Terms of Service — Sphere 

Effective date: August 12, 2025
Legal entity: Sphere Lepoutre Limited Liability Company (“Sphere,” “we,” “us,” “our”)
Address for notices: 3720 Chestnut Street, Apt 1113, Philadelphia, PA 19104, USA
Email for legal/consumer inquiries: privacy@with-sphere.com

These Terms of Service (“Terms”) govern your access to and use of our websites, mobile apps, and the Sphere Pod (together, the “Services”). By creating an account, tapping your phone to a Sphere Pod, purchasing from our store, or using any part of the Services, you agree to these Terms.

If you don’t agree, do not use the Services.

1) Who may use Sphere

  • You must be at least 13 years old (or the minimum age of digital consent in your country). If you are under 18, you may use the Services only with the consent of a parent or legal guardian who accepts these Terms on your behalf.
  • You must provide accurate account information and keep it current.
  • You may use the Services only for personal, non-commercial purposes unless we agree otherwise in writing.

2) What Sphere is (and is not)

Sphere helps you reduce distraction by letting you block or limit access to selected apps and websites. The Sphere Pod is a passive NFC device with a random, non-personal identifier; it has no GPS, microphone, camera, battery, or internet connection.

Sphere is not a medical or safety device and is not intended for emergency communications, addiction treatment, or life-critical use. Do not use Sphere while driving or in situations where distraction management could create safety risks.

3) Your account and security

You’re responsible for all activity that occurs under your account. Keep your password secure and your device software up to date. Tell us promptly if you suspect unauthorized use: privacy@with-sphere.com.

We may, with notice where reasonable, suspend or terminate your account for violations of these Terms, suspected fraud or abuse, or to protect the Services or other users.

4) Software license

Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable license to install and use our mobile apps and any embedded software (“Software”) solely to access the Services. You may not: (a) copy, modify, or create derivative works of the Software; (b) reverse engineer, decompile, or attempt to extract source code except where allowed by law; (c) circumvent any access controls or limits; (d) rent, lease, sell, sublicense, or otherwise transfer the Software.

5) Hardware; title; risk of loss

Title to any Sphere Pod you purchase passes to you upon delivery by the carrier. Risk of loss passes upon delivery. Please inspect shipments on arrival and contact support promptly for issues.

6) Returns, refunds, and exchanges

Your purchase and any trial, return, or exchange rights are governed by our then-current Return & Refund Policy posted on our site at the time of purchase. If a policy is not posted, the default is a 30-day return window from delivery for undamaged hardware in original packaging (shipping costs may be non-refundable). This clause does not limit any non-waivable consumer rights under applicable law.

7) Subscriptions and auto-renewal (if applicable)

Some features may be offered as subscriptions or in-app purchases.

  • Auto-renewal: Subscriptions renew automatically until canceled. You authorize us (or the app store/payment processor) to charge the applicable fees and taxes on each renewal.
  • Cancellation: You can cancel at any time via the app store or your account settings; cancellations take effect at the end of the current billing period.
  • Free trials: If offered, trials convert to a paid plan unless canceled before the trial ends.
  • App stores: If you subscribed through Apple’s App Store or Google Play, their terms govern billing, cancellations, and refunds.


8) Emergency unlocks and enforcement

If you enable emergency unlocks, the app records the number of uses and timestamps to maintain integrity and prevent abuse. Sphere enforces your chosen rules using on-device controls and brief event signals (e.g., an NFC tap). We do not read your screen or the content of your apps.

9) Acceptable use

You agree not to:

  • Use the Services for unlawful purposes or in violation of any policy, code of conduct, or workplace rule applicable to you.
  • Interfere with or disrupt the Services, circumvent technical limitations, or test vulnerabilities without written permission.
  • Use the Services in a way that creates a safety risk (e.g., while driving).
  • Misrepresent your identity; engage in fraud; or resell, redistribute, or provide the Services to others without authorization.

10) Third-party services and open source

The Services may rely on or link to third-party sites, SDKs, and services (e.g., Shopify, app stores, analytics). Those providers’ terms and privacy policies govern their services. The Software may include components licensed under open-source licenses; those licenses apply to their components.

11) App Store terms (Apple/Google)

If you download our app from an app store:

  • The store provider is not a party to these Terms and is not responsible for the app or its content.
  • The store provider has no obligation to provide maintenance or support.
  • To the extent any warranty applies that cannot be disclaimed, the store provider may refund the purchase price (if any); beyond that, all claims rest with Sphere.
  • You must comply with the store’s terms (e.g., Apple Media Services Terms) and use the app only on devices you own or control.
  • The store provider is a third-party beneficiary of this Section and may enforce it.

12) Ownership; feedback

Sphere and its licensors own all rights, title, and interest in the Services, including all software, firmware, designs, text, graphics, and trademarks. We welcome feedback; by submitting ideas or suggestions, you grant Sphere a perpetual, worldwide, royalty-free license to use them with no obligation to you.

13) Privacy

Our Privacy Policy explains how we collect and use information. By using the Services, you consent to the practices described there, including the use of cookies/SDKs on our marketing site and the handling of subscription and commerce data via our processors.

14) Safety warnings

Use Sphere responsibly. Do not interact with the app or Pod while driving or performing tasks requiring full attention. Blocking access to apps or sites may prevent you from receiving messages or alerts; set appropriate emergency bypass options where available. Sphere is not liable for consequences resulting from your configuration choices.

15) Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • THE SERVICES (INCLUDING THE POD AND SOFTWARE) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS.
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT THEY WILL PREVENT ALL DISTRACTIONS OR DELIVER ANY PARTICULAR OUTCOME.

Some jurisdictions do not allow limitations on implied warranties, so some of the above may not apply to you.

16) Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • SPHERE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
  • SPHERE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO SPHERE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR USD $100, WHICHEVER IS GREATER.

These limits apply to the maximum extent permitted and do not limit liability that cannot be excluded by law (e.g., for fraud, willful misconduct, or injury where such limits are prohibited).

17) Indemnity

You agree to defend, indemnify, and hold harmless Sphere and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of law.

18) Arbitration; class-action waiver (U.S. users)

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS.

  1. Binding arbitration: You and Sphere agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
  2. Opt-out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing privacy@with-sphere.com with subject “Arbitration Opt-Out” and your full name and the email associated with your account.
  3. Class-action waiver: You and Sphere may bring claims only in your individual capacity, not as a class member or representative. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
  4. Small-claims court: Either party may bring an individual action in small-claims court in Philadelphia County, Pennsylvania (or in your county of residence, if permitted) instead of arbitration.
  5. Governing law & venue: This Section is governed by the Federal Arbitration Act. Except for arbitration, the parties consent to exclusive jurisdiction in the state and federal courts located in Philadelphia, Pennsylvania.

This Section does not apply to EEA/UK/Swiss consumers or where prohibited by law. Mandatory consumer protections in your place of residence remain unaffected.

19) Export and sanctions compliance

You may not use or export the Services in violation of U.S. export laws and regulations or any other applicable export or sanctions laws. You represent that you are not located in a sanctioned country and are not a denied or restricted party.

20) Changes to the Services and to these Terms

We may modify, suspend, or discontinue features of the Services (including beta features) with reasonable notice where practical. We may update these Terms periodically. If changes are material, we’ll provide advance notice (e.g., in-app or email) and the updated Terms will be effective on the stated date. Your continued use after the effective date means you accept the updated Terms.

21) Term and termination

These Terms remain in effect until terminated. You may stop using the Services at any time and may delete your account via the app or by contacting us. We may terminate or suspend access as described in Section 3. Upon termination, Sections that by their nature should survive (including 4, 10–19, and 22–24) will survive.

22) Electronic communications; notices

By using the Services, you consent to receive notices and communications from us electronically (email, in-app messages, or postings on our site). Legal notices to Sphere must be sent to the address/email at the top of these Terms.

23) Miscellaneous

  • Entire agreement. These Terms and any policies referenced (Privacy Policy; Return & Refund Policy) are the entire agreement between you and Sphere.
  • Severability. If any provision is unenforceable, the remainder remains in effect.
    No waiver. A failure to enforce a provision is not a waiver.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Headings. Headings are for convenience only.

24) Contact

Questions about these Terms of Service?
Email: privacy@with-sphere.com
Mail: Sphere Lepoutre Limited Liability Company, 3720 Chestnut Street, Apt 1113, Philadelphia, PA 19104, USA