Terms of Service
These terms of service (“Terms”) govern your access to and use of the websites, mobile applications, APIs and other services (together, the “Platform”) operated by The & Company (“we,” “us,” or “our”). By creating an account, claiming an &tag, or otherwise using the Platform, you agree to be bound by these Terms and by our privacy policy. If you do not agree, do not use the Platform.
1. Eligibility
You must be at least 13 years old to use the Platform. By using the Platform you represent that you are at least 13, that you have the legal capacity to enter into these Terms, and that your use of the Platform does not violate any law or regulation that applies to you. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Your account
To use most features of the Platform, you will create an account using your phone number, which we verify by sending a one-time SMS code. You are responsible for keeping your phone, your device, and any biometric credentials (such as Face ID or Touch ID) you use to unlock the app secure and for any activity that takes place under your account.
You agree to provide accurate information when registering and to update it if it changes. You may close your account at any time from within the mobile app (Account › Delete Account); doing so will permanently delete your account and the identity signals associated with it.
3. Your &tag
An &tag is a unique identifier (e.g., “&jane”) that you can claim and associate with your account. Tag eligibility, claim rules and availability are determined by us and may change. We may reclaim, reassign or suspend a tag if we reasonably believe it has been claimed in violation of these Terms (including for impersonation, infringement, abuse or to circumvent our policies) or if the tag is required to be returned by law.
You do not own the trademarks, words or names that make up your tag; you receive a limited, revocable right to associate that tag with your account while these Terms are in effect.
4. Identity signals — your content
Identity signals are statements you choose to share about yourself (“Signals”). You may add Signals directly in our mobile app or through an AI assistant you connect to your account. You retain ownership of your Signals.
You grant us a worldwide, nonexclusive, royalty-free license to host, store, classify, transmit, display and otherwise process your Signals solely for the purpose of operating, securing and improving the Platform and for sharing Signals with services or AI assistants you authorize. We do not sell your Signals. You may review, edit or delete your Signals at any time through the app, and you may revoke any connected AI assistant’s access at any time.
You are responsible for the Signals you submit. You agree not to submit Signals that infringe anyone’s rights, that contain another person’s personal information without permission, that are unlawful or that violate the acceptable use rules below.
5. Connected AI assistants
The Platform lets you connect third-party AI assistants (e.g., Claude or ChatGPT) to your account through our Model Context Protocol (MCP) server. Those assistants are independent services operated by their providers, governed by their own terms and privacy policies, and we are not responsible for their behavior. Connecting an assistant is optional. We will only share Signals with an assistant after you have explicitly authorized that connection, and you can revoke authorization at any time from within the mobile app.
6. Acceptable use
You agree not to do the following:
- Use the Platform to violate any law, regulation, court order or third-party right.
- Impersonate another person or entity, or claim a tag with the intent to deceive or defraud.
- Submit content that is harassing, threatening, hateful, sexually explicit or violent or that exploits minors.
- Submit Signals that contain another person’s personal, financial, medical or other sensitive information without their permission.
- Probe, scan or test the vulnerability of the Platform; attempt to bypass authentication, rate limits or other security or access controls; or interfere with or disrupt the Platform or any user’s use of it.
- Reverse engineer, decompile or disassemble any portion of the Platform except to the extent that applicable law permits.
- Use the Platform to develop a competing product, scrape data or train machine-learning models on Signals belonging to other users.
- Use the Platform in any way that we reasonably believe poses a risk to the safety, privacy, or rights of others.
7. Intellectual property
The Platform — including the & brand, logo, software and content we provide — is owned by The & Company and is protected by copyright, trademark and other laws. We grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Platform for your personal, noncommercial use in accordance with these Terms.
Nothing in these Terms transfers any of our intellectual property to you. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
8. Beta and prerelease features
The Platform is under active development. We may offer features that are labeled beta, preview, experimental or otherwise prerelease. Those features are provided as is, may change or be removed at any time and may not work as intended. We recommend that you do not rely on prerelease features for anything important.
9. Availability and changes
We may modify, suspend or discontinue any part of the Platform at any time, temporarily or permanently, with or without notice. We are not liable to you or any third party for any modification, suspension or discontinuation of the Platform.
10. Termination
You may stop using the Platform and delete your account at any time. We may suspend or terminate your access to the Platform — including reclaiming an &tag — if you violate these Terms, if we are required to do so by law or if we reasonably believe your continued use poses a risk to other users, our partners or us. We will give you reasonable notice when we can. Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability and dispute resolution — will survive.
11. Disclaimers
The Platform is provided as is and as available, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement or uninterrupted or error-free operation. We do not warrant that the Platform will meet your requirements or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, our warranties are limited to the minimum allowed by law.
12. Limitation of liability
To the fullest extent permitted by law, The & Company and our directors, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages or for any loss of profits, revenue, data or goodwill arising out of or related to your use of the Platform — even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or related to these Terms or the Platform will not exceed one hundred US dollars (US $100). Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the minimum allowed by law.
13. Indemnification
You agree to defend, indemnify and hold harmless The & Company and our directors, officers, employees and agents from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your Signals or your violation of these Terms or any law or third-party right.
14. Apple App Store terms
The following applies when you use our iOS application:
- These Terms are between you and The & Company only and not with Apple Inc. Apple is not responsible for the application or its content.
- Apple has no obligation whatsoever to provide any maintenance or support services for the application.
- In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever.
- We, not Apple, are responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, failure to conform to applicable legal or regulatory requirements and consumer protection or similar claims.
- In the event of any third-party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
- You represent and warrant that (a) you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist-supporting” country and (b) you are not listed on any US government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance 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.
15. Governing law and disputes
These Terms are governed by the laws of the State of Kansas without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Platform will be brought exclusively in the state or federal courts located in Johnson County, Kansas, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.
16. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date below and, where appropriate, give you notice in the app or by email. Your continued use of the Platform after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Platform.
17. Contact
If you have any questions about these Terms, please contact us using the information below.
The & Company10000 Marshall Drive
Lenexa, KS 66215
United States
hello@and.com
Last Updated on May 15, 2026