Effective date: December 16, 2023
Welcome to Lid
Acceptance of Terms
Changes to Terms
We reserve the right to modify these Terms as our Services evolve. Changes will be communicated through our website, email, or other means.
Privacy and Data Use
Use of Artificial Intelligence (AI)
AI Services and Providers
Lid utilizes advanced Artificial Intelligence (AI) technologies provided by OpenAI and Google to enhance the user experience. Our AI-driven features include transforming spoken reflections into written journal entries and generating personalized audio reflections.
Data Handling and Privacy
AI Limitations and User Responsibility
While we strive for accuracy and relevance in AI-generated content, Lid does not guarantee that the AI’s output will always be accurate, complete, or appropriate. Users are responsible for reviewing and confirming the AI-generated content before relying on it.
Third-Party AI Providers
Our use of third-party AI services, such as those from OpenAI and Google, means that your data may be processed by these providers as necessary for the functionality of Lid. We do not control and are not responsible for the data processing practices of these third parties.
No Liability for AI Errors
Lid, its affiliates, and its service providers (including OpenAI and Google) shall not be liable for any errors, inaccuracies, or the appropriateness of AI-generated content or for any decisions made based on such content. Users should use their own judgment in making use of the AI-generated content and features.
Changes to AI Services
Lid reserves the right to modify, replace, or discontinue the AI services or switch AI providers at any time without prior notice. This may be done to improve the Services, comply with laws, or for other business reasons.
User Consent for AI Use
By using Lid’s Services, you consent to the processing of your data by the AI technologies of OpenAI, Google, and any other AI services we may use. You acknowledge and agree to the processing of your data by these AI technologies as part of your use of the Services.
- Account Registration: Provide accurate and current information when creating your Lid account.
- Eligibility: Use of the Services is limited to individuals of legal age or those with guardian consent.
- Lawful Use: You agree to use the Services lawfully and responsibly.
User ID and Account Security (Apple Login)
Responsibility for Account Security: You are responsible for maintaining the security of your account and the information you provide to access the Services, whether it’s through Apple ID or any other future methods Lid may offer. You agree to immediately notify Lid of any unauthorized use of your account or any other breach of security.
Prohibited Account Use: You agree not to use your account or the Services for any illegal or unauthorized purpose. Your use of the Services must comply with all laws, rules, and regulations applicable to you.
Account Integrity: You should ensure the information provided for your account, whether through Apple ID or other methods, is complete, accurate, and updated regularly. Lid is not liable for any loss or damage arising from inaccurate account information.
Transfer of Accounts: Your account is personal and non-transferrable. The use of someone else’s account or the transfer of your account to another party is strictly prohibited without express consent from Lid.
Security of Third-Party Login Credentials: If you use a third-party login (such as Apple ID) to access Lid, it is your responsibility to safeguard those credentials. Lid is not responsible for any loss or damage arising from unauthorized use of your third-party login credentials.
User Conduct and Content
You are responsible for your conduct and the content you share. Do not use the Services to infringe on rights or spread harmful content.
Restrictions on Service Use
You agree not to use the Lid services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Specifically, you agree not to:
- Engage in any activity that is illegal or violates the rights of others.
- Use the Services for any unauthorized, fraudulent, or malicious purpose.
- Attempt to gain unauthorized access to any user accounts, computer systems, or networks associated with Lid.
- Use any automated means, including robots, crawlers, or data mining tools, to download, monitor, or use data or content from the Services.
- Introduce viruses, worms, trojan horses, ransomware, or other harmful code to the Services.
- Attempt to circumvent any content-filtering techniques or security measures that Lid employs.
- Engage in any action that imposes an unreasonable or disproportionately large load on Lid’s infrastructure, or otherwise interfere with the proper working of the Services.
Violations of system or network security may result in civil or criminal liability. Lid will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Intellectual Property Rights of the Service
The Services and all rights therein, including, without limitation, intellectual property rights such as copyrights, trademarks, trade secrets, patents, and all other proprietary rights, are owned by or licensed to Lid. The Lid name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Lid or its affiliates or licensors. You must not use such marks without the prior written permission of Lid. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Except as expressly set forth in these Terms, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Services or any intellectual property rights therein. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as necessary to use the Services for their intended purpose.
You retain rights to your submissions but grant Lid a license to use them for operating and promoting the Services.
Service Changes and Termination
Lid may modify or discontinue Services at its discretion. Your account may be terminated for violating these Terms.
Fees and Subscription
Premium Subscription Services
Lid offers a Premium Subscription service, available on a monthly or annual payment basis. Subscribers to the Premium service gain access to advanced features, including but not limited to the ability to review past journal entries and use password-protected journals.
The fees for the Premium Subscription are charged on a recurring basis. The specific amount and billing frequency (monthly or annually) depend on the subscription plan selected by the user. All fees are clearly communicated at the time of subscription and are subject to change with prior notice to subscribers.
Your Premium Subscription will automatically renew at the end of each subscription period, and your chosen payment method will be charged accordingly, unless you cancel the subscription prior to the renewal date. We will provide a reminder before any automatic renewal with details regarding price and terms.
Cancellation and Refunds
Subscribers may cancel their Premium Subscription at any time. The cancellation will take effect at the end of the current billing period. Refunds for cancellation are not provided for the remaining portion of the billing period, except as may be required by applicable law.
Lid may offer free trials of the Premium Subscription for a limited time. Upon expiration of the free trial, unless cancelled, the subscription will automatically convert to a paid subscription and your payment method will be charged accordingly.
We accept various forms of payment, as indicated during the subscription process. It is your responsibility to ensure that all payment information is accurate and up to date. In the event of a failed payment, your Premium Subscription may be suspended until payment is successfully processed.
Changes to Subscription Fees
Lid reserves the right to modify subscription fees or introduce new charges for its Services, with reasonable advance notice provided to existing subscribers. Continued use of the Premium Subscription after any fee change becomes effective constitutes your agreement to pay the modified subscription fee amount.
Responsibility for Fees
You are responsible for all charges associated with your Lid account, including any applicable taxes, fees, or surcharges imposed by governmental authorities.
Dispute Resolution: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any paid services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your paid services at any time, go to account settings or, for mobile applications, cancel your subscription in the subscription management section of the applicable App Store. If you terminate a paid service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paod service through your account settings or terminate your Lid account before the end of the recurring term. Paid services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Lid will not refund any fees that you have already paid.
Arbitration Agreement. Please read the following
ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Lid and limits the manner in which you can seek relief from Lid. Both you and Lid acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Lid’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Lid will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Lid will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Lid may assert claims, if they qualify, in small claims court in Los Angeles, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, YOU AND WHOLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Lid are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Lid over whether to vacate or enforce an arbitration award, THE EXTENT PERMITTED BY LAW, YOU AND WHOLE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Lid is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: C/O WHOLE 723 S. Ave. 60, Los Angeles CA 90042 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Lid to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Lid agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Lid.
You agree to indemnify, defend, and hold harmless Lid, its affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Services from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you or any other person accessing the Services using your account. This includes, without limitation, any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
You also agree to indemnify, defend, and hold harmless the Lid Parties from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your use of the Services or Content, or your violation of these Terms or any laws.
Lid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lid in asserting any available defenses.
Limitation of Warranties
THE SERVICES PROVIDED BY LID ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Lid does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. Lid does not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise.
No oral or written information or advice given by Lid or its authorized representatives shall create a warranty or in any way increase the scope of this warranty. You expressly agree that your use of the Services is at your sole risk.
COPPA (Children’s Online Privacy Protection Act)
Lid complies with the requirements of the Children’s Online Privacy Protection Act. We do not knowingly collect personal information from children under the age of 13 without obtaining verifiable parental consent. If we become aware that a user is under the age of 13 and has provided us with personal information without prior verifiable parental consent, we will remove his or her personal information from our files. For more information regarding COPPA and your child’s privacy rights, please visit the Federal Trade Commission’s website.
Limitations of Liability
To the fullest extent permitted by applicable law, Lid, its affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers (collectively, the “Lid Parties”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the Services; (b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content.
In no event shall the aggregate liability of the Lid Parties exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid Lid, if any, in the past six months for the Services giving rise to the claim.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not the Lid Parties have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
These Terms constitute the entire agreement between you and Lid and supersede prior agreements or understandings about the Services.