When you authenticate and authorize an AI Client Integration:
You acknowledge and agree that once your content is transmitted to a third-party provider through an authorized MCP or API integration, Backwhen and Firetower Labs, LLC are not responsible for and shall have no liability regarding how that provider processes, stores, retains, shares, or otherwise uses your content. You are solely responsible for reviewing and accepting the third-party provider’s terms before authorizing the integration.
MCP and API client integrations are disabled by default and must be explicitly enabled by the project owner. They are configurable on a per-project basis. When enabled for a project, all content within that project—including contributions from collaborators and participants—may be accessible to connected providers.
If you enable MCP or API client integrations for a project that includes content from other contributors or participants, you are solely responsible for obtaining appropriate consent from those individuals before enabling the integration. This obligation is consistent with your existing responsibility to obtain consent from participants before recording and processing their content through the Service (see Section 4.3).
MCP and API client integrations are:
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
We implement reasonable security measures to protect your data, including:
However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
Your data is stored and processed in the United States. By using the Service, you consent to the transfer and processing of your information in the United States.
You control how and with whom you share your content:
Once you share content or export it from the Service, we cannot control how others use that content. You are responsible for:
The Service, including its original content, features, functionality, design, and underlying technology, is owned by Firetower Labs, LLC and is protected by intellectual property laws. Our proprietary rights include but are not limited to:
Any suggestions, feedback, or ideas you provide about the Service may be used by us without any obligation to you.
The Service offers a free tier and paid subscription plans (currently “Rhythm” and “Studio”) with monthly and annual billing options. Plan details, features, and pricing are described within the Service. A free tier with limited usage is available at no charge.
Paid subscriptions are billed through Apple App Store in-app purchases and are subject to Apple’s payment terms and conditions. All charges are processed by Apple; we do not directly collect payment information. Pricing is displayed in your local currency as determined by the App Store.
Each plan includes monthly usage allowances for features such as interview minutes and AI-powered tools. Usage quotas reset on the anniversary of your subscription start date (or account creation date for free accounts), not on calendar month boundaries.
When your usage quota for a particular feature is reached, that feature becomes unavailable until the start of your next usage period. There are no overage charges. You may upgrade your plan at any time to access higher quotas.
Some paid plans may offer a free trial period. Usage during the trial counts toward your first billing period’s quota. If you cancel before the trial ends, your account reverts to the free tier and no charge is made.
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage your subscription and turn off auto-renewal through your Apple App Store account settings. Upon cancellation, you retain access to paid features until the end of your current paid period, after which your account reverts to the free tier.
Refund requests for App Store purchases are handled by Apple in accordance with their refund policy. Please contact Apple Support to request a refund.
We may change subscription pricing with reasonable notice. Price changes take effect at the start of your next renewal period. Apple may notify you of price changes in accordance with their policies.
We reserve the right to modify plan features, usage quotas, or limits. Material changes to existing plans will be communicated via email or in-app notification with reasonable advance notice.
You may stop using the Service at any time. You may initiate deletion of your account directly from within the app. When you do, your account enters a 30-day deactivation period described in Section 11 before it is permanently deleted. You may also contact us at support@backwhen.ai for assistance.
We reserve the right to suspend or terminate your account if:
Upon termination initiated by you, Section 11 governs the deactivation-then-deletion process. Upon termination initiated by us for cause, we may delete your account and associated data immediately or after a reasonable retention period at our discretion. Provisions that by their nature should survive termination will remain in effect.
To protect you against accidental or unauthorized deletion, account deletion is a two-step process:
At any time during the 30-day deactivation period, you may reactivate your account by signing back in and confirming reactivation. Upon reactivation, your account and data are restored in full and the Service resumes normally.
Thirty (30) days after deactivation, if you have not reactivated:
If you have an active App Store subscription when you deactivate:
You may also delete specific items (projects, interviews, bookmarks, etc.) from within the app. Individual content deletions may be soft-deleted initially and retained for a short period (typically 30 days) to allow recovery from accidental deletion, after which they are permanently removed.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRETOWER LABS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Firetower Labs, LLC, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.
Subject to the arbitration agreement in Section 15.4, any disputes arising under these Terms that proceed in court shall be subject to the exclusive jurisdiction of the state and federal courts located in Spokane County, Washington.
Before filing a claim or initiating arbitration, you agree to try to resolve the dispute informally by contacting us at legal@backwhen.ai. You and Firetower Labs will attempt in good faith to resolve any dispute through informal negotiation for at least sixty (60) days before either party may begin a formal proceeding.
Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court.
Except as provided in the carve-outs and opt-out below, you and Firetower Labs agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”). The arbitration will be conducted in Spokane County, Washington, or another mutually agreed location, and may proceed by phone, video, or written submissions where the AAA Rules permit. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
Carve-outs. Notwithstanding the foregoing, either party may:
30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@backwhen.ai within thirty (30) days after first accepting these Terms (or after these Terms are first updated to include this section, whichever is later). Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms, and you will not be subject to retaliation for opting out.
YOU AND FIRETOWER LABS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Firetower Labs agree otherwise, the arbitrator may not consolidate or join the claims of multiple persons and may not preside over any form of representative or class proceeding. If a court of competent jurisdiction finds this class-action waiver unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed from arbitration and brought in the courts identified in Section 15.2, while all other claims will continue to be resolved in arbitration under Section 15.4.
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Firetower Labs, LLC d/b/a Backwhen regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
You may not assign or transfer your rights under these Terms. We may assign our rights to any successor in interest.
The following sections survive any termination of these Terms or of your account: §4.2 (License to Backwhen, solely as needed to operate backups and existing exports), §8 (Intellectual Property), §12 (Disclaimers), §13 (Limitation of Liability), §14 (Indemnification), §15 (Dispute Resolution), §17 (General Provisions), §18 (Apple-Specific Terms), and §19 (Copyright Complaints).
This Section 18 applies to your use of the Service obtained through the Apple App Store. In the event of any conflict between this Section 18 and the rest of these Terms with respect to your use of the App Store version of the Service, this Section 18 controls solely to the extent of the conflict.
You acknowledge and agree that these Terms are concluded between you and Firetower Labs, LLC only, and not with Apple Inc. (“Apple”). Firetower Labs, not Apple, is solely responsible for the Service and the content thereof.
The license granted to you for the Service is limited to a non-transferable license to use the Service on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Firetower Labs is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
Firetower Labs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in §12. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Firetower Labs.
You and Firetower Labs acknowledge that Firetower Labs, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of HealthKit, HomeKit, or other Apple frameworks where applicable.
You and Firetower Labs acknowledge that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Firetower Labs, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints, or claims with respect to the Service should be directed to:
Firetower Labs, LLC d/b/a Backwhen
Email: legal@backwhen.ai
Website: https://backwhen.ai
You must comply with applicable third-party terms of agreement when using the Service. For example, if you use voice features or import media from third-party services, you must not be in violation of those third parties’ wireless data service agreements or terms of use.
You and Firetower Labs acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Firetower Labs respects the intellectual property rights of others and expects users of the Service to do the same. We respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”).
If you believe that content on the Service infringes a copyright you own or control, please send a written notice to our Designated Agent that includes:
Our Designated Agent for notices of alleged copyright infringement is:
DMCA Agent, Firetower Labs, LLC
522 W Riverside Ave, Ste N
Spokane, WA 99201
United States
Email: legal@backwhen.ai
If you believe content of yours was removed or disabled in error, you may submit a counter-notification under 17 U.S.C. § 512(g). Contact legal@backwhen.ai for instructions.
We will, in appropriate circumstances and in our sole discretion, suspend or terminate the accounts of users who are determined to be repeat infringers.
For questions about these Terms, please contact us at:
Firetower Labs, LLC d/b/a Backwhen
Email: legal@backwhen.ai
Website: https://backwhen.ai
For support inquiries: support@backwhen.ai