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 photo-based diary entries for your plushies
• Optionally generate diary text using AI-powered features
• Organize diary entries by plushie character and timeline
• Export diary entries as formatted images for sharing
• Share selected diary entries with friends within the app
• Subscribe to premium features through our paid plan

We may add, modify, or remove features of the Service at our discretion, with or without notice, as the Service evolves.

3. Account Registration

• You must sign in using a valid Google or Apple account to use the Service
• You may only create and maintain one account per person
• 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 your photos through AI services when you request diary text generation
• Displaying your content to you within the app
• Making shared diary entries 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 AI-Generated Text

Diary text generated by our AI feature based on your photos and inputs is considered your content. You own the rights to AI-generated text produced through your use of the Service, and you may use, edit, or share it freely.

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.

7. AI-Generated Content

7.1 Nature of AI Content

NuiDiary offers an optional feature that generates diary text based on your photos and contextual inputs. This AI-generated text is a creative writing feature designed to complement your diary entries. The generated text is:

• Provided "as-is" without any guarantees of accuracy, appropriateness, or quality
• A creative interpretation, not a factual representation of events
• Written from a plushie's perspective as a creative storytelling feature

7.2 Your Control

You can always:

• Choose not to use the AI feature and write your own text or create photo-only entries
• Edit or completely replace any AI-generated text before saving
• Regenerate text if you are not satisfied with the result
• Delete any diary entry containing AI-generated text

7.3 Disclaimer

We are not responsible for the specific content of AI-generated text. If AI-generated text is inappropriate or offensive, please delete it and contact us to help improve the service.

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, all your data is permanently and irreversibly deleted
• 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
• Your account has been inactive for an extended period (we will notify you before any such action)

If we terminate your account while you have an active paid subscription, we will make reasonable efforts to facilitate a pro-rata refund for the unused portion of your current billing period through the applicable app store, unless the termination is due to a material violation of these Terms.

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 the quality, accuracy, or appropriateness of AI-generated content
• 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 will notify you through the app or via email at least 30 days before the changes take effect
• We will clearly describe what has changed and how it affects you

If you do not agree with the updated Terms, you may stop using the Service and delete your account before the changes take effect. Continuing to use the Service after the 30-day notice period constitutes your acceptance of the updated Terms.

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