Qwandery Terms of Service

Introduction and Acceptance

Welcome to Qwandery. These Terms of Service ("Terms") govern your use of the Qwandery mobile application (the "App") and any related services. By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, do not use the App.

These Terms form a legal agreement between you and Qwandery Inc. ("Qwandery", "we", "us", or "our"), a company incorporated in the State of Delaware, USA and operating from Utah, USA. You also agree to any additional policies referenced herein (such as our Privacy Policy, if available). If you are using the App on behalf of an organization, you represent that you are authorized to accept these Terms on that organization's behalf.

Beta Version Notice

Beta Product Disclaimer: The Qwandery App is currently released as a beta version, which means it is an early-stage product still undergoing testing and development. As such, you acknowledge and agree to the following:

• Subject to Change: The App (including its features, design, and functionality) is provided as a beta offering and is subject to change without notice. We may add, modify, or remove features or content at any time during the beta period. Any feedback you provide is appreciated, but we are not obligated to maintain any particular feature or to provide continued support.
• Bugs and Downtime: The beta App may contain bugs, errors, or other issues. You may experience crashes, data loss, or downtime. Qwandery does not guarantee the stability, accuracy, or availability of the App in this phase. There may be periods of interruption or outage while we update or improve the service.
• No Liability for Issues: Because of the beta status, you assume all risk in using the App. Qwandery Inc. is not liable for any loss or damage arising from incomplete functionality, errors, or downtime in the beta App. We provide the beta App on an "as is" basis without warranties (see Disclaimer of Warranties below), and you understand it may not be fully reliable or error-free.

We thank you for trying Qwandery in its beta form and helping us improve the product. However, please use caution and do not rely on the App as you would a final, production-ready service.

No Medical or Mental Health Advice

Not a Healthcare Service: Qwandery is a self-guided mental wellness and mood-tracking app intended for general well-being purposes. It is not a medical or psychiatric service. The App (including any mood check-ins, journal prompts, tips, or goal tracking features) is not intended to diagnose, treat, cure, or prevent any mental health or medical condition. Qwandery Inc. is not a licensed healthcare provider, and the App is not a substitute for professional medical advice, therapy, or emergency services.

No Professional Advice: All content, data, suggestions, or insights presented in the App are for informational and personal reflection purposes only. Nothing available through Qwandery should be considered medical, psychological, or therapeutic advice. Always consult a qualified physician, psychologist, therapist, or other licensed healthcare provider for any questions or concerns about your mental health or medical condition. You should never disregard professional advice or delay seeking it because of any content or functionality of this App.

Do Not Use for Crises: Do not rely on the App in the event of an emergency or crisis. The App does not provide emergency support or crisis intervention. If you are experiencing a mental health crisis, feeling suicidal, or considering harming yourself or others, stop using this App and seek immediate help. Contact a crisis hotline or emergency services in your region (for example, in the United States call or text 988 for the Suicide & Crisis Lifeline, or dial 911 for emergency assistance). Qwandery cannot and does not provide emergency response.

User Responsibility: You agree that your use of any mood tracking, journaling, or advice-like features in the App is at your own risk. Qwandery makes no guarantee that using the App will improve your mental well-being or have any therapeutic benefit. Any decisions you make regarding your health or well-being should be made in consultation with a professional. If you choose to rely on any information or reminders provided by the App, you do so entirely at your own risk. Qwandery Inc. disclaims all liability for any outcomes related to your mental or physical health resulting from use of the App.

Eligibility and Age Requirements

Age Restriction: The App is intended for users age 13 and older. By accessing or using Qwandery, you represent and warrant that you are at least thirteen (13) years old. Children under 13 are strictly prohibited from using Qwandery. Qwandery does not knowingly collect personal information from anyone under 13 years of age, and if we become aware that a child under 13 has created an account or provided personal data, we will take steps to terminate the account and delete such information.

Users 13–17: If you are between 13 and the age of majority in your jurisdiction (typically 18 years old), you may only use this App under the supervision and with the consent of a parent or legal guardian. By using the App, you affirm that you (and your parent/guardian if you are a minor) have reviewed and agreed to these Terms. Parents and guardians of minor users are responsible for the minor's use of the App and should supervise their use at all times.

Non-Eligibility: You may not use the App if (a) you are under 13, (b) you are a person barred from using such services under applicable law, or (c) you have been previously banned or removed from our platform. It is your responsibility to ensure that your use of Qwandery complies with all laws and regulations applicable to you.

Account Registration and Security

Account Setup: To use certain features of Qwandery, you may need to create a user account. You agree to provide truthful, current, and complete information during sign-up (for example, your name, email, and any other required details), and to update such information promptly if it changes. You must not impersonate anyone else or provide an email or other contact information that you do not own or have permission to use.

Authentication: Account login and authentication are handled through secure OAuth methods (including options like Sign in with Google or Apple, or email/password). This is to protect your credentials and identity. You are responsible for complying with any authentication steps and providing any verification information (such as multi-factor codes) as required.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. Keep your password (if applicable) and any authentication secrets secure. Do not share your login information with anyone. If you suspect that anyone has gained unauthorized access to your account or account credentials (for example, through theft, loss, or hacking), you must notify Qwandery immediately at our contact address below. You should also promptly change your password or take other steps to secure your account.

Account Use: You are responsible for all activities that occur under your account. Qwandery will assume that any actions taken through your account are authorized by you. We encourage you to use a strong password and logout after each session if you are on a shared device. Qwandery Inc. will not be liable for any loss or damage arising from your failure to adequately safeguard your account.

One Account; No Transfer: Each user should create only one account, and you may not transfer or sell your account to any other person. Qwandery reserves the right to suspend or terminate duplicate or inactive accounts (see Termination section below).

License Grant and Intellectual Property

Our Intellectual Property: Except for the content that you provide (see User Content and Ownership below), all content and materials in the App – including but not limited to software code, design elements, logos, graphics, text, interfaces, and layouts – are the intellectual property of Qwandery Inc. or its licensors. These materials are protected by copyright, trademark, and other applicable intellectual property laws. "Qwandery", the Qwandery logo, and any related product or service names are trademarks of Qwandery Inc. All rights not expressly granted to you in these Terms are reserved by Qwandery.

Limited License to You: Qwandery Inc. grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on your personal mobile device(s) for your own personal, non-commercial use, strictly in accordance with these Terms. This license is provided solely to allow you to use and enjoy the App's benefits as intended by Qwandery, and no other rights or licenses are granted implicitly or otherwise.

Restrictions: You agree that you will NOT, nor will you allow anyone else to, do any of the following with the App or any content within it:

• Copy, reproduce, distribute, or create derivative works based on the App or its content (except as expressly permitted by us).
• Sell, resell, lease, or commercially exploit the App or access to the App.
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying ideas/algorithms of any part of the App (except to the limited extent allowed by applicable law).
• Remove or alter any copyright, trademark, or other proprietary rights notices displayed in the App or in any content.

Violation of these intellectual property provisions may result in immediate termination of your rights to use the App and may also constitute a violation of law. Qwandery Inc. and its licensors retain all ownership and intellectual property rights in and to the App and any content provided by us.

User Content and Data Ownership

Your Content: Qwandery allows you to input, upload, or store content as part of using the App – for example, journal entries you write, mood check-in logs, personal goals, tags, or any notes you enter ("User Content"). You retain ownership of all intellectual property rights in the User Content that you create and submit within the App. Qwandery does not claim ownership over your personal journal entries, mood data, or other contributions. These remain yours.

License to Qwandery: In order to provide the service (for example, to store your entries and display them back to you across your devices, or to back up your data), we need certain rights to your User Content. You grant Qwandery Inc. a worldwide, non-exclusive, royalty-free license (with the right to sublicense to our trusted service providers as needed to operate the App, such as our cloud hosting provider) to use, host, store, reproduce, modify, adapt, and display your User Content solely for the purpose of operating and improving the App and our services. This license is only for those limited purposes – for instance, we will never sell your private journal content or use it in public-facing materials without your explicit permission. This license continues for as long as you use the App and have not deleted the content or your account. If you delete User Content from the App, we will stop displaying or providing you access to it, and the license will terminate (except for limited backup or archival copies that may persist for a reasonable time or as required by law).

Privacy and Use of Content: We understand your journal entries and mood data are sensitive. Except as described in these Terms or in our Privacy Policy, we will not share your personal User Content with third parties without your consent. Qwandery may internally analyze usage of the App or aggregate data (stripped of personal identifiers) from many users to improve the service, but such analysis will not personally identify you. For example, we might look at overall mood trends of all users to refine our features, but not at your individual entries in a way that identifies you to others.

Your Responsibilities for Content: You are solely responsible for any User Content that you create, input, or share on Qwandery. This includes ensuring compliance with laws, having proper rights to submit content, and avoiding confidential or extremely sensitive data while understanding that Qwandery is designed to keep your data secure but is not meant for storing highly regulated information.

Data Storage and Security

Cloud Storage (Supabase on DigitalOcean): Your data (including journal entries, mood check-ins, goals, and other personal inputs) is stored securely in our cloud database. We utilize Supabase, a managed backend service, to store and manage application data. Our Supabase instance is hosted on DigitalOcean servers in a secure data center. This means your data is stored on reputable cloud infrastructure with strong security measures in place.

Secure Transmission (HTTPS): We protect your data in transit. All communication between the App and our servers is encrypted using HTTPS (TLS encryption). This helps ensure that data exchanged with Qwandery cannot be easily intercepted or read by unauthorized parties while it's being transmitted over the internet.

Authentication and Access: Access to your account and data is protected by our secure authentication system using OAuth 2.0 protocols. This ensures that only you (or someone with your valid login credentials) can access your private data stored on our servers.

Data Encryption and Protection: Our database and storage solutions employ industry-standard security practices, and we restrict access to personal data on a need-to-know basis for our team. We strive to use encryption at rest for sensitive stored data where feasible. Regular backups may be performed to prevent data loss, and those backups are also stored securely.

No Absolute Security: Despite our efforts to protect your information, no method of transmission or storage is 100% secure. Qwandery cannot guarantee absolute security of your data. You acknowledge that there is always some risk in transmitting information over the internet or storing data on cloud servers. However, we take security very seriously and will promptly address any security issues that come to our attention.

Profile Avatars and Privacy

Public URL Warning: Avatar images you upload may be stored in a manner that is accessible via a unique but public URL. While this URL contains random characters and is not indexed publicly by Qwandery, anyone who possesses the exact URL could potentially view your avatar image.

Privacy Considerations: Because avatar URLs are publicly accessible (albeit hard to guess), please use discretion in choosing your avatar image. Avoid using any image that you consider highly sensitive or private as your avatar. We recommend using a casual photo or graphic that you are comfortable potentially being seen by others.

Avatar Content Restrictions: Your avatar image must not violate any laws or others' rights. Do not upload images that are illegal, pornographic, hateful, or infringing. We reserve the right to remove or replace any avatar that, in our sole discretion, violates these Terms or is otherwise inappropriate.

Acceptable Use Policy

By using Qwandery, you agree to use the App in a lawful and respectful manner. You must not misuse the App or its services. You agree that you will NOT:

• Violations of Law: Use the App for any purpose that is illegal or unlawful.
• Infringe Rights: Upload, post, or transmit any content that infringes or violates the intellectual property rights, privacy rights, publicity rights, or any other rights of any person or entity.
• Malicious Activities: Introduce malicious software or code into the App or Qwandery's systems.
• Security Breach Attempts: Attempt to circumvent, disable, or interfere with any security or authentication measures.
• Unauthorized Access & Scraping: Access or search the App by any means other than our supported interfaces.
• Service Disruption: Interfere with or disrupt the operation of the App or other users' use of the App.
• Harassment or Harm: Use the App to harass, bully, or harm another person.
• Spam and Commercial Use: Use the App to send unauthorized advertisements, spam, or solicitations.

Termination of Use

By Qwandery: We reserve the right to suspend or terminate your access at our discretion if circumstances warrant. Qwandery Inc. may disable, suspend, or terminate your account or your access to all or part of the App at any time, with or without cause, and with or without notice.

By You: You have the right to stop using the App at any time. You may also delete your account if you no longer wish to use Qwandery. Instructions for deleting your account might be provided in the App's settings or you can contact us for assistance.

Effect of Termination: Upon any termination of your use of the App, your right to access and use Qwandery will immediately cease. We will deactivate or delete your account and all associated data in accordance with our data deletion policies and applicable law.

Disclaimer of Warranties

App Provided "As Is": Qwandery Inc. disclaims any and all warranties to the fullest extent permitted by law. The App and all services and content provided through it are offered on an "AS IS" and "AS AVAILABLE" basis, without any warranties or guarantees of any kind, whether express, implied, or statutory.

We do not warrant that the App will meet your requirements or expectations, or that it will achieve any intended results. We make no guarantee that the App will be continuous, error-free, secure, or uninterrupted, or that any defects will be corrected in a timely manner.

User's Risk: You expressly acknowledge and agree that your use of the App is at your sole risk. You assume full responsibility for any risk of loss or damage that arises from or relates to your use of the App.

Limitation of Liability

Limited Liability: To the fullest extent permitted by applicable law, Qwandery Inc. and its officers, directors, employees, agents, partners, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, loss of goodwill, loss of data, or other intangible losses, arising out of or related to your use of (or inability to use) the App.

Cap on Liability: In no event shall the aggregate liability of Qwandery Inc. for all claims arising out of or relating to the App or these Terms exceed the greater of: (a) the total amount (if any) you have paid Qwandery for the service in the last six (6) months, or (b) USD $100.00.

Indemnification by User: You agree to indemnify, defend, and hold harmless Qwandery Inc. and its affiliates from and against any and all claims, demands, lawsuits, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) that arise out of or relate to your breach of these Terms, your use or misuse of the App, or your violation of any law or regulation or of the rights of any third party.

Governing Law and Jurisdiction

Governing Law: These Terms and any dispute arising out of or relating to the App or these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any conflict of law principles that would result in the application of the laws of a different jurisdiction.

Jurisdiction and Venue: You agree that any legal action or proceeding arising under or relating to these Terms or the App shall be brought exclusively in the federal or state courts located within the State of Delaware, USA. You consent to the personal jurisdiction and venue of such courts.

International Use: We make no representation that the App is appropriate or available for use in all locations. If you access the App from jurisdictions outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to These Terms

Right to Modify: Qwandery Inc. reserves the right to change or update these Terms of Service at any time. As our service evolves (especially since we are in beta), we may need to update our Terms to reflect new features, legal requirements, or changes in our business practices.

Notification of Changes: If we make material changes to these Terms, we will make reasonable efforts to notify you. This may include posting a prominent notice within the App, updating the Terms on our website, and/or contacting you at the email address associated with your account.

Acceptance of Changes: By continuing to use the App after new Terms become effective, you agree to be bound by the revised Terms. If you do not agree with any modifications to the Terms, you must stop using Qwandery and, if applicable, delete your account.

Contact Information

Qwandery Inc. is responsible for the Qwandery App and services. If you have any questions, concerns, or feedback about these Terms or the App, or if you need to contact us for any reason, you can reach us at:

We will do our best to respond to your inquiries in a timely manner. Communication via email is usually preferred for speed, but for any legal notices, we recommend sending a written letter to our mailing address with a copy via email for faster handling.