Make Believe LLC Terms of Service

Effective Date: June 13, 2025
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1. Acceptance of Terms

By accessing or using the archetype assessment service ("Service") provided at www.bna72.com and any related websites or services operated by Make Believe LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using our Service.

We reserve the right to update these Terms at any time at our sole discretion. Changes take effect immediately upon posting. Your continued use of the Service constitutes acceptance of revised Terms.
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2. Service Description & Disclaimers
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2.1 Nature of Service

The Service provides an automated personality archetype assessment using artificial intelligence for entertainment, educational, and self-reflection purposes only. The Service is NOT:

  • A psychological evaluation or diagnosis
  • Medical or mental health advice
  • Professional counseling or therapy
  • A scientifically validated assessment tool
  • A basis for making important life decisions

2.2 AI Processing Disclosure

You acknowledge and agree that:

  • Your responses are processed by automated AI systems (including third-party AI services)
  • AI-generated results are interpretive and subjective, not factual determinations
  • Results may contain inaccuracies, biases, or errors
  • We make NO WARRANTY regarding the accuracy, relevance, or applicability of results
  • Different users providing similar responses may receive different results
  • AI processing methods may change without notice

2.3 No Professional Advice

THE SERVICE DOES NOT PROVIDE PROFESSIONAL PSYCHOLOGICAL, MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. Results are for entertainment and self-reflection only. Always consult qualified professionals for advice regarding your specific situation.
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3. User Responsibilities & Prohibited Uses
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3.1 Accurate Information

You represent and warrant that all information you provide is accurate, current, and complete. You acknowledge that providing false information may result in inaccurate or meaningless results.

3.2 Prohibited Activities

You agree NOT to:

  • Use the Service for any unlawful purpose or in violation of these Terms
  • Submit content containing personal information of others without consent
  • Input defamatory, obscene, threatening, or otherwise inappropriate content
  • Use results for employment screening, discrimination, or any unlawful purpose
  • Attempt to reverse engineer, decompile, or discover our archetype methodology
  • Scrape, data mine, or use automated systems to access the Service
  • Circumvent any security measures or access restrictions
  • Misrepresent your identity or impersonate others
  • Use the Service if you are under 18 years of age
  • Share, resell, or commercialize your assessment results without permission
  • Overwhelm our systems with excessive requests
  • Use results to diagnose, treat, or make decisions about mental health

3.3 Assumption of Risk

YOU ACKNOWLEDGE THAT SELF-ASSESSMENT AND INTROSPECTION MAY TRIGGER EMOTIONAL RESPONSES. You assume all risks associated with using the Service, including but not limited to emotional distress, anxiety, or other psychological responses. If you experience distress, please discontinue use and seek appropriate professional support.
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4. Privacy & Data Security
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4.1 Data Collection and Use

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to:

  • Automated processing of your responses by AI systems
  • Temporary storage of data for result generation
  • Use of third-party services (Typeform, Claude AI, etc.) for processing
  • Communication regarding your results and optional follow-up services

4.2 Security Limitations

While we implement commercially reasonable security measures, including HTTPS encryption for data transmission, WE CANNOT GUARANTEE ABSOLUTE SECURITY. You acknowledge that:

  • No internet transmission is completely secure
  • Data breaches may occur despite our efforts
  • Third-party services we use may experience security incidents
  • We are not responsible for breaches of third-party services
  • You use the Service at your own risk

4.3 Data Breach Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM RESULTING FROM DATA BREACHES, UNAUTHORIZED ACCESS, OR DISCLOSURE OF YOUR INFORMATION, INCLUDING BUT NOT LIMITED TO BREACHES OF THIRD-PARTY SERVICES WE USE.
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5. Intellectual Property Rights
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5.1 Our Intellectual Property

All content, features, and functionality of the Service, including but not limited to:

  • The 72-archetype classification system
  • Assessment questions and methodology
  • AI prompts and processing methods
  • Website design, text, graphics, and logos
  • Archetype descriptions and interpretations

are owned by or licensed to us and are protected by copyright, trademark, trade secret, and other intellectual property laws.

5.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the Service for personal, non-commercial purposes
  • View and retain one copy of your assessment results
  • Share your personal results for non-commercial purposes with attribution

This license does NOT include rights to:

  • Reproduce our archetype system or methodology
  • Create derivative works based on our content
  • Use our content for commercial purposes
  • Remove proprietary notices from our materials

5.3 User Content License

By submitting responses to our assessment, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use your responses solely for:

  • Generating your personalized results
  • Improving our Service (in anonymized form)
  • Complying with legal obligations

We will NEVER share your personal responses publicly or use them for marketing without your explicit consent.
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6. Limitation of Liability
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6.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF RESULTS
  • UNINTERRUPTED OR ERROR-FREE SERVICE
  • SECURITY OF DATA TRANSMISSION

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAKE BELIEVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM:
    • Your use or inability to use the Service
    • Unauthorized access to your data
    • Errors or omissions in assessment results
    • Personal injury or emotional distress
    • Any conduct or content of any third party
    • Data breaches or security incidents

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS, OR $100, WHICHEVER IS LESS.

6.3 Jurisdictional Limitations

Some jurisdictions do not allow exclusion of warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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7. Indemnification

You agree to indemnify, defend, and hold harmless Make Believe LLC and its officers, directors, employees, partners, and suppliers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your misuse of the Service
  • Content you submit to the Service
  • Your violation of applicable laws or regulations
  • Claims that your use caused damage to a third party

This indemnification obligation will survive termination of these Terms.
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8. Third-Party Services
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8.1 Third-Party Processors

Our Service uses third-party services including but not limited to:

  • Typeform (form collection)
  • Claude AI by Anthropic (AI processing)
  • Webflow (result hosting)
  • Various cloud services

We are not responsible for the practices, security, or content of third-party services. Your use of our Service constitutes acknowledgment of this limitation.

8.2 Links to Other Websites

Our Service may contain links to third-party websites. We do not control and are not responsible for these sites. We provide links only for convenience and do not endorse their content.
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9. Service Modifications and Termination
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9.1 Our Rights

We reserve the right to:

  • Modify, suspend, or discontinue the Service at any time without notice
  • Change features, functionality, or assessment methodology
  • Refuse service to anyone for any lawful reason
  • Terminate accounts for Terms violations

9.2 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your data per our Privacy Policy
  • Provisions that should survive (liability limits, indemnification, etc.) remain in effect
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10. Dispute Resolution
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10.1 Governing Law

These Terms are governed by the laws of Texas, United States, without regard to conflict of law principles.

10.2 Arbitration Agreement

PLEASE READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS:

  • Any dispute arising from these Terms or the Service shall be resolved through binding arbitration
  • Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules
  • Arbitration will occur in Austin, Texas
  • Each party bears its own costs unless the arbitrator determines otherwise
  • Small claims court actions are exempt from arbitration

10.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION. Disputes must be brought in your individual capacity only.

10.4 Time Limitation

Any cause of action arising from the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause is permanently barred.
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11. Additional Provisions
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11.1 Children's Privacy

The Service is not intended for users under 18. We do not knowingly collect information from children under 18. If we learn we have collected such information, we will promptly delete it.

11.2 Accessibility

While we strive for accessibility, we cannot guarantee full compliance with all accessibility standards. We provide the Service as-is regarding accessibility features.

11.3 International Use

The Service is operated from the United States. We make no representations regarding appropriateness or availability for use in other locations. You access the Service at your own risk regarding compliance with local laws.

11.4 Force Majeure

We shall not be liable for failures or delays due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11.5 DMCA Compliance

We respect intellectual property rights. If you believe content infringes your copyright, please contact us with:

  • Identification of the copyrighted work
  • Identification of the infringing material
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy under penalty of perjury
  • Your physical or electronic signature

11.6 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that comes closest to the intent of the original.

11.7 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Make Believe LLC regarding the Service and supersede all prior agreements and understandings.

11.8 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

11.9 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
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12. Contact Information

For questions about these Terms, please contact us at:

Make Believe LLC
Email: legal@gomakebelieve.com
Address: Austin, TX

For privacy-specific inquiries: hello@brandneue.me

BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: June 13, 2025

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