Terms of Use

These terms are the agreement between you and Slightly Darker Entertainment, LLC for using slightlydarker.com and the Tracker app. The short version: Tracker is an invite-only personal log for adults, your data is yours, it is not medical advice, and you should only record what you have a right to record.

1. About these terms

These Terms of Use ("Terms") are an agreement between you and Slightly Darker Entertainment, LLC, a New York limited liability company operating from Los Angeles, California ("Slightly Darker", "we", "us").

They cover two things, which we call the "Services":

• The website at slightlydarker.com, including the contact form.
• Tracker, our personal tracking app at tracker.slightlydarker.com, including its connections to other services and its MCP server (the interface that lets an AI assistant you choose read and edit your Tracker data).

By using the website or signing in to Tracker, you agree to these Terms and to our Privacy Policy and Consumer Health Data Notice, which explain how we handle your information. If you do not agree, please do not use the Services.

2. Who can use the Services

Age. You must be at least 18 years old to use Tracker. Tracker is built around recording things like alcohol, cannabis and nicotine, and it is not designed for anyone under 18. The website is a general-audience page, but it is not directed to children under 13.

Location. The Services are offered to people in the United States. We do not market them elsewhere.

Invitation only. Tracker is in private beta. You can create an account only if your email address has been added to Tracker's sign-in list, either by us or by an existing Tracker user. Each email address that signs in gets its own separate account and its own data; accounts are not shared.

3. Not medical advice, not a medical device

Tracker is a personal logging and visualization tool. It shows what you record and what connected services report, side by side, so you can look for your own patterns.

• Tracker is not a medical device. It is not intended to diagnose, treat, cure, mitigate or prevent any disease or condition, including any substance use disorder or sleep disorder.
• Nothing in Tracker is medical, health, legal or other professional advice. Charts and totals describe your own records. A pattern between what you logged and how you slept does not mean one caused the other.
• Data can be wrong. Sleep, recovery, heart-rate and workout figures come from WHOOP. Places, stops, distances and travel are estimated from your phone's location reports, which can be imprecise or missing. Weather comes from a third-party forecast service. Do not rely on any of it for health or safety decisions.
• Talk to a professional. Consult a qualified health professional about your health, sleep or substance use.
• Emergencies. Tracker is not monitored and cannot get you help. In an emergency, call 911. If you are in crisis, you can call or text 988 (Suicide and Crisis Lifeline). For confidential help with substance use, the SAMHSA National Helpline is 1-800-662-4357.

4. Substance-related records

Tracker lets you record substances you choose to log, including legal and regulated ones. Recording something in Tracker is not an endorsement or encouragement of it. You are responsible for following the laws that apply to you about alcohol, cannabis, nicotine and any other substance, wherever you are.

5. Your account and how you sign in

Passkeys and email codes. You sign in to Tracker with a passkey (stored by your device or password manager and unlocked with, for example, Face ID or Touch ID) or with a one-time 6-digit code we email to you. Anyone who can unlock your device's passkeys or read your email can get into your account, so please keep both secure.

Your email address. Use an email address that you control and keep it working. It is how you recover access, and it is where we send important notices.

MCP tokens are keys to your data. If you connect an AI assistant or other client to Tracker's MCP server, Tracker issues an access token to that client. Anyone holding that token can read your Tracker data and make the edits the MCP server allows, until the token is revoked. Tokens do not expire on their own. You can see and revoke them in Tracker under Settings, Access. Treat them like passwords.

Tell us about problems. If you think someone else has accessed your account or a token, revoke what you can in Settings and email privacy@slightlydarker.com right away.

We may suspend access to an account if we reasonably believe it has been compromised or is being used in breach of these Terms.

6. Inviting other people

If Tracker lets you add someone's email address to the sign-in list, only add people who have asked for, or agreed to, an invitation. Adding an address lets that person create their own account; it does not give you or them access to each other's data.

7. Your content

It is yours. "Your content" means what you put into Tracker: stops and places, intakes, your location trail, journal entries, notes, plans, people you record, photos and videos, and the data you choose to bring in from connected services such as WHOOP. You keep all rights you have in it.

The permission you give us. You give us a limited, non-exclusive, royalty-free license to store, copy, process, transmit and display your content only to run Tracker for you: to show it back to you, keep it backed up, sync it with services you connect, and send it to clients you authorize (such as your AI assistant through the MCP server). This license ends when your content is deleted from our systems, as described in the Privacy Policy.

We do not use your content for advertising, we do not sell it, and we do not use it to train artificial intelligence or machine-learning models.

You are responsible for it. You are responsible for what you upload and record, and you confirm you have the right to do so.

8. Information about other people

Tracker lets you record other people: their names, nicknames, notes about them, where they live (as a place), when you were with them, and photos or videos that may show them. When you do this:

• Record only what you have a right to record, and respect other people's privacy.
• Do not record sensitive facts about other people (for example, their health or substance use) without their permission.
• Do not upload photos or videos of people taken where they had a reasonable expectation of privacy, or in breach of any law.

If someone asks us to remove information about them from Tracker, we may contact you or remove it, as described in the Privacy Policy.

9. Location features

Tracker can record your phone's location continuously through the OwnTracks app, and it records your device's position when you log something in Tracker. You may only connect your own phone, or a device you are authorized to use, to your account. Do not use Tracker to track, monitor or follow another person without their knowledge and consent.

10. Third-party services

Tracker works with services run by other companies. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.

• WHOOP. Connecting WHOOP is optional. If you connect it, you authorize Tracker through WHOOP's own sign-in, and WHOOP sends Tracker your profile, sleep, recovery, workout, cycle and body-measurement data. Tracker uses the WHOOP API. Tracker and Slightly Darker are not affiliated with, endorsed by or sponsored by WHOOP, Inc. WHOOP features can change or stop if WHOOP changes its service.
• Google Maps. Tracker uses Google Maps Platform for maps, address and place search, street addresses and Street View images. By using Tracker's map features, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service, and Google's handling of information is described in the Google Privacy Policy.
• OwnTracks. OwnTracks is an independent app you install on your phone. It sends location reports to Tracker using a credential Tracker gives you.
• AI assistants and other MCP clients. If you connect Claude or another client to Tracker's MCP server, that client and its provider (for Claude, Anthropic) receive the Tracker data that the client asks for, under your agreement with that provider. We do not control what the client or its provider does with that data.
• Weather. Tracker gets weather data from Open-Meteo.

11. Acceptable use

When using the Services, you agree not to:

• break any law or anyone else's rights, including privacy and intellectual-property rights;
• use Tracker to track, monitor or harass anyone, or to collect information about other people beyond what these Terms allow;
• access another person's account or data, or share your account;
• probe, scan or test the Services for vulnerabilities, or get around sign-in, rate limits or other security measures (if you find a security issue, please report it to privacy@slightlydarker.com instead);
• copy, scrape or harvest data from the Services by automated means, other than through your own MCP connection to your own data;
• reverse engineer the Services, except where the law allows it;
• overload or disrupt the Services, or upload malware;
• upload content that is illegal, or that you do not have the right to upload;
• send spam, automated messages or abuse through the contact form.

12. The website

The website describes Slightly Darker and Tracker and lets you send us a message. Please use the contact form only for genuine messages. Sending a message does not create any contract or professional relationship, and we cannot promise to reply to every message.

13. Our property and feedback

The Services, including their software, design, text, graphics and the Slightly Darker and Tracker names and logos, belong to us or our licensors and are protected by law. We give you a personal, non-transferable, revocable permission to use the Services as these Terms allow. You may not use our names or logos without our written permission.

If you send us ideas or feedback, we may use them without any obligation to you.

14. Privacy

Our Privacy Policy and Consumer Health Data Notice explain what we collect, why, who we share it with, how long we keep it and how to ask us to access or delete it.

15. A private beta, and changes to the Services

Tracker is in private beta. Features may change, be added or be removed, and the Services may sometimes be unavailable. We do not promise any particular uptime. We currently do not charge for Tracker; if that changes, we will tell you before any charge applies and you will not be charged without agreeing.

16. Ending your use

You can stop at any time. You can stop using Tracker, remove OwnTracks from your phone, revoke Tracker's access in your WHOOP account, and revoke MCP tokens whenever you like. To have your account and its data deleted, email privacy@slightlydarker.com. The Privacy Policy explains what is deleted and when.

We can suspend or end access. We may suspend or end your access if you seriously or repeatedly break these Terms, if we must for legal reasons, or if we stop offering Tracker. Unless there is a legal or safety reason not to, we will tell you first by email and give you a reasonable chance to get a copy of your data.

Sections 3, 7 (the parts about responsibility), 8, 13, and 17 to 22 continue to apply after your use ends.

17. Disclaimers

To the fullest extent the law allows, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Services will be uninterrupted, error-free or secure, or that data from WHOOP, Google, OwnTracks, Open-Meteo or other sources will be accurate or complete.

Some states do not allow certain warranty exclusions, so some of the above may not apply to you.

18. Limitation of liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to the Services or these Terms; and
• our total liability for all claims arising out of or relating to the Services or these Terms is limited to the greater of the amount you paid us for the Services in the 12 months before the claim, or US$100.

These limits do not apply to liability that cannot be limited by law, such as liability for fraud, gross negligence or willful misconduct, or to rights you have under consumer-protection laws that cannot be waived.

19. Your responsibility to us

If someone brings a claim against us because of content you uploaded, information you recorded about another person, or your breach of these Terms or of the law, you agree to cover our reasonable losses and costs from that claim, to the extent the law allows. We will tell you about the claim and let you take part in the defense.

20. Governing law and disputes

Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

Talk to us first. If you have a dispute with us, please email privacy@slightlydarker.com with a description of the issue and what you would like us to do. We will try in good faith to resolve it informally within 30 days, and we ask that you give us that chance before starting a court case.

Where disputes are heard. Any court case relating to these Terms or the Services must be brought in the state or federal courts located in Los Angeles County, California, and you and we consent to those courts' jurisdiction. Either of us may instead bring an individual claim in small-claims court if it qualifies.

No arbitration. These Terms do not require arbitration.

Your rights stay yours. Nothing in these Terms takes away rights you have under the consumer-protection or privacy laws of the state where you live that cannot be waived by contract.

21. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top shows when they last changed. If a change is material, we will tell Tracker users by email at least 14 days before it takes effect, unless the change is required sooner by law or to address a security problem. If you keep using the Services after a change takes effect, the updated Terms apply. If you do not agree, stop using the Services and ask us to delete your account.

22. General

• Entire agreement. These Terms, the Privacy Policy and the Consumer Health Data Notice are the whole agreement between you and us about the Services.
• Severability. If a court finds part of these Terms unenforceable, the rest stays in effect.
• No waiver. If we do not enforce part of these Terms, that is not a waiver of our right to enforce it later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours as part of a merger, acquisition or sale of assets, and we will tell you if that happens.
• Events outside our control. We are not responsible for delays or failures caused by events reasonably outside our control, including outages at our service providers or at WHOOP or Google.
• Notices. We send notices to the email address on your account. You can send notices to us at privacy@slightlydarker.com.

23. Contact

Slightly Darker Entertainment, LLC, Los Angeles, California.

• Privacy and legal: privacy@slightlydarker.com
• Everything else: hello@slightlydarker.com