Cultivate Digital

Terms of Service

Effective Date: January 20, 2025

Welcome to AI Affirmations & Gratitude (the "App"). By accessing or using the App, you agree to be bound by these Terms of Service (the "Terms"). If you do not agree with these Terms, please do not use the App.

Questions or concerns? Reading these terms of service will help you understand your rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [email protected].

TABLE OF CONTENTS

1. Acceptance of Terms
2. Subscription and Payments
3. Use of the App
4. Advertisements and Third-Party Links
5. AI-Generated Content and Third-Party Services
6. Data Storage and User Responsibility
7. Mental Health and Wellness Disclaimer
8. Intellectual Property
9. Disclaimer of Warranties
10. Limitation of Liability
11. Privacy Policy
12. Termination
13. Changes to Terms
14. Governing Law
15. Contact Us

1. Acceptance of Terms

By downloading, installing, or using the App, you confirm that you are at least 13 years old (or the minimum age required in your jurisdiction) and, if under 18, have parental consent. Users under 18 should use the App with parental guidance. If you are 18 years or older, you confirm that you are legally capable of entering into a binding agreement.

2. Subscription and Payments

2.1 Subscription Overview

• The App offers subscription plans to unlock premium features including AI-powered personalized affirmations and advanced customization options.
• Subscriptions are billed on a recurring basis until canceled.
• You may cancel your subscription at any time, there are no refunds for subscription fees for any reason.

2.2 Payment Processing

• Payments are processed through the App Store.
• By subscribing, you authorize the applicable store to charge your chosen payment method.

2.3 Subscription Features and Expiration

• Premium features include AI-generated personalized affirmations, unlimited custom affirmations, and advanced notification scheduling.
• Upon subscription expiration, premium features become unavailable but your data remains intact.
• All data can be reactivated upon resubscription.
• You may cancel your subscription at any time through your device's subscription settings.

2.4 Cancellation and Refunds

• Subscription fees are non-refundable.

2.5 Changes to Pricing

• We reserve the right to modify subscription fees, with prior notice provided to you through the App or associated stores.

3. Use of the App

3.1 License Grant

• We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

3.2 Prohibited Activities

You agree not to:

• Use the App for unlawful purposes.
• Create or store content that is illegal, hateful, harassing, or violates others' rights.
• Reverse engineer, decompile, or modify the App.
• Attempt to gain unauthorized access to any systems or data.
• Share or distribute content from the App for commercial purposes.

4. Advertisements and Third-Party Links

• The free version of the App contains advertisements.
• We are not responsible for the content or accuracy of third-party ads or links provided within the App.

5. AI-Generated Content and Third-Party Services

5.1 Google Gemini AI Integration

• The App utilizes Google's Gemini AI service to generate personalized affirmations.
• AI-generated content is created based on your inputs and preferences but may not always be accurate, appropriate, or suitable for your specific needs.
• We do not control the output of AI-generated content and are not responsible for its accuracy, appropriateness, or effectiveness.
• Your use of AI-generated features is subject to Google's Terms of Service and Privacy Policy.

5.2 Content Responsibility

• You are solely responsible for any custom affirmations you create and store in the App.
• AI-generated affirmations may occasionally produce inappropriate, inaccurate, or unexpected results. You should review all content before use.
• You are responsible for reviewing all AI-generated content before use.
• We recommend using your own judgment when incorporating AI-generated affirmations into your personal practice.
• We do not endorse or guarantee the effectiveness of any specific affirmations, whether AI-generated or user-created.

6. Data Storage and User Responsibility

6.1 Private Use Only

• All data stored in the App is private and local to your device only.
• The App does not include social sharing, cloud sync, or user-to-user content sharing features.
• You are responsible for the content you create and store on your device.

6.2 Data Storage

• All affirmation data, personal preferences, and user information are stored locally on your device.
• Notification schedules and settings are managed locally on your device.
• You are solely responsible for backing up your affirmation data and custom content.
• We do not provide cloud backup services or data recovery.
• We are not liable for data loss due to device failure, app deletion, software corruption, device replacement, or any other cause.
• Uninstalling the App will permanently delete all stored affirmation data and preferences.
• We recommend regularly exporting or backing up important personal content.

6.3 Photo Library Access

• The App may request permission to access your photo library solely to save images you choose to export or create.
• Access to the photo library is optional and initiated only by the user.
• The App does not read, upload, collect, analyze, or share your existing photos.
• All saved images remain on your device and are never transmitted to our servers.
• You may choose to share saved images using your device's built-in sharing features, including social apps.

7. Mental Health and Wellness Disclaimer

7.1 Not Medical or Therapeutic Advice

• This App is designed for personal development and motivational purposes only.
• The App, including AI-generated content, does not provide medical, psychological, or therapeutic advice.
• Affirmations and content provided by the App are not intended to diagnose, treat, cure, or prevent any mental health condition or medical issue.

7.2 Professional Consultation

• Always consult qualified mental health professionals for serious emotional, psychological, or mental health concerns.
• If you are experiencing a mental health crisis, contact emergency services or a mental health crisis hotline immediately.
• The App is not a substitute for professional mental health care, therapy, or medical treatment.

7.3 Limitation of Responsibility

• We are not responsible for any psychological, emotional, or mental health outcomes resulting from use of the App.
• We do not guarantee any specific results, improvements, or benefits from using affirmations or App features.
• Individual results may vary, and the effectiveness of affirmations depends on many personal factors beyond our control.

7.4 Notification Reliability

• Notification delivery depends on device settings, operating system, and network connectivity, and may fail, be delayed, or not fire at all. Users should not rely solely on App notifications for critical reminders or therapeutic practices.
• We are not responsible for missed notifications or their impact on your wellness routine.

8. Intellectual Property

All content, features, and functionality in the App (including but not limited to text, graphics, logos, and code) are owned by or licensed to us and are protected by intellectual property laws.

9. Disclaimer of Warranties

• The App is provided "as is" and "as available" without warranties of any kind, including but not limited to merchantability or fitness for a particular purpose.
• We do not guarantee the accuracy, reliability, or effectiveness of affirmations, AI-generated content, or notification delivery.
• Notification delivery depends on device settings, operating system, and network connectivity, and may fail, be delayed, or not fire at all. Users should not rely solely on App notifications for critical reminders or therapeutic practices.
• We do not warrant that the App will be uninterrupted, error-free, or free from viruses or other harmful components.
• We make no warranties regarding the therapeutic or psychological benefits of using the App.

10. Limitation of Liability

• We shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of or inability to use the App.
• Our total liability shall not exceed the amount paid by you for the subscription during the last billing cycle.
• We are not liable for any mental health impacts, emotional distress, or psychological effects resulting from use of the App or its content.
• We are not responsible for service interruptions due to circumstances beyond our control, including but not limited to natural disasters, government actions, technical failures, or third-party service outages (including Google Gemini AI services).

10.1 Indemnification

• You agree to indemnify and hold harmless Cultivate Digital, LLC from any claims, damages, or expenses arising from your use of the App, violation of these Terms, or violation of any third-party rights.

11. Privacy Policy

• Your use of the App is also governed by our Privacy Policy, which details how we collect, use, and protect your data.

12. Termination

• We reserve the right to suspend or terminate your access to the App if you violate these Terms or engage in fraudulent activities.

13. Changes to Terms

• We may update these Terms from time to time. Continued use of the App after changes constitute acceptance of the revised Terms.

14. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.

15. Contact Us

If you have any questions regarding these Terms, please contact us at:
[email protected]

By using AI Affirmations & Gratitude, you acknowledge that you have read, understood, and agreed to these Terms of Service.