Terms of Service

1. Agreement to Terms

By accessing or using DeepWrite ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and DeepWrite ("we," "us," or "our"). Please read these Terms carefully before using the Service.

Important: These Terms contain provisions that limit our liability to you and require you to resolve disputes with us through arbitration on an individual basis, not as part of any class or representative action.

2. Description of Service

DeepWrite is an AI-powered digital journaling application that enables users to:

• Create and store personal journal entries
• Use pre-built and custom journaling templates
• Upload and attach images to journal entries
• Access AI-powered insights and analysis of journal content
• Organize entries using calendar-based navigation
• Subscribe to premium features with enhanced AI query limits

The Service is provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Eligibility

To use DeepWrite, you must:

• Be at least 16 years of age (or 13 years with parental consent, where applicable)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under any applicable laws
• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials

By creating an account, you represent and warrant that you meet all eligibility requirements.

4. Account Registration & Security

4.1 Account Creation

You may create an account using:

• Email and password
• Google OAuth authentication

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password and enabling available security features

4.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. You may close your account at any time through your account settings.

5. Subscription Plans & Billing

5.1 Pricing Tiers

DeepWrite offers the following subscription options:

• Free Tier: 2 lifetime AI queries with core journaling features
• Premium Monthly: €9/month for 100 AI queries per month
• Premium 6-Month: €36 for 6 months (save 33%) with 100 AI queries per month

5.2 Payment Processing

All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for the subscription fee and any applicable taxes. Prices are in Euros (€) unless otherwise stated.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription price. We will notify you of any price changes in advance.

5.4 Cancellation

You may cancel your subscription at any time through the Stripe Customer Portal accessible from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the paid period.

5.5 Refund Policy

Refunds are generally not provided for partial billing periods or unused AI queries. However, we may consider refund requests on a case-by-case basis for exceptional circumstances. Contact us through the feedback form to request a refund.

5.6 Usage Limits

AI query limits reset monthly on your billing anniversary date. Unused queries do not roll over to the next month. If you exceed your query limit, you will need to upgrade or wait for the next billing cycle.

6. User Conduct & Acceptable Use

You agree NOT to use DeepWrite to:

• Violate any applicable laws, regulations, or third-party rights
• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other systems or networks
• Use the Service for any commercial purpose without our express written consent
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use automated scripts, bots, or other automated means to access the Service
• Upload or transmit viruses, malware, or other malicious code
• Collect or harvest any personal information about other users
• Abuse, harass, threaten, or intimidate our support team or other users

7. User Content & Intellectual Property

7.1 Your Content

You retain all ownership rights to the content you create and upload to DeepWrite, including your journal entries, images, and custom templates ("User Content"). You are solely responsible for your User Content and the consequences of sharing it.

7.2 License to DeepWrite

By uploading User Content, you grant DeepWrite a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service. This includes processing your journal entries through AI for analysis when you use AI features.

This license terminates when you delete your User Content or close your account, except for content that has been shared with third-party services (such as AI processing) which may have their own retention policies.

7.3 DeepWrite's Intellectual Property

The Service, including its design, features, software, logos, and trademarks, is owned by DeepWrite and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into the Service without compensation or attribution to you.

8. AI-Powered Features

8.1 AI Processing

Our AI assistant ("Echo") uses OpenAI's technology to analyze your journal entries and answer questions. By using AI features, you acknowledge that:

• Your journal content will be sent to OpenAI's API for processing
• AI-generated responses may not always be accurate or complete
• AI should not be used as a substitute for professional advice (medical, legal, financial, etc.)
• OpenAI's data usage policies apply to content processed through their API

8.2 No Professional Advice

DeepWrite and its AI features do not provide medical, psychological, legal, financial, or other professional advice. The AI insights are for informational and reflective purposes only. Always consult qualified professionals for specific advice related to your circumstances.

8.3 AI Limitations

AI technology has limitations and may:

• Produce inaccurate or nonsensical responses
• Misinterpret context or intent
• Exhibit biases present in training data
• Be unavailable due to technical issues or service disruptions

We make no warranties regarding the accuracy, reliability, or completeness of AI-generated content.

9. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using DeepWrite, you consent to our Privacy Policy.

Key privacy highlights:

• We do not sell your personal data
• Your journal entries are encrypted at rest and in transit
• You have the right to access, modify, and delete your data
• We comply with GDPR, CCPA, and other applicable privacy laws

Please review our full Privacy Policy for complete details.

10. Third-Party Services

DeepWrite integrates with third-party services to provide functionality:

• OpenAI: AI processing and analysis
• Stripe: Payment processing and subscription management
• Google: OAuth authentication
• Supabase: Database and infrastructure hosting

These third-party services have their own terms of service and privacy policies. We are not responsible for the practices or content of third-party services. Your use of third-party services is at your own risk.

11. Disclaimers & Limitations of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

DeepWrite does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or other harmful components
• Results obtained from the Service will be accurate or reliable

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPWRITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

IN NO EVENT SHALL DEEPWRITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO DEEPWRITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

11.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations may not apply to you, and our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless DeepWrite, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Your breach of any representation or warranty herein

13. Dispute Resolution & Arbitration

13.1 Informal Resolution

If you have a dispute with DeepWrite, you agree to first contact us through our feedback form and attempt to resolve the dispute informally for at least 30 days before initiating formal proceedings.

13.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding arbitration on an individual basis. You waive your right to a trial by jury or to participate in a class action lawsuit.

13.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where DeepWrite operates, without regard to its conflict of law provisions.

13.4 Exceptions

Either party may seek equitable relief in court for infringement or misappropriation of intellectual property rights or confidentiality obligations.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination:

• Your right to use the Service ceases immediately
• You remain liable for all amounts due up to the date of termination
• Your data may be deleted in accordance with our data retention policies
• Provisions that by their nature should survive termination will survive (e.g., ownership, warranty disclaimers, indemnification, limitations of liability)

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service before the changes take effect.

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may close your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and DeepWrite regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

17. Contact Information

If you have questions about these Terms, please contact us through the feedback form in your account settings or via the contact form on our website.

For legal notices, please mark your inquiry as "Legal Notice" for appropriate routing.