Welcome to Witness Mark. These Terms of Service (the "Terms") are a binding agreement between you and TOBCO, LLC ("TOBCO", "we", "us"), located at 131 Intercontinental Drive, Newark, DE 19713. They govern your use of the Witness Mark website, SMS program, subscriptions, and related services (together, the "Service"). By joining our list, subscribing, or using the Service, you agree to these Terms and to our Privacy Policy.
Witness Mark is an entertainment service: interactive romantic fiction delivered primarily by text message (SMS/MMS) and web. The characters are fictional and generated with artificial intelligence. They are not real people, and nothing they say is professional advice of any kind, including medical, mental health, legal, or financial advice. The Service is fiction, is intended for enjoyment, and is not a substitute for human relationships, counseling, or professional care. If you are experiencing a crisis, contact local emergency services or a qualified professional.
You must be 18 years of age or older to use the Service. By using the Service you represent that you are at least 18 and legally able to enter this agreement. The Service is intended for users in the United States.
You agree to provide accurate information and to keep your contact details current. You are responsible for activity that occurs under your account and phone number. Notify us promptly if you believe your account has been used without your permission.
Witness Mark offers auto-renewing subscriptions on monthly and annual terms. When you subscribe, you're authorizing us to charge the payment method on file automatically at the start of each billing period until you cancel. Prices are shown at checkout.
The Service is operated by TOBCO, LLC, 131 Intercontinental Drive, Newark, DE 19713, and is for adults 18 and over. These Terms are governed by Delaware law.
Program name: Witness Mark, operated by TOBCO, LLC.
Program description. Witness Mark sends two kinds of text messages: conversational messages, which are the in-character story and relationship messages that are the Service itself, and marketing and account messages, such as launch news, offers, and subscription notices.
How to opt in. You opt in by submitting your mobile number through a Witness Mark sign-up form, by texting a keyword we publish, or by otherwise providing your number and agreeing to receive messages.
We may offer referral codes that unlock content or benefits. Referral rewards are for genuine sharing with real people. Self-referral, automated or fraudulent signups, and other abuse are prohibited, and we may withhold, adjust, or revoke rewards and modify or end the referral program at any time.
We may moderate, limit, suspend, or terminate access at our discretion to protect the Service and its users.
The Witness Mark world, its Houses, characters, names, stories, artwork, logos, and marks are owned by TOBCO, LLC or its licensors and are protected by law. We grant you a limited, personal, non-transferable license to use the Service for your own enjoyment. You may not use our content commercially without written permission. By sending messages to the Service, you grant us a license to use them to operate, personalize, and improve the Service as described in our Privacy Policy.
Story unlocks, tiers, and other digital items have no cash value, are not transferable, and may change as the Service evolves. If physical products are offered in the future, additional terms will be presented at the time of sale.
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any message will be delivered.
To the fullest extent permitted by law, TOBCO, LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim relating to the Service will not exceed the amounts you paid us in the twelve months before the claim arose.
You agree to indemnify and hold TOBCO, LLC harmless from claims arising out of your misuse of the Service or violation of these Terms.
We may suspend or terminate the Service or your access to it at any time, including for violation of these Terms. We may update these Terms from time to time; the "Last updated" date above reflects the current version, and continued use after changes means you accept them.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. Questions about these Terms: support@thewitnessmark.com or TOBCO, LLC, 131 Intercontinental Drive, Newark, DE 19713.