Anchor Terms of Service
Numbered notes like [1] point to state-law variations collected in Appendix A. The body of these terms is the agreement; the appendix tells your lawyer (or your curiosity) which state laws say what. Where these terms touch your data, the Privacy Policy is the controlling description of what we collect and what we do with it — these terms govern the contract between us.
1. Agreement & parties
These are the terms between you and [ANCHOR ENTITY NAME, LLC — TO BE CONFIRMED BY COUNSEL], a Utah limited liability company. They cover the Anchor desktop app, the Anchor Android app, the Anchor web app, and the sync service behind them — together, "the service."
You accept these terms by creating a sync account or by using the service after having a clear chance to review them. If you don't agree to them, don't use the service — and we mean that without attitude: the apps are useful, but no app is worth agreeing to a contract you object to.
The Privacy Policy explains how we handle your data. It's a separate document, incorporated here by reference, and where the two overlap, data-handling questions are answered there.
2. Eligibility
You must be at least 13 years old to use Anchor. We do not knowingly let anyone under 13 use the service, and if we learn someone under 13 has an account, we will close it and delete its data (Privacy Policy, Section 11).
If you are under 18, a parent or legal guardian must agree to these terms on your behalf. By letting you use Anchor, that parent or guardian is accepting these terms for you and agreeing to be responsible for your use of the service. [1]
You also need the legal capacity to enter a contract in the place where you live. If the law where you are says you can't agree to these terms, you can't use the service.
3. Your account
You can use most of Anchor without an account — the apps work locally first. An account exists for one reason: syncing your data between devices.
If you create one:
- Give us accurate information (an email address you actually control) and keep it current.
- Keep your password to yourself. You're responsible for what happens under your account, so if you think someone else has gotten into it, change your password and tell us at wordsmith.alex@gmail.com.
- One account per person. Don't share accounts, and don't create accounts for other people without their permission.
You can close your account at any time — see Section 12 and the Privacy Policy, Sections 8–9, for how deletion works.
4. The service
Anchor is a focus timer with company: AI task breakdown, a backlog, daily check-ins, personality tests, an insights library, a toolkit of short exercises, and quick games. Some features run entirely on your device; others (sync, AI breakdown, shared content) need our server.
A few honest mechanics:
- The free tier is real. Anchor's core works without paying us anything. Some server-backed features (such as AI breakdowns) carry usage limits on the free tier. The current limits are disclosed in the app — you'll see them there before you reach them. They are not fixed by this contract and may change; Section 6 covers how.
- The service evolves. We add features, change features, and occasionally remove them. We'll aim to make the service better, not worse, but we don't promise any particular feature will exist forever.
- Availability. We run the service carefully but modestly — we don't promise uninterrupted, error-free operation (Section 13 has the formal version).
5. Subscriptions & billing
Paid subscriptions are not yet on sale. We're publishing these terms now so the deal is on the table before anyone pays us anything; everything in this section takes effect for you when, and only when, you purchase a subscription. [2]
- Price. A paid Anchor subscription costs $4.99 per month or $39.99 per year. Applicable taxes may be added where the law requires.
- Consent before charging. Before your first charge, you'll be shown the price, the billing frequency, the fact that the subscription renews automatically, and how to cancel — and you'll have to affirmatively agree to those terms as part of checkout. No pre-ticked boxes, no surprise conversions. [2]
- Auto-renewal. Your subscription renews automatically at the end of each billing period until you cancel. We will send renewal reminders — before each annual renewal, and periodically for monthly subscriptions that run long — and each reminder will include how to cancel. [2]
- Cancelling. Cancel anytime, online, in the same way you signed up, without having to talk anyone out of it — no more steps to leave than it took to join. Cancellation takes effect at the end of your current billing period: you keep what you paid for, and we don't charge you again. [2]
- Price changes. If we change the price, we will tell you by email at least 30 days before the new price applies to you, and you can cancel before it ever does. A price change never applies retroactively. [2]
- Refunds. Where the law requires a refund, you get one. Beyond that, refunds are at our discretion — write to us at wordsmith.alex@gmail.com and we'll be reasonable. [2]
- Payment processing. When you purchase a subscription, payment is processed by Stripe — we never see your card number. What Stripe receives and why is described in the Privacy Policy, Section 7.
6. Free tier
The free tier is part of the product, not a trap:
- It never converts into a paid subscription on its own. You pay only if you affirmatively subscribe — there is no trial that quietly starts billing. [2]
- Its limits live in the app, not in this contract. We may change them — including downward — but if we reduce a limit, we'll give you notice in the app before the change takes effect.
- We have no plans to remove the free tier. We also don't promise it will exist forever in exactly its current shape; if that ever changes materially, Section 17's notice rules apply.
7. Your content
Everything you put into Anchor — tasks, notes, check-in answers, profile fields, all of it — is yours. We claim no ownership of any of it.
So the service can function, you grant us a limited, non-exclusive, revocable license to host, store, sync, and transmit your content, solely to operate the service for you. Concretely, that license covers three things: storing your content on our server when you enable sync; syncing it between your signed-in devices; and sending task text and profile fields to our AI provider when — and only when — you request a breakdown. It covers nothing else: no advertising, no sale, no training of AI models. The Privacy Policy (Sections 4–7) is the binding description of what we do and don't do with your data, including exactly what reaches the AI provider and when.
The license ends when you delete the content — or your account. Deletion mechanics and timing (deletion from our live systems within 30 days of a verified request) are in the Privacy Policy, Sections 8–9.
You're responsible for the content you create. Don't put things into synced fields that you don't have the right to store or that violate Section 10.
8. AI-generated content
When you ask Anchor to break down a task, the suggested steps are generated by a large language model run by our AI provider (currently Anthropic — see the Privacy Policy, Section 5). You should know what that means:
- The suggestions can be wrong. Language models produce plausible text, and plausible is not the same as correct. Steps may be mistaken, incomplete, out of order, or confidently absurd.
- Your judgment is required. The breakdown is a starting point you are free to edit, reorder, or throw away — the app is built on the assumption that you will. You decide what to actually do; the model doesn't know your job, your constraints, or your day.
- It is not professional advice of any kind. Not medical (Section 9 says this louder), not legal, not financial, not therapeutic, not anything that ends in a license. Don't rely on AI-generated steps for decisions where a professional should be in the loop.
- No accuracy warranty. We make no promise that AI output is accurate, complete, or fit for any particular purpose (Section 13).
The steps, once generated, are part of your content and belong to you like anything else you create in the app (Section 7).
9. Anchor is not medical care
This section matters more than anything else in this document, so it gets plain words.
Anchor is a focus tool. It is not a medical device, and nothing in it — the timers, the check-ins, the personality tests, the insight articles, the toolkit exercises, the AI suggestions — is medical advice, diagnosis, or treatment. The app was built with ADHD brains in mind, but it was built by a developer, not a clinician.
Anchor is not a substitute for care from a qualified provider. If you're working with a doctor or a therapist, keep working with them — Anchor sits alongside care, not in place of it. If something in the app raises a question about your health, take that question to a professional, not to the app.
If you are in crisis, don't look for answers here. Contact your local emergency services, or — in the United States — call or text 988, the Suicide & Crisis Lifeline. It's free, confidential, and answered around the clock.
10. Acceptable use
Use Anchor for focusing. Don't use it to:
- break the law, or store or transmit content you have no right to;
- probe, breach, or interfere with the service — no attacking the server, circumventing authentication, or disrupting other users' sync;
- evade usage limits, scrape the service, resell access to it, or hammer the AI breakdown endpoint with automated traffic;
- reverse engineer, decompile, or disassemble the apps, except to the extent the law gives you that right regardless of what a contract says;
- impersonate another person, or misrepresent your affiliation with anyone;
- harm minors in any way.
If your use threatens the service or other users, we can suspend or terminate your access (Section 12).
11. Intellectual property
The service itself — the apps, the code, the design, the name, and the content we wrote (insight articles, toolkit exercises, games, interface text) — belongs to us or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the apps and that content for your own personal, non-commercial use, for as long as these terms are in effect. That license doesn't let you copy our content into a competing product, redistribute the apps, or use our name or branding without permission.
To be clear about the boundary: Section 7 governs what's yours (everything you create); this section governs what's ours (everything we made). Neither side claims the other's.
If you send us feedback or suggestions, we can use them without obligation to you — that's the entire feedback clause, and thank you.
12. Termination
You can leave whenever you want. Stop using the apps, or close your account — deletion of your synced data follows the Privacy Policy (Sections 8–9). No exit interview, no fee.
We can suspend or terminate your access if you materially breach these terms (Section 10 especially), if the law requires it, or if we discontinue the service. Except where the breach makes it unreasonable (active abuse, legal compulsion), we'll give you notice and a chance to fix the problem first. If we terminate a paid subscription without cause, we will refund the prorated remainder of the period you paid for.
What survives: sections that by their nature should outlive the contract — 7 (license ends with deletion, but ownership statements persist), 8, 9, 13, 14, 15, 16, and 18 — survive termination.
13. Warranty disclaimer
We work to make Anchor reliable, and Section 9 already told you what it isn't. Here is the formal version, in the conspicuous form the law expects:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR RELIABLE. [3]
Some states do not allow the exclusion of implied warranties in consumer transactions, so the exclusion above may not apply to you. [3] In those states, any implied warranty that cannot be excluded is limited in duration to the shortest period permitted by applicable law, and you may have additional rights that vary from state to state. Nothing in this section limits the rights described in Section 14's final paragraph for New Jersey residents.
14. Limitation of liability
To the maximum extent permitted by applicable law:
- No indirect damages. NEITHER WE NOR OUR SUPPLIERS (INCLUDING THE PROCESSORS NAMED IN THE PRIVACY POLICY, SECTION 7) ARE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE — HOWEVER THE CLAIM IS FRAMED, AND EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE.
- Cap. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS CAPPED AT THE GREATER OF $50 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
And the part the law insists on, which we'd state anyway:
- What this section does not do. It does not limit any liability that applicable law does not allow us to limit — including liability for our own fraud, gross negligence, or willful misconduct, and any non-waivable statutory rights you hold as a consumer. Some states do not allow the exclusion or limitation of incidental or consequential damages, so parts of the above may not apply to you. [4]
- New Jersey residents: the limitations and disclaimers in Sections 13 and 14 are intended to apply only to the maximum extent permitted by New Jersey law and, as applied to New Jersey residents, do not limit or waive any rights you have under New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act. [4]
15. Dispute resolution — arbitration & class waiver
Read this section carefully. It affects how disputes between us get resolved, and Section 15.6 tells you how to opt out within 30 days. [5]
15.1 Talk to us first
Before either of us starts arbitration, the one with the complaint sends the other a written description of it — you to wordsmith.alex@gmail.com, us to the email address on your account — and both sides spend 30 days trying in good faith to resolve it. Most disputes with a one-person company end here, and we'd prefer that.
15.2 Binding individual arbitration
If we can't resolve it, you and we agree that any dispute arising out of or relating to these terms or the service will be resolved by binding arbitration, rather than in court, except as Section 15.4 carves out. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. Hearings may be conducted by videoconference, or in person in the county where you live (or another place we both agree to). The Federal Arbitration Act governs this Section 15. Fees and costs are allocated as the AAA Consumer Arbitration Rules provide. Judgment on the award may be entered in any court with jurisdiction.
15.3 Class waiver
Disputes are arbitrated individually. Neither you nor we may participate in a class action, class arbitration, or any consolidated or representative proceeding against the other, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If a court or arbitrator finds this class waiver unenforceable as to a particular dispute, then this entire arbitration agreement (Section 15) does not apply to that dispute — the class waiver and the agreement to arbitrate stand or fall together. [5]
15.4 Carve-outs
Three things stay outside arbitration:
- Small claims. Either of us may bring an individual claim in small-claims court instead, if it qualifies there.
- IP injunctions. Either of us may go to court for injunctive or other equitable relief to protect intellectual property rights (Section 11).
- Public injunctive relief (California). Nothing in this Section 15 waives any non-waivable right under California law to seek public injunctive relief, in whatever forum the law requires that claim to be heard. [5]
15.5 Severability within this section
If any part of this Section 15 other than the class waiver is found unenforceable, that part is severed and the rest of the section still applies. The class waiver itself is governed by the stand-or-fall rule in Section 15.3.
15.6 Your right to opt out (30 days)
You can reject this entire arbitration agreement, no penalty, no effect on the rest of these terms. To opt out:
- Email wordsmith.alex@gmail.com
- Within 30 days of the date you first accept these terms (for account holders, that's the date you create your account; if you have no account, the date you first use the service after these terms are presented to you)
- Subject line:
Arbitration Opt-Out - Include: your full name, the email address on your Anchor account (or, if you have no account, the email address you use with us), and a statement that you are opting out of the arbitration agreement in the Anchor Terms of Service.
We'll confirm receipt by reply. If you opt out, Section 15 doesn't apply to you, and disputes are resolved under Section 16; everything else in these terms stays the same.
16. Governing law & venue
These terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules — except that the Federal Arbitration Act governs Section 15. If the law of the place where you live gives you consumer protections that a choice-of-law clause cannot take away, those protections still apply to you.
For any dispute not subject to arbitration under Section 15 (including if you opt out), the state and federal courts located in Utah have exclusive jurisdiction, and you and we each consent to personal jurisdiction and venue there.
17. Changes to these terms
When we change these terms in a way that matters — pricing structure, the dispute-resolution section, your rights in your content, anything material — we will tell you by email and in-app notice at least 30 days before the change takes effect. Continued use of the service after the effective date is acceptance of the new terms. If you don't accept them, you have the right to reject the change by closing your account before the change takes effect — and Section 12's deletion path applies as usual.
Minor changes that don't affect your rights (typo fixes, clarified wording) may take effect on posting, with the version number and date updated above. We keep prior versions in version control; ask and we'll show you exactly what changed.
18. Miscellany
- Severability. If any provision of these terms is found unenforceable, it will be enforced to the maximum extent permissible and the rest of the terms remain in effect — subject, for Section 15, to the specific rules in Sections 15.3 and 15.5, and subject always to the New Jersey paragraph in Section 14. [4]
- Assignment. You may not assign these terms or your account. We may assign these terms in connection with a merger, acquisition, or sale of the service — and if that ever happens, the Privacy Policy's business-transfer commitments (Section 7 there) apply, including notice to you.
- Entire agreement. These terms and the Privacy Policy are the entire agreement between us about the service, and they replace any earlier or side agreements about it.
- Force majeure. Neither of us is liable for delay or failure caused by events outside reasonable control — outages, disasters, war, governmental action, and the like. (This doesn't excuse paying for service already delivered.)
- No waiver. If we don't enforce a provision today, we can still enforce it tomorrow; a waiver counts only if we write it down.
- Contact. Questions about these terms: wordsmith.alex@gmail.com. A human reads it — the same one who built the app.
Appendix A — State Law Notes
These notes resolve the numbered markers [1]–[5] in the body. They are written for attorney review, not for warmth. Research basis: internal roster docs/legal/research/state-law-roster-2026-06.md (Sections A, C, and D), verified 2026-06-10 against primary sources and law-firm analyses cited per item. Open items are marked [FLAG FOR COUNSEL: …] throughout.
Citation caveat (applies to every note below): bill numbers, effective dates, and headline holdings were web-verified 2026-06-10. Code-section citations are standard published citations carried from a training-data baseline and spot-checked, not independently re-pulled from each state code — [FLAG FOR COUNSEL: confirm pin cites before publication].
Open items for counsel — every unresolved item in this document, indexed:
- Entity name:
[ANCHOR ENTITY NAME, LLC — TO BE CONFIRMED BY COUNSEL]placeholder — header, §1. - Effective date:
[to be set at publication]— header. - Confirm code-section pin cites before publication — Appendix A preamble (citation caveat).
- Confirm the parent/guardian acceptance mechanism for under-18 users, and Anchor's posture under Montana's threshold-free minor provisions and Arkansas Act 952 — note [1].
- Before billing launch, confirm the checkout and cancellation flows implement the §5 commitments to the CA AB 2863 standard (affirmative consent, reminder cadence, same-medium click-to-quit) and satisfy NY, CO, CT, and MA — note [2].
- Re-check the FTC negative-option rulemaking status at billing launch (rule vacated; ANPRM pending) — note [2].
- Reconcile the §5 "at least 30 days" price-change notice with New York's 5–30-day material-change window — note [2].
- The roster did not tabulate state refund mandates; confirm the §5 "where the law requires" refund posture — note [2].
- Confirm the 11-state + DC implied-warranty roster against current statutes (source-age flag carried from the research) — note [3].
- The roster did not tabulate which states bar consequential-damages exclusions; confirm the §14 savings sentence — note [4].
- Confirm the §14 New Jersey paragraph satisfies N.J.S.A. 56:12-16's specificity requirement — note [4].
- Confirm §14's conspicuousness treatment (bold-caps exclusion and cap sentences) satisfies UCC § 1-201(b)(10)-style standards — note [4].
- Review the arbitration clause and the acceptance flow for enforceability (clickwrap hygiene, conspicuousness, mutual assent) — note [5].
- Confirm AAA forum choice and fee allocation, and consumer due-process protocol fit (not covered by the roster) — note [5].
- Decide whether a material §15 amendment should re-open the 30-day arbitration opt-out window (standard consumer-protection ask) — note [5].
- Consider a delegation clause (arbitrability decided by the arbitrator) — note [5].
- Consider a mass-arbitration/batching protocol — note [5].
- Publication step: strip or rehost the internal repository paths cited in this appendix before publication (research roster; drafting-decisions file).
[1] STATE MINOR-PROTECTION REGIMES TOUCHING ELIGIBILITY. ↩ §2 sets a 13+ floor with parent/guardian acceptance for under-18s. The state regimes that bear on a 13+ general-audience service, regardless of company size, per roster sections A and C:
- Montana — SB 297 (2025, effective 2025-10-01): minor-protection provisions apply with no volume threshold to anyone doing business in Montana — a duty of reasonable care to avoid heightened risk of harm to under-18s, plus consent requirements for targeted ads, sale, and profiling. The consent duties are vacuous for Anchor (it does none of those things — Privacy Policy §§4, 7); the reasonable-care duty applies to known minor users.
- Arkansas — Children & Teens' Online Privacy Protection Act, HB 1717 / Act 952 (2025), effective 2026-07-01: COPPA-style regime covering under-13s plus teens 13–16, applying with no volume threshold to operators directed at, or with actual knowledge of, child or teen users; includes a targeted-ads collection ban.
- Connecticut — CTDPA as overhauled by SB 1295, from 2026-07-01: sale and targeted advertising to under-18s prohibited regardless of consent, plus profiling and geolocation limits — already absent from Anchor by construction.
The full state-by-state treatment of minors' data provisions — including the comprehensive-law consent regimes and the Nebraska/Vermont design-code laws — lives in the Privacy Policy, Appendix A, note [11], and is not duplicated here; this note carries only the eligibility-relevant, threshold-free items. [FLAG FOR COUNSEL: confirm the parent/guardian acceptance mechanism in §2 — how acceptance is captured and evidenced for under-18 accounts — and Anchor's posture under the Montana reasonable-care duty and Arkansas Act 952 for a 13+ general-audience service.] Citations: MT SB 384 as amended by SB 297 (2025); AR HB 1717 / Act 952 (2025); CT SB 1295 (2025), per the roster. Anchor's practice: 13+ floor, parental acceptance for minors, prompt deletion of discovered under-13 accounts, no sale, no targeted advertising, no profiling producing legal effects. Applicability: the listed regimes are threshold-free — binding to the extent Anchor knowingly serves the covered ages.
[2] AUTO-RENEWAL / NEGATIVE-OPTION LAWS. ↩ §5's billing commitments are drafted to the strictest state standard so that one checkout flow satisfies the whole patchwork. The landscape, per roster section D.1:
- Federal — FTC Negative Option ("click-to-cancel") Rule: VACATED. The Eighth Circuit vacated the 2024 rule in its entirety on procedural grounds in July 2025, days before its compliance deadline. The FTC restarted rulemaking with an ANPRM announced 2026-03-11 (comments closed 2026-04-13); no replacement rule is in force as of 2026-06-10. ROSCA (15 U.S.C. § 8401 et seq.) and FTC Act § 5 still apply and are actively enforced — [FLAG FOR COUNSEL: re-check rulemaking status at billing launch].
- California — ARL, Bus. & Prof. Code §§ 17600–17606, as amended by AB 2863 (effective 2025-07-01). Strictest in the country: covers free-to-pay conversions; affirmative consent to the auto-renewal terms; annual renewal reminders; notice of material/price changes; "click-to-quit" cancellation in the same medium as signup, without obstruction. §5 is drafted to this standard (consent bullet, reminder bullet, cancellation bullet), and §6's no-silent-conversion statement addresses the free-to-pay coverage.
- New York — GBL §§ 527/527-a, amended effective 2025-11-05. Clear-and-conspicuous auto-renewal disclosure; material-change notice 5–30 days ahead via the consumer's chosen medium; simple same-medium cancellation. §5 promises "at least 30 days" for price changes — at the top of NY's window; notice sent earlier than 30 days could fall outside it — [FLAG FOR COUNSEL: reconcile the notice-timing promise with the NY window].
- Colorado — SB 25-145 (signed June 2025), amending C.R.S. § 6-1-732 (base statute HB 21-1239). One-step online cancellation where the consumer enrolled online; save offers permitted but obstruction prohibited; advance notice of material changes; renewal reminders 25–40 days before annual renewals and before monthly renewals extending past one year. Effective 2025-08-06 for consumer subscriptions; extends to B2B subscriptions 2026-02-16 — the B2B extension matters only if Anchor ever sells to businesses, which it currently does not.
- Connecticut — Public Act 25-44 (SB 3), Chapter 742d, effective 2026-07-01. Annual reminders and — unusually — a private right of action for auto-renewal violations, which raises the cost of sloppy implementation beyond AG enforcement.
- Massachusetts — AG regulations effective 2025-09-02. Pre-purchase disclosure of recurring charges, increases, and how to cancel.
Citations: per roster D.1 (Latham, Gibson Dunn, and Crowell on the FTC vacatur and ROSCA; KTS and the legislature's bill text on AB 2863; Kelley Drye and the NY Senate site on GBL 527-a; the CO General Assembly, KO Firm, and Perkins Coie on SB 25-145; CompliancePoint and the CT General Assembly on PA 25-44). Refund mandates were not covered by the roster — [FLAG FOR COUNSEL: confirm the §5 refund posture against state law; the body defers with "where the law requires"]. Anchor's practice: no paid subscriptions are on sale as of this draft; §5 binds the future checkout flow to the CA-level posture (affirmative consent, reminders with cancellation instructions, one-step same-medium cancellation, 30-day price-change notice), which per the roster's drafting takeaway also covers CO's consumer-side rules and CT's private right of action — [FLAG FOR COUNSEL: confirm the implemented flow before launch]. Applicability: these laws attach to the conduct of selling auto-renewing subscriptions, not to company size — they will bind Anchor from the first sale.
[3] IMPLIED-WARRANTY DISCLAIMER LIMITS. ↩ Eleven states plus DC restrict or void blanket "as is" disclaimers in consumer transactions: Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and the District of Columbia. Massachusetts is the most aggressive — Mass. G.L. c. 106 § 2-316A voids consumer-goods implied-warranty disclaimers outright. Source-age flag carried from the research: the canonical list traces to a 2013 Consumer Reports survey, corroborated by current secondary sources (terms.law 2025 analysis; UpCounsel state guide) and historically stable, but it has not been re-pulled from each state code — [FLAG FOR COUNSEL: confirm the 11-state + DC list against current statutes]. Federal overlay: under Magnuson-Moss (15 U.S.C. § 2308), if Anchor ever offers a written warranty or service contract, implied warranties cannot be disclaimed during its term — Anchor offers neither today. Anchor's practice: §13 disclaims only "to the maximum extent permitted by applicable law," acknowledges that the exclusion may not apply, and carries the roster's minimum-duration fallback (implied warranties limited to the shortest period permitted) rather than pretending the disclaimer is absolute. Applicability: these limits protect consumers in the listed states regardless of Anchor's size — the savings language is load-bearing, not decorative.
[4] LIABILITY-LIMIT SAVINGS LANGUAGE AND NEW JERSEY TCCWNA. ↩ Two distinct issues share §14's closing paragraphs:
- Consequential-damages savings. §14 includes the standard "some states do not allow the exclusion or limitation of incidental or consequential damages" sentence. The roster did not tabulate which states impose that limit — [FLAG FOR COUNSEL: confirm the state list; the sentence is drafted to hold regardless, because it concedes rather than claims].
- New Jersey — Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. A consumer contract may not include any provision that violates a clearly established legal right of a New Jersey consumer, and § 12-16 specifically prohibits a blanket "void where prohibited" savings clause unless the contract states which provisions are or are not void or unenforceable in New Jersey. A generic "to the extent permitted by law" disclaimer, standing alone, is the classic TCCWNA trap: it misstates NJ consumers' clear rights by implying the limits might apply to them. §14 therefore pairs its savings language with an NJ-specific paragraph stating that Sections 13–14 do not limit or waive New Jersey consumers' rights, and §18's severability clause defers to it. TCCWNA carries $100 statutory damages per violation plus fees; it was a class-action magnet for boilerplate liability disclaimers until Spade v. Select Comfort (2018) required actual harm for "aggrieved consumer" status — the express NJ carve-out remains worth carrying. [FLAG FOR COUNSEL: confirm the §14 NJ paragraph satisfies § 12-16's specificity requirement — in particular whether naming Sections 13–14 is specific enough or whether provision-level enumeration is needed.]
- Conspicuousness. §14's operative damage-exclusion and cap sentences are set in bold capitals, matching §13's treatment, so the limitation is as conspicuous as the warranty disclaimer — [FLAG FOR COUNSEL: confirm §14's conspicuousness treatment satisfies UCC § 1-201(b)(10)-style standards].
Citations: N.J.S.A. 56:12-14 to -18 (Justia); Spade v. Select Comfort Corp., 232 N.J. 504 (2018), carried from the roster. Anchor's practice: cap at the greater of $50 or 12 months' fees; express non-limitation of fraud, gross negligence, willful misconduct, and non-waivable statutory rights; NJ-specific non-waiver paragraph. Applicability: TCCWNA applies to consumer contracts offered to NJ consumers regardless of the seller's size — binding from the first NJ user.
[5] ARBITRATION AND CLASS-WAIVER LIMITS. ↩ §15 is drafted around the surviving constraints on consumer arbitration clauses, per roster D.3:
- Baseline: the FAA (9 U.S.C. § 2) broadly preempts state rules that disfavor arbitration, and class-action waivers in consumer arbitration agreements are enforceable under AT&T Mobility v. Concepcion (2011). §15.3 places the class waiver inside the arbitration agreement and ties the two together with a non-severability backstop (waiver falls → arbitration falls for that dispute), per the roster's drafting takeaway.
- Generally applicable contract defenses survive — unconscionability and lack of mutual assent are the live attack surfaces, which makes acceptance-flow hygiene a compliance feature: the terms must be presented conspicuously, with the arbitration section called out, before acceptance — [FLAG FOR COUNSEL: review the clickwrap/acceptance flow and the §15 drafting for enforceability].
- California — McGill v. Citibank (2017): a waiver of the right to seek public injunctive relief in any forum is unenforceable and not FAA-preempted. §15.4's third carve-out is the McGill provision, and §15.5's severability keeps a McGill problem from sinking the rest of the section.
- Small-claims carve-out (§15.4) and the 30-day opt-out window (§15.6, with exact instructions in the body) are the standard belt-and-suspenders that defuse unconscionability attacks.
- AAA Consumer Arbitration Rules chosen in drafting as the standard consumer forum — the approved drafting decisions (
docs/superpowers/specs/2026-06-10-privacy-tos-design.md) locked arbitration, the class waiver, the opt-out, and the small-claims carve-out, but did not name an administrator. Their fee-allocation and consumer due-process requirements (e.g., filing-fee caps for consumers) were not covered by the roster — [FLAG FOR COUNSEL: confirm forum choice and fee allocation, and AAA consumer-protocol fit, including any registration of these terms with the AAA]. - Items for counsel's consideration, not drafted into the body: [FLAG FOR COUNSEL: should a material §15 amendment re-open the opt-out window? Standard consumer-protection ask]. [FLAG FOR COUNSEL: consider a delegation clause (arbitrability decided by the arbitrator)]. [FLAG FOR COUNSEL: consider a mass-arbitration/batching protocol].
Citations: 9 U.S.C. § 2; AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017); CRS overview per roster D.3. Case citations carried at the roster's level of detail — the preamble's pin-cite caveat applies. Anchor's practice: individual AAA consumer arbitration; informal-resolution first; small-claims, IP-injunction, and McGill carve-outs; 30-day email opt-out with exact instructions; class waiver with non-severability backstop. Applicability: contract-law enforceability questions, not size thresholds — these constraints apply from the first user.