Terms & Conditions

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and the Company. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. ELIGIBILITY

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Services under any circumstances.

3. ACCOUNT REGISTRATION

To access certain features of the Services, you must create an account. You agree to:

1.    Provide accurate, current, and complete information during registration

2.    Maintain and promptly update your account information

3.    Maintain the security of your password and account credentials

4.    Accept all risks of unauthorized access to your account

5.    Notify us immediately of any unauthorized use of your account

You are solely responsible for all activities that occur under your account. The Company is not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Free Trial

New users may be offered a 7-day free trial period with full access to all features. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. You may cancel at any time during the trial period without charge.

4.2 Subscription Plans

We offer the following subscription plans: (a) Monthly subscription at $9.00 per month; (b) Annual subscription at $79.00 per year. All prices are in U.S. dollars unless otherwise specified. Prices are subject to change with notice.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal period.

4.4 Payment Processing

Payments are processed through Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees to your payment method. You represent and warrant that you have the legal right to use any payment method you provide.

4.5 Failed Payments

If a payment fails, you will enter a grace period of up to one week during which we will attempt to process payment. If payment cannot be processed after the grace period, your subscription will be cancelled and your access to paid features will be terminated.

4.6 Taxes

You are responsible for all applicable taxes associated with your subscription. Taxes are calculated and collected automatically through Stripe Tax based on your billing address.

4.7 Refund Policy

ALL SALES ARE FINAL. We do not offer refunds for any subscription payments, whether monthly or annual, except as required by applicable law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period.

5. CANCELLATION

You may cancel your subscription at any time through the App's settings or by contacting us at support@affirmations.app. Cancellation will take effect at the end of your current billing period. You will not receive a refund for the unused portion of your subscription period. Upon cancellation, your data will be retained as described in our Privacy Policy, but your access to paid features will be terminated.

6. ARTIFICIAL INTELLIGENCE FEATURES

6.1 AI-Assisted Affirmation Creation

The Services include optional artificial intelligence features to help you create and refine affirmations. These features use third-party AI services, including but not limited to Anthropic and xAI. By using AI features, you acknowledge and agree that:

6.    Your input text may be temporarily transmitted to third-party AI providers for processing

7.    AI-generated suggestions are provided as-is without any warranties

8.    You are solely responsible for reviewing and approving all AI-generated content

9.    AI suggestions are not stored permanently and are discarded after you accept or reject them

6.2 Usage Limits

AI features are subject to usage limits, including but not limited to: (a) Maximum of 50 AI calls per user per day; (b) Time limits per editing session; (c) Maximum number of affirmations processed at once. These limits may change at our discretion without notice.

6.3 No Guarantee of Availability

AI features may be temporarily unavailable due to technical issues, third-party service outages, or other factors beyond our control. We do not guarantee uninterrupted access to AI features.

7. USER CONTENT

7.1 Your Responsibility

You are solely responsible for all content you create, store, or share through the Services, including affirmations, notes, and any other user-generated content ("User Content"). You represent and warrant that you own or have the necessary rights to all User Content you submit.

7.2 No Content Moderation

The Company does not monitor, review, or moderate User Content. You acknowledge that you are solely responsible for the content you create and that the Company has no obligation to monitor User Content for appropriateness, legality, or accuracy.

7.3 License to Company

By submitting User Content, you grant the Company a limited, non-exclusive, royalty-free, worldwide license to use, store, and process your User Content solely for the purpose of providing and improving the Services. This license includes the right to use encryption, backup, and other technical measures necessary to operate the Services.

7.4 Prohibited Content

You agree not to create, store, or share User Content that: (a) Violates any law or regulation; (b) Infringes on intellectual property rights; (c) Contains malicious code or viruses; (d) Violates the privacy or rights of others; (e) Is harmful to minors. While we do not monitor content, we reserve the right to remove content that violates these Terms if brought to our attention.

8. INTELLECTUAL PROPERTY

8.1 Company Property

The Services, including all software, designs, text, graphics, logos, audio content, interfaces, and other materials (collectively, "Company Content"), are owned by or licensed to the Company and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or exploit any Company Content without our express written permission.

8.2 Trademarks

"Affirmations App" and related logos, product names, and service names are trademarks of Affirmations App LLC. You may not use these trademarks without our prior written consent.

8.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to: (a) Resell or commercial use of the Services; (b) Modify, reverse engineer, or create derivative works; (c) Download or copy Company Content except as expressly permitted; (d) Use data mining, robots, or similar data gathering tools.

9. AUDIO CONTENT

The Services include daily audio content for your personal use. Audio content is streamed only and may not be downloaded, recorded, redistributed, or used for any commercial purpose. Audio content is provided in multiple languages and is selected automatically based on your language settings. Audio content availability may vary by language and may be updated or changed without notice.

10. COMMUNICATIONS

10.1 Push Notifications

If you enable push notifications, you consent to receive daily reminder notifications from the App. You may disable notifications at any time in your device settings or App settings.

10.2 Email Communications

By creating an account, you consent to receive transactional emails related to your account, subscription, and use of the Services. You may also receive marketing emails about new features, promotions, and other information. You may opt out of marketing emails by following the unsubscribe link in any email or by contacting us at support@affirmations.app.

10.3 Service Announcements

We may send you service-related announcements when necessary (e.g., service disruptions, changes to Terms). You may not opt out of these communications, as they are not promotional in nature.

11. ANALYTICS AND TRACKING

We use analytics services, including Mixpanel and others, to collect and analyze information about your use of the Services. This helps us improve the Services and understand user behavior. By using the Services, you consent to the collection and use of analytics data as described in our Privacy Policy.

We may also use cookies and similar tracking technologies for advertising purposes on third-party platforms, including but not limited to Meta (Facebook/Instagram), Google, YouTube, X (Twitter), TikTok, LinkedIn, Snapchat, Pinterest, and Reddit. For more information about how we use tracking technologies, please see our Privacy Policy.

12. DISCLAIMER OF WARRANTIES

THE SERVICES ARE 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.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT:

10.  The accuracy, reliability, completeness, or timeliness of the Services or any content

11.  The results you may obtain from using the Services

12.  The quality, accuracy, or suitability of any AI-generated suggestions

13.  That the Services will be uninterrupted, secure, or error-free

14.  That defects will be corrected or that the Services are free of viruses or harmful components

YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE MEDICAL, MENTAL HEALTH, OR THERAPEUTIC SERVICES. THE SERVICES ARE INTENDED FOR GENERAL WELLNESS AND SELF-IMPROVEMENT PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT.

13. NO GUARANTEE OF RESULTS

THE COMPANY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES REGARDING THE EFFECTIVENESS OF THE SERVICES OR ANY OUTCOMES YOU MAY ACHIEVE. INDIVIDUAL RESULTS WILL VARY. YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR SOLE RISK.

You acknowledge that affirmations and related practices are self-directed activities and that the Company is not responsible for any results, effects, or outcomes you may or may not experience. The Company makes no claims about improved mental health, behavior change, goal achievement, or any other specific outcomes from using the Services.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

15.  Your access to, use of, or inability to access or use the Services

16.  Any conduct or content of any third party on the Services

17.  Any content obtained from the Services

18.  Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) Your use of the Services; (b) Your violation of these Terms; (c) Your violation of any rights of another party; (d) Your User Content; (e) Your violation of any applicable laws or regulations.

16. DISPUTE RESOLUTION AND ARBITRATION

16.1 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND MAY REQUIRE YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except as modified by this Section.

16.2 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

16.3 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@affirmations.app within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

17. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by the laws of the State of Wyoming, without regard to its conflict of law provisions. To the extent arbitration does not apply, you agree to submit to the personal jurisdiction of the state and federal courts located in Sheridan County, Wyoming.

18. PROHIBITED ACTIVITIES

You agree not to:

19.  Use the Services for any illegal purpose or in violation of any laws

20.  Violate the intellectual property rights of the Company or others

21.  Attempt to gain unauthorized access to the Services or related systems

22.  Interfere with or disrupt the Services or servers or networks connected to the Services

23.  Use any robot, spider, scraper, or other automated means to access the Services

24.  Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services

25.  Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

26.  Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

27.  Transmit any viruses, malware, or other malicious code

28.  Engage in any activity that could harm minors or exploit others

19. TERMINATION

19.1 Termination by You

You may terminate your account at any time by following the account deletion process in the App settings or by contacting us at support@affirmations.app. Upon termination, your subscription will be cancelled and your access to the Services will end, subject to the data retention policies described in our Privacy Policy.

19.2 Termination by Company

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

19.3 Effect of Termination

Upon termination: (a) Your access to the Services will end immediately; (b) You will not be entitled to any refund of subscription fees; (c) Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

20. MODIFICATIONS TO SERVICES AND TERMS

20.1 Changes to Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

20.2 Changes to Terms

We may revise these Terms from time to time. We will notify you of material changes by posting the revised Terms on our website or through the App, and updating the "Last Updated" date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

21. THIRD-PARTY SERVICES

The Services may contain links to or integrate with third-party websites, applications, or services ("Third-Party Services"), including but not limited to payment processors (Stripe), authentication providers (Google, Apple), AI services (Anthropic, xAI), analytics providers (Mixpanel), and social media platforms. These Third-Party Services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of Third-Party Services is at your own risk and subject to their respective terms and conditions.

22. DATA SECURITY AND PRIVACY

While we implement reasonable security measures to protect your data, including encryption of affirmations at rest, no system is completely secure. You acknowledge that any transmission of data over the internet or wireless networks involves inherent security risks, and you transmit data at your own risk. For more information about how we collect, use, and protect your data, please review our Privacy Policy.

23. INTERNATIONAL USE

The Services are controlled and operated from the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the Services are appropriate or available for use in other locations.

24. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter hereof.

25. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

26. WAIVER

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

27. ASSIGNMENT

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice. Any attempted assignment in violation of this Section shall be null and void.

28. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

29. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Affirmations App LLC

30 N Gould St #50094

Sheridan, WY 82801

Email: support@affirmations.app