Last Updated: June 8, 2025


ACORN’S TERMS OF SERVICE


1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the journaling services and any AI features or other features (collectively, the "Services") provided by Acorn ("Company," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.


2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Binding Agreement These Terms constitute a legally binding agreement between you and the Company. By accessing or using the Services in any manner, including but not limited to visiting or browsing the website, creating an account, or using any features of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You must be at least 18 years old to use our Services. By creating an account, you represent that you are eligible to use the Services and that all registration information you provide is accurate and complete.

2.2 Electronic Acceptance You agree that your use of the Services constitutes your electronic signature and manifests your assent to these Terms without limitation or qualification.

2.3 Capacity to Accept By using the Services, you represent and warrant that you have the legal capacity to enter into this binding agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.


3. LICENSE AND SERVICE USAGE

3.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal journaling purposes only.

3.2 Restrictions

You agree not to:

  • Use the Services for any illegal purpose

  • Attempt to gain unauthorized access to any portion of the Services

  • Copy, modify, or create derivative works of the Services

  • Reverse engineer or decompile any part of the Services

  • Use the Services to transmit harmful code or interfere with our systems in anyway


4. USER CONTENT AND INTELLECTUAL PROPERTY

4.1 User Content

You retain ownership of all journal entries, inputs, notes, and other content you create, upload, or store through the Services ("User Content").



4.2 License to User Content

You grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Services.

4.3 Company Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by the Company and protected by intellectual property laws and regulations. Nothing in these Terms transfers any Company intellectual property rights to you.


5. AI FEATURES

5.1 AI Analysis

Our Services may include artificial intelligence features that may analyze your journal entries and provide insights or suggestions to you.

5.2 No Warranty for AI Features

THE AI FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. We make no representations about the accuracy, reliability, completeness, or timeliness of any AI analysis, insights, or suggestions. You acknowledge that AI technology has inherent limitations and may produce incorrect, misleading, or inappropriate results.

5.3 No Liability for AI Responses

We expressly disclaim all liability for any harm, damages, or losses arising from or related to your reliance on or use of any AI-generated content, analysis, or suggestions. You use the AI features at your own risk and discretion.

5.4 AI Training 

You acknowledge and agree that we may use anonymized and aggregated data derived from User Content to train, improve, and develop our AI systems and algorithms. This process removes personal identifiers and combines data from multiple users to protect individual privacy. Anonymized data used for AI training purposes may be retained indefinitely, even after you delete your account or specific content. Once data has been anonymized and incorporated into our AI models, it cannot be specifically identified or deleted.


6. PRIVACY AND DATA SECURITY

6.1 Confidentiality

We will maintain the confidentiality of your User Content and personal information in accordance with our Privacy Policy. We will not access, view, or disclose your User Content except: (a) as necessary to provide the Services; (b) as required by law; (c) to protect our rights or property; or (d) with your consent.

6.2 Data Security

We implement commercially reasonable security measures to protect your information. However, no method of data transmission, processing, or storage is 100% secure, and we cannot guarantee absolute security.


7. MODIFICATIONS TO SERVICES

7.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice to you, at our sole discretion. This includes adding, removing, or changing features, functionality, or content.

7.2 No Prior Notice Required

We have no obligation to provide prior notice of any Service modifications. You acknowledge that we may make changes that affect your use of the Services without any liability to you.

7.3 No Right to Specific Features

You have no right to any particular feature, functionality, or version of the Services. We may remove or modify any feature at any time without creating any right to compensation or continued access.


8. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, BE SECURE, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.


9. LIMITATION OF LIABILITY

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED FIFTY CANADIAN DOLLARS (CAD $50.00).

9.2 Excluded Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

  • THE USE OR INABILITY TO USE THE SERVICES

  • SERVICE INTERRUPTIONS OR DOWNTIME

  • LOSS OR CORRUPTION OF DATA OR ANY TYPE OF DATA BREACH

  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES

  • ANY AI-GENERATED CONTENT OR ANALYSIS

  • ANY OTHER MATTER RELATING TO THE SERVICES

9.3 Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.


11. TERM AND TERMINATION

11.1 Term

These Terms will remain in effect until terminated according to the provisions below. The duration of your access to the Services depends on your account type:

11.1.1 Free Account

For users with a free account, these Terms remain in effect indefinitely. Free accounts provide access to limited features of the Services with no time restriction. However, free accounts may be terminated:

  • If you cease to use your account for a period of sixty (60) consecutive days

  • At the Company's sole discretion, with or without cause or any notice to you

  • Upon your decision or request to close your account

11.1.2 Monthly Paid Subscription

For users with a monthly paid subscription, these Terms remain in effect for the duration of your paid subscription period. The term of your monthly subscription will automatically renew on a month-to-month basis. Monthly subscriptions provide access to applicable paid features of the Services, including applicable AI functionality. You may cancel your monthly subscription at any time before the end of your current billing cycle. Upon cancellation, your access to premium features will continue until the end of your current paid month, after which your account will revert to a free account or terminate, at your option.

11.1.3 Annual Paid Subscription

For users with an annual paid subscription, these Terms remain in effect for the duration of your paid subscription period. The term of your yearly subscription will automatically renew on a yearly basis. Annual subscriptions provide access to applicable paid features of the Services, including applicable AI functionality. To cancel automatic renewal of an annual subscription, you must provide notice of cancellation at least thirty (30) days prior to your renewal date. Failure to provide such notice will result in automatic renewal for another year. Upon proper cancellation in accordance to these terms, your access to premium features will continue until the end of your current paid year, after which your account will revert to a free account or terminate, at your option.

11.3 Termination by Company

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Additionally, we reserve the right to terminate free accounts that remain inactive for sixty (60) days.

11.4 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease

  • Your access to premium features will end (for paid subscriptions)

  • All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

  • Following account termination, we may retain User Content for up to 30 days to allow for account recovery or download of User Content by you prior to deletion. After this period, we will delete or anonymize all User Content associated with the terminated account, except as required by law or for legitimate business purposes.

11.5 No Refunds

Termination of your account for any reason, does not entitle you to any refund of fees paid. All payments are non-refundable except where required by applicable laws. Cancellation of your subscription will be effective at the end of your current billing period. For annual or monthly subscriptions, no partial refund will be provided if you terminate before the end of your paid year or paid month. By using and paying for the Services you acknowledge that you understand and agree to our no refund policy. 

11.6 Downgrade to Free Account

Upon termination of a paid subscription, you may elect to downgrade to a free account rather than closing your account entirely. In such case, you will retain access to your data but will lose access to premium features.


12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

12.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of Vancouver, BC, and you consent to the personal jurisdiction and venue in such courts.

12.3 Waiver of Class Actions

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.


13. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website. Your continued use of the Services after any such changes and new updates constitutes your acceptance of the new Terms.


14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings.

14.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

14.4 Assignment

You may not assign these Terms without the prior written consent of the Company, but the Company may assign these Terms without restriction.

14.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or internet service provider failures.

14.6 Contact Information

If you have any questions about these Terms, please contact us at support@acornjournals.com.

14.7 Mental Health Disclaimer

The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. The AI analysis features are for informational and self-reflection purposes only and do not constitute medical, psychological, or therapeutic advice. We do not monitor journal entries for signs of crisis or emergency. The Services are not designed to identify, prevent, or respond to mental health emergencies. In case of emergency, contact appropriate emergency services or mental health crisis resources. 

14.8 Prohibited Content

You agree not to create, upload, or share content that:

  • Promotes self-harm or suicide

  • Contains threats of violence against yourself or others

  • Describes plans for illegal activities

  • Contains explicit sexual content involving minors

  • Infringes on intellectual property rights

  • Constitutes harassment, bullying, or hate speech

  • Violates any applicable law

We reserve the right, but not the obligation, to review, monitor, or remove any User Content at our sole discretion, without notice, for any reason, including content that we believe violates these Terms.

14.9 User Responsibilities

You are solely responsible for creating and maintaining backups of your User Content. We recommend regularly exporting your journal entries. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use strong passwords and enable two-factor authentication when available. You represent and warrant that:

  • All information provided during registration is true, accurate, and complete

  • You will promptly update any information that changes

  • Your use of the Services will not violate any applicable law or regulation

  • You have the necessary rights to provide any content you submit

  • You will not use the Services for any fraudulent or unlawful purpose

  • You will not interfere with any other user's enjoyment of the Services

  • You will not attempt to reverse engineer the Services or any component thereof

14.10 Subscription Models

We may offer various subscription plans with different features and pricing at our discretion. By selecting a paid subscription, you agree to pay all fees associated with your selected plan. We reserve the right to change pricing for our subscription models at our discretion.

14.11 Experimental/Beta Services 

We may offer beta, preview, or experimental features that are subject to additional terms and may contain bugs or errors. These features are provided "as is" with no additional warranties or support obligations.

14.12 Feedback License 

If you provide feedback to us about our Services, you grant us a perpetual, irrevocable license to use that feedback without compensation or attribution.

14.13 Third-Party Services

 The Services may integrate with, incorporate, or provide access to third-party applications, websites, services, products, or content ("Third-Party Services"). These Third-Party Services may include, but are not limited to, data storage providers, payment processors, authentication services, analytics tools, and complementary applications. We do not endorse, control, or assume responsibility for any Third-Party Services. The availability of any Third-Party Services through our platform does not imply our endorsement or any affiliation with the third-party providers. Your use of any Third-Party Services is subject to the terms, conditions, and privacy policies of those third parties ("Third-Party Terms"). You acknowledge that you are solely responsible for reviewing and complying with all applicable Third-Party Terms if applicable to your use of the Services. Your violation of Third-Party Terms may result in the termination of your access to our Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ALL THIRD-PARTY SERVICES. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or other issues caused or alleged to be caused by or in connection with:

  • The use of or reliance on any Third-Party Services

  • Content, goods, or services available through Third-Party Services

  • Privacy practices or policies of Third-Party Services

  • Any security breaches, data leaks, or service interruptions related to Third-Party Services

  • Any changes, suspensions, or discontinuations of Third-Party Services

  • Any errors, bugs, or technical issues arising from Third-Party Services

  • We are not responsible for any failures, errors, or issues that may arise from the integration of Third-Party Services with our platform


14.14 Age restriction 

 The Services are not directed to children under 16 years of age. If we learn that we have collected personal information from a child under 16, we will take steps to delete that information. Parents or legal guardians who permit minors to use the Services are responsible for the minor's activities and compliance with these Terms.

14.15  STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

14.16 ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.