MOUTON TERMS AND CONDITIONS AND PRIVACY POLICY

1. Welcome and Agreement

Welcome to Mouton, your personal self-reflection platform. Mouton provides you with a space to document your thoughts and receive supplementary insights from our AI companion, Mouton.

These Terms and Conditions and Privacy Policy outline our relationship, the rules for using our service, and how we handle your personal information.

We may update these Terms from time to time to reflect changes in our practices or for legal, regulatory, or security reasons, including changes to our privacy practices. We'll attempt to notify you about significant changes through the app when possible. Your continued use of Mouton after such modifications constitutes your acceptance of the updated Terms.

If you have questions or concerns about these Terms, please reach out to us using the contact information provided in Section 14.

2. Service Description

2.1 Core Service

Mouton is a premium digital journaling application that offers AI-powered companion responses to your journal entries. Our service allows you to record your thoughts, feelings, and experiences while receiving feedback from our AI companion.

2.2 AI Companion Functionality

The AI companion processes your journal entries to provide personalized responses. The AI may access your previous entries to provide contextual responses and will process any media you share alongside your entries. Responses are created using artificial intelligence technology provided in partnership with OpenAI. The AI companion may be updated or improved over time, and we reserve the right to modify AI functionality without prior notice.

2.3 User Experience

When you create a journal entry, it is transmitted to our secure servers where our AI processes your content and generates a response. Your entries and AI responses are stored for your future reference.

2.4 Service Limitations

AI-generated responses are for general support purposes only.

The service:

2.5 Data Processing

Your journal entries are processed on our servers to enable AI responses. A brief overview of data handling is provided here, with complete details available in Section 5: Data Collection and Privacy.

2.6 Service Modifications

We reserve the right to modify, update, or enhance the Mouton service and its features at any time at our discretion. This includes changes to functionality, AI capabilities, user interface, and any other aspects of the service.

3. Age Restrictions

3.1 Minimum Age Requirement

You must be at least 13 years old to use Mouton. By using our service, you represent and warrant that you are at least 13 years of age. If you are under 13, you may not use Mouton under any circumstances.

3.2 Parental Consent

If you are between 13 and 16 years old and reside in the European Union or other regions where similar laws apply, you must have your parent or legal guardian's permission to use our service. By using Mouton, you confirm that you have received this consent. Parents and guardians who permit eligible children to use the service accept these Terms on their behalf.

3.3 Content Suitability

While we strive to maintain a safe environment, Mouton contains AI-generated responses that may occasionally include content addressing mature themes such as relationships or emotional challenges. Parents and guardians are encouraged to monitor their children's use of the service and discuss appropriate journaling practices.

3.4 Regional Variations

Age requirements may vary by region, and you are responsible for complying with local laws governing online services and data protection in your jurisdiction. Some features may be restricted based on your age and location to ensure compliance with applicable laws.

3.5 Access Termination

If we discover that a user does not meet the minimum age requirement, we reserve the right to terminate access immediately and delete associated data in accordance with applicable laws. We may request age verification if we have reasonable grounds to believe a user does not meet our age requirements.

3.6 No Intentional Appeal to Children

Mouton's services are not designed to appeal specifically to children under the age of 13. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the service.

4. Service Access and Data

4.1 Free Trial and Subscription

Mouton offers a limited free trial period allowing you to experience the basic interface. During this trial, you will not receive Mouton's AI-powered responses to your entries. A subscription is required to unlock the full experience with Mouton's journaling companion features.

4.2 Device-Based Storage

Your journal entries and interaction history are stored locally on your device and synchronized with our servers using a unique device identifier.

4.3 One User Per Device

Each Mouton installation is intended for use by a single individual. You may not share your device access with others or allow multiple users to access the service through your installation.

4.4 Access Restrictions

We reserve the right to restrict, suspend, or terminate your access if we believe you have violated these Terms or are using the service in a manner that could cause harm to Mouton, its users, or third parties.

4.5 Data Deletion

You may request deletion of your data at any time through the app settings. Upon deletion, all your data will be permanently deleted with no possibility of recovery. Please export any data you wish to keep before initiating deletion.

4.6 Inactive Usage

We reserve the right to remove data associated with free trial usage that remains inactive for a period of 3 consecutive months or more. Active subscriptions will maintain data regardless of usage frequency. Upon removal of inactive data, all associated information will be permanently deleted as described in Section 10 (Termination).

5. Data Collection and Privacy

5.1 Types of Data We Collect

Mouton collects and processes a minimal set of data to provide you with our journaling and AI companion service:

5.2 How We Use Your Data

We use your data for the following purposes:

5.3 Data Processing and Storage

Your journal entries are processed on Mouton servers to generate AI companion responses. We partner with OpenAI to provide our AI functionality. When you create a journal entry:

5.4 Data Security

We implement appropriate technical and organizational measures to protect your journal entries and personal data:

In the event of a data breach that may affect your personal information, we will notify you and relevant authorities in accordance with applicable laws, including within 72 hours as required by GDPR where applicable.

5.4.1 User Responsibility for Data Security

You are responsible for maintaining the security of your device and any passwords, biometric information, or other security measures you use to protect your data. Mouton cannot and does not guarantee the security of your device or your personal access controls. We are not liable for any unauthorized access, data leaks, loss, or damage resulting from the failure of your device's security, negligence in managing your security credentials, or other factors beyond our reasonable control.

5.5 Data Retention

We retain your data as follows:

5.6 Your Privacy Rights

Depending on your location, you may have certain rights regarding your personal data under applicable laws. These may include rights to:

To exercise any applicable rights, please contact us using the information in Section 14. We will respond to your request in accordance with applicable laws and our policies.

5.7 International Data Transfers

Your data is stored and processed on AWS servers. When your journal entries are processed by our AI partner (OpenAI), we implement appropriate safeguards to ensure your data is protected in compliance with applicable data protection laws.

5.8 Tracking Technologies

Our mobile application may use device identifiers and similar technologies to collect information about your usage patterns. This helps us improve our service and provide a better user experience. You can manage these settings through your device preferences.

5.9 Children's Privacy

We do not knowingly collect personal information from children under 13. If we learn we have collected personal information from a child under 13, we will delete that information in accordance with applicable law.

5.10 Legal Basis for Processing

We process your personal data on the following legal bases:

5.11 Sensitive Personal Information

While our service does not intentionally collect sensitive personal information (such as health data, religious beliefs, or political opinions), we understand users may include such information in their journal entries. Any sensitive information is processed solely to generate AI companion responses for your personal use and is deleted permanently upon data deletion. We recommend exercising discretion when including highly sensitive personal information in your entries.

6. Content Guidelines and Ownership

6.1 Content Ownership

You retain full ownership and intellectual property rights to all journal entries and content you create using Mouton. Your thoughts, reflections, and personal content belong to you, not us. We make no claim of ownership over your journal entries at any time during or after your use of our service.

6.2 License to Mouton

By using our service, you grant Mouton a limited, non-exclusive license to process your journal entries solely for the purpose of generating AI companion responses for your personal use. This license allows us only to use your content to provide the specific services you request. This license automatically terminates when your content is deleted.

6.3 Private Nature of Content

Your journal entries are private. Mouton does not read, review, or moderate the content of your journals. Any processing of your content is done solely to provide the service functionality you expect. Your entries are not used to train AI models beyond generating responses for your personal use, and we do not use your content to improve our service for other users.

6.4 Content Export

Mouton allows you to export your journal entries as PDF files. We recommend maintaining personal backups of any content that is important to you. Please note that once you delete your data or specific entries, this content cannot be recovered by Mouton as we do not maintain backups of deleted content.

6.5 Legal Compliance

While your privacy is important to us, we may comply with valid legal orders if required by law. In such cases, we will notify you of these requests when legally permitted to do so and will share only what is legally required, protecting your privacy to the fullest extent possible under the circumstances.

6.6 Content Limitations

While we don't actively moderate your journal content, our AI companion responses follow OpenAI's content policies. This means certain types of content may not receive AI responses based on standard moderation systems. These limitations do not restrict what you can write in your journal—only whether certain content receives an AI response.

As detailed in this section, you retain ownership of all content you create, while Mouton retains ownership rights to the AI companion responses and all app-related intellectual property. For additional intellectual property matters, see Section 12.

7. AI-Generated Content

7.1 Nature and Limitations of AI Responses

The AI companion responses are generated through automated processes using artificial intelligence. These responses are:

The AI companion is provided for general reflection purposes only. It cannot and does not provide professional advice in any field. AI responses may be inaccurate, irrelevant, or inappropriate in some circumstances.

7.2 Ownership of AI Responses

Mouton retains ownership of all AI-generated responses. Your access to AI responses is tied to your subscription status. AI responses can be exported as part of your journal entries as described in Section 6.4.

7.3 Content Moderation

AI responses are subject to content moderation systems. This means:

7.4 Reporting Problematic Responses

If you receive an AI response you find harmful, inaccurate, or inappropriate, please report it to our team using the contact information provided in Section 14. We will review reported AI responses and take appropriate action when necessary, though reporting does not guarantee removal or alteration of AI-generated content.

7.5 Service Improvements

We may analyze anonymized patterns and metrics to improve our service. Your journal entries will not be used to train general AI models.

8. Subscription and Billing

8.1 Subscription Options

Mouton offers premium access through subscription plans. Each subscription provides full access to all features of the service during the active subscription period.

8.2 Payment Processing

All subscription purchases and recurring payments are processed through mobile platform payment systems (such as Apple App Store or Google Play). Your payment information is handled by these platforms according to their respective privacy policies and terms of service.

8.3 Auto-Renewal

Subscriptions automatically renew for the same duration at the current rate for that plan until canceled. When you cancel a subscription, you will continue to have access to premium features until the end of your current billing period.

8.4 Cancellation

You can manage and cancel your subscription at any time through your device's app store settings. To avoid charges for the next billing period, please cancel at least 24 hours before the end of the current subscription period.

8.5 Price Changes

We may change subscription prices at our discretion. We will attempt to notify you of any price changes in advance when possible. For existing subscribers, price changes will take effect at the start of the next billing period following the announcement.

8.6 Refunds

Refund requests are subject to the refund policies of the platform through which you purchased your subscription (such as Apple App Store or Google Play). Mouton does not directly process refunds for in-app purchases. To request a refund, please contact the relevant app store's support or follow their refund process.

8.7 Subscription Management

You are solely responsible for managing your subscription status through your device's app store settings. This includes updating payment methods, changing subscription plans, and monitoring renewal dates.

9. Third-Party Services

9.1 AI Technology Partnership

Our AI companion functionality is provided in partnership with OpenAI. When you create a journal entry, your content is processed using OpenAI's technology to generate personalized responses. This processing follows our data protection standards outlined in Section 5. OpenAI's content moderation systems may affect which journal entries receive AI responses. Your entries are never used to train OpenAI's models and are only processed to provide you with companion responses.

9.2 Data Sharing Scope

We limit data sharing with third parties to what is strictly necessary for providing our service. With OpenAI, we share your journal entries solely for the purpose of generating AI companion responses to your specific entries. We do not sell your personal information or journal entries to any third party. Any data shared with third parties is subject to appropriate confidentiality and data protection obligations.

9.3 Third-Party Terms

Your use of Mouton may be affected by the terms and policies of our third-party partners. OpenAI's Terms of Service and Privacy Policy apply to how your content is processed for AI companion responses. We recommend reviewing these terms as they may change independently of our Terms and Conditions. Changes to third-party terms may affect how you can use Mouton.

9.4 Limited Liability

While we carefully select our third-party partners, Mouton is not responsible for:

In case of service disruptions related to third-party services, we will make reasonable efforts to restore functionality as quickly as possible.

9.5 Security Practices

We require our third-party partners to implement reasonable security measures to protect your data. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security of data processed by third parties.

9.6 User Rights

You maintain certain rights regarding your data even when it is processed by third parties:

To exercise these rights, please contact us using the information provided in Section 14.

9.7 Changes to Third-Party Services

If we change our third-party service providers or if there are significant changes to how we share data with existing providers, we will attempt to notify you through the app when possible. Continued use of Mouton after such notification constitutes your acceptance of these changes.

10. Termination

10.1 Termination by User

You may terminate your use of Mouton at any time by canceling your subscription. However, to delete your data, you must specifically request data deletion through the app settings before uninstalling the app. Simply deleting the app will not remove your data from our servers.

10.2 Termination by Mouton

We reserve the right to suspend or terminate your access if:

10.3 Effects of Termination

Upon termination for any reason:

10.4 Survival

Sections related to content ownership, disclaimers, limitations of liability, and governing law will survive termination of these Terms.

10.5 Service Discontinuation

We reserve the right to discontinue or modify the Mouton service at any time without prior notice.

11. Disclaimers and Limitations of Liability

11.1 Service Disclaimers

Mouton is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

11.2 AI Content Disclaimer

The AI companion responses are generated using artificial intelligence technology and:

11.3 Limitation of Liability

To the extent permitted by applicable law, Mouton and its officers, directors, employees, partners, and agents shall not be liable for:

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

11.4 Mental Health Non-Responsibility

Mouton is not a mental health service, crisis intervention tool, or emergency response system. If you are experiencing a mental health crisis, please contact local emergency services, a mental health hotline, or a qualified healthcare professional immediately.

11.5 Release

You release Mouton from claims, demands, and damages arising out of disputes with other users or third parties in connection with your use of the service.

11.6 Consumer Rights

If you are using the service as a consumer, these Terms do not affect your statutory rights that cannot be waived or limited by contract.

12. Intellectual Property Rights

12.1 Mouton's Intellectual Property

The Mouton app, including its name, logo, design, features, and all content not created by users, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, or create derivative works based on our intellectual property without our express written permission.

12.2 AI-Generated Content

We own all rights to the AI companion responses as detailed in Section 7.2, including any intellectual property rights that may subsist in such responses.

12.3 Feedback and Suggestions

If you provide us with feedback or suggestions regarding our service, you grant us the right to use this feedback without restriction or compensation.

12.4 Trademark Notice

Mouton and related logos are trademarks or registered trademarks of our company. Other trademarks appearing in the service belong to their respective owners.

12.5 Copyright Complaints

If you believe your copyrighted work has been used in a way that constitutes copyright infringement, please contact us using the information in Section 14.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and your use of Mouton shall be governed by and construed in accordance with the laws of the European Union and the specific member state in which our company is established, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of Mouton shall first be resolved through informal negotiation. You agree to contact us with your concerns before pursuing formal dispute resolution.

13.3 EU Users

If you are a resident of the European Union, you may also file a complaint with your local data protection authority or pursue dispute resolution in the courts of your country of residence.

13.4 Online Dispute Resolution

The European Commission provides an online dispute resolution platform, which you can access at http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us using the information provided in Section 14.

13.5 No Class Actions

To the extent permitted by applicable law, you agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.6 Survival

This dispute resolution provision will survive any termination of your subscription or these Terms.

14. Contact Information

14.1 Contact Methods

For all inquiries about Mouton, including general questions, data protection matters, legal notices, and technical support, please contact us at: hwang@told.me

You can also use the in-app support feature for technical assistance.

14.2 Changes to Contact Information

If we need to update our contact information, we'll reflect these changes in these Terms and Conditions. The most current contact information will always be available in the latest version of our Terms.

Last Updated: March 8, 2025