Privacy Policy

Terms of Service

Last updated: July 15, 2026

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.

1. What the Service is

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.

2. Eligibility

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.

3. Accounts

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.

4. Subscriptions and billing

  • Paid plans are billed on a recurring basis through our payment processor and renew automatically until canceled.
  • You may cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law, payments are non-refundable.
  • If a free or discounted trial is offered, it converts to a paid subscription at the end of the trial unless canceled first.
  • We may change prices or plan features with advance notice; changes apply at your next renewal.

5. SMS program terms

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.

  • By opting in, you consent to receive recurring automated marketing and conversational text messages from Witness Mark at the number you provide, including messages sent using an automatic telephone dialing system.
  • Consent to receive marketing text messages is not a condition of any purchase.
  • Message frequency varies.
  • Message and data rates may apply.
  • To cancel: reply STOP to any message from us at any time. You will receive a single confirmation message and then no further messages from that program unless you opt in again.
  • For help: reply HELP to any message, email support@thewitnessmark.com, or write to us at the address in Section 14.
  • Carriers are not liable for delayed or undelivered messages.
  • Supported carriers may change, and message delivery is subject to network availability. We do not guarantee delivery.
  • You must be the account holder of, or have authority to use, the mobile number you provide, and you agree to notify us if that number changes or is reassigned.
  • Your privacy is important to us. See our Privacy Policy for how we handle your information, including mobile opt-in data.

6. Referral program

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.

7. Acceptable use

  • Do not use the Service for anything unlawful, abusive, or harassing.
  • Do not attempt to elicit explicit sexual content or to bypass the Service's content boundaries or safety systems.
  • Do not reverse engineer, scrape, harvest data from, resell, or interfere with the Service.

We may moderate, limit, suspend, or terminate access at our discretion to protect the Service and its users.

8. Content and intellectual property

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.

9. Digital items and future physical products

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.

10. Disclaimers

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.

11. Limitation of liability

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.

12. Indemnification

You agree to indemnify and hold TOBCO, LLC harmless from claims arising out of your misuse of the Service or violation of these Terms.

13. Termination and changes

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.

14. Governing law and contact

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.