Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Sprout Diary's mobile application, website, and services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Sprout Diary is a family journaling platform that enables you to:

• Create and manage family "pods" (groups)
• Document daily moments, milestones, and memories
• Upload and organize photos and videos
• Track children's developmental milestones
• Use journal templates and prompts
• Generate AI-powered insights (Pro subscription)
• Export your family's journal as a PDF memory book
• Invite family members to collaborate

3. User Accounts and Registration

3.1 Account Creation

• You must be at least 18 years old to create an account
• You must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized use

3.2 Account Termination

You may delete your account at any time through the app settings. We may suspend or terminate your account if you violate these Terms. Upon termination, your data will be deleted in accordance with our Privacy Policy.

4. User Responsibilities and Conduct

You agree to use Sprout Diary responsibly and not to:

• Upload illegal, harmful, or offensive content
• Violate anyone's intellectual property rights
• Harass, abuse, or harm others
• Share content depicting child abuse or exploitation
• Attempt to gain unauthorized access to the Service
• Upload viruses, malware, or malicious code
• Use automated systems (bots) without permission
• Reverse engineer or attempt to extract source code
• Resell or commercially exploit the Service
• Impersonate others or misrepresent your affiliation

5. Family Pods and Content Sharing

5.1 Pod Management

• Each pod has an administrator (the creator)
• Administrators can invite members, manage roles, and delete the pod
• All pod members can view shared content within the pod
• Adult members can create entries for children in the pod
• Free accounts are limited to 6 members per pod

5.2 Content Ownership

You retain ownership of all content you upload to Sprout Diary. By uploading content, you grant us a limited license to store, process, and display it as necessary to provide the Service. This license ends when you delete your content or account.

6. Subscriptions and Payments

6.1 Free and Pro Plans

Sprout Diary offers both free and paid subscription plans:

• Free Plan: Limited features, 30-day entry history, text-only entries
• Pro Plan: Unlimited features, full history, photo uploads, AI features, custom templates

6.2 Billing and Renewals

• Pro subscriptions are billed monthly or annually via app stores or web
• Subscriptions automatically renew unless cancelled
• You can cancel anytime; cancellation takes effect at end of billing period
• No refunds for partial periods, except where required by law
• Prices may change with 30 days notice to existing subscribers

6.3 Payment Processing

Payments are processed through third-party providers (Apple App Store, Google Play Store, or RevenueCat). Your payment information is handled securely by these providers, not stored by Sprout Diary.

7. Intellectual Property Rights

7.1 Sprout Diary's Rights

The Service, including its design, code, features, logos, and content (excluding user-generated content), is owned by Sprout Diary and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without permission.

7.2 User Content Rights

You represent and warrant that you own or have permission to use all content you upload. You are responsible for ensuring your content doesn't infringe on others' rights. We may remove content that violates these Terms or intellectual property laws.

8. AI Features and Content Generation

Pro subscribers have access to AI-powered features:

• Writing Enhancement: AI suggestions to improve journal entries
• Voice Transcription: Convert voice recordings to text
• Monthly Insights: AI-generated summaries and patterns

AI features are provided "as is" without warranties. AI-generated content may contain errors. You should review and edit AI output before relying on it. We use Google Gemini API for AI features, subject to their terms and policies.

9. Data Backup and Loss

While we perform regular backups, you are responsible for maintaining your own backups of important content. We recommend regularly exporting your journal. We are not liable for data loss due to technical issues, service interruptions, or account deletion.

10. Service Availability and Modifications

We strive for high availability but cannot guarantee uninterrupted service. We may modify, suspend, or discontinue features at any time. We'll provide reasonable notice for significant changes affecting paid subscribers.

11. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services (e.g., payment processors, cloud storage). We are not responsible for third-party content, policies, or practices. Your use of third-party services is subject to their terms and conditions.

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPROUT DIARY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sprout Diary, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to: (a) your use of the Service, (b) your content, (c) your violation of these Terms, or (d) your violation of any rights of another party.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law. You may opt out of arbitration within 30 days of account creation by emailing contact@sproutdiary.com.

15. Changes to Terms

We may modify these Terms at any time. We'll notify you of material changes via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after changes constitute acceptance. If you don't agree to the new Terms, you should stop using the Service and delete your account.

16. Severability and Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Sprout Diary regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

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