Terms of Service

1. Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein, which also incorporates the Privacy Policy and all other operating rules, policies, and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and may be updated by Company from time to time. In addition, some services offered through the Service may be subject to additional terms and conditions; your use of such services is subject to those additional terms.

You represent and warrant that if you are an individual, you are at least 18 years of age and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

2. Modification of Terms

Company reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

For material changes to these Terms, we will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. What constitutes a "material change" will be determined at our sole discretion. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

3. Description of the Service

Where Was I is a personal journaling application that allows users to write, store, and reflect on journal entries. The Service includes:

• Journal creation and storage — a rich text editor for writing and organizing daily journal entries
• Voice dictation — an optional feature to speak entries aloud and have them transcribed to text by a third-party speech-to-text provider (see Section 4 for important details)
• AI-powered analysis — automated analysis of journal entries using artificial intelligence to surface insights, themes, feelings, and reflections (see Section 4 for important details)
• Intelligent search — AI-powered, source-grounded answers based on your journal history
• Semantic search — AI-powered matching across your journal history
• Calendar integration — optional connection to Google Calendar to display events alongside journal entries
• Statistics and streaks — writing metrics, streak tracking, and engagement features
• Weather context — weather data associated with journal entries based on your location preferences

4. AI Features and Your Content

Important: Please read this section carefully.

The Service uses third-party artificial intelligence providers to analyze your journal entries and power features such as insights, intelligent search, and — if you use voice dictation — speech-to-text transcription. The specific providers we use are identified in our Privacy Policy, which we may update from time to time as our providers change.

By using the Service, you acknowledge and agree that:

• Your journal content will be transmitted to and processed by third-party AI providers to deliver the Service's features.
• If you use voice dictation, your audio is transmitted to a third-party speech-to-text provider for transcription and is not retained as audio after transcription; only the resulting text is stored.
• AI-generated analyses (summaries, insights, themes, etc.) are stored alongside your journal entries in your account.
• AI outputs are generated automatically and may not always be accurate or complete. They are intended as reflective aids, not professional advice (medical, psychological, legal, or otherwise).
• We do not use your journal content to train AI models, and our AI providers process your data under API terms that prohibit using inputs for model training.
• AI features are a core part of the Service. Journal entries that meet the minimum word count will be automatically analyzed.

5. Rules and Conduct

As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms. The Service is provided for your personal, non-commercial use.

You shall not (and shall not permit any third party to) take any action or upload, post, submit, or otherwise distribute any content on or through the Service that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity, or violates any law or contractual duty
• Is false, misleading, untruthful, or inaccurate
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
• Constitutes unauthorized or unsolicited advertising, junk, or bulk email
• Contains software viruses or any other code designed to disrupt, damage, or interfere with the proper function of any software, hardware, or telecommunications equipment
• Impersonates any person or entity, including any employee or representative of Company

Additionally, you shall not:

• Take any action that imposes an unreasonable or disproportionately large load on Company's (or its third-party providers') infrastructure
• Interfere or attempt to interfere with the proper working of the Service
• Bypass any measures Company may use to prevent or restrict access to the Service
• Run any form of auto-responder or "spam" on the Service
• Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site
• Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction
• Modify, translate, or otherwise create derivative works of any part of the Service
• Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder

You shall abide by all applicable local, state, national, and international laws and regulations.

6. Registration and Account Security

As a condition to using certain aspects of the Service, you may be required to register with Company and create an account. You shall provide accurate, complete, and updated registration information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your password. You shall never use another user's account without their express permission. You will immediately notify Company of any unauthorized use of your account or other security breach of which you are aware.

7. Subscription, Fees, and Payments

7.1 Free Trial

New users receive a 14-day free trial upon account creation. During the trial period, you will have access to the full Service. No payment information is required to begin a trial.

7.2 Subscription Plans

After the trial period, continued access to the Service requires an active paid subscription. Current pricing and plan details are available on the Site.

7.3 Billing and Renewal

Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected). Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

7.4 Cancellation

You may cancel your subscription at any time. For subscriptions purchased on the web, cancel through your account settings or the Stripe billing portal. For subscriptions purchased through the Apple App Store, billing and cancellation are managed by Apple — see Section 7.7. Upon cancellation:

• You will retain access to the Service through the end of your current billing period.
• Your account and data will remain accessible in a read-only state after your subscription expires, but you will not be able to create new entries or access premium features.

7.5 Refunds

Fees are generally non-refundable. If you believe you are entitled to a refund due to a billing error or other issue, please contact us at hi@wherewasi.org. We will evaluate refund requests on a case-by-case basis at our sole discretion. Purchases made through the Apple App Store are subject to Apple's refund policies and must be requested from Apple (see Section 7.7).

7.6 Price Changes

We may change our subscription prices from time to time. We will provide at least 30 days' notice before any price increase takes effect. The new price will apply at your next renewal date following the notice period.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Service.

7.7 Purchases Through the Apple App Store

If you obtain our iOS application or purchase a subscription through the Apple App Store, the following additional terms apply and, in the event of a conflict with the rest of this Section 7, control with respect to those purchases:

• Billing and management by Apple. Your subscription is sold and billed by Apple through your Apple account. Auto-renewal, cancellation, and payment method are managed in your Apple App Store account settings, not by Company. To avoid renewal, you must cancel at least 24 hours before the end of the current period.
• Refunds. Refunds for App Store purchases are handled solely by Apple under its policies; Company cannot issue refunds for those transactions.
• Agreement is with Company, not Apple. These Terms are concluded between you and Company only, and not with Apple. Company, not Apple, is solely responsible for the application and its content.
• No Apple support obligation. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
• Warranties and claims. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application. Company — not Apple — is responsible for addressing any claims relating to the application or your use of it, including product-liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection or similar legislation, as well as third-party claims that the application infringes that party's intellectual-property rights.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

8. Account Deletion

You may request deletion of your account at any time through the account settings within the Service. Upon requesting deletion:

• Your account will be deactivated immediately, and you will lose access to the Service.
• Your data will be scheduled for permanent deletion. All journal entries, analyses, and personal data will be permanently removed from our production systems.
• Backup copies may persist in encrypted backups for up to 30 days following deletion from production systems.
• Certain records may be retained as required by law (e.g., payment transaction records for tax purposes).

Account deletion is irreversible. Please ensure you have exported any data you wish to keep before initiating deletion.

9. Your Content and Intellectual Property

9.1 Ownership

You retain all ownership rights to the journal content you create using the Service. Company does not claim ownership of your journal entries, analyses derived from them, or any other content you create.

9.2 License to Operate the Service

By submitting content to the Service, you grant Company a limited, worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, display, and transmit your content solely for the purpose of operating, maintaining, and providing the Service to you. This includes transmitting your content to AI providers for analysis as described in Section 4.

This license exists only to enable us to deliver the Service and will terminate when you delete your content or your account, subject to reasonable backup retention periods.

9.3 No Broader License

For clarity, we do not claim any license to:

• Sell, redistribute, or publicly display your journal content
• Use your content for marketing or promotional purposes
• Share your content with other users (your journals are private to your account)
• Use your content for AI model training

9.4 Company Content

You agree that the Service contains Content provided by Company or its partners (including the Site's design, interface, text, graphics, and software) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Company grants each user of the Service a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Service and its Content solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company.

10. Copyright and Intellectual Property Notifications

Where Was I respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. We will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notification containing at least the following information (per Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3)):

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Site, sufficient for us to locate it
• Your address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement that the above information is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

If you believe that your work has been removed or disabled by mistake or misidentification, please provide our Copyright Agent with a written counter-notification containing at least the following (per Section 512(g)(3)):

• A physical or electronic signature
• Identification of the material removed and its prior location
• A statement under penalty of perjury that the material was removed by mistake or misidentification
• Your name, address, telephone number, and consent to jurisdiction of the Federal District Court for the judicial district in which the address is located (or any judicial district in which the service provider may be found, if outside the United States), and a statement that you will accept service of process from the person who provided the original notification

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed by mistake may be subject to liability.

Copyright Agent email: hi@wherewasi.org

11. Third-Party Sites and Services

The Service may contain links to third-party websites or resources. These sites are not under Company's control, and you acknowledge that Company is not responsible or liable for their content, functions, accuracy, legality, appropriateness, or any other aspect. The inclusion of any link does not imply endorsement by Company.

You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or resource.

12. Termination

Company may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to, violation of these Terms of Use, fraudulent activity, or extended inactivity.

If you wish to terminate your account, you may do so through the account settings within the Service (see Section 8 for details on data deletion).

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) AI-GENERATED ANALYSES, INSIGHTS, OR RESPONSES WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

AI FEATURES ARE PROVIDED FOR PERSONAL REFLECTION AND INFORMATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE MEDICAL, PSYCHOLOGICAL, LEGAL, OR PROFESSIONAL ADVICE. IF YOU NEED PROFESSIONAL HELP, PLEASE CONSULT A QUALIFIED PROFESSIONAL.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (A) THE FEES PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

15. Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates, and each of their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, or Content, your violation of these Terms, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

16. Dispute Resolution

16.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for the International Sale of Goods.

16.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at hi@wherewasi.org and attempt to resolve the dispute informally for at least 30 days.

16.3 Jurisdiction and Venue

You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Service, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

16.4 Waiver of Jury Trial

You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding arising out of or relating to these Terms.

16.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this dispute resolution section shall be deemed void.

17. Electronic Communications

By using the Service, you consent to receive all communications from Where Was I electronically, including notices, agreements, legally required disclosures, and other information ("Communications"). Where Was I may provide such Communications by email or by posting them on the Site. If you wish to withdraw your consent to receive Communications electronically, you must discontinue your use of the Service.

18. International Use

The Service is controlled and operated from the United States. Accessing the Service from territories where its content is illegal is prohibited. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

19. Integration and Severability

These Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Company with respect to the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

20. Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including without limitation mechanical, electronic, or communications failure or degradation.

These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Company's prior written consent. Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority to bind the other in any respect.

In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.

21. Contact Us

If you have any questions about these Terms of Use, please contact us:

Email: hi@wherewasi.org