Terms of Service

Terms of Use

Effective Date: Mar 1, 2025

Welcome to WithDiary ("the App"). By accessing or using our mobile application, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the App.

1. Use of the App

• The App is designed for personal use, allowing users to create and store journal entries while receiving AI-generated feedback.
• You must be at least 17 years old to use the App. However, if the minimum age requirement in your jurisdiction is higher, you must meet that requirement to use the App.
• By using the App, you agree to provide accurate and up-to-date information during registration and maintain the security of your account.

2. User Accounts and Authentication

• To access certain features, you must create an account using authentication methods provided in the App.
• You are responsible for maintaining the confidentiality of your account credentials.
• We reserve the right to suspend or terminate your account if we detect unauthorized use or violation of these Terms.

3. Subscription and Payment

• The App offers subscription plans, including a monthly option.
• Subscription fees are charged at the beginning of each billing cycle and, in principle, are non-refundable. However, refunds may be provided where required by applicable laws.
• By subscribing, you authorize us or our third-party payment processor to charge your selected payment method.
• Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing cycle.
• You can manage or cancel your subscription through your Apple App Store account settings.
• We reserve the right to change subscription pricing, but you will be notified in advance of any changes.

4. Data Collection and Privacy

• The App stores your journal entries and related data in Firebase Firestore.
• Authentication services ensure that only authorized users can access their own data.
• Our use of personal data is governed by our Privacy Policy, which details how we collect, use, and protect your information.

5. AI-Generated Content and Insights

• The App integrates OpenAI’s API to provide AI-generated feedback on journal entries.
• AI-generated responses are for informational and entertainment purposes only and should not be considered professional advice.
• The App does not provide medical, mental health, legal, or other professional services. It is not a substitute for professional consultation.
• We do not guarantee the accuracy, reliability, or completeness of AI-generated content. The AI-generated responses may contain errors, outdated information, or unintended biases.
• The App does not retain or use journal data to train AI models. OpenAI's API does not retain user input for training purposes.
• The App may provide personalized insights based on your journal entries, such as writing frequency, commonly used words, and sentiment analysis.
• These insights are subject to change as the App continues to evolve, and we do not guarantee their accuracy or completeness.
• Users should independently verify any information provided by AI and use their own judgment before acting on AI-generated responses.
• We are not responsible for any direct or indirect consequences arising from the use or reliance on AI-generated responses.
• OpenAI's API or other third-party services used in the App may change, be discontinued, or become unavailable at any time, and we are not responsible for any disruptions resulting from such changes.

6. User Responsibilities

• You agree not to use the App to post or share any unlawful, harmful, or offensive content.
• You shall not attempt to interfere with the App’s security features, access data that does not belong to you, or engage in any form of hacking or exploitation.
• You are solely responsible for the content you create and share within the App. The App and its developers are not responsible for any legal consequences arising from user-generated content.

7. End-User License Agreement (EULA) Terms

8. Limitation of Liability

• We provide the App "as is" without warranties of any kind.
• We are not liable for any loss or damage resulting from the use of the App, including issues arising from AI-generated responses or insights.
• You use the App at your own risk.
• The App is not responsible for any emotional distress, psychological effects, or negative consequences that may arise from journal entries, AI-generated content, or insights.
• We are not liable for any actions taken by users based on feedback, insights, or any content generated within the App.
• The App is not a substitute for professional mental health services. If you are experiencing distress, depression, or any other mental health concerns, we strongly encourage you to seek professional assistance.
• Under no circumstances shall the App, its developers, or affiliates be responsible for any direct, indirect, incidental, consequential, or special damages, including but not limited to emotional distress, psychological effects, loss of data, or personal harm resulting from the use or inability to use the App.
• By using the App, you acknowledge and agree that any emotional, psychological, or behavioral effects arising from journaling, AI-generated insights, or feedback are solely your responsibility.
• The App is not responsible for service disruptions or API changes by OpenAI or other third-party providers.

9. Modifications to the Terms

• We reserve the right to update or modify these Terms at any time.
• If changes to the Terms occur, we will notify users through in-app notifications or email before the changes take effect.
• If you do not agree with the revised Terms, you may discontinue using the App. Continuing to use the App after the changes take effect constitutes your acceptance of the new Terms.

10. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of your country or region of residence.
• Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in your country or region of residence.