IMPORTANT LEGAL NOTICE – READ CAREFULLY

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY CREATING AN ACCOUNT, DOWNLOADING, ACCESSING, OR USING THE diAry APPLICATION ("SERVICE"), YOU EXPRESSLY AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND DELETE THE APPLICATION FROM YOUR DEVICE.

1. Definitions

"Service" means the diAry mobile application, including all features, content, functionality, and services provided through the application.

"Company," "We," "Us," or "Our" means GMX Quantum LLC, a Delaware limited liability company.

"User," "You," or "Your" means any individual who accesses or uses the Service.

"Account" means the user account created to access certain features of the Service.

"User Content" means all data, information, text, audio recordings, images, or other materials submitted, uploaded, or created by You within the Service, including but not limited to journal entries, mood data, and voice recordings.

2. Acceptance and Modification of Terms

2.1 Binding Agreement

By creating an Account, clicking "I Agree," or using the Service in any manner, You represent and warrant that:

• You have read, understood, and agree to be bound by these Terms;
• You have the legal capacity to enter into a binding contract;
• You are at least 18 years of age;
• You will comply with all applicable laws and regulations in Your use of the Service.

2.2 Modifications to Terms

We reserve the right, in Our sole discretion, to modify, amend, or replace these Terms at any time. Your continued use of the Service after any modification constitutes Your acceptance of the modified Terms. If You do not agree to the modified Terms, Your sole remedy is to cease using the Service and delete Your Account.

3. Eligibility and Age Requirements

THE SERVICE IS INTENDED SOLELY FOR USERS WHO ARE 18 YEARS OF AGE OR OLDER. By using the Service, You represent and warrant that You are at least 18 years old.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SERVICE.

4. Nature and Limitations of the Service

4.1 Service Description

diAry is a personal journaling application that allows users to create text, voice, and handwritten journal entries; track mood and emotional states; utilize AI-powered transcription and response features; and store journal entries locally on their Device or optionally synchronize journal entries to secure cloud storage (Elite subscribers only).

4.2 Service Limitations

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• The Service is provided for personal, informational, and organizational purposes only;
• The Service is NOT a substitute for professional medical, psychological, psychiatric, therapeutic, counseling, legal, financial, or any other professional services;
• AI-generated outputs are informational only and may contain errors, inaccuracies, hallucinations, or inappropriate content;
• We do not monitor, review, moderate, or exercise editorial control over User Content;
• Service availability may be interrupted, suspended, or terminated at any time without prior notice.

5. No Professional Services – Critical Disclaimers

5.1 Not Medical or Mental Health Services

THE SERVICE IS NOT A MEDICAL DEVICE, MENTAL HEALTH SERVICE, THERAPY PLATFORM, CRISIS INTERVENTION TOOL, OR DIAGNOSTIC INSTRUMENT.

5.2 Suicide and Self-Harm Disclaimer

CRITICAL WARNING – LIFE-THREATENING SITUATIONS:

IF YOU ARE EXPERIENCING SUICIDAL THOUGHTS, SELF-HARM URGES, OR ANY MENTAL HEALTH CRISIS, THE SERVICE IS NOT APPROPRIATE FOR YOUR NEEDS. YOU MUST IMMEDIATELY:

• Contact emergency services: Call 911 (United States) or your local emergency number;
• Contact the National Suicide Prevention Lifeline: 988 (United States);
• Contact the Crisis Text Line: Text HOME to 741741 (United States);
• Seek immediate professional help from a qualified mental health provider.

THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM, INJURY, DEATH, OR OTHER ADVERSE OUTCOMES ARISING FROM OR RELATED TO SUICIDAL IDEATION, SELF-HARM, OR MENTAL HEALTH CRISES.

6. Subscription Terms and Payments

6.1 Subscription Tiers

The Service offers two subscription tiers:

• diAry (Free Tier): Limited AI transcription usage, local storage only, basic journaling features.
• diAry Elite (Paid Tier): Unlimited AI transcription, cloud synchronization, export to PDF, Burn Mode, premium features.

6.2 Subscription Pricing

Current pricing for diAry Elite:

• Monthly Subscription: $9.99 USD per month
• Annual Subscription: $79.99 USD per year

6.3 Automatic Renewal

ALL SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUALLY) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.

7. Refund Policy

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN OUR REFUND POLICY.

Refunds may be issued, at Our sole discretion, ONLY in the event of a complete and sustained failure of the Service that prevents You from accessing any features for a continuous period of seventy-two (72) hours or more. See our Refund Policy for complete details.

8. User Content and Data Storage

8.1 Ownership of User Content

You retain all ownership rights to Your User Content. We do not claim any ownership interest in Your journal entries, mood data, voice recordings, or other content You create within the Service.

8.2 Data Storage Responsibility – Critical Limitation

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Journal entries are stored locally on Your Device by default;
• Cloud synchronization is an optional feature available only to Elite subscribers;
• WE DO NOT GUARANTEE THE AVAILABILITY, INTEGRITY, RECOVERABILITY, OR SECURITY OF USER CONTENT;
• YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR USER CONTENT;
• THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS, CORRUPTION, DELETION, OR UNAUTHORIZED ACCESS TO USER CONTENT UNDER ANY CIRCUMSTANCES.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE GREATER OF:

• The total amount of subscription fees paid by You to the Company in the twelve (12) months immediately preceding the event giving rise to liability; OR
• One Hundred United States Dollars (USD $100.00).

11. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Agreement to Arbitrate

YOU AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS PROVIDED IN THE SMALL CLAIMS EXCEPTION BELOW.

11.2 Arbitration Procedure

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted in Wilmington, Delaware, United States.

11.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

YOU EXPRESSLY WAIVE YOUR RIGHT TO:

• Participate in any class action lawsuit against the Company;
• Participate in any class arbitration or consolidated arbitration;
• Act as a representative or member of any purported class of claimants.

11.4 Small Claims Exception

Either party may bring an individual action in small claims court if the claim is within the jurisdictional limits of the small claims court and does not seek injunctive or declaratory relief.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States, without regard to conflict of law principles.

13. Contact Information

GMX Quantum LLC
Email: [email protected]
Registered Address: Wilmington, Delaware, United States

Effective Date: March 29, 2026 | Version: 2.0

By using diAry, you acknowledge that you have read, understood, and agree to these Terms of Service.

For the complete and unabridged Terms of Service, please contact [email protected].