Terms of Service and App Licence

Revision 18 · en-US

Important: arbitration, class waiver and financial responsibility

Important legal terms: Covered U.S. disputes are subject to binding individual arbitration instead of a court or jury trial, with a waiver of class, collective and representative proceedings, unless you use the 30-day arbitration opt-out described in the Terms. The Terms also include indemnity obligations and limits on liability. Small claims, public injunctive relief, non-waivable rights and other stated exceptions remain available. These provisions do not automatically bind children or apply to consumers outside the United States.

Read the sections headed “Warranties and limits on liability”, “United States users: defence and indemnity for third-party claims” and “United States disputes: mandatory individual arbitration”, including their exceptions, before you agree. No Terms acceptance is a promise that a court will enforce every provision.

Who operates Dear Mori

Dear Mori is operated by Kiwi Tree in California, United States. Contact support@ohmymori.com for questions about this agreement.

These Terms govern personal use of the Dear Mori Android app and its digital content. The Purchases and Refunds terms are incorporated into this agreement. The Privacy Policy is a separate explanation of data practices; agreeing to these Terms does not turn on optional analytics or waive privacy rights.

The onboarding agreement covers your use of the app, its purchase features and any account you choose to connect. When you sign in for connected commerce, the app records your existing acceptance of the same Terms version against that account. There is no separate purchase-time Terms agreement. Google Play still asks you to authorize each payment. Updated Terms that require agreement are presented through the onboarding agreement before you continue using the standard profile.

Google provides Google Play and other services under its own applicable terms. Google does not operate Dear Mori and is not a party to this agreement.

Purchases and Refunds

Privacy Policy

Eligibility and young users

Dear Mori does not ask for an age group during onboarding. New installations use the standard profile, where connected account and purchase features are available. Existing local-only profiles from earlier age selections remain local-only. Regional eligibility depends separately on privacy requirements, contractual capacity and purchase rules; access to the app does not prove legal capacity or authorize processing otherwise prohibited by law.

Existing local-only profiles for young or unknown-age users do not record the standard account/arbitration assent. Dear Mori does not verify age or parental consent, and this agreement does not establish a minor’s contractual capacity.

Information for children and parents

Your licence to use the app

Subject to these Terms and any applicable purchase, Kiwi Tree grants you a personal, limited, non-exclusive, non-transferable licence to install and use Dear Mori and the digital content made available to you on supported devices. You may make copies to the extent necessary for lawful installation and backup.

You may not redistribute the app or its supplied artwork and writing as a competing product, remove ownership notices, or exploit it commercially without permission. Restrictions do not limit rights that applicable law gives you, including protected interoperability, reverse engineering, accessibility or consumer rights.

Except for your journal content and rights expressly granted here or by a third-party licence, Kiwi Tree and the relevant rights holders reserve all rights. You may not sublicense, sell, rent or commercially distribute supplied content, impersonate the operator, use its names or marks to imply endorsement, or bypass technical access or payment restrictions, unless a right protected by applicable law permits that activity.

The app and its original supplied content are protected by intellectual-property law. Third-party software, fonts and other materials retain their respective licences. This agreement grants use rights rather than transferring ownership of the app.

Third-party notices

Your journal belongs to you

You retain your rights in the wishes, inscriptions, custom actions, reflections and other text you create. Dear Mori processes those words on your device to provide the features you request. Its commerce service does not receive that private text.

We do not take a licence to publish, sell, train models on, or commercially reuse your private journal. User-directed exports or sharing send the selected file to the destination you choose, whose terms and privacy practices may then apply. You are responsible for having the necessary rights to material you enter or choose to share.

Voluntary product suggestions

You do not have to send product suggestions. If you deliberately send us a non-confidential suggestion for improving Dear Mori, you give Kiwi Tree non-exclusive, worldwide, perpetual, royalty-free permission to use, adapt and implement that suggestion in Dear Mori and related products, and to let people working on those products or a permitted business successor do so for that purpose. No payment or attribution is owed unless we separately agree otherwise in writing or applicable law requires it.

This permission concerns product suggestions only. It excludes journal entries, wishes, private attachments, confidential support correspondence, privacy requests and personal information. A support request is not automatically product feedback, and this permission does not authorize publishing your private words, training on them, or overriding your privacy rights.

Concerns about intellectual property

If you believe material supplied in Dear Mori infringes your intellectual-property rights, contact support@ohmymori.com. Identify the protected work or right, the specific app material and where it appears, why you believe the use is unauthorized, your connection to the rights holder and a way to reply. We may ask for information reasonably needed to investigate and respond. Do not send passwords or private journal entries. We will assess a sufficiently identified concern and take appropriate action where warranted.

Accounts and restoration

Ordinary free practice and journaling can be used locally. The current connected commerce implementation uses Google sign-in and Firebase to verify purchases and restore purchased balances, item ownership and related entitlements. Journal text is not cloud-synced.

Purchased data is associated with the account used in Dear Mori. Switching accounts changes the purchased data shown while preserving the separate local journal and earned progress. Use the original account for restoration. Protect access to your account and contact support promptly if you suspect unauthorized use. Responsibility for unauthorized transactions is determined by applicable law and platform remedies, not automatically assigned to you.

Connecting an account, including a cancelled or incomplete checkout attempt, can involve authentication and security processing even if you do not complete a purchase.

Notify us promptly of suspected account compromise and cooperate reasonably in securing the affected account. You remain responsible for your own authorized instructions and conduct. This does not make you automatically responsible for a third party’s unauthorized activity or override payment-provider protections.

Digital purchases

Petals and digital items provide the effects described in the app’s purchase review. Purchases do not buy a real-world outcome. Before confirming, review the quantity, price, currency, account, duration where relevant and the digital effect. The incorporated purchase terms describe refunds, restoration and one-time purchases.

Non-expiring or permanent entitlements are not subject to an ordinary renewal timer. They depend on the availability of the app and supporting services where needed; this description does not promise operation forever or authorize arbitrary confiscation. If services materially change or end, mandatory consumer remedies remain available.

Purchases and Refunds

Appropriate use

Do not use Dear Mori to break the law, gain unauthorized access, interfere with services, distribute malicious code, falsify payment evidence, obtain duplicate credits fraudulently, or circumvent lawful payment and security controls. Good-faith security reports and activity protected by applicable law are not prohibited by this section.

You must not exploit errors to obtain unearned credits, tamper with purchase verification, misrepresent authority over an account, or knowingly submit false refund or support information. A good-faith refund request, payment dispute, legal claim, security report or criticism is not payment abuse merely because it is disputed or unsuccessful.

Reflection and symbolic practices

Dear Mori offers personal reflection, guided pauses and symbolic digital charms called Mori. It does not guarantee luck, protection, recovery, fertility, safe childbirth, success or any other real-world result. A completed wish or connection is an app record, not a factual or professional assessment.

Dear Mori is not a medical device and does not diagnose, treat, cure or prevent a medical condition. It is not medical monitoring, therapy or an emergency service. Consult a qualified healthcare professional for medical advice, diagnosis or treatment. Stop an exercise if it causes discomfort and choose another activity.

Use guided breathing, movement or attention exercises only when your surroundings make it safe to pause. Do not follow them while driving, operating machinery or doing something where distraction could cause injury. Stop if you feel dizzy, distressed or uncomfortable, and obtain appropriate professional help when needed.

Wellness information

Storage, backups and availability

Your journal is stored locally. Clearing app storage, losing the device or uninstalling the app can remove that local data. Export a password-encrypted journal backup when you want a separate copy and keep the password safely; we cannot recover it for you. Journal backups do not contain purchased balances, ownership or Terms acceptance records. Journal import/export and external image sharing are unavailable in child and unknown-age local profiles; losing or clearing that device can therefore remove the only local copy.

Some features require a supported device, internet access, Google services or an available backend. We work to keep the service functioning but do not promise uninterrupted availability, compatibility with every device, or indefinite operation. These statements do not exclude applicable guarantees or remedies.

You are responsible for compatible equipment, your internet and mobile-service charges, and copies or exports you direct to other services. Third-party platforms operate independently and may impose their own availability and access limits. We do not control their services, but this does not remove any responsibility that law places on us for providers acting on our behalf.

Delays caused by events outside reasonable control

To the extent permitted by applicable law, neither party is responsible for a delay in performing an obligation caused directly by an event outside that party’s reasonable control that it could not reasonably prevent or overcome, such as a natural disaster, a widespread communications failure or a binding government restriction. Any relief applies only to the affected obligation and only for the period the event prevents performance. The affected party must take reasonable steps to limit the disruption and resume performance; Kiwi Tree will provide appropriate notice of a material service interruption when reasonably practicable.

This provision does not excuse a party’s own fault, ordinary lack of funds, required arbitration fees, payment already owed, mandatory refunds or other non-waivable remedies. It does not remove our security or legal-compliance duties, permit arbitrary removal of paid entitlements, or exclude responsibility for a provider where applicable law makes us responsible. Prolonged interruption and service withdrawal remain subject to the service-change provisions and applicable consumer rights.

Changes, suspension and ending use

You may stop using Dear Mori and request deletion of your connected account. Account deletion, local journal erasure and deletion of exported copies are separate actions, described in the deletion information.

We may limit affected connected functionality when reasonably necessary to address fraud, unlawful interference, security incidents or a material breach of these Terms. Measures should be proportionate; we will provide notice and an opportunity to resolve the issue where appropriate and legally required, except where immediate action is necessary.

If a material service change or shutdown affects paid entitlements, we will explain the effect and applicable options with the notice required by law. We do not reserve a right to remove purchased value arbitrarily. Mandatory refunds and other remedies survive this agreement.

Material changes will carry a new version and effective date, and will be disclosed before they apply where required. Changes to arbitration or other dispute terms require affirmative agreement and do not retroactively govern a dispute already notified to either party without both parties’ express agreement. Merely posting changed terms is not treated as assent to a new dispute provision.

Account deletion

Warranties and limits on liability

The app is intended for personal symbolic reflection and journaling. Subject to the express commitments in this agreement and mandatory consumer rights, availability, results, uninterrupted operation and error-free performance are not guaranteed. No support statement creates an additional warranty unless the operator expressly makes that commitment or applicable law gives it that effect.

The United States warranty disclaimers, damages exclusions and monetary cap in this section apply only if you reside in the United States when you validly agree to these Terms and have legal capacity to enter the agreement. The United States indemnity below uses the same condition. Visiting or later moving to the United States does not by itself extend these provisions to an agreement made outside that scope. If your residence changes, any mandatory protections that then apply to you remain preserved; these provisions do not override them.

For United States users within that scope, the app and supplied digital content are provided “as is” and “as available”. To the extent those warranties can lawfully be disclaimed for this service, Kiwi Tree disclaims implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. This does not disclaim express commitments in these Terms or non-excludable warranties and consumer guarantees.

For those United States users, and subject to the exclusions below, Kiwi Tree and persons acting on its behalf in supplying Dear Mori are not liable for indirect, incidental, consequential, special, exemplary or punitive damages, or lost business profits, revenues, goodwill or business opportunities, arising from the app or this agreement, whether the claim is contractual, tort-based or otherwise, even if advised of the possibility of those losses.

For those United States users, and subject to the same exclusions, the aggregate monetary liability of Kiwi Tree and persons acting on its behalf for all related claims arising from Dear Mori or this agreement is limited to the greater of US$100 or the total amount you paid for Dear Mori digital purchases during the 12 months immediately before the first event giving rise to the related claims. Multiple claims arising from the same or related events do not multiply that cap. For this calculation, purchase payments are the amounts you paid for Dear Mori digital content before Google Play commissions, excluding separately itemized taxes and refunds already completed before that first event. Later refunds do not retroactively reduce the cap. Convert non-U.S.-dollar payments using a publicly available transaction-date exchange rate from an independent financial data source; any disputed conversion is determined by the court or arbitrator deciding the claim, not unilaterally by Kiwi Tree.

Neither the damages exclusion nor the cap limits liability for fraud, fraudulent misrepresentation, gross negligence, wilful injury or misconduct, unlawful conduct, or any other liability that cannot lawfully be excluded or limited. They do not reduce mandatory refunds, statutory conformity remedies, non-waivable statutory damages or other mandatory consumer relief, or liability for death or personal injury where exclusion or limitation is prohibited. These exceptions prevail over every limitation elsewhere in this agreement.

The United States warranty disclaimers, damages exclusions and monetary cap above do not apply automatically to consumers outside the United States. Those consumers retain the remedies, service/digital-content guarantees and liability protections of their applicable mandatory law. No claim is made that a United States clause overrides EEA, United Kingdom or other local consumer protections.

Within their lawful scope, these allocations of risk are part of the basis on which the service is made available. If a particular exclusion or limit is invalid, it is ineffective for the affected liability; the remaining independent provisions continue only where they remain lawful and enforceable.

United States users: defence and indemnity for third-party claims

If you reside in the United States when you validly agree to these Terms and have legal capacity to enter this agreement, you agree to defend, indemnify and hold harmless Kiwi Tree, permitted successors, personnel, agents, contractors and licensors involved in supplying Dear Mori against third-party claims, resulting judgments, approved settlements and reasonable documented defence costs, including reasonable legal fees, but only to the extent reasonably caused by your unlawful use of the app, fraud or payment abuse, material breach of these Terms, or infringement or violation of another person’s rights through material you supply or direct to be processed or shared.

This obligation does not cover loss caused by an indemnified person’s breach of these Terms, negligence, fraud, wilful misconduct or violation of law. It does not shift our own legal compliance duties to you, require you to pay for bringing your own good-faith claim, or penalize a privacy request, regulator complaint, lawful review, security report or good-faith refund request. An unsuccessful claim or complaint is not by itself a material breach or grounds for indemnity.

We will give reasonably prompt written notice of a covered third-party claim and reasonable cooperation at the indemnifying party’s reasonable expense. A delay in notice reduces your obligation to the extent the delay materially prejudices the defence. You may control the defence through suitably qualified counsel reasonably acceptable to us, without an unreasonable rejection of counsel; we may participate through our own counsel at our own expense.

Neither party may settle a claim in a way that admits fault by the other, imposes non-monetary obligations on the other, or requires payment by the other without that party’s written consent. Consent must not be unreasonably withheld for a settlement fully funded by the indemnifying party that completely releases the indemnified persons without other obligations. If you fail to undertake a required defence after reasonable notice, we may reasonably defend the covered claim and seek only reasonable documented covered costs. Defence and reimbursement duties extend only to the covered portion of a claim.

This contractual indemnity is not imposed on consumers outside the United States or on a person who lacks legal capacity to undertake it. A parent does not become an indemnitor merely because a child uses the app or selects an agreement control. This limitation does not excuse unlawful conduct or remove liabilities independently imposed by law.

United States disputes: mandatory individual arbitration

This arbitration agreement is between you and Kiwi Tree. It applies if you reside in the United States when you validly agree to these Terms and have legal capacity to do so, subject to mandatory protections that apply to you. It does not establish a minor’s capacity, remove a minor’s right to disaffirm where law provides one, or treat a child’s checkbox as a parent’s agreement. Consumers outside the United States are not required by these Terms to accept pre-dispute arbitration.

Except for the exceptions stated below, you and Kiwi Tree agree that disputes, claims and controversies between us arising from Dear Mori, its digital purchases, this agreement, related communications or our handling of data in connection with the app will be resolved exclusively by final, binding individual arbitration. This includes contract, tort and statutory claims within the lawful scope of this agreement. For covered claims, both parties give up a court or jury trial in favour of arbitration. This provision applies to disputes arising after valid assent; it does not reach unrelated dealings or retroactively capture an already-notified dispute.

The Federal Arbitration Act, 9 U.S.C. sections 1–16, governs interpretation and enforcement of this arbitration agreement. Applicable substantive law and non-waivable consumer protections remain in force. You may reject arbitration through the 30-day opt-out below. Unless you validly opt out, covered disputes remain subject to this arbitration agreement and its stated exceptions.

Your 30-day choice to opt out of arbitration

You may opt out by sending a clear written statement that you reject Dear Mori’s arbitration agreement within 30 calendar days after you first validly agree to it. The window begins with your first valid local or account acceptance, whichever comes first. Email support@ohmymori.com with the subject “Arbitration opt-out”. Include your name, mailing address and the email associated with a Dear Mori account, if you have one.

You do not need an account, purchase, lawyer, special form or another Terms acceptance to send this notice. Do not send passwords, private journal entries or full payment-card details. Your email must be delivered within the 30-day window. Keep available sending or delivery information. Preparing an email does not send it; send it from your email app. We may seek reasonable clarification, but a timely, reasonably identifiable notice clearly rejecting arbitration is not invalid merely because of a technical defect.

An effective opt-out means neither you nor Kiwi Tree may compel the other to arbitrate under this agreement. The associated arbitration-only class, collective and representative proceeding restriction also does not apply to you. The remaining Terms, including lawful liability and indemnity provisions, continue to apply. Opting out does not cancel your account, remove paid entitlements or prevent ordinary app use, purchases, refunds, restoration, deletion or privacy requests.

A later routine acceptance of Terms, account sign-in or switch, reinstall or change of device does not revoke a valid opt-out or by itself restart this window. We will not use an ordinary Terms acceptance to reinstate arbitration after you have effectively opted out. Any future agreement to reinstate it must be separate, express and lawful. We will confirm an effective opt-out; its validity does not depend on our acknowledgment. Contact support if confirmation is missing or you need a correction.

Prepare an arbitration opt-out email

Notice and informal resolution before arbitration

Before starting a covered arbitration, the claimant must give the other party a written notice reasonably describing the dispute, the requested remedy and a way to reply. A notice to Kiwi Tree may be sent to support@ohmymori.com with the subject “Notice of dispute”. Include your name and, if relevant, the account email or a purchase reference sufficient to identify the issue. No lawyer, special form, notarization, password, complete payment-card details or private journal content is required.

Kiwi Tree will send its notice to your available account/contact address or another lawful notice route. Both parties will make a good-faith effort to resolve the issue for 30 calendar days after receipt. This is not a compulsory paid mediation or an in-person meeting. If unresolved, either party may initiate arbitration under the rules below. Preparing an email does not send notice until you send it.

An email notice is received when it is delivered to the designated email address; receipt does not depend on an acknowledgment or whether someone opens it. A bounced email is not delivered. Keep reasonable delivery information if available. If delivery or its date is disputed, the good-faith notice and protective-filing safeguards below still apply; do not wait past a legal deadline while seeking acknowledgment.

Applicable limitation periods are tolled during this 30-day process to the extent legally permitted. A party may make a protective filing to preserve a deadline if tolling is unavailable or uncertain. This process does not delay urgent interim relief, regulator complaints, statutory notices, privacy requests, platform refund procedures or the small-claims/public-injunction exceptions below. A reasonable good-faith effort to provide the necessary information is sufficient; technical notice defects do not automatically forfeit a claim.

Administrator, rules, costs and hearings

The American Arbitration Association (AAA) will administer covered disputes under its Consumer Arbitration Rules in effect when the administrative filing requirements are met, as provided by those rules, subject to the express terms here and applicable mandatory law. One neutral arbitrator will decide the merits. The AAA’s applicable Mass Arbitration Supplementary Rules may govern administration when their criteria are met; using those procedures does not make an individual claim a class arbitration.

AAA Consumer Arbitration Rules and fee schedules

AAA consumer dispute information and filing help

You may request a copy of the applicable rules from support@ohmymori.com. Your arbitration filing fees and any share of arbitrator compensation are limited to what the AAA Consumer Arbitration Rules and applicable law permit a consumer to pay. Kiwi Tree pays the remaining fees, administration charges, arbitrator compensation and expenses allocated to the business. Applicable hardship waivers and any additional payment required to keep arbitration accessible remain available. The company will not use the indemnity clause to shift its required arbitration costs to you.

If the arbitrator determines that a claim or counterclaim was brought for harassment or is patently frivolous, or applicable law requires a different allocation, the arbitrator may order payment or reimbursement only as the AAA Consumer Arbitration Rules and applicable law allow. You must reimburse amounts Kiwi Tree advanced only to the extent a valid ruling makes those amounts your responsibility. An unsuccessful claim is not, by itself, harassment or a patently frivolous claim. Kiwi Tree cannot decide that you owe these costs unilaterally, deduct them from your Petals, or withhold its required payments while seeking a ruling.

Each party ordinarily bears its own legal fees, except where applicable law permits or requires an award. The arbitrator retains authority to award statutory legal fees and costs to an eligible consumer, and to apply lawful sanctions for a frivolous or bad-faith proceeding. Merely losing a claim does not make it frivolous, and these Terms do not create a general loser-pays rule for consumers.

Arbitration may proceed on documents, by telephone or video, or through a hearing as allowed by the consumer rules and fairness requirements. An in-person hearing must be reasonably convenient to the consumer under those rules, ordinarily in the consumer’s county of residence unless the parties agree otherwise after the dispute arises. Reasonable disability accommodations and information exchange needed to present the claim must be available. The arbitrator must issue a reasoned written award and may grant the relief available for an individual claim under applicable law, subject to the preserved exceptions below. A court of competent jurisdiction may enter judgment on the award; judicial review remains as provided by law.

If AAA is unavailable for a reason unrelated to a party’s noncompliance, the parties may agree on another neutral consumer administrator. Kiwi Tree cannot choose a substitute unilaterally. If no substitute is mutually agreed, either party may proceed in a court of competent jurisdiction. If AAA declines or closes a case because Kiwi Tree has not paid required fees, registered or supplied a compliant clause, or otherwise satisfied the administrator’s requirements, available court access and other remedies are preserved under the rules and law; this clause does not compel an indefinite wait.

Waiver of class, collective and representative proceedings

For claims properly subject to the arbitration agreement where you have not effectively opted out, you and Kiwi Tree agree to proceed only in an individual capacity, and not as a class representative or member or in a collective or representative proceeding. An arbitrator may resolve only the individual claims of the parties before that arbitrator and may not conduct class arbitration or consolidate separate claimants’ merits without all affected parties’ written agreement after the dispute arises.

This restriction does not waive a right or means of enforcement that applicable law makes non-waivable, prevent an individual from using the same lawyer as other claimants, eliminate applicable AAA mass-filing administration, or bind absent users to another person’s result. It is not an independent waiver of jury or class rights for disputes outside the lawful scope of the arbitration agreement. The following exceptions take priority over this paragraph.

Claims, remedies and court questions that remain available

A court, not an arbitrator, decides whether an agreement was formed, whether a party had capacity to agree, the enforceability and scope of the arbitration/class-waiver provisions, and whether a mandatory exception applies, including questions reserved to courts by 9 U.S.C. section 402. This allocation controls over a contrary delegation in incorporated rules. The arbitrator decides the merits of claims properly sent to arbitration.

If an individual-proceeding restriction is unenforceable for a particular claim or requested remedy, only that affected claim or remedy proceeds in court unless law requires otherwise; there is no agreement to class arbitration. Other separable, validly arbitrable claims remain individual. A court may stay or sequence proceedings only as law permits, without extinguishing or indefinitely obstructing a preserved remedy. If the arbitration agreement itself cannot be enforced, the affected dispute may proceed in court.

Governing law and other terms

California law governs this agreement, excluding choice-of-law rules only to the extent that exclusion is lawful, while the Federal Arbitration Act governs arbitration as described above. Consumers retain mandatory protections of the law that applies to them, including protections and local forums that cannot be displaced by contract. For disputes properly proceeding in court, use a court with lawful jurisdiction and venue; this agreement does not require a protected consumer to travel to California.

These Terms and the incorporated Purchases and Refunds terms constitute the agreement about app use, subject to applicable platform terms and separate third-party licences. A privacy notice is not an agreement to optional processing or a waiver of legal privacy protections. No oral assurance displaces this agreement unless applicable law or an authorized express commitment gives it that effect.

You may not assign this agreement or transfer account-specific digital entitlements without permission except where law permits it. Kiwi Tree may assign the agreement with a lawful business transfer only if the successor assumes the applicable obligations, required notices are given and your mandatory rights and paid entitlements are preserved.

Subject to the specific arbitration severability rules, an unlawful provision is ineffective to the extent of the defect and independent lawful provisions may remain effective. Failure to enforce a provision once is not a general waiver. No third party gains rights under this agreement except a person expressly protected by the licence, liability or indemnity clauses, and only within that protection’s lawful scope. Third-party platforms remain responsible under their own agreements and applicable law.

Clauses concerning intellectual-property ownership, permitted use of product suggestions, accrued payment obligations, lawful liability limits, covered indemnity and resolution of disputes survive the end of use to the extent their purpose requires. Survival does not authorize retention of personal information beyond the applicable retention rules or change the promised deletion of account Terms records. Contact support@ohmymori.com for notices and questions.