Terms of Service

You get a free, private kink checklist app. I get to keep offering it without being sued into oblivion. You promise to be a reasonable adult. I promise to try to keep the lights on for as long as I can — and if I can’t, to try to give you a way to get your data back. Neither of us promises more than that.

You must be:

• 18 or older. No exceptions. If you’re under 18, please come back when you’re of age — the Services are not for you yet, and we mean that kindly.
• Legally able to enter into this agreement in your jurisdiction.
• Not in a jurisdiction where this kind of service is prohibited. If your local laws don’t allow you to use a service like this, this agreement can’t make that okay.

One account per person unless you’ve got a genuine reason for more (testing, different contexts with different partners — that’s fine).

You’re responsible for what happens on your account. That means:

• Pick a real password and don’t share it. We store a hash, not the password itself, which means we can’t recover it for you — only reset it.
• Protect the email on your account. Whoever controls that email can reset the password and take over the account. That’s true of almost every service on the internet; it’s true here too.
• Tell us if something’s wrong. If you think your account has been accessed by someone else, email support@checklust.com.

You can delete your account at any time from your account settings. Everything goes with it, per the retention terms in the Privacy Policy.

Checklust is a tool for recording what you’re into, what you’re not, and what’s off the table, and for sharing that with people you choose to share with. That’s it.

Checklust is not:

• A substitute for actual conversations with actual partners.
• A substitute for negotiation, consent, or ongoing communication during a scene.
• A medical resource, a therapy resource, or a safety resource.
• A dating app, a matching service, or a social network.
• A place where staff review, moderate, curate, or screen your responses.

Your checklist is a map, not the territory. Use it accordingly.

Your checklist responses belong to you. Every rating, every limit, every note — yours. Checklust does not claim ownership of your responses. We don’t sell them, hand them over to advertisers (of which we have zero), or share them with anyone beyond the people you choose to share with.

The narrow license you grant us. To operate the service you requested, we need permission to store your responses, display them back to you, and serve them to anyone you generate a share link for. That’s the operational license: store, retrieve, display for you and your designated viewers. It ends the moment you delete the data or the account.

Aggregated and de-identified statistics. We may publish aggregated, de-identified statistics about the service — for example, counts of how many users have rated a given activity, trending activities across the user base, or similar kink-research– oriented numbers. These statistics are computed in a way that cannot reasonably be linked back to any individual user or checklist. We do not publish individual responses, identifiable excerpts, or anything that could be traced to you.

Model training. We may, in the future, use aggregated, de-identified data derived from the service to train, fine-tune, or evaluate machine learning models — for example, a kink-literate assistant that understands the vocabulary, structure, and nuance of this domain better than general-purpose models do. If we do this, the following conditions apply: (a) we use only aggregated or de-identified data, processed in a way that cannot reasonably be linked back to any individual user or checklist; (b) we do not train models on share-link contents, account identifiers, or anything you would recognize as “yours” when looking at the output; (c) if we ever want to do something outside these conditions — for example, training on individual-level data even in de-identified form — we will update these Terms, give you notice, and give you a meaningful opportunity to opt out or delete your data before any such use occurs.

Suggestions and feedback you send us. If you submit feedback, bug reports, feature ideas, suggestions for new activities, or edits to existing ones — whether through a form in the app, via email, or by any other means — we can use that feedback to improve the service without any obligation to compensate or credit you. You’re not granting us rights to your private checklist data; you’re granting us rights to the specific suggestion or feedback you voluntarily sent us. We won’t attribute a public suggestion to you by name unless you explicitly ask us to.

Don’t be awful. More specifically, don’t:

• Harass, threaten, or impersonate anyone — including using a share link or display name to mislead someone about who they’re dealing with.
• Scrape, crawl, or bulk-extract data from Checklust. This includes automated tools, headless browsers, scripts hitting the API beyond normal use. If you want the data in a machine-readable format, ask — there’s an export for that.
• Interfere with the service. No attacking the infrastructure, no probing for vulnerabilities without permission, no trying to exhaust resources, no circumventing rate limits, no exploiting bugs instead of reporting them. If you find a security issue, please email support@checklust.com and we’ll thank you sincerely.
• Use Checklust for anything illegal under applicable law — yours, ours, or the jurisdiction where the service is hosted.
• Use the service to facilitate harm to anyone, including using a shared checklist to coerce, manipulate, or pressure a partner into anything.
• Upload malware, spam, or unsolicited commercial content. Not that there’s much surface area for this given the app is a structured checklist, but rules are rules.
• Circumvent access controls. Don’t try to access other people’s checklists, share tokens you weren’t given, or admin functions you don’t have rights to.
• Register accounts for people other than yourself, or lie about your age, or pretend to be someone you aren’t in material ways. (A scene name or handle is fine — that’s not what this clause is about.)

Violations can result in account termination without notice. Serious violations can result in us cooperating with the appropriate authorities.

When you generate a share link, a few things are true:

• The link is unguessable but not encrypted. Anyone who has the link can view the checklist it points to, until you revoke it or it expires.
• You are responsible for who you share it with and what they do with it. Once a link is in someone else’s hands, we can’t pull it back out of their bookmarks, browser history, screenshots, or memory.
• Revoke links you no longer want active. It’s one click. Do it liberally.
• View counts are approximate. They’re a soft signal, not a forensic record.

Sharing is a feature, not a warranty. Use it with people you’d trust with the information in other forms, too.

Checklust is maintained by one person on their spare time. That means:

• There is no uptime guarantee. No SLA, no on-call, no status page with a nine in it. When things break, they get fixed when they get fixed.
• Maintenance may happen without warning. Usually it won’t need to; sometimes it will.
• Features may change. New things may appear. Existing things may move, get reworked, or get removed if they’re not earning their keep.
• The service may go away entirely. If Sub_Pixel gets hit by a bus, loses interest, runs out of Cloudflare free tier, or just needs to stop, Checklust may shut down. If that happens, we’ll try to give you as much notice as we reasonably can and try to provide a way for you to export your data — but depending on the circumstances (sudden infrastructure loss, legal order, medical emergency, or just running out of time), we can’t promise we’ll always be able to. If you have data in Checklust that matters to you, export it periodically.

None of this is us being casual about quality. It’s us being honest about capacity.

The Checklust name, logo, design, code, and taxonomy of activities are owned by Sub_Pixel and/or the respective contributors. You don’t get any rights to any of that by using the service, beyond the right to use the service as intended.

You keep all rights to your own content. See Section 5.

You can leave at any time, for any reason, by deleting your account in your settings. No exit interview.

We can terminate or suspend your account if:

• You violate these Terms.
• You use the service in a way that creates legal risk for Sub_Pixel or Checklust.
• We’re required to by law.
• The service is shutting down for everyone.

This list isn’t exhaustive. We reserve the right to refuse, suspend, or terminate service to anyone, at any time, for any reason or no reason. We don’t expect to need this clause often — probably never for any user acting in good faith — but we reserve it so that we don’t have to argue about a gray-area case in the moment.

If we terminate your account, we’ll try to give you notice and a chance to export your data, unless the violation is severe enough that it wouldn’t be safe or lawful to do so.

Clauses that by their nature should survive termination (warranty disclaimer, limitation of liability, arbitration, indemnification, and so on) survive termination.

Here’s where the tone shifts. This part reads like a legal document because it needs to.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUB_PIXEL AND CHECKLUST DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND TITLE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT YOUR DATA WILL BE PRESERVED OR RECOVERABLE IN THE EVENT OF LOSS.

ANY MATERIAL OBTAINED THROUGH USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR DATA RESULTING FROM SUCH USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUB_PIXEL, CHECKLUST, OR ANY CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE U.S. DOLLAR ($1).

Since Checklust is free and you have paid nothing, option (A) is zero. Option (B) is a dollar. You can have the dollar.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless Sub_Pixel, Checklust, and any contributors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any third party’s rights, or (d) content you submit to or share through the Services.

We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

Please read this section carefully. It affects your legal rights.

Agreement to arbitrate. You and Sub_Pixel agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration, rather than in court, except as specified below.

Arbitration rules and venue. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules then in effect (available at jamsadr.com). The arbitration shall take place in a mutually agreed location in California, or by video conference or document submission if the parties prefer. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. YOU AND SUB_PIXEL AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Exceptions — you can still go to court for these:

• Small-claims court. If your claim qualifies for small-claims court in the county where you live or in California, you can bring it there instead of arbitration. Small-claims is fast, cheap, and doesn’t require a lawyer; if you have a legitimate small dispute, this path is genuinely the right one.
• Injunctive relief for IP. Either party may seek injunctive or equitable relief in court for claims related to intellectual property, unauthorized access, or violations of the acceptable use section.

30-day opt-out. You can opt out of the arbitration and class-action-waiver provisions of Section 14 by emailing support@checklust.com within 30 days of creating your Checklust account, with the subject line “Arbitration opt-out” and your account email in the body. If you opt out, Section 14 does not apply to you, but the rest of these Terms still do, and disputes go to the courts described in Section 15.

Severability of this section. If the class action waiver is found unenforceable as to any claim, that claim must proceed in court and not in arbitration; the rest of Section 14 still applies to all other claims. If any other part of Section 14 is found unenforceable, the remainder stays in effect.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. For any dispute not subject to arbitration under Section 14 (for example, an opted-out user, or a small-claims or injunctive matter), the exclusive venue is the state and federal courts located in California, and you consent to personal jurisdiction there.

We may update these Terms from time to time. For material changes, we’ll give you at least 30 days’ notice by email to the address on your account and by posting notice in the app. Continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms. If you don’t accept the updates, you can delete your account before they take effect.

Non-material changes (typos, clarifications, formatting) may be made at any time without notice.

• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Sub_Pixel regarding the Services, and supersede any prior agreements.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect.
• No waiver. Our failure to enforce a provision isn’t a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms. We may assign them to a successor (for example, if Checklust is ever transferred to a new operator), provided the successor agrees to these Terms.
• No agency. Nothing in these Terms creates a partnership, joint venture, or employment relationship between you and Sub_Pixel.
• Notices. Notices from us to you may be sent by email to the address on your account or by posting in the app. Notices from you to us should go to support@checklust.com.

Questions, complaints, legal notices, arbitration opt-outs, or just to say hi: support@checklust.com.