END USER LICENSE AGREEMENT
Last Updated: January 2025
These Terms of Use ("Terms," "Agreement," or "EULA") constitute a legally binding agreement between you ("User," "you," or "your") and Mimona Ltd ("Company," "we," "our," or "us") regarding your use of the Baio mobile application ("App" or "Service"). By downloading, installing, accessing, or using the Baio App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, access, or use the App.
The company information is as follows: (1) Company Name: Mimona Ltd; (2) Address: Hertzl 24, Ramat Gan, Israel; (3) Email: support@thebaio.com; (4) Website: thebaio.com. Please note that Mimona Ltd is currently in the process of registration, and these Terms will be updated once the company registration is complete.
If you are downloading the App from the Apple App Store or Google Play Store, you acknowledge that: (1) Apple Inc. or Google LLC (respectively) is not a party to this Agreement; (2) Apple/Google is not responsible for the App or its content; (3) Your use of the App is also subject to the App Store Terms of Service.
Baio is a literary journaling application that provides users with tools to create and manage journal entries with text, images, and media, to use AI-powered features that analyze journal entries and generate insights, to generate AI-created chapters, summaries, and visual content from journal entries, to organize and review journal entries and generated content, and to access subscription-based features and premium content that enhance the journaling experience.
The App uses artificial intelligence (AI) services to analyze journal entries for sentiment, themes, and patterns, to generate personalized chapters and summaries that reflect the content and style of your entries, to create AI-generated images and visual content that complement your journal entries, and to provide insights and recommendations that help you better understand and reflect on your journaling journey. We may use various AI models and services, which may change over time as we seek to improve the quality and capabilities of our AI features. However, we do not guarantee the accuracy, quality, or appropriateness of AI-generated content, and you should use such content at your own discretion.
We reserve the right to modify, suspend, or discontinue any part of the App at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, but we will make reasonable efforts to provide notice of significant changes when possible.
To use certain features of the App, you must create an account by providing a valid email address, a username and password, and any other information requested during registration. You are responsible for maintaining the confidentiality of your account credentials, for all activities that occur under your account, and for notifying us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
You represent and warrant that: (1) You are at least 13 years of age (or have parental consent if under 13); (2) You have the legal capacity to enter into this Agreement; (3) You will comply with all applicable laws and regulations; (4) All information you provide is accurate and current.
We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason, including but not limited to violation of these Terms, fraudulent or abusive activity, non-payment of subscription fees, or extended periods of inactivity. We will make reasonable efforts to provide notice of termination when possible, except in cases where immediate termination is necessary to protect the security or integrity of the App or other users.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App on devices you own or control, to access and use the App for your personal, non-commercial use, and to use the App in accordance with these Terms and applicable laws.
You may not copy, modify, distribute, sell, or lease any part of the App, reverse engineer, decompile, or disassemble the App, remove, alter, or obscure any copyright, trademark, or other proprietary notices, use the App for any illegal or unauthorized purpose, attempt to gain unauthorized access to the App or its related systems, use automated systems (such as bots or scrapers) to access the App, interfere with or disrupt the App or servers connected to the App, use the App to transmit viruses, malware, or other harmful code, share your account credentials with others, or create multiple accounts to circumvent subscription limitations.
All rights, title, and interest in and to the App, including all intellectual property rights, are owned by Mimona Ltd or its licensors. The App is protected by copyright, trademark, and other laws. Nothing in these Terms grants you any right to use our trademarks, logos, or other proprietary information without our prior written consent.
When you use the Baio App and create or upload content, you grant Mimona Ltd certain rights with respect to your content and the content generated from your entries. This section explains the ownership and licensing arrangements that apply to your use of the App.
(1) Content License. By using the Baio App and creating or uploading content, you acknowledge that all content you create, upload, or submit through the App, including but not limited to journal entries and text content, images, photographs, and media files, and any other content you provide, is subject to a comprehensive license granted to Mimona Ltd. You grant Mimona Ltd a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in any media format and through any media channels. This license includes the right to use your content for providing and improving the App's services, developing new features and AI models, conducting research and development, creating marketing and promotional materials (in anonymized or aggregated form), and for other business purposes that support the operation and enhancement of the App.
(2) AI-Generated Content. All content generated, created, or produced by the App's AI features, including but not limited to analyzed entries and processed data, AI-generated chapters, summaries, and text content, AI-generated images and visual content, and any derivative works created from your entries, is subject to the same license and ownership provisions described above. This content is created through the use of our AI services and is designed to enhance your journaling experience by providing personalized insights and visualizations based on your entries.
(3) Your Rights and Access. Despite the license granted above, you retain certain rights with respect to your content. You have the right to access and view your content through the App while your account is active, to export your content in formats provided by the App, and to request deletion of your account and associated data, subject to our retention policy as described in our Privacy Policy. We are committed to providing you with control over your data while ensuring that we can continue to provide and improve our services.
(4) Waiver of Moral Rights. To the extent permitted by applicable law, you waive any moral rights you may have in your content, including the right to be identified as the author and the right to object to derogatory treatment. This waiver allows us to use your content in ways that may involve modification or adaptation while still respecting your fundamental rights.
You are solely responsible for all content you create, upload, or submit through the App. You agree that your content will not violate any laws, regulations, or third-party rights, infringe on intellectual property rights, contain defamatory, libelous, or false information, include hate speech, harassment, or discriminatory content, contain obscene, pornographic, or sexually explicit material, include threats, violence, or illegal activities, violate privacy rights of others, contain spam, advertising, or promotional content, or include viruses, malware, or harmful code.
We reserve the right, but are not obligated, to monitor, review, and moderate user content, to remove or refuse to publish any content that violates these Terms, and to take legal action against users who violate these Terms. However, we do not guarantee that we will monitor all content or remove objectionable content, and you should not rely on us to do so. We may remove your content at any time, with or without notice, if we determine it violates these Terms or for any other reason, but we will make reasonable efforts to provide notice when possible.
The App uses artificial intelligence (AI) services to analyze your entries and generate content that enhances your journaling experience. We may use various AI models and services, which may change over time as we seek to improve the quality and capabilities of our AI features.
We do not guarantee the accuracy, quality, or appropriateness of AI-generated content, that AI-generated content will meet your expectations, the availability or performance of AI features, or that AI-generated content will be free from errors. AI-generated content is provided for informational and entertainment purposes only, and you should use such content at your own discretion and not rely on it for important decisions.
As stated in Section 5 above, all AI-generated content is subject to the license and ownership provisions described therein. You may view and use AI-generated content through the App, but you acknowledge that such content is created through our AI services and is subject to the same license and ownership provisions as other content generated from your entries.
You agree not to use the App to violate any applicable laws, regulations, or third-party rights, to infringe on intellectual property rights, to transmit harmful, offensive, or illegal content, to harass, abuse, or harm others, to impersonate any person or entity, to collect or store personal data about other users, to interfere with or disrupt the App or its servers, to attempt to gain unauthorized access to the App or related systems, to use automated systems to access the App, to reverse engineer, decompile, or disassemble the App, to remove or alter any proprietary notices, to use the App for commercial purposes without our permission, to share your account with others, or to create multiple accounts to circumvent limitations.
Violation of these prohibitions may result in immediate termination of your account and may subject you to legal action. We reserve the right to take any action we deem necessary to protect the App, our users, and our rights, including but not limited to reporting violations to law enforcement authorities.
The App may offer various subscription plans with different features and pricing. Subscription details, including pricing and features, are displayed in the App and may change at any time. Payments are processed through third-party payment processors such as the Google Play Store and Apple App Store. You agree to pay all fees associated with your subscription. All prices are in the currency displayed in the App Store, and prices may vary by region and are subject to change.
Subscriptions automatically renew unless cancelled before the renewal date. You will be charged at the beginning of each subscription period. You can cancel your subscription at any time through your App Store account settings, and cancellation takes effect at the end of the current billing period. All subscription fees are non-refundable, except as required by law or as specified below.
We will provide refunds if required by applicable law, such as consumer protection laws. Refund requests may also be subject to the refund policies of the Google Play Store or Apple App Store. If you believe you are entitled to a refund, please contact us at support@thebaio.com, and we will review your request in accordance with applicable law and our refund policy.
We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewals. We may offer free trial periods, and if you do not cancel before the trial ends, you will be charged for the subscription. Trial periods and terms may vary, and we will provide clear information about trial terms before you begin a trial.
You may terminate your account at any time by deleting your account through the App settings or by contacting us at support@thebaio.com. Upon termination, your access to the App will be revoked, your account and data will be deleted in accordance with our Privacy Policy (within 30 days), and you will not receive a refund for any unused subscription period.
We may suspend or terminate your account immediately, with or without notice, if you violate these Terms, engage in fraudulent or abusive activity, fail to pay subscription fees, or violate any applicable laws or regulations. We will make reasonable efforts to provide notice of termination when possible, except in cases where immediate termination is necessary to protect the security or integrity of the App or other users.
Upon termination, your license to use the App is revoked, you must stop using the App and delete all copies, and all provisions that by their nature should survive termination will survive, including Sections 5 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), and 13 (Indemnification).
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT.
WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR ERROR-FREE, THAT AI FEATURES WILL MEET YOUR EXPECTATIONS, OR THAT AI SERVICES WILL BE AVAILABLE AT ALL TIMES. AI-generated content is provided for informational and entertainment purposes only, and you should use such content at your own discretion.
We do not guarantee that using the App will produce any specific results or outcomes. The App is a tool to assist you with journaling, but the results you achieve depend on many factors, including how you use the App and the content you create.
We are not responsible for third-party services, websites, or content linked to or integrated with the App. Your use of third-party services is subject to their own terms and conditions and privacy policies, and we encourage you to review these before using any third-party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIMONA LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, DATA, OR USE, BUSINESS INTERRUPTION, PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. However, to the extent permitted by applicable law, our liability is limited as described above.
You agree to indemnify, defend, and hold harmless Mimona Ltd, its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, your violation of any rights of another party, or your content or conduct.
This indemnification obligation will survive the termination of your account and your use of the App. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Israel.
If you are using the App from outside Israel, you are responsible for compliance with local laws. We make no representation that the App is appropriate or available for use in all locations, and you are responsible for ensuring that your use of the App complies with all applicable laws in your jurisdiction.
Before filing a claim, you agree to contact us at support@thebaio.com to attempt to resolve the dispute informally. We are committed to working with you to resolve any disputes in a fair and timely manner, and we encourage you to contact us first before pursuing formal legal action.
If informal resolution is unsuccessful, disputes may be resolved through binding arbitration in accordance with Israeli arbitration laws, unless both parties agree otherwise. You agree that any disputes will be resolved individually and not as part of a class action, to the extent permitted by applicable law.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. This ensures that the Terms remain effective even if one or more provisions are found to be unenforceable.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mimona Ltd regarding the App and supersede all prior agreements and understandings. Any modifications to these Terms must be in writing and signed by both parties, except as otherwise provided in Section 20 below.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. We may choose to enforce our rights at any time, and our failure to do so in one instance does not prevent us from enforcing our rights in other instances.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.
We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of material changes by posting the updated Terms on our website at thebaio.com, by sending you an email notification if you have provided an email address, and by displaying a notice in the App.
The "Last Updated" date at the top of these Terms indicates when they were last revised. Your continued use of the App after any changes constitutes acceptance of the updated Terms. If you do not agree with any changes, you may stop using the App and request deletion of your account.
If you have any questions, concerns, or requests regarding these Terms, please contact us at Mimona Ltd, Hertzl 24, Ramat Gan, Israel, by email at support@thebaio.com, or through our website at thebaio.com. We will respond to your inquiries within a reasonable timeframe and work with you to address any concerns you may have.
BY USING THE BAIO APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT YOUR CONTENT AND ALL AI-GENERATED CONTENT ARE SUBJECT TO THE LICENSE AND OWNERSHIP PROVISIONS DESCRIBED IN SECTION 5 ABOVE, AND THAT YOU GRANT MIMONA LTD CERTAIN RIGHTS WITH RESPECT TO YOUR CONTENT AND DERIVED CONTENT AS DESCRIBED IN THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
END OF TERMS OF USE