Daniel's Diaries Terms of Service

Applies to: Daniel's Diaries, operated by Foundational Minds ("Daniel's Diaries," "we," "us," or "our")

1. Agreement to These Terms

By creating an account, purchasing a subscription, or using Daniel's Diaries (the "Service"), you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.

2. Intended Users and Parent Responsibility

Daniel's Diaries is designed for families and children, with accounts managed by a parent or legal guardian ("Parent"). A Parent must provide consent, supervise use, and is legally responsible for all activity under the household account, including child profiles.

You represent that you have legal authority to accept these Terms for yourself and, where applicable, on behalf of any child using the Service.

3. Educational-Only Service (No Medical or Mental Health Advice)

The Service is an educational wellbeing tool and is not medical care, mental health treatment, diagnosis, crisis response, or a substitute for professional advice. If you or your child may be in danger or needs urgent support, contact emergency services immediately.

4. Accounts, Credentials, and Security

You must provide accurate registration information and keep it current.
You are responsible for maintaining the confidentiality of login credentials.
You must promptly notify us of unauthorized account access or security incidents.
We may suspend or terminate accounts to protect users, comply with law, or enforce these Terms.

5. Subscriptions, Billing, Renewal, and Cancellation

Paid features are offered by subscription and billed in advance on a recurring basis (e.g., monthly or annual).
By subscribing, you authorize recurring charges until cancellation.
You may cancel future renewals at any time from your account billing settings.
Unless required by applicable law, fees already paid are non-refundable.
We may change pricing for future billing periods with advance notice as required by law.

6. Acceptable Use

You agree not to:

Use the Service unlawfully or in violation of another person's rights.
Interfere with platform operations, security, or access controls.
Attempt unauthorized access to systems, data, or other accounts.
Reverse engineer, copy, scrape, or commercially exploit the Service except as permitted by law.
Upload harmful code or abusive, threatening, or illegal content.

7. User Content and License

You retain ownership of content you submit (such as profile data, responses, or feedback). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display such content solely to operate, secure, improve, and provide the Service.

You represent you have rights to submit all content and that your content does not violate law or third-party rights.

8. Intellectual Property

The Service, including software, design, text, graphics, modules, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Service for personal, non-commercial family use in accordance with these Terms.

9. Third-Party Services

We may integrate third-party services (such as payment processors, hosting, analytics, or content safety providers). Your use of those services may be subject to separate third-party terms and policies, and we are not responsible for third-party services we do not control.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DANIEL'S DIARIES OR FOUNDATIONAL MINDS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) USD $100.

12. Indemnification

You agree to indemnify and hold harmless Daniel's Diaries, Foundational Minds, and their officers, directors, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Service, your content, or your violation of these Terms or law.

13. Termination

You may stop using the Service at any time. We may suspend or terminate access immediately for violations, legal requirements, security concerns, or other legitimate business reasons. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property terms, disclaimers, limitations of liability, and dispute terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the state and country where Foundational Minds is established, without regard to conflict-of-law rules, except where mandatory consumer protection laws provide otherwise.

Before filing a claim, you agree to attempt informal resolution by contacting us. If a dispute cannot be resolved informally, it will be resolved in the courts of competent jurisdiction in the location where Foundational Minds is established, unless applicable law requires a different forum.

15. Changes to These Terms

We may update these Terms from time to time. The updated version becomes effective when posted, unless a later date is stated. If changes are material, we will provide additional notice where required by law. Continued use of the Service after the effective date of revised Terms constitutes acceptance.

Terms of Service