Terms of Service
Effective date: October 20, 2025 | Last updated: October 20, 2025
These Terms of Service ("Terms") are a binding agreement between Sunpia Inc., 1 Miramar St, La Jolla, Apt 3321, San Diego, CA 92037 ("Company," "we," "us," or "our") and the individual or entity that accesses or uses the Service ("you" or "User").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1) Definitions
- Service means Journaley, a Discord bot that provides journaling, reminders, to-do management, AI-powered insights, and related functionality, as well as any related websites, dashboards, APIs, documentation, or support channels we operate.
- Discord means the online platform operated by Discord Inc. through which the Service is accessed.
- Affiliate means any entity that controls, is controlled by, or is under common control with a party.
- Device means any device capable of accessing the Service.
- User Content means any content you submit, store, or transmit via the Service (e.g., journal entries, messages, notes, reminders, to-dos, settings).
2) Eligibility & Acceptance
You must be 18 years or older to use the Service. By using the Service, you represent that you are legally capable of entering into these Terms and, if you use the Service on behalf of an organization, you have authority to bind that organization.
Click-through consent. We may require an explicit acknowledgement (e.g., an "Accept" command, button, or similar mechanism). Continued use after updates become effective also constitutes acceptance (see §18).
3) Relationship with Discord; Platform Rules
We are an independent third party and are not affiliated with, endorsed, or sponsored by Discord Inc. Your use of the Service is subject to Discord's Terms of Service, Community Guidelines, and Developer/Platform policies. Discord may change its platform, restrict access, or remove the bot at any time. We do not control Discord and are not responsible for its acts or omissions.
4) Third-Party Services & Processors
Certain features rely on third-party providers (e.g., hosting, analytics, AI model providers such as the OpenAI API). Your use of those features may be subject to additional third-party terms and privacy policies. We may change providers at our discretion.
5) Accounts & Authentication
Use of the Service requires a valid Discord account. You are responsible for maintaining the security of your Discord credentials and any actions taken via your account.
6) Acceptable Use
You agree not to, and will not allow others to:
- Violate any applicable law or regulation.
- Harass, threaten, or harm others; or submit content that is illegal, defamatory, obscene, or infringing.
- Spam, flood, or abuse the Service; attempt to bypass rate limits or usage caps.
- Access, tamper with, or use non-public areas of the Service; probe, scan, or test for vulnerabilities.
- Reverse engineer, decompile, or otherwise attempt to derive source code or underlying models, except to the extent such restrictions are prohibited by law.
- Use automated tools (bots, scripts) beyond normal, permitted interactions with Journaley on Discord.
- Scrape or collect information about others without consent.
- Impersonate any person or entity or misrepresent your affiliation.
- Use the Service for commercial purposes without our prior written consent.
- Circumvent any technical or usage limitations, including with respect to storage, message frequency, or feature gating.
We may determine policy violations in our reasonable discretion.
7) User Content; License
You retain ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, reproduce, process, adapt, display, and otherwise use your User Content solely to provide, secure, maintain, troubleshoot, and improve the Service (including to develop and enhance features such as reminders, summaries, and insights), to comply with law, and to enforce these Terms.
You represent and warrant that you have all necessary rights to grant the foregoing license and that your User Content does not infringe or violate any third-party rights or laws. We may (but have no obligation to) monitor or remove User Content at our discretion.
8) AI Features; Guidance, Well-Being & Disclaimers
The Service may generate or surface AI-assisted outputs (e.g., summaries, insights, suggestions). AI outputs may be inaccurate, incomplete, or inappropriate. They are provided for informational purposes only and do not constitute professional advice (including medical, mental-health, legal, or financial advice). You are responsible for evaluating outputs before relying on them. We make no warranties regarding the accuracy or fitness of AI outputs (see §15–§16).
Well-Being & Safety. Journaling and AI outputs may surface sensitive topics. If you are experiencing distress or believe you may harm yourself or others, stop using the Service and seek professional help immediately (e.g., local emergency services or crisis hotlines). We do not provide crisis or emergency services.
Assumption of Risk. You use AI features at your own risk and are responsible for reviewing, evaluating, and verifying outputs before acting on them.
9) Service Changes; Availability
The Service is provided "as available." We may add, modify, suspend, or discontinue features or the Service at any time, with or without notice, including for maintenance, security, legal compliance, or platform changes (e.g., Discord updates). We do not guarantee uptime, error-free operation, or compatibility with all Devices or future Discord changes.
Data Storage, Backups & Loss. The Service is not a backup or archival service. We have no obligation to store, maintain, or provide you with copies of any User Content. You are solely responsible for maintaining your own independent backups of any data you consider important. To the maximum extent permitted by law, we disclaim all liability for any loss, corruption, or destruction of data, whether caused by you, us, our vendors, or third parties, except where such loss is directly caused by our intentional misconduct or willful violation of law.
10) Data Handling; Retention; Backups
We may establish and modify storage and retention limits at our discretion. We may delete data for maintenance, capacity management, security, or upon termination (see §12). We do not guarantee data preservation, historical availability, or backups. You are responsible for maintaining your own copies of any data you deem important.
11) Your Privacy & Data Rights
Your use of the Service is also governed by our Privacy Policy (incorporated by reference). Without limiting it:
- Access/Export. You may request a copy of your User Content and certain account information by contacting contact@sunpia.io.
- Deletion. You may request deletion of your User Content; we will delete it within a reasonable time unless retention is required by law, security, or to enforce these Terms.
- Jurisdictional Rights. If you are in the EEA/UK/California or another region with specific data rights, we will honor applicable requests consistent with law.
- No Sale of Personal Data. We do not sell personal data as "sale" is defined under applicable law.
12) Suspension & Termination
We may suspend or terminate access immediately, with or without notice, if: (a) you violate these Terms or Discord policies; (b) we detect suspected fraud, abuse, or security risks; (c) required by law or platform provider; or (d) technical or operational needs require it. Where reasonable, we will attempt to provide prior notice and an opportunity to cure, except in urgent cases (e.g., abuse, legal, or security issues).
Upon termination, your right to use the Service ceases, and we may delete related data. Provisions that by their nature should survive (including §§7, 11, 14–21) will survive.
13) Fees & Changes (If Applicable)
We may introduce or modify fees for certain features. If we do, we will provide notice of pricing and effective dates. Taxes are your responsibility.
14) Intellectual Property
The Service (excluding User Content) and all related software, designs, trademarks, and materials are owned by us or our licensors and are protected by intellectual property laws. No rights are granted except as expressly set forth in these Terms. You may provide feedback; we may use it without restriction or obligation.
15) "AS IS" / "AS AVAILABLE" (No Warranties)
To the maximum extent permitted by law, the Service and all outputs (including AI-generated outputs) are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or reliability, and without any guarantee of uninterrupted or error-free operation. Some jurisdictions do not allow certain disclaimers; in such cases, the foregoing applies to the maximum extent permitted.
16) Limitation of Liability; Sole Remedy
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, revenues, data use, business interruption, or emotional/psychological harm, arising out of or related to the Service or these Terms, even if advised of the possibility.
Our aggregate liability for all claims relating to the Service will not exceed the greater of: (a) USD $100, or (b) the amounts you paid (if any) for the Service in the 12 months preceding the event giving rise to liability.
Carve-outs. The foregoing does not limit liability to the extent it cannot be limited under applicable law (e.g., death or personal injury caused by our negligence, fraud, or willful misconduct). The limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.
Sole and Exclusive Remedy. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service. Where a remedy is required by law, our obligation is limited to re-performance of the applicable Service or refund of amounts paid (if any) for the portion at issue.
17) Indemnification
You will defend, indemnify, and hold harmless the Company and its Affiliates, and their officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) your use of the Service; (b) your User Content; (c) your violation of these Terms or applicable law; (d) infringement or violation of any third-party right; or (e) your reliance on AI-generated outputs, including any decisions or actions you take (or fail to take) based on such outputs.
18) Changes to Terms
We may update these Terms at any time, at our sole discretion. Unless otherwise stated, changes are effective when posted with a new "Effective date" or "Last updated" date. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service. The updated Terms will not apply retroactively to disputes that arose before the effective date. Where required by law, we will obtain your consent before specific changes take effect.
19) Governing Law; Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, and you consent to personal jurisdiction there. If you are an EU consumer, you will benefit from any mandatory provisions of the law of your country of residence.
20) Export & Sanctions Compliance
You represent that you are not located in a country subject to U.S. embargo or on any U.S. government list of prohibited or restricted parties. You will not use the Service in violation of export control or sanctions laws.
21) Miscellaneous
- Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect.
- Waiver. A failure to enforce a provision is not a waiver of the right to do so later.
- Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Entire Agreement. These Terms, together with the Privacy Policy and any feature-specific terms, constitute the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject.
- Notices. We may provide notices via Discord, email, website postings, or in-app messages.
- Force Majeure. We will not be liable for any delay or failure to perform resulting from events beyond our reasonable control, including acts of God, labor disputes, utility or Internet outages, failures of third-party providers or hosting services, platform changes (e.g., Discord), cyberattacks, or governmental actions.
22) Contact
Email: contact@sunpia.io
Mail: Sunpia Inc., 1 Miramar St, La Jolla, Apt 3321, San Diego, CA 92037
By using Journaley, you acknowledge that you have read, understood, and agree to these Terms.