Effective date: October 5, 2024
By accessing or using the Awake: AI Prompted Journal service or any Awake: AI Prompted Journal applications, including mobile applications (together, the “Service” or “Services”), provided by Konstantin Novosad, an individual entrepreneur (referred to as the “Company”, “we”, “us”, or “our”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you must not access or use the Service.
At times, we may offer special features that come with their own terms and conditions, in addition to these Terms. In the event of a conflict, the specific terms for such features will take precedence.
Disputes between you and Awake: AI Prompted Journal will be resolved through binding, individual arbitration. You waive your right to participate in any class action lawsuit or class-wide arbitration. Exceptions to Binding Arbitration:
We may update these Terms from time to time. If any changes materially affect your rights, we will notify you via email, through the app, or by presenting you with a new version of the Terms for your acceptance. Your continued use of the Service after the effective date of the updated Terms will signify your agreement to the changes.
Awake: AI Prompted Journal is not a substitute for professional psychological or therapeutic services. It is not a medical or psychological tool, nor does it provide medical, mental health, or therapeutic advice. Rather, Awake: AI Prompted Journal offers tools for personal reflection, mindfulness practices, and self-awareness exercises. Any content or questions provided within the app are for general self-exploration purposes only and are not created or reviewed by medical or psychological professionals. Additionally, some of the content provided in the app is generated by ChatGPT, an AI model, and should be used solely for informational and reflective purposes.
In addition to all other limitations and disclaimers in these Terms, Awake: AI Prompted Journal disclaims any liability for emotional or psychological outcomes resulting from your use of the app. You are encouraged to consult with mental health professionals regarding any concerns or questions you may have about your emotional well-being.
Awake: AI Prompted Journal is not designed for or intended to be used by individuals under the age of 18. We do not knowingly collect or request personal information from anyone under 18, nor do we knowingly permit such individuals to access or use the app.
If you are a parent or guardian and believe that your child under 18 has provided us with information, please contact us at [email protected].
To use Awake: AI Prompted Journal, you must be at least 18 years old if you are located in the EEA or the UK. We strictly prohibit the use of the app by individuals under 16 in these regions. If you become aware of someone under the age of 18 using the app, please contact us at [email protected], and we will promptly take action to delete any data provided by that individual.
Any content you submit through Awake: AI Prompted Journal is governed by our Privacy Policy.
By using the Services, you agree to comply with these Terms and all applicable laws. You must not use Awake: AI Prompted Journal for any purpose prohibited by these Terms, and you are responsible for your actions while using the app. Specifically, you agree that you will NOT:
Any violation of these restrictions will immediately terminate your right to use the Services.
As Awake: AI Prompted Journal serves as a platform for communication, we cannot guarantee that all content transmitted through the app will be free from unsolicited communication. You may occasionally receive unsolicited content, although we make efforts to minimize it. By using our Services, you agree that receiving such content is a possibility.
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use Awake: AI Prompted Journal for personal, non-commercial purposes in accordance with these Terms of Use.
You are prohibited from copying, storing, modifying, distributing, transmitting, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any text, graphics, logos, designs, icons, images, software, code, or other materials from Awake: AI Prompted Journal without prior written permission from the Company. We reserve the right to withhold such permission at our sole discretion.
Additionally, you agree not to download, display, or use any content from Awake: AI Prompted Journal, provided by the Company or its licensors, for publication, public performances, or any commercial purpose outside of Awake: AI Prompted Journal. This includes use on other websites or in connection with products or services that are not those of the Company, or in any way that could cause confusion among users, discredit or disparage the Company, dilute the strength of the Company’s intellectual property, or infringe on the rights of the Company or its licensors. Misuse of any content on Awake: AI Prompted Journal, whether by the Company or third-party content, is strictly prohibited.
All rights, title, and interest in Awake: AI Prompted Journal that are not explicitly granted in these Terms remain with the Company. If you wish to use the Company’s software, trademarks, service marks, logos, domain names, or other brand identifiers, you must obtain express written permission. Please send permission requests to [email protected].
For clarity, the Company retains ownership of all text, images, photos, audio, video, location data, software, code, and any other data or communication it creates and makes available on Awake: AI Prompted Journal. This includes visual interfaces, interactive features, graphics, design, and any compiled data such as user review ratings (collectively referred to as “Company’s Content”). Except as clearly stated in these Terms, no rights are granted to you, and all rights to Awake: AI Prompted Journal and the Company’s Content are fully reserved by the Company.
The software supporting Awake: AI Prompted Journal may be subject to U.S. export control laws and regulations, including the EAR (Export Administration Regulations) managed by the U.S. Department of Commerce, trade and economic sanctions enforced by the Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations (ITAR) overseen by the U.S. Department of State. By using the app, you represent and warrant that (1) you are not located in a country or region subject to a U.S. government embargo, and (2) you are not listed as a denied or restricted party under these regulations.
You agree to comply with all U.S. and international export laws and regulations to ensure that neither Awake: AI Prompted Journal, its related technical data, nor any products derived from or based on such technology are exported or re-exported in violation of any applicable laws, or used for purposes prohibited by such regulations.
If you believe that materials on Awake: AI Prompted Journal infringe your copyright, you can request their removal by contacting us with the following information:
The Company maintains a policy to terminate, where appropriate, the accounts of repeat infringers.
Awake: AI Prompted Journal does not provide medical, psychological, or therapeutic advice, nor is it a tool designed by medical or psychological professionals. The questions we ask and the content we provide within the app are not created or reviewed by specialists in these fields. Our app is intended solely as a tool for personal reflection and journaling.
We make no guarantees about the effectiveness of the app, and you use it at your own risk. While we aim to offer content that encourages self-reflection, the app cannot and does not guarantee any psychological, emotional, or mental health outcomes. Any information, prompts, or suggestions offered through the app are not substitutes for professional advice, and we make no representations regarding the accuracy or effectiveness of the content. You understand and agree that the app is not intended to diagnose, treat, or prevent any health conditions.
Subscription: Awake: AI Prompted Journal offers a subscription plan that grants access to additional personalized content, such as questions, affirmations, summaries, and other features that may be added in the future.
Billing: You can purchase a subscription either directly through Awake: AI Prompted Journal or via a third party. Payment for the subscription is made upfront, covering an annual, 3-month, or other recurring period specified at the time of purchase, plus any applicable taxes. Some subscriptions offer a trial period (“Trial”), during which you can use the app at a reduced rate. Once the Trial ends, the subscription automatically renews at the regular price unless canceled before the Trial expires.
If your subscription is through a third party, additional terms may apply. Please contact the third party for refunds or subscription management.
Price and Tax Changes: The Company may adjust subscription fees from time to time and will notify you of any changes in advance. New prices will apply from the next billing cycle after the change takes effect. By continuing to use the subscription after the price change, you accept the new pricing. If you don’t agree to the changes, you can unsubscribe before the new rates are applied.
Tax rates and fees are calculated based on your location at the time of billing and may change due to local regulations. Any changes in tax rates will automatically apply to future charges.
Renewal and Cancellation: Your subscription will automatically renew at the end of the current period unless you cancel before the renewal date. To avoid being charged for the next period, you must cancel your subscription or Trial before it renews. If purchased directly through Awake: AI Prompted Journal, you can cancel by emailing us at [email protected]. If purchased through a third party, follow the provider’s cancellation process. For assistance, contact our Support team.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers (collectively, “Awake: AI Prompted Journal Parties”) from any claims, actions, demands, liabilities, or settlements, including reasonable legal and accounting fees, arising from or related to your violation of these Terms of Use.
Under no circumstances will the Awake: AI Prompted Journal Parties be liable for any losses or damages of any kind (including, but not limited to, direct, indirect, economic, exemplary, special, punitive, incidental, or consequential damages) arising from or related to:
This includes damages for lost profits, goodwill, data, work stoppage, or computer failures, even if foreseeable or if the Awake: AI Prompted Journal Parties have been advised of the possibility of such damages. The same applies whether these damages arise from contract, negligence, strict liability, or tort, including damages caused by acts of God, telecommunications failure, or theft.
In no case will the Awake: AI Prompted Journal Parties be liable for any injury, including death or personal injury, or for any loss or damage. Some states do not allow the exclusion of incidental or consequential damages, so this limitation may not apply to you. However, the total liability of the Awake: AI Prompted Journal Parties will not exceed one hundred U.S. dollars ($100.00) for all claims.
You also agree that any damages or losses caused by Awake: AI Prompted Journal are not severe enough to justify an injunction to prevent the use or development of any property, content, or service owned or controlled by the Awake: AI Prompted Journal Parties. You will not have the right to prevent the production, distribution, or exploitation of any such property or content.
By accessing the Service, you acknowledge that you may be waiving rights related to claims that are currently unknown or unsuspected. In doing so, you expressly waive the protections of section 1542 of the California Civil Code and any similar law in other states or territories, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor.”
Awake: AI Prompted Journal is not responsible for the actions, content, information, or data provided by third parties. By using the Service, you release us, our directors, officers, employees, and agents from any claims or damages, whether known or unknown, that arise out of or are in any way connected to your claims against such third parties.
We do not control, endorse, or take responsibility for any third-party content linked to Awake: AI Prompted Journal. You acknowledge that you are solely responsible for, and assume all risks associated with, your use of any third-party websites or resources. ANY INTERACTIONS OR BUSINESS DEALINGS YOU HAVE WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY.
Your use of Awake: AI Prompted Journal is at your own risk. The app is provided on an “as is” and “as available” basis, without any warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, we do not guarantee that Awake: AI Prompted Journal will be accurate, complete, reliable, up-to-date, error-free, or free of viruses or harmful components. You assume full responsibility for the quality and performance of Awake: AI Prompted Journal in your use.
You are solely responsible for your interactions with other users, both online and offline. Awake: AI Prompted Journal is not responsible or liable for the behavior of any user. While we reserve the right to monitor or get involved in disputes between you and other users, we are under no obligation to do so. Please use good judgment and caution when interacting with others, especially when sharing or posting content or personal information.
If you choose to use third-party applications that connect to the Service (each, a “Third-Party Application”), you do so at your own risk. These Third-Party Applications may interact with, connect to, or pull information from your profile on the Service. By using them, you agree to the following:
FOR UNITED STATES RESIDENTS ONLY: Please read this section carefully, as it requires arbitration for certain disputes and limits how you can seek relief from the Company.
Except for small claims cases brought individually in the small claims court of your billing address or disputes related to the unlawful use of intellectual property where injunctive relief is sought, both you and the Company waive the right to a jury trial or to have disputes resolved in court. Instead, all disputes arising from or related to these Terms or the Company will be resolved through confidential binding arbitration in Santa Clara County, California, under the Streamlined Arbitration Rules and Procedures (“Rules”) of Judicial Arbitration and Mediation Services (“JAMS”). You agree that you have either read and understood JAMS’ rules or waive any claim that the rules are unfair or should not apply.
You and the Company also agree that any dispute is personal to both parties and will be resolved solely through individual arbitration, not as part of any class action or other representative proceeding.
These Terms fall under the Federal Arbitration Act (FAA), which will govern the enforceability of this section to the maximum extent allowed by law. The arbitrator will have exclusive authority over all disputes and remedies, but cannot conduct class arbitrations or consolidate individual claims. For any arbitration you initiate, you will cover the filing fee, and the Company will pay all other JAMS fees. If the Company initiates arbitration, it will cover all fees and costs. The state and federal courts in Santa Clara County, California, have exclusive jurisdiction over appeals and enforcement of arbitration awards.
Any claim arising from these Terms or the Company must be filed within one year of the event that gave rise to it; otherwise, the claim is permanently barred.
You may opt out of binding arbitration within 30 days of accepting this section by sending written notice to [email protected] with the subject “Arbitration Opt-out.” Your opt-out notice must include your full name and a clear statement of your intention to opt out. By opting out, disputes will be resolved according to Section 16 (Governing Law).
These Terms of Use, along with any claims or disputes arising from them, will be governed by the laws of the Republic of Cyprus, without regard to its conflict of law provisions. The courts of the Republic of Cyprus will have exclusive jurisdiction over any disputes related to these Terms (including non-contractual disputes), unless arbitration under Section 15 is applicable. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms to the extent permitted by law.
If any part of these Terms is found to be unlawful, void, or unenforceable by arbitration or a court of competent jurisdiction, that part will be severed, and the remaining provisions will continue to be valid and enforceable. Awake: AI Prompted Journal’s failure to enforce any provision of these Terms will not be considered a waiver of its right to enforce that provision in the future. No waiver of any provision will be deemed a waiver of any other provision. This dispute resolution provision will remain in effect even after the termination of any transactions between you and Awake: AI Prompted Journal.
These Terms of Use represent the entire agreement between you and the Company regarding your use of Awake: AI Prompted Journal, replacing any prior oral or written agreements related to the app.
The official language of these Terms is English. You waive any law requiring that these Terms be localized into your language or mandating non-electronic records.
Failure by the Company to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
Except as outlined in these Terms, the exercise of any remedy by either party will not affect its other available remedies.
If any provision is deemed invalid or unenforceable (by an arbitrator or court), that provision will be enforced to the extent possible, and the remainder of the Terms will remain in effect. Section titles are for convenience only and have no legal significance.
These Terms are intended solely for your benefit and the Company’s, and they do not confer any rights on third parties.
You may not assign or transfer your rights under these Terms without our prior written consent, and any attempt to do so will be invalid. The Company may freely assign or transfer its rights and obligations under these Terms. These Terms will bind and benefit both parties and their respective successors and permitted assigns.
If you have any questions or concerns about these Terms of Use, please contact us:
By email: [email protected]
Postal Address:
Konstantin Novosad
Georgia, Ambrolauri region, Khanchkara village, block N001, plot N047 Namosakhlevi