Terms and Conditions for Jorna

These Terms and Conditions ("Terms") govern your access to and use of the Jorna mobile application, website, and related services (collectively, the "Services") provided by JORNA PTY LTD ("Jorna," "we," "us," or "our").

By creating an account, selecting "Continue," "Create Account," "Sign In," or a similar acceptance action, accessing, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.

1. Eligibility and Regional Availability

You must be at least 13 years old to use the Services. If the laws of your country, state, province, or region require a higher minimum age, you must meet that higher age requirement.

If you are under 18, or under the age of legal majority in your location, you may use the Services only with the permission and supervision of a parent or legal guardian. By using the Services, you represent that you meet these eligibility requirements.

You may not use the Services if you are located in, ordinarily resident in, or otherwise subject to sanctions, export controls, or restrictions that prohibit use under applicable law.

We may make the Services available, unavailable, or limited in certain regions at any time and for any reason, including legal, operational, platform, or business reasons.

2. Not Medical, Therapy, Mental Health, or Crisis Services

Jorna is a journaling, reflection, habit, wellness, voice-agent, and social support app. Jorna is not a medical device, healthcare provider, therapy provider, counselling provider, mental health professional, crisis service, emergency response service, or substitute for professional advice.

The Services are intended for general journaling, self-reflection, organization, and wellness support only. The Services do not provide medical advice, clinical advice, diagnosis, treatment, therapy, counselling, crisis monitoring, suicide prevention, emergency response, or professional mental health care.

You must not rely on Jorna for diagnosis, treatment, therapy, emergency help, or decisions about your physical or mental health. Always seek the advice of qualified healthcare, mental health, legal, financial, or other professional providers for matters requiring professional judgment.

Jorna does not monitor users for emergencies and does not guarantee detection, escalation, intervention, or response to crisis situations.

If you believe you may be in danger, may harm yourself or others, are experiencing suicidal thoughts, are experiencing a medical or mental health emergency, or need urgent help, stop using Jorna and contact emergency services immediately. In Australia, call 000. In other locations, call your local emergency number or contact a qualified crisis service or professional.

3. Wellness, Habit, and Reminder Features

Jorna may provide reminders, habit nudges, reflections, summaries, prompts, wellness insights, or similar features. These features are for general informational and self-reflection purposes only.

Jorna does not guarantee any wellness outcome, mental health improvement, habit formation, productivity improvement, emotional improvement, relationship improvement, or other personal result. You remain responsible for your decisions, actions, and wellbeing.

You should not interpret reminders, nudges, prompts, summaries, or insights as medical, psychological, therapeutic, counselling, or professional advice.

4. Account Registration and Security

You may need to create an account to use some or all of the Services. You agree to provide accurate, current, and complete information and to keep your account information up to date.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Promptly notifying us of unauthorized access or suspected security incidents involving your account
• Using a secure device, operating system, and network when accessing Jorna

We are not responsible for losses caused by your failure to secure your account, device, credentials, or third-party accounts, except where liability cannot be excluded under applicable law.

We may require account verification, identity verification, additional authentication, or other security steps before providing support, restoring access, processing privacy requests, or taking account-related action.

5. Subscriptions, Billing, and Trials

Jorna may offer paid subscriptions, including monthly and annual subscription plans. Subscription availability, pricing, trial availability, features, and included benefits may change from time to time.

For the iOS app, billing is processed through Apple In-App Purchase. Apple may be the merchant of record for iOS purchases, and Apple’s terms, payment methods, billing rules, cancellation rules, and refund processes apply.

If offered, free trials or promotional offers automatically convert to paid subscriptions unless cancelled before the trial or promotional period ends in accordance with Apple’s rules. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period, subject to Apple’s billing rules.

You can manage or cancel subscriptions through your Apple account settings. Deleting your Jorna account, deleting the app, uninstalling the app, or stopping use of the Services does not automatically cancel your Apple subscription. You must cancel your subscription through your Apple account settings.

We may change subscription features, prices, plans, trial terms, or availability from time to time. Any price changes or subscription changes will be handled in accordance with Apple’s rules and applicable law.

6. Payments and Refunds

For Apple-billed subscriptions and purchases, Apple handles billing and refund requests under Apple’s terms and policies. We do not directly process Apple-billed refunds except where required by applicable law or where Apple’s processes allow or require our involvement.

Nothing in these Terms limits rights you may have under applicable consumer laws, including the Australian Consumer Law or other non-excludable consumer protection laws.

7. Account Deletion

You may stop using the Services at any time. If you create an account, you may initiate account deletion through the in-app settings where available.

Deleting your account may permanently delete or de-identify certain account-linked data, subject to technical, legal, security, backup, service-provider, and operational limitations described in our Privacy Policy.

Account deletion does not automatically cancel any active Apple subscription. You must separately cancel subscriptions through your Apple account settings.

8. Acceptable Use

You agree not to use the Services to:

• Violate any law, regulation, court order, contractual obligation, or third-party right
• Harass, threaten, abuse, stalk, exploit, intimidate, or harm others
• Encourage self-harm, suicide, violence, abuse, exploitation, or dangerous conduct
• Share unlawful, defamatory, hateful, abusive, explicit, exploitative, infringing, or otherwise harmful content
• Upload, share, or create content involving child sexual abuse material, sexual exploitation, or non-consensual intimate content
• Impersonate any person or entity or misrepresent your identity or affiliation
• Interfere with, disrupt, overload, damage, or compromise the security, integrity, availability, or operation of the Services
• Scrape, crawl, harvest, copy, extract, or collect data from the Services except as permitted by law or expressly authorized by us
• Reverse engineer, decompile, modify, bypass, or attempt to derive source code, models, systems, security measures, or underlying technology, except where permitted by law
• Upload malware, spyware, harmful code, or conduct abusive automated activity
• Abuse, manipulate, test, or misuse AI, voice, safety, or moderation systems
• Use the Services to build, train, benchmark, or improve competing products or models without our written permission
• Use the Services for spam, phishing, fraud, scams, illegal advice, illegal transactions, or unauthorized commercial solicitation
• Access or use another person’s account, content, or data without permission

We may investigate suspected violations and take action at our discretion, including removing content, limiting features, suspending accounts, terminating accounts, reporting unlawful conduct, or cooperating with law enforcement or platform providers where appropriate.

9. User Content and Social Features

The Services may allow you to create, upload, submit, record, store, post, comment, react, share, or otherwise provide content, including journal entries, voice input, transcripts, summaries, posts, comments, profile information, images, media, and social interactions ("User Content").

You retain ownership of your User Content, subject to the rights granted in these Terms and our Privacy Policy.

You are solely responsible for your User Content and for the consequences of creating, uploading, sharing, or posting it. You represent and warrant that you have all rights, permissions, and authority necessary to provide your User Content and to grant the rights described in these Terms.

Some social features may currently be limited to friends or private circles. We may later introduce additional sharing, follower, discovery, recommendation, public profile, or public content features. Content you choose to share may be visible to other users based on the feature, settings, audience, and product design at the time of sharing.

Do not share content through social features unless you are comfortable with the selected audience seeing it. We are not responsible for how other users use, copy, screenshot, record, disclose, or share content that you make available to them.

10. License to User Content

You grant Jorna a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, process, transmit, reproduce, display, perform, modify for technical purposes, create technical derivatives of, and otherwise use your User Content as reasonably necessary to:

• Provide, operate, secure, maintain, and improve the Services
• Provide AI, voice, journaling, transcription, summary, personalization, social, wellness, and support features
• Process and display content according to your settings and actions
• Debug, analyze, and improve performance, safety, security, and reliability
• Comply with law, enforce these Terms, and protect the Services, users, and others
• Exercise rights described in our Privacy Policy

This license does not transfer ownership of your User Content to Jorna. For private journal content, our use of User Content is also subject to the privacy, encryption, AI, retention, and data-use practices described in our Privacy Policy.

When you share User Content publicly or with other users, you grant Jorna the rights needed to display, distribute, and make that content available to the selected audience through the Services.

11. Content Moderation, Reporting, and Removal

We may, but are not obligated to, review, monitor, moderate, remove, restrict, disable, or refuse to display User Content or accounts at any time where we believe it is necessary or appropriate for safety, legal, operational, platform, community, or business reasons.

We may moderate content manually, automatically, through service providers, or in response to user reports. Moderation systems and decisions may be imperfect and may not identify every issue.

If reporting, blocking, or similar safety tools are available in the app, you may use them to report concerns. You may also contact us at support@jorna.ai to report abuse, safety concerns, unlawful content, or Terms violations.

We do not endorse User Content and are not responsible for User Content posted, shared, or created by users, except where responsibility cannot be excluded under applicable law.

12. AI and Voice Features

Jorna uses artificial intelligence, voice technology, and third-party providers, including Anthropic and ElevenLabs, to provide features such as voice journaling, conversation, transcription, summaries, reflections, insights, and personalization.

AI and voice features are experimental, probabilistic, and may produce outputs that are inaccurate, incomplete, misleading, offensive, emotionally inappropriate, outdated, biased, or unsuitable for your situation.

You are responsible for reviewing and evaluating AI outputs before relying on them. You must not rely on AI outputs as medical, mental health, legal, financial, safety, or other professional advice.

Jorna does not guarantee that AI outputs, transcripts, summaries, memories, persona/context files, or recommendations will be accurate, complete, safe, useful, or appropriate. AI memory and personalization may be incomplete, incorrect, or based on misunderstood context.

You acknowledge that voice and AI features may be provided by third-party services and may be subject to technical limitations, availability issues, latency, errors, outages, or changes outside our control.

13. Privacy

Your use of the Services is also governed by the Jorna Privacy Policy, available at https://jorna.ai/privacy, which is incorporated by reference into these Terms.

The Privacy Policy explains how we collect, use, share, retain, and protect personal data, including journal content, transcripts, audio, AI-generated summaries, HealthKit data, location, contacts, social data, analytics, diagnostics, and account information.

14. HealthKit, Device Permissions, and Apple Platform Features

If you choose to connect Apple Health / HealthKit or grant device permissions, you are responsible for reviewing and managing those permissions through iOS and app settings.

HealthKit data is used only for wellness-related features described in the app and Privacy Policy. Jorna does not use HealthKit data for advertising or marketing and does not sell HealthKit data.

Some features require access to device capabilities such as microphone, photos, contacts, location, notifications, HealthKit, or network connectivity. If you disable permissions, some features may not work properly or may be unavailable.

15. Third-Party Services

The Services may rely on or integrate with third-party services, platforms, software, infrastructure, APIs, tools, or providers, including Firebase/Google Cloud, Anthropic, ElevenLabs, Mixpanel, Superwall, Apple services, and other providers.

We are not responsible for third-party services, outages, errors, security incidents, data practices, terms, policies, or changes, except where responsibility cannot be excluded under applicable law.

Your use of third-party services may be subject to their own terms and policies. You must comply with applicable third-party terms, including Apple’s App Store terms and any network, device, platform, or service-provider terms that apply to your use of the Services.

16. Intellectual Property

The Services, including software, design, interfaces, branding, trademarks, logos, text, graphics, features, prompts, workflows, systems, models, and other materials, excluding your User Content, are owned by Jorna or its licensors and are protected by intellectual property and other laws.

Except as expressly permitted by these Terms or applicable law, you may not copy, modify, distribute, sell, lease, sublicense, create derivative works from, publicly display, publicly perform, reverse engineer, or exploit any part of the Services.

You may not use Jorna’s name, logo, branding, or trademarks without our prior written permission.

17. Feedback

If you provide ideas, suggestions, feedback, bug reports, feature requests, or other comments about the Services, you grant Jorna a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, commercialize, and otherwise exploit that feedback without restriction or compensation to you.

18. Feature Changes, Availability, and Beta Services

We may add, modify, suspend, limit, replace, or remove features, plans, content, integrations, or functionality at any time.

The Services may be unavailable, interrupted, delayed, insecure, inaccurate, or error-prone from time to time due to maintenance, outages, updates, third-party services, internet issues, bugs, cyber incidents, or events outside our control.

We do not guarantee that the Services, any feature, any content, any user history, or any AI output will always be available, preserved, accurate, uninterrupted, secure, or error-free.

Any beta, preview, early access, or experimental feature is provided "as is," may be less reliable, and may be changed or removed without notice.

19. Data Loss and Backups

While we take reasonable steps to operate the Services reliably, you acknowledge that User Content, journals, summaries, transcripts, audio, social content, settings, histories, or other data may be lost, corrupted, deleted, unavailable, delayed, or inaccessible due to software errors, user actions, account deletion, security incidents, third-party services, platform issues, or other causes.

To the maximum extent permitted by law, Jorna is not responsible for loss, corruption, unauthorized access, disclosure, or deletion of User Content or other data, except to the extent caused by us and not disclaimable under applicable law.

You are responsible for keeping copies of information that you need outside the Services where appropriate.

20. Termination and Suspension

We may suspend, restrict, disable, or terminate your access to some or all of the Services immediately, with or without notice, if:

• You materially or repeatedly violate these Terms
• We believe your use creates legal, security, fraud, abuse, safety, reputational, platform, or operational risk
• Your User Content violates these Terms or may harm users, Jorna, third parties, or the Services
• Required or requested by law, court order, regulator, platform provider, or payment provider
• We need to protect the Services, users, our business, or others

We may also remove or restrict User Content, disable social features, or limit account functionality where we believe it is necessary or appropriate.

You may stop using the Services at any time and may delete your account through in-app settings where available.

Termination or suspension does not automatically cancel any active Apple subscription. You must separately cancel subscriptions through your Apple account settings.

21. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise.

Without limiting the above, Jorna disclaims all warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, uninterrupted operation, error-free operation, security, data preservation, wellness outcomes, mental health outcomes, habit outcomes, or that the Services will meet your expectations or requirements.

Jorna does not warrant that AI outputs, voice features, transcripts, summaries, reminders, insights, social content, user content, wellness information, or third-party services will be accurate, complete, safe, appropriate, available, or suitable for any particular purpose.

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, warranties, or remedies that cannot be excluded, restricted, or modified under applicable law, including the Australian Consumer Law.

22. Limitation of Liability

To the maximum extent permitted by law, Jorna and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for loss of profits, revenue, goodwill, business opportunity, data, content, use, or business interruption, arising out of or relating to the Services or these Terms, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, Jorna’s aggregate liability for all claims arising out of or relating to the Services or these Terms is limited to the greater of:

• AUD $100; or
• The total amount you paid to Jorna for the Services in the 12 months before the event giving rise to the claim.

The limitations in this section apply to all theories of liability, including contract, tort, negligence, strict liability, statute, equity, and otherwise, to the maximum extent permitted by law.

These limitations do not apply to liability that cannot be excluded or limited under applicable law.

23. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Jorna and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• Your access to or use of the Services
• Your misuse of the Services
• Your User Content
• Your breach of these Terms
• Your violation of law or third-party rights
• Your interactions with other users
• Your use or misuse of AI outputs, summaries, insights, reminders, or wellness features

We reserve the right to assume exclusive control of the defence and settlement of any matter subject to indemnification, and you agree to cooperate with us.

24. Export Controls and Sanctions

You may not use, access, export, re-export, import, sell, transfer, or provide the Services in violation of applicable export control, sanctions, anti-boycott, or trade laws.

You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to sanctions or restrictions that prohibit use of the Services, and that you are not listed on any restricted-party list that would prohibit use of the Services.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law rules.

You and Jorna submit to the exclusive jurisdiction of the courts of Victoria, Australia, subject to mandatory consumer-law rights, jurisdictional rights, or other protections that may apply in your location and cannot be waived by contract.

26. Apple App Store Additional Terms

If you access or download the app through Apple’s App Store, the following additional terms apply:

• These Terms are between you and Jorna, not Apple.
• Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, in accordance with Apple’s rules. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• Apple is not responsible for addressing claims by you or third parties relating to the app, your use of the app, product liability, legal or regulatory compliance, or intellectual property infringement, except as required by applicable law.
• You must comply with applicable third-party terms, including Apple’s App Store terms.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

27. Changes to These Terms

We may update these Terms from time to time. If changes are material, we may provide notice through the app, website, email, or other reasonable means.

The updated Terms will be posted with a new effective date or last updated date. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Services and, if applicable, cancel any active subscription through your Apple account settings.

28. Marketing Communications

Where permitted by law, we may send you service messages, onboarding messages, product updates, promotional messages, or marketing communications.

You can opt out of marketing emails by using the unsubscribe link in the email or contacting support@jorna.ai. You may still receive service-related messages, including account, security, billing, subscription, support, legal, or policy notices.

29. General Terms

These Terms, together with the Privacy Policy and any additional terms presented in the Services, form the entire agreement between you and Jorna regarding the Services.

If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining parts will remain in effect to the maximum extent permitted by law.

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law.

30. Contact

31. In-App Acceptance Record

By selecting "Continue," "Create Account," "Sign In," or a similar acceptance action in the app, you acknowledge and agree to these Terms and the Jorna Privacy Policy.