Terms of Service

1. Acceptance of Terms

By accessing or using NuiDiary (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and NuiDiary ("we," "us," or "our"), operated by an independent developer based in Taiwan (Republic of China).

2. Description of Service

NuiDiary is a photo diary application designed for plushie enthusiasts. The Service allows you to:

• Create and keep local plushie journals on your device without signing in
• Create photo-based diary entries for your plushies
• Organize diary entries by plushie character and timeline
• Export diary entries as formatted images for sharing
• Sync your content to your account when you sign in
• Share selected diary entries with accepted friends within the app
• Subscribe to premium features through our paid plan

Some features are available locally without an account, while cloud-backed features such as account sync, friend features, subscription management, and account restoration require sign-in. We may add, modify, or remove features of the Service as it evolves.

3. Account Registration

• You may sign in using a valid Google or Apple account to access account-based features
• Google or Apple sign-in is required for cloud sync, friends, purchases, and account restoration
• You are responsible for maintaining the security of your account and sign-in credentials
• You must promptly notify us if you suspect unauthorized access to your account
• You are responsible for all activities that occur under your account

4. User Content & Intellectual Property

4.1 Your Content

You retain full ownership and copyright of all content you upload to the Service, including photos, text, plushie profiles, and any other materials ("User Content"). We do not claim any intellectual property rights over your User Content.

4.2 License to NuiDiary

By uploading User Content, you grant NuiDiary a limited, non-exclusive, worldwide, royalty-free license to store, process, display, and transmit your User Content solely for the purpose of providing and operating the Service. This includes:

• Storing your photos and diary entries on our servers
• Processing selected photos, text, and instructions for legacy AI-assisted diary writing while that feature remains available in older app versions
• Displaying your content to you within the app
• Making shared diary entries and related social metadata visible to your accepted friends
• Generating export images from your diary entries

This license terminates when you delete your content or your account.

4.3 Legacy AI-Assisted Diary Writing

AI-assisted diary writing is being retired and is not part of current Bloom subscription benefits. Older app versions may continue to access this feature for a limited legacy support period. If you choose to use it while it remains available, selected photos and any text or instructions you provide may be sent to OpenAI to generate draft diary text for your review. Regular uploads and sync are used to save and sync your content; they are not sent to OpenAI or another third-party AI service.

4.4 Your Responsibility for Content

You are solely responsible for the content you upload to the Service. In particular:

• You must have the right to upload any content you submit (e.g., you took the photo yourself or have permission to use it)
• You are responsible for ensuring your content does not infringe upon the intellectual property rights of any third party, including but not limited to copyrights, trademarks, and character/brand licensing rights
• NuiDiary does not monitor, verify, or assume responsibility for the intellectual property compliance of User Content
• If you photograph plushies or figures based on licensed characters, you acknowledge that any intellectual property rights in those characters belong to their respective owners, and you assume all responsibility for how you use and share such images

4.5 Content Removal

We reserve the right to remove any User Content that we believe, in our sole discretion, violates these Terms, applicable law, or the rights of third parties. We may also comply with valid intellectual property takedown requests from rights holders.

4.6 NuiDiary Intellectual Property

The Service, including its design, branding, logos, UI elements, and underlying technology, is the intellectual property of NuiDiary and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

5. Acceptable Use

You agree not to:

• Upload illegal, obscene, or harmful content
• Use the Service to harass, bully, or threaten other users
• Upload content that exploits or endangers minors
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service
• Use automated tools, bots, or scrapers to access the Service
• Circumvent or manipulate usage limits, subscription restrictions, or security measures
• Impersonate other users or entities
• Use the Service for any unlawful purpose
• Interfere with or disrupt the Service's infrastructure
• Share your account credentials with others or allow others to access your account

6. Subscriptions & Payments

6.1 Free and Paid Plans

NuiDiary offers a free tier with basic features and a paid subscription plan ("Bloom") with enhanced features. Feature availability and limits for each plan are displayed within the app and may change over time.

6.2 Payment Processing

All subscriptions are purchased and managed through Apple App Store or Google Play Store. Payment processing is handled entirely by Apple or Google. We do not collect or store your payment information.

6.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You can manage and cancel your subscription through your App Store or Google Play account settings.

6.4 Refunds

Refund requests are handled by Apple App Store or Google Play Store in accordance with their respective refund policies. We do not process refunds directly.

6.5 Pricing Changes

We reserve the right to change subscription pricing at any time. Price changes will not affect your current billing period. We will notify you of price changes before your next renewal where required by applicable law or app store policies.

6.6 Feature Changes

We may add, modify, or remove features included in free or paid plans. If we significantly reduce paid plan features, we will provide reasonable notice. We do not offer lifetime subscription plans.

6.7 Storage Limits

Each plan includes a storage allowance for photos, videos, and images you upload to the Service. Storage usage is calculated based on the size of media after processing (including cropping, resizing, and compression applied by the Service), not the original file size. Current storage limits for each plan are displayed within the app.

When your storage usage reaches the limit of your current plan, you will not be able to upload new photos or videos, or create new cloud diary entries that include uploaded media, until you free up space or upgrade your plan.

6.8 Subscription Expiration & Data Retention

If your paid subscription expires or is not renewed, your account will revert to the free plan. Upon downgrade:

• Existing content is preserved: All diary entries, photos, videos, plushie profiles, and other content you created while subscribed will remain accessible and viewable in the app
• New actions are limited: Going forward, free plan limits will apply to new uploads, friend additions, diary sharing, export templates, and other plan-gated features. You will not be able to add content or connections that exceed free plan limits, but existing friends, shared diaries, and diary entries (including those with more photos than the free plan allows) will not be removed or altered
• Excess storage grace period: If your stored data exceeds the free plan storage limit at the time of downgrade, your data will be retained for a grace period of 90 days from the date your paid access ends (i.e., when your current billing period expires, not the date you cancel). During this period, you may resubscribe to restore full access, or delete content to bring your usage within the free plan limit
• After the grace period: If your storage usage still exceeds the free plan limit after the 90-day grace period, we reserve the right to delete excess data to bring your account within the free plan storage limit. Deletion will begin with the oldest uploaded media first. We will not delete your diary entry metadata (text, dates, tags) — only excess media files

6.9 Downgrade Notifications

Before any excess data is deleted following a subscription downgrade, we will attempt to notify you using one or more of the following methods:

• Push notifications within the app (primary method)
• Email to the address associated with your account
• In-app banners or notices when you open the app
• Other official communication channels we may establish (such as official messaging accounts)

We will make reasonable efforts to notify you at least 30 days before any deletion of excess data. However:

• You are responsible for ensuring that your account email address is current and that you monitor it, including spam or junk mail folders
• You are responsible for keeping push notifications enabled for the app if you wish to receive app-based notices
• A notification is considered delivered when it is sent by our systems, regardless of whether it is actually received, read, or filtered by your email provider or device settings
• If we are unable to reach you through any available method and the grace period has elapsed, we may proceed with deletion of excess data as described above

To avoid any data loss, we recommend resubscribing before the grace period ends or manually reducing your storage usage to within the free plan limit.

7. Legacy AI-Assisted Diary Writing

7.1 Optional AI Writing

AI-assisted diary writing is being retired and is not part of current Bloom subscription benefits. Older app versions may continue to access this optional feature for a limited legacy support period. If you choose to use it while it remains available, selected photos and any text or instructions you provide may be sent to OpenAI to generate draft diary text for your review. Video diary entries are not eligible for AI-assisted diary writing.

7.2 Regular Uploads and Sync

Regular uploads and sync are used to save and sync your diary content. Regular uploads are not sent to OpenAI or another third-party AI service.

7.3 Review and Editing

AI-generated diary text is a draft for your review. You can edit or discard it before saving, and you remain responsible for any content you save or share through the Service. Existing generated diary entries remain available as saved diary content.

7.4 Safety Checks

AI writing requests may include automated safety checks or moderation before or during generation. If a request cannot be processed safely or the AI service is unavailable, we may refuse or temporarily disable the AI writing request.

7.5 Disclaimer

AI-generated draft text may be inaccurate, incomplete, or unsuitable for your intended use. We do not guarantee that AI-assisted diary writing will always be available, error-free, or appropriate for every situation.

8. Service Availability

• We provide the Service on a "best effort" basis and do not guarantee 100% uptime or uninterrupted access
• The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control
• We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable
• We are not liable for any loss or inconvenience caused by Service unavailability

9. Account Termination

9.1 Termination by You

You may delete your account at any time through the app's settings. Upon requesting deletion:

• Your access to the Service is disabled immediately after the deletion request is submitted
• Your account enters a 30-day grace period during which deletion can be cancelled
• During that period, you may restore the account by signing in again with the same Google or Apple account and confirming restoration in the app
• After 30 days, your data is deleted from our active systems, although limited residual copies may remain in backups or provider recovery systems for a short period before deletion or overwrite
• Active subscriptions should be cancelled separately through your App Store or Google Play account to avoid continued billing

9.2 Termination by NuiDiary

We may suspend or terminate your account at our discretion if:

• You violate these Terms
• Your use of the Service poses a risk to other users or our infrastructure
• We are required to do so by law

If your subscription is active when access to the Service ends, billing, cancellation, and refund eligibility remain governed by the applicable app store's policies.

9.3 Inactive Accounts

Accounts that remain inactive (no sign-in activity) for an extended period may be subject to deletion. Accounts with an active paid subscription are not subject to inactivity deletion; if your subscription lapses while your account is inactive, the inactivity period is measured from the end of your most recent paid billing period or your last sign-in, whichever is later. Before deleting an inactive account, we will:

• Attempt to notify you at least 60 days in advance through app push notifications, email, or other available communication channels
• Provide instructions on how to keep your account active (signing in is sufficient)

If you sign in to your account at any time before the scheduled deletion, the inactivity period resets and your account will not be deleted. The specific inactivity period that triggers this process may vary and will be communicated to you in the advance notification.

Notification delivery is subject to the same terms described in Section 6.9 (Downgrade Notifications).

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as-is" and "as-available" without warranties of any kind, express or implied
• We do not warrant that the Service will be error-free, secure, or available at all times
• We do not warrant that legacy AI-assisted diary writing or related safety checks will operate without error
• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• Our total liability for any claim arising from the Service shall not exceed the total amount you have paid us in the 12 months preceding the claim
• We are not liable for any loss of data beyond what is caused by our gross negligence. We recommend keeping local copies of important content
• We are not liable for any intellectual property disputes related to User Content

Nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection laws in your jurisdiction.

11. Indemnification

You agree to indemnify, defend, and hold harmless NuiDiary and its developer from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content, including any intellectual property infringement claims from third parties
• Your violation of these Terms
• Your violation of any applicable law or third-party rights

This indemnification obligation applies to the fullest extent permitted by applicable law and does not override any mandatory consumer protection rights in your jurisdiction.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), without regard to its conflict of law provisions.

This choice of governing law does not deprive you of the protection afforded by mandatory provisions of consumer protection law in your country of residence that cannot be derogated from by agreement.

13. Dispute Resolution

In the event of any dispute arising from these Terms or the Service:

1. Good Faith Negotiation: Both parties shall first attempt to resolve the dispute through good faith negotiation via email
2. Mediation: If negotiation fails within 30 days, either party may propose mediation
3. Jurisdiction: If the dispute cannot be resolved through negotiation or mediation, it shall be submitted to the courts of Taiwan (Republic of China) for resolution

14. Changes to These Terms

We may modify these Terms from time to time. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We may provide notice through the app, this website, or email where practicable or where required by law
• We will describe material changes in a commercially reasonable manner

If you do not agree with the updated Terms, you may stop using the Service and delete your account. Continuing to use the Service after the updated Terms take effect constitutes your acceptance of them.

15. General Provisions

15.1 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NuiDiary regarding the Service and supersede all prior agreements and understandings.

15.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, provided that your rights under these Terms are not diminished.

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, wars, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

16. Contact Information

For questions, concerns, or requests regarding these Terms, please contact us at:

Email: hello@nuidiary.com