Onyx and Tephra · Obsidian Metrics · Effective date: September 6, 2026
These terms are in effect as of the date above. We may update them from time to time; the effective date reflects the current version.
These Terms apply to onyx.obsidian-metrics.com ("Onyx") and tephra.obsidian-metrics.com
("Tephra", formerly named Brain; the same service is also reachable at brain.obsidian-metrics.com),
together the "Services," operated by Andrew Lang d/b/a Obsidian Metrics ("we," "us," "our").
1. Acceptance and eligibility
By creating an account, clicking "I agree," or using the Services, you agree to these Terms, the
Privacy Policy, the Refund & Cancellation Policy, and the
Disclaimer, each incorporated into these Terms by reference. If you do not
agree, do not use the Services. You must be at least 18 years old (or the age of majority where you
live) and able to form a binding contract. If you accept on behalf of an organization, you represent
that you are authorized to bind it.
US-only. The Services are offered only to persons located in the United States.
They are not offered or directed to, and are not intended for, residents of the EU, EEA, or United
Kingdom. By using the Services you represent that you are located in the U.S. and are not an
EU/EEA/UK resident. We enforce this technically: signup and checkout refuse EU/EEA/UK traffic by
country (via Cloudflare), so this is a real restriction, not just a statement.
2. The Services
Onyx is an AI assistant. Tephra is a personal memory and knowledge product. Both use third-party AI
models to generate responses. You need an account and, for paid access, an active subscription or,
for Tephra, a one-time seat.
3. AI-generated content
Responses are generated by AI and can be wrong, incomplete, or outdated. Verify anything you act on.
Nothing in the Services is financial, investment, legal, tax, or medical advice.
Any market, trading, or finance content is educational only. Where simulation features exist they are
simulated/paper only: no real orders, no brokerage, no money moved (the same posture as our FinSim
tool). We are not a registered investment adviser, broker-dealer, or dealer.
You are responsible for how you use outputs, including checking them for accuracy and for
rights clearance before republishing.
4. Your data and memories
Memories, conversations, projects, and files you store are yours. We store them encrypted at rest
(AES-256-GCM) with per-account (per-tenant) isolation: your content is scoped to your account and is
designed not to be served to other members.
We do not use your memories or conversations to train our own AI models, and we do not authorize
our providers to train on your content where we can control that. However, prompts and context you
submit are processed by third-party AI providers (including DeepSeek, which processes outside the
United States) under their own terms, which may permit them to use submitted content. Do not submit
anything you need to keep confidential from these providers. See the Privacy Policy.
An automated screening layer is designed to block common sensitive personal identifiers (for example
SSNs, health records, payment or HR records) from being sent to model providers; it catches common
cases but may not catch every one.
You can request a copy of your data and request deletion at any time (see the Privacy Policy).
5. Acceptable use
Do not: attempt to access another member's data; probe, overload, or circumvent rate limits,
spend caps, or security controls; use the Services for unlawful activity, harassment, malware, or
spam; resell or share one account across multiple people; or submit other people's sensitive
personal data without their consent. AI-specific: do not use the Services or their
outputs to generate illegal content or child sexual abuse material, to build or train a competing
model, to scrape or bulk-extract the model, to represent AI output as human-authored where that is
deceptive, or to make high-risk medical, legal, financial, or safety decisions without independent,
qualified human review. Fair-use limits apply per tier; extreme automated usage may be metered,
capped, or suspended.
6. Subscriptions, cancellation, refunds
Paid tiers bill monthly via Stripe (direct signups) or through the channel you purchased from
(for example, Skool). Prices, billing frequency, auto-renewal, and how to cancel are shown at
checkout, and you consent to the recurring charge before your first payment.
Cancel any time; access continues to the end of the paid period. Cancel a Tephra subscription
in the app (account menu, Cancel subscription), through Skool if you subscribed there, or by emailing
support@obsidian-metrics.com.
A Tephra seat is a one-time $399 payment, not a subscription: it does not renew and there is nothing
to cancel.
Refunds are governed by our Refund & Cancellation Policy (7-day
money-back window on a first purchase; renewals and used compute non-refundable; statutory rights
unaffected).
7. Availability, changes, suspension, and termination
The Services are provided "as is" and "as available." We may change features, tiers, or these
Terms; material changes will be announced with reasonable notice.
We may suspend or terminate your access immediately if we reasonably believe you have violated
these Terms, failed to pay, or created legal or security risk, or if required by law. On termination
for cause, fees already paid are non-refundable except where the Refund & Cancellation Policy or law
requires otherwise. We may also discontinue the Services on reasonable notice.
Beta or experimental features are provided as-is, may change or be withdrawn, and are excluded
from any availability expectation.
8. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT
THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may
not apply to you.
9. Limitation of liability
To the maximum extent permitted by law, and even if any remedy fails of its essential purpose, our
aggregate liability for all claims relating to the Services will not exceed the greater of (a) the
total amounts you paid us for the Services in the 12 months before the event giving rise to the claim,
or (b) US $100. We are not liable for indirect, incidental, special, consequential, or exemplary
damages, for lost profits or data, or for decisions you make based on AI output. We are not
liable for any loss, corruption, or inability to access your memories, conversations, or files, however
caused; you are responsible for keeping your own copies of anything important. Nothing in
these Terms limits liability that cannot be limited by law, such as for fraud, willful misconduct, or
personal injury. Some jurisdictions do not allow certain limitations, so parts of this section may not
apply to you, and this section does not affect non-excludable consumer rights.
10. Indemnification
You will indemnify, defend, and hold harmless Andrew Lang d/b/a Obsidian Metrics from any
third-party claim, loss, or expense (including reasonable legal fees) arising from: (a) your content
or your use of the Services; (b) your violation of these Terms or of any law; or (c) your infringement
of any third party's rights. We may assume exclusive defense of any matter subject to this indemnity,
and you will cooperate.
11. Intellectual property
You retain ownership of the content you submit. Outputs generated for you are yours to use,
subject to these Terms; because AI output may not be unique, we make no claim that any output is
original or clear of third-party rights — you are responsible for rights clearance before republishing.
You grant us the limited license needed to store, process, and transmit your content solely to
operate and secure the Services for you. If you send us feedback or suggestions, you grant us a
perpetual, royalty-free license to use them without obligation to you.
Copyright complaints (DMCA): if you believe content on the Services infringes your
copyright, send a notice with the elements required by 17 U.S.C. §512(c)(3) to our contact address
below. We respond to valid notices and may remove infringing content and terminate repeat infringers.
We will also register a DMCA-designated agent with the U.S. Copyright Office.
12. Termination and data
On account closure you may request a copy of your data first; we delete your personal data per the
Privacy Policy.
13. Dispute resolution and governing law
Governing law: these Terms are governed by the laws of the Commonwealth of
Pennsylvania, USA, without regard to conflict-of-laws rules.
Informal resolution first: before filing any claim, contact us and give us 30
days to resolve it in good faith.
Venue: you and we submit to the exclusive jurisdiction and venue of the state and
federal courts located in Allegheny County, Pennsylvania, and waive any objection to that forum.
14. General
Severability: if any provision is held unenforceable, the rest stay in effect.
Assignment: you may not assign these Terms; we may assign them to a successor
(for example, on a sale or reorganization of the business).
Entire agreement: these Terms, with the Privacy Policy, Refund & Cancellation
Policy, and Disclaimer, are the entire agreement between us and supersede prior discussions.
Force majeure: we are not liable for any delay or failure to perform caused by
events beyond our reasonable control, including failures of third-party infrastructure or providers
(such as Cloudflare, Stripe, or AI model providers), network outages, or acts of government or nature.
Notices: we may give notice to you by email to the address on your account or by
posting in the app, deemed received when sent or posted; notices to us go to the contact address below.
No waiver: our failure to enforce any provision is not a waiver of it.
No third-party beneficiaries: these Terms create no rights in any third party.
Survival: Sections 3, 4, 8, 9, 10, 11, 13, and 14, and all disclaimers, survive
termination or expiration.
15. Contact
support@obsidian-metrics.com — Andrew Lang d/b/a Obsidian Metrics, Pittsburgh, PA, USA.