terms of service
last updated: july 26, 2026
These Terms of Service ("Terms") form a legally binding agreement between you and Kyle G. Lingle, an individual ("mmrys," "we," "us," or "our") governing your access to and use of the mmrys mobile application, website, and related services (collectively, the "Service").
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 15, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
1. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is greater) to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms. By using the Service, you represent and warrant that you meet these requirements and that you are not barred from using the Service under any applicable law.
2. The Service
mmrys is a personal journaling application that allows you to record a daily rating and a short written entry, view your past entries, and optionally receive a daily reminder notification. The Service is provided for personal, non-commercial use only.
We may add, modify, suspend, or discontinue any part of the Service 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.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account, whether or not you have notified us.
You may delete your account at any time from within the Service. Account deletion is permanent and irreversible: it deletes your account and all associated entries, and we cannot recover them.
4. Your Content
You retain ownership of the content you create in the Service (your ratings, written entries, and any designations such as "Hall of Fame" or "Lore") ("User Content").
You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and display your User Content solely as necessary to operate, maintain, secure, and provide the Service to you, and to comply with law. This license exists only to make the Service function and ends when you delete the applicable User Content or your account, except for copies retained in routine backups or as required by law.
You represent and warrant that you have all rights necessary to submit your User Content and that it does not violate these Terms or any applicable law or third-party right. You are solely responsible for your User Content.
5. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose or in violation of any applicable law or regulation; (b) attempt to gain unauthorized access to the Service, other users' accounts, or our systems or networks; (c) probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure; (d) reverse engineer, decompile, or disassemble any part of the Service except to the extent such restriction is prohibited by law; (e) use any robot, scraper, or automated means to access the Service; (f) interfere with or disrupt the integrity or performance of the Service; (g) resell, sublicense, or commercially exploit the Service; or (h) upload or transmit any malicious code.
We may investigate and take any action we deem appropriate for any suspected violation, including suspending or terminating your access, without notice and without liability to you.
6. Not Medical, Mental Health, or Emergency Services
MMRYS IS A JOURNALING AND SELF-REFLECTION TOOL. IT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, DIAGNOSTIC, OR OTHER HEALTHCARE ADVICE, OPINION, DIAGNOSIS, OR TREATMENT.
The ratings, entries, and any summaries or views the Service displays are personal records you create. They are not clinical assessments and must not be relied upon as a substitute for consultation with a qualified healthcare professional. Never disregard professional medical advice or delay seeking it because of anything in the Service.
THE SERVICE IS NOT AN EMERGENCY OR CRISIS SERVICE AND IS NOT MONITORED. We do not review, monitor, or respond to the content of your entries. If you are experiencing a medical or mental health emergency, or are having thoughts of harming yourself or others, call your local emergency number or a crisis line immediately (in the United States, call or text 988).
7. Availability, Data, and Backups
The Service depends on internet connectivity, your device, and third-party infrastructure providers. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, that any defect will be corrected, or that notifications or reminders will be delivered at any particular time or at all.
WE DO NOT GUARANTEE THAT YOUR USER CONTENT WILL BE PRESERVED, RETAINED, OR AVAILABLE AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES OF ANY CONTENT THAT IS IMPORTANT TO YOU.
Our collection and handling of information is described in our Privacy Policy, which is incorporated into these Terms by reference.
8. Third-Party Services
The Service relies on third-party providers (including hosting, database, and authentication providers, and the applicable app store). We do not control and are not responsible for the acts, omissions, availability, security, or practices of any third party. Your use of third-party services may be subject to their own terms.
9. Intellectual Property
The Service, including its software, design, text, graphics, logos, and the mmrys name and marks, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your own personal, non-commercial use. All rights not expressly granted are reserved. You may not use our name, logo, or marks without our prior written permission.
10. Feedback
If you send us suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and incorporate it for any purpose, without any obligation, compensation, or attribution to you.
11. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice, including if we believe you have violated these Terms. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive, including Sections 4, 6, 9, 10, and 12 through 19.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, OR THAT YOUR DATA WILL BE ACCURATE, PRESERVED, OR SECURE. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum duration and scope permitted by applicable law.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OPERATOR, OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR CONTENT, OR FOR ANY EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you; in such cases our liability is limited to the maximum extent permitted by applicable law.
14. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless mmrys and its operator, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.
15. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal resolution first. Before starting any formal proceeding, you agree to contact us at kglingle3@gmail.com with a written description of the dispute and to attempt to resolve it informally in good faith for at least sixty (60) days.
Binding arbitration. If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration, rather than in court, administered by a recognized arbitration provider under its consumer arbitration rules, before a single arbitrator. The arbitration will be conducted in the English language. Judgment on the award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.
Your right to opt out. You may opt out of this arbitration agreement by emailing kglingle3@gmail.com with your account email and the words "ARBITRATION OPT-OUT" within thirty (30) days of first accepting these Terms. Opting out will not affect any other part of these Terms.
If the class action waiver above is found unenforceable as to a particular claim, that claim will proceed in court, and all other claims remain in arbitration. Nothing in this section waives any right you cannot waive under applicable law.
16. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of New York, without regard to its conflict of laws principles, and by the Federal Arbitration Act with respect to Section 15. To the extent any dispute is not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York. Nothing in this section deprives you of any protection of the mandatory consumer law of your country of residence.
17. Apple App Store
If you download the app from the Apple App Store, you acknowledge and agree that: (a) these Terms are between you and us only, not with Apple, and we alone are responsible for the Service; (b) Apple has no obligation to furnish any maintenance or support for the app; (c) in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims; (e) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claim relating to the app; (f) you comply with applicable third-party terms when using the app; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Changes to These Terms
We may modify these Terms at any time. If we make material changes, we will take reasonable steps to notify you, such as posting the updated Terms with a revised "Last updated" date or providing notice within the Service. Changes are effective when posted unless otherwise stated. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service and may delete your account.
19. General
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede all prior agreements.
Severability. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control.
Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to applicable embargoes or sanctions, and that you are not on any restricted party list.
20. Contact
Questions about these Terms: