Terms of Service

1. Agreement

These Terms of Service are an agreement between you and mywalnut, Inc., a Delaware corporation ("Active Journal," "we," "us," or "our"). They apply when you access or use Active Journal, including its website, journal, exploration, research, dictation, and account features (the "Service"). By using the Service, you agree to these Terms and acknowledge the Privacy Policy.

If you do not agree, do not use the Service.

2. Eligibility and account access

Active Journal is offered only to people who reside in the United States outside Washington, are at least 18 years old, and can enter into a binding contract. You may use the Service only while physically outside Washington. The current beta is invitation-only. An invitation is personal and does not promise permanent or uninterrupted access.

You are responsible for accurate account information, keeping your credentials and devices secure, and activity under your account. Available sign-in methods may include password or email-link sign-in and Google sign-in. The standard sign-out control signs out only the current device. Optional reminders start only when you choose a schedule and confirm delivery. New reminder practices run for two weeks unless you choose to continue them. Text reminders recur at your chosen frequency during an active practice; message and data rates may apply. Reply STOP to stop or use Settings to turn the reminder off. Reply START permits texts again but requires you to resume in Settings. Delivery is not guaranteed. Contact support for help.

Tell us promptly at privacy@activejournal.app if you believe your account or another device or session has been compromised.

3. Your writing remains yours

You retain any ownership rights you have in the journal entries, excerpts, notes, messages, research questions, and other material you submit or save in Active Journal ("Your Content"). Active Journal does not claim ownership of Your Content. You can edit, export, and delete Your Content using the controls available in the Service.

To operate the Service, you give Active Journal a nonexclusive, worldwide, royalty-free license to host, reproduce, transmit, format, process, and display Your Content—and to allow our service providers to do the same—only as reasonably necessary to provide, maintain, secure, and troubleshoot the Service and features you choose. This license does not let us use private journal content in advertising, publish it, sell it, or train our own general-purpose AI models. It ends when Your Content is deleted from our active systems, subject to reasonable backup ageing, legal obligations, security needs, and content you intentionally sent to a third-party tool under Section 4.

You are responsible for Your Content and must have the right to submit it. Please avoid placing someone else's highly sensitive information in your journal unless you have a lawful reason to do so.

4. Optional AI, research, and dictation tools

You can use the core journal without AI, research, or dictation. Writing, saving, editing, organizing, exporting, and deleting journal content do not send it to an AI provider. Optional AI and research features use Anthropic only after you choose to use them, accept the in-product disclosure, and deliberately send or approve a request. Optional live dictation uses Deepgram only when you start it. Google processes identity information only when you choose Google sign-in. The Privacy Policy explains the current data flow in detail.

AI-generated text and research can be incomplete, inaccurate, or inappropriate. Review it before relying on it or saving it. Active Journal is a writing tool, not a medical, mental-health, legal, financial, or other professional service. It does not monitor your writing for emergencies and cannot contact emergency services for you. If you may be in immediate danger, contact local emergency services or an appropriate crisis resource.

Free and Assist plans

Free includes writing, editing, your saved journal and related notes, and export. Optional assisted tools may require Assist. Settings shows the current plan, available tools, and temporary usage limits. Buying Assist does not enable a feature that is unavailable. There are no automatic usage-overage charges.

A seven-day trial starts only when you choose it. It requires no payment card and ends without a charge or automatic subscription. Complimentary access may have an expiry date, shown in Settings, and does not create a subscription. A complimentary grant does not cancel an existing paid subscription.

Where subscriptions are offered, the price, billing frequency, applicable tax, and renewal terms are shown before payment. A paid subscription starts when purchased and renews automatically until you cancel. The current Assist subscription renews monthly. You can cancel renewal from Settings → Plan; access continues through the paid period. Cancellation does not automatically refund a payment already made. Contact info@activejournal.app about billing errors or refund requests; any rights you have under applicable law remain unchanged.

When Assist ends, new paid processing and text delivery stop. Your saved writing, conversations, and research remain accessible and exportable, and your own notes remain editable. Account deletion closes the billing account and stops future subscription charges before deleting the account. Deleting journal data alone leaves your account and subscription in place.

5. Acceptable use

You may not use the Service to:

• break the law or violate another person's rights;
• access another account or content without authorization;
• probe, disrupt, overload, or bypass security or access controls, except with our prior written authorization;
• introduce malware or use automated access that interferes with the Service;
• use optional provider tools in ways their applicable terms prohibit; or
• misrepresent generated output as professional advice or guaranteed fact.

We may investigate suspected abuse using narrowly scoped account, security, and service records. We do not promise routine human review of journal content.

If you believe you found a security or privacy issue, report it privately to privacy@activejournal.app. Do not include journal text, passwords, session tokens, or account credentials in the report.

6. Private beta

Beta software can change, contain errors, or experience interruptions. Features may be added, removed, limited, or disabled to protect users, control cost, or improve the product. Keep an export of writing you cannot afford to lose.

7. Suspension, termination, and deletion

You may stop using Active Journal or delete your account through the product. We may suspend or end beta access for security, abuse, legal, operational, or product reasons. When reasonably possible, we will give notice and an opportunity to export saved journal data before ending access. Immediate action may be necessary to address security, legal, or harm risks.

Account deletion removes the account and associated active-service records from our application systems. Some information may remain for a limited time in provider backups or logs, and information already sent to an optional provider follows that provider's retention rules. The Privacy Policy explains these limits.

8. Service and warranty limits

To the extent allowed by law, the Service is provided "as is" and "as available." We do not guarantee that it will always be available, error-free, secure against every threat, or preserve every draft. We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement where the law permits.

These limits do not override warranties or consumer rights that cannot lawfully be excluded.

9. Limits on liability

To the fullest extent permitted by law, neither you nor Active Journal will be liable under these terms for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, when those damages were not a reasonably foreseeable result of the event.

To the fullest extent permitted by law, Active Journal's total liability arising from the Service or these terms will not exceed the greater of $100 or the amount you paid us for the Service during the 12 months before the event giving rise to the claim. This section does not limit liability that cannot legally be limited, including liability for fraud or willful misconduct where applicable.

10. Governing law and disputes

Delaware law governs these terms, without regard to conflict-of-law rules, except where the law of your home state gives you nonwaivable consumer protections. Any dispute that cannot be resolved informally may be brought in the state or federal courts located in Delaware, and each side consents to those courts' jurisdiction, unless applicable law gives you the right to bring it elsewhere.

These terms do not require arbitration and do not include a class-action waiver. Before filing a claim, either side may send a written description to the contact in Section 12 and allow 30 days for an informal response.

11. Changes to the Service or these terms

We may update these terms as the Service changes. The page will show its effective date and version. For a material change, we will provide proportionate notice in the Service or by another reasonable method before the change applies. Changes do not retroactively reduce rights to Your Content. Continuing to use the Service after an updated version takes effect means you accept it.

These terms, together with the Privacy Policy, are the agreement between you and us about the Service. If one provision cannot be enforced, the rest remain in effect. Our failure to enforce a provision is not a waiver.

12. Contact

Questions about these terms may be sent to mywalnut, Inc. at privacy@activejournal.app.