Terms of Service

Effective Date: December 21, 2025

Last Updated: December 21, 2025

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING DROWSY. BY USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APPLICATION.

1. Acceptance of Terms

By downloading, installing, accessing, or using Drowsy ("the App," "Service," or "Application"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy.

If you do not agree to these Terms, you must immediately stop using the App and delete it from your device.

Your continued use of the App constitutes ongoing acceptance of these Terms as they may be modified from time to time.

2. Description of Service

Drowsy is a dream journaling application that provides:

  • Dream recording and storage functionality
  • AI-generated dream interpretations powered by third-party services
  • Pattern tracking and visualization features
  • Optional cloud synchronization

THE APP IS PROVIDED SOLELY FOR ENTERTAINMENT AND PERSONAL JOURNALING PURPOSES.

3. CRITICAL DISCLAIMERS

3.1 NOT PROFESSIONAL ADVICE

DROWSY IS NOT AND DOES NOT PROVIDE:

  • Medical advice or diagnosis
  • Psychological or psychiatric advice, diagnosis, or treatment
  • Therapeutic or counseling services
  • Mental health assessment or treatment
  • Legal advice
  • Financial advice
  • Professional advice of any kind

ALL AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO DREAM INTERPRETATIONS, INSIGHTS, ANALYSES, PATTERNS, AND RECOMMENDATIONS, IS PROVIDED SOLELY FOR ENTERTAINMENT AND PERSONAL REFLECTION PURPOSES AND MUST NOT BE RELIED UPON FOR ANY DECISION-MAKING.

3.2 AI LIMITATIONS AND RISKS

You expressly acknowledge and agree that:

  • AI-generated interpretations may be inaccurate, incomplete, misleading, inappropriate, or entirely wrong
  • AI systems can produce unexpected, unpredictable, or harmful outputs
  • AI interpretations are based on statistical patterns and have no understanding of your actual situation, mental state, or circumstances
  • The AI has no ability to assess your mental health, emotional state, or wellbeing
  • AI outputs should NEVER be used as a substitute for professional consultation
  • We have no control over the specific outputs generated by third-party AI services
  • AI technology is experimental and evolving, with known and unknown limitations

3.3 MENTAL HEALTH WARNING

IF YOU ARE EXPERIENCING:

  • Depression, anxiety, or other mental health concerns
  • Suicidal thoughts or thoughts of self-harm
  • Thoughts of harming others
  • A mental health crisis of any kind
  • Distressing emotions or psychological disturbance

STOP USING THIS APP IMMEDIATELY AND CONTACT:

  • Emergency services (911 in the US)
  • A mental health professional
  • A crisis helpline
  • A trusted healthcare provider

THIS APP IS NOT EQUIPPED TO HANDLE MENTAL HEALTH EMERGENCIES AND CANNOT PROVIDE APPROPRIATE SUPPORT FOR MENTAL HEALTH CONCERNS.

3.4 NO DOCTOR-PATIENT OR THERAPEUTIC RELATIONSHIP

Use of this App does not create any doctor-patient, therapist-client, counselor-client, or any other professional relationship between you and Drowsy, its owners, operators, employees, affiliates, or any third-party service providers.

4. ASSUMPTION OF RISK

By using this App, you expressly acknowledge, understand, and agree that:

  1. You use this App entirely at your own risk
  2. You are solely responsible for any decisions or actions you take based on any content provided by or through the App
  3. You will not rely on AI-generated content for any important decisions
  4. You understand the limitations of AI technology
  5. You accept full responsibility for your mental and emotional wellbeing
  6. You will seek professional help for any health-related concerns
  7. Any reliance on App content is at your sole risk and discretion

5. DISCLAIMER OF WARRANTIES

5.1 "AS IS" AND "AS AVAILABLE"

THE APP AND ALL CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

5.2 SPECIFIC DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DROWSY AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "DROWSY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement
  • WARRANTIES OF ACCURACY - We do not warrant that any content, including AI-generated content, is accurate, complete, reliable, current, or error-free
  • WARRANTIES OF AVAILABILITY - We do not warrant that the App will be uninterrupted, timely, secure, or error-free
  • WARRANTIES OF RESULTS - We do not warrant that the results obtained from use of the App will be accurate, reliable, or meet your requirements
  • WARRANTIES OF SECURITY - We do not warrant that the App or our servers are free of viruses, bugs, vulnerabilities, or other harmful components
  • WARRANTIES OF DATA INTEGRITY - We do not warrant that your data will be preserved, backed up, or recoverable
  • WARRANTIES REGARDING THIRD PARTIES - We do not warrant the actions, products, or services of any third party, including AI service providers

5.3 NO ENDORSEMENT

Any information, content, or recommendations provided through the App do not constitute an endorsement, recommendation, or guarantee by Drowsy.

6. LIMITATION OF LIABILITY

6.1 EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DROWSY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

  • Direct damages
  • Indirect damages
  • Incidental damages
  • Special damages
  • Consequential damages
  • Exemplary damages
  • Punitive damages
  • Loss of profits, revenue, or income
  • Loss of data or data breach
  • Loss of use or functionality
  • Loss of goodwill or reputation
  • Cost of substitute services
  • Personal injury or death
  • Emotional distress or psychological harm
  • Property damage
  • Any other damages of any kind

ARISING OUT OF OR RELATED TO:

  • Your use of or inability to use the App
  • Any content provided through the App, including AI-generated content
  • Any errors, mistakes, or inaccuracies in the App or its content
  • Any unauthorized access to or use of our servers or your data
  • Any bugs, viruses, or harmful code transmitted through the App
  • Any interruption or cessation of the App
  • Any actions or decisions you make based on App content
  • Any third-party services, content, or conduct
  • Any security vulnerabilities or data breaches
  • Any matter relating to the App

REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER SUCH DAMAGES WERE FORESEEABLE.

6.2 CAP ON LIABILITY

IF, NOTWITHSTANDING THE FOREGOING, ANY DROWSY PARTY IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, THE DROWSY PARTIES' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

(A) FIFTY U.S. DOLLARS ($50.00 USD), OR
(B) THE TOTAL AMOUNT YOU PAID TO DROWSY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6.3 ESSENTIAL BASIS

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION:

  • Are an essential element of the agreement between you and Drowsy
  • Reflect a fair allocation of risk
  • Form the basis of the bargain between you and Drowsy
  • Would not be made available without such limitations
  • Shall apply even if any remedy fails of its essential purpose

6.4 JURISDICTIONAL VARIATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN SUCH CASES, THE LIABILITY OF THE DROWSY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. INDEMNIFICATION

7.1 Your Indemnification Obligation

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE DROWSY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, EXPENSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:

  • Your access to or use of the App
  • Your breach or alleged breach of these Terms
  • Your violation of any applicable law, regulation, or third-party right
  • Your User Content
  • Any dispute between you and any third party
  • Any decisions or actions you take based on App content
  • Any claim that your use of the App caused damage to a third party
  • Your negligence or willful misconduct

7.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any such claim. You shall not settle any claim without our prior written consent.

8. DISPUTE RESOLUTION

8.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at hello@drowsyjournal.com and attempt to resolve the dispute informally for at least thirty (30) days.

8.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

The arbitration shall be conducted:

  • By a single arbitrator
  • In the English language
  • In Wilmington, Delaware, or at another mutually agreed location
  • On an individual basis (not as a class action)

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

8.3 CLASS ACTION WAIVER

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

You expressly waive any right to:

  • Participate in a class action lawsuit against Drowsy
  • Participate in class-wide arbitration
  • Serve as a representative or member of any class of claimants
  • Consolidate claims with those of other users

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

8.4 Exceptions

Notwithstanding the above, either party may:

  • Seek injunctive or equitable relief in any court of competent jurisdiction
  • Bring claims in small claims court if the claim qualifies

8.5 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.

9. RELEASE OF CLAIMS

BY USING THE APP, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE DROWSY PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES, OR DAMAGES OF ANY KIND (whether known or unknown, suspected or unsuspected, disclosed or undisclosed) arising out of or in any way connected with:

  • Your use of the App
  • Any AI-generated content
  • Any data loss or security incident
  • Any emotional, psychological, or mental effects
  • Any decisions or actions taken based on App content

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

10. SECURITY AND DATA

10.1 No Security Guarantee

We implement reasonable security measures but DO NOT GUARANTEE that the App or your data will be secure. You acknowledge that:

  • No system is completely secure
  • Data transmission over the internet is inherently insecure
  • We are not responsible for any unauthorized access to your data
  • You use the App at your own risk regarding data security

10.2 Data Loss

We are NOT LIABLE for any loss, corruption, or unauthorized access to your data, whether caused by system failures, security breaches, user error, third-party actions, or any other cause.

10.3 Third-Party Services

The App uses third-party services (including AI providers, cloud infrastructure, and payment processors). We are NOT LIABLE for any actions, errors, outages, or data handling by these third parties.

11. USER RESPONSIBILITIES AND AGE REQUIREMENTS

11.1 Age Rating

Drowsy is rated 4+ on the Apple App Store and is suitable for users of all ages. The App does not contain objectionable content.

11.2 Parental Guidance

For users under 18 years of age, parental guidance is recommended. Parents or guardians are responsible for monitoring their children's use of the App.

11.3 User Responsibilities

You agree that you:

  • Are solely responsible for your use of the App
  • Will not rely on AI content for important decisions
  • Will seek professional help for health concerns
  • Are responsible for maintaining your own mental health and wellbeing
  • Will comply with all applicable laws
  • If under 18, have parental permission to use this App

12. TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the App ceases immediately.

13. GOVERNING LAW

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

14. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Drowsy regarding the App and supersede all prior agreements.

16. MODIFICATIONS

We reserve the right to modify these Terms at any time. Material changes will be notified through the App. Continued use after changes constitutes acceptance.

17. CONTACT

Questions about these Terms: hello@drowsyjournal.com

ACKNOWLEDGMENT

BY USING DROWSY, YOU ACKNOWLEDGE THAT:

  1. You have read and understood these Terms
  2. You agree to be legally bound by these Terms
  3. You understand that AI content is for entertainment only
  4. You will not hold Drowsy liable for any damages
  5. You waive your right to participate in class actions
  6. You agree to resolve disputes through arbitration
  7. You assume all risks associated with using the App

Last Updated: December 21, 2025