DAILY MIMI — AI JOURNALING APP

TERMS OF SERVICE & USER AGREEMENT

Effective Date: August 12, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE DAILY MIMI APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THIS APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS APP.

1. ABOUT THIS APP AND THESE TERMS

Daily MIMI ("the App", "we", "us", or "our") is an AI-powered journaling and emotional intelligence coaching tool operated by Commander Mimi LLC, a Wyoming Limited Liability Company.

These Terms of Service ("Terms") govern your access to and use of the App. By using the App you confirm that you are at least 18 years of age and that you have the legal capacity to enter into a binding agreement. The App is not intended for, and may not be used by, anyone under 18.

2. NOT A SUBSTITUTE FOR PROFESSIONAL HELP

THIS IS THE MOST IMPORTANT SECTION. PLEASE READ IT IN FULL.

The App is an emotional intelligence coaching and journaling tool. It is NOT:

The AI in this App, including the "Athena" and "Commander Mimi" coaching personas (the voices of the Daily MIMI app), is an artificial intelligence language model. It does not hold a professional license. It cannot diagnose mental health conditions. It cannot replace the clinical judgment of a trained human professional. The responses it generates are automated and may be inaccurate, incomplete, or inappropriate for your specific situation.

IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, SUICIDAL THOUGHTS, OR ARE IN IMMEDIATE DANGER, STOP USING THIS APP AND:

We do not monitor conversations in real time. We cannot dispatch help. We are not responsible for outcomes arising from reliance on AI-generated responses in emergency situations.

3. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMANDER MIMI LLC, A WYOMING LIMITED LIABILITY COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED — WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW. This includes, in jurisdictions where such protections apply, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and any other liability that cannot lawfully be excluded. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability is limited to the maximum extent permitted by law.

SUBJECT TO THE PARAGRAPH ABOVE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

4. AI LIMITATIONS AND NO WARRANTY

The App uses artificial intelligence to generate responses. You acknowledge and agree that:

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5. USER RESPONSIBILITIES

You agree that you are solely responsible for:

You agree not to:

6. SUBSCRIPTIONS AND PAYMENTS

6.1 Plans

The App offers the following tiers:

Plan contents and limits are described in the App and may be updated from time to time. We reserve the right to modify the limitations of the Free tier at any time.

6.2 Pricing

Prices are displayed in the App and on the App Store at the time of purchase, in your local currency and inclusive of any applicable taxes. Prices vary by region and are subject to change. Any price change to an existing auto-renewing subscription will be handled through Apple's price-change process, and where Apple requires your consent, your subscription will not renew at the new price unless you provide it.

6.3 Billing and Auto-Renewal

Paid subscriptions are auto-renewing subscriptions sold through the Apple App Store and managed with the assistance of RevenueCat. By subscribing you agree that:

6.4 Refunds

All purchases are processed by Apple. Refunds are handled by Apple in accordance with the Apple Media Services Terms and Conditions, and we cannot issue refunds directly. We do not provide refunds for partial subscription periods, except where required by applicable law.

7. DATA, PRIVACY, AND SECURITY

Your privacy matters to us. The following applies to your data:

7.1 Service Providers

To operate the App we share the minimum necessary data with the following processors: Google Firebase (authentication and database), Anthropic (AI coaching responses), OpenAI (voice transcription and semantic search embeddings), Qdrant (encrypted memory storage), RevenueCat (subscription management), and Vercel (hosting). These providers process your data on our instructions and do not use it to train their models. Data is processed in the United States.

7.2 Data Protection Law

We will process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Where the GDPR, the UK GDPR, or similar legislation applies to you, you have rights of access, rectification, erasure, restriction, portability, and objection. To exercise any of these rights, contact us at mimi@commandermimi.com. Details of the legal bases we rely on, our retention periods, and international transfers are set out in the Privacy Policy.

7.3 Safety Disclosures

In extreme safety situations — where there is a credible and imminent risk of serious harm to you or others — we reserve the right to disclose information to emergency services or appropriate authorities without your prior consent, to the extent permitted or required by law. We do not monitor conversations in real time and cannot guarantee that we will become aware of any such situation.

8. SAFETY RESOURCES

The App is designed to support users navigating difficult relationship dynamics. Where your messages indicate a risk of harm, the AI is instructed to surface crisis and domestic violence hotline numbers and to direct you to emergency services.

This behaviour is produced by an AI language model and cannot be guaranteed. It is probabilistic, depends on how the model interprets your messages, and may fail to trigger, trigger late, or provide resources that are not appropriate for your country. It is not a safety feature you should rely on. The App does not monitor your conversations in real time, does not alert anyone on your behalf, and is not a crisis service.

The hotline numbers listed in Section 2 of these Terms are always available to you independently of the App. If you are in immediate danger, contact emergency services directly.

9. INTELLECTUAL PROPERTY

All content, design, trademarks, and intellectual property within the App — including the Daily MIMI brand, the Commander Mimi brand, the MIMI Method framework, and the Athena coaching persona — are owned by or licensed to Commander Mimi LLC. You may not copy, reproduce, distribute, or create derivative works from any App content without our express written permission.

Your journal entries remain your property. You grant us a limited, non-exclusive licence to process your entries solely for the purpose of providing AI coaching responses to you.

10. TERMINATION

We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in conduct we determine, in our sole discretion, to be harmful to other users, to us, or to third parties.

You may terminate your account at any time by deleting it within the App. Upon termination, your data will be permanently deleted in accordance with our Privacy Policy. Deleting your account does not automatically cancel an active subscription purchased through the App Store — you must cancel it separately in your Apple ID subscription settings.

11. CHANGES TO THESE TERMS

We may update these Terms from time to time. Material changes will be notified through the App or by other reasonable means before they take effect. The Effective Date at the top of these Terms indicates when they were last revised. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

12. APPLE APP STORE TERMS

The following applies where you obtained the App from the Apple App Store. In the event of any conflict, this section prevails over the rest of these Terms.

  1. Acknowledgement. These Terms are concluded between you and Commander Mimi LLC only, and not with Apple Inc. ("Apple"). Commander Mimi LLC, not Apple, is solely responsible for the App and its content.
  2. Scope of Licence. The licence granted to you for the App is a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and Support. Commander Mimi LLC is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
  4. Warranty. Commander Mimi LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Commander Mimi LLC.
  5. Product Claims. Commander Mimi LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  6. Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Commander Mimi LLC, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
  7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address. Commander Mimi LLC, a Wyoming Limited Liability Company. Questions, complaints, or claims with respect to the App should be directed to mimi@commandermimi.com.
  9. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App.
  10. Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

13. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles.

Any disputes arising from these Terms or your use of the App shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST US.

Consumers outside the United States. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you non-waivable protections, nothing in this section deprives you of those protections. You retain the benefit of any mandatory consumer protection provisions of the law of your country of residence, including the right to bring proceedings in the courts of that country, and the arbitration and class action waiver provisions above do not apply to you to the extent they conflict with that law.

14. GENERAL

15. CONTACT

If you have questions about these Terms, please contact us at:

Commander Mimi LLC mimi@commandermimi.com

⚔️ Daily MIMI — Built with love. Use with wisdom.