These Terms of Service ("Terms") govern your access to and use of ebb ("ebb", "we", "us", or "our"), a personal mental energy ledger provided as a web application. By creating an account or using ebb, you agree to these Terms.
1. Who can use ebb
You must be at least 16 years old to use ebb. If you are using ebb from a jurisdiction where the minimum age is higher, you must meet that age. ebb is offered for personal, non-commercial use.
2. Not medical advice
ebb is a self-tracking tool for reflecting on your own mental energy patterns. It is not a medical device, and it does not provide medical, psychological, psychiatric, diagnostic, or therapeutic advice. Nothing in ebb should be relied on as a substitute for professional care. If you may be experiencing a mental health crisis, contact a qualified professional or your local emergency service.
3. Your account
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly if you believe your account has been accessed without your authorization.
4. Your content
The entries, presets, notes, and other data you submit to ebb ("Your Content") remain yours. You grant us a limited, non-exclusive licence to host, store, and process Your Content solely to operate the service for you. We do not sell Your Content, use it for advertising, or use it to train machine-learning models.
5. Acceptable use
You agree not to:
- violate any applicable law or regulation;
- attempt to gain unauthorized access to any account, system, or data;
- interfere with, degrade, or disrupt the service;
- upload content that infringes the rights of others or that is unlawful, harmful, or abusive;
- use ebb to make automated bulk requests outside of documented interfaces.
6. Account deletion
You may delete your account at any time from Settings → Delete account. Deletion is permanent and removes your entries, presets, and account record from our production systems. Residual copies may persist for a limited period in encrypted backups before being overwritten in the ordinary course of backup rotation.
7. Service changes; suspension
We may modify, suspend, or discontinue any part of ebb at any time. We may suspend or terminate access if we reasonably believe you have violated these Terms or created risk or legal exposure for us or other users.
8. Disclaimers
ebb is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that ebb will be uninterrupted, error-free, or that data will always be preserved.
9. Limitation of liability
To the maximum extent permitted by law, ebb and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill arising out of or related to your use of the service. Our aggregate liability for any claim arising out of or relating to the service will not exceed one hundred U.S. dollars (US$100).
10. Australian consumers
If you are a "consumer" under the Australian Consumer Law ("ACL"), you have guarantees that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL or other applicable law that cannot be excluded. Where liability can be limited under the ACL, our liability is limited, at our option, to resupplying the service or paying the cost of having the service resupplied.
11. Indemnity
You agree to indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising from your breach of these Terms or your misuse of the service, except to the extent prohibited by applicable law.
12. Governing law
If you reside in the United States, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, and the state and federal courts located in Delaware will have exclusive jurisdiction. If you reside in Australia, these Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales will have non-exclusive jurisdiction. Nothing in this clause limits your rights to bring proceedings in the courts of the jurisdiction in which you reside where required by applicable consumer law.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be reflected by an updated "Effective" date at the top of this page. Your continued use of ebb after changes take effect constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms? Email hello@dailyebb.app.