Terms of Service

Effective: 6 May 2026 · Last updated: 6 May 2026

These Terms of Service ("Terms") govern your use of the Gratitude mobile and web applications and the website at gratitude.you (together, the "Service"). The Service is operated by Nic Gibbens, publishing as MakeYourOwnSpace, based in Wellington, New Zealand ("Gratitude", "we", "us"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use Gratitude. If you are between 13 and the age of majority in your country, you confirm that a parent or legal guardian has reviewed and accepted these Terms on your behalf.

2. Your account

You can create an account using an email and password, Sign in with Apple, or Sign in with Google. You are responsible for keeping your sign-in credentials secure. If you suspect someone else has accessed your account, contact us immediately at support@gratitude.you.

You can delete your account at any time through Settings → Delete Account & All Data inside the app. Account deletion permanently removes your gratitude entries, photos, memories, and chat history.

3. Subscriptions, billing, and refunds

Gratitude offers a 3-day free trial, after which continued use requires a paid subscription or lifetime purchase. Pricing is shown on the website and inside the app and may change with notice for new purchases.

Subscriptions are billed through the App Store, Google Play, or another billing provider depending on the platform you use. Subscriptions renew automatically until you cancel them in the relevant store's account settings. Cancellation takes effect at the end of the current billing period.

Refund requests for App Store and Google Play purchases are handled by Apple and Google according to their policies. For purchases made directly through our website, contact support@gratitude.you within 14 days for a refund of the unused portion. New Zealand and other consumer-protection laws may give you additional rights that these Terms do not override.

4. Your content

You keep ownership of every gratitude entry, photo, and message you create with the Service. You grant Gratitude a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, and back up your content solely so we can operate the Service for you.

You are responsible for the content you submit. You must not upload anything that is unlawful, infringes someone else's rights, or violates the acceptable-use rules below.

5. AI features

Gratitude includes an AI assistant that answers questions about your gratitude history. Responses are generated by a large language model (Google Gemini) and may be incomplete, inaccurate, or surprising. The assistant is not a substitute for professional medical, mental-health, legal, or financial advice. Do not act on AI-generated content in matters where accuracy or expertise is critical.

We do not use your content to train AI models, and the Gemini API we rely on is contractually committed to the same limitation for paid usage.

6. Acceptable use

You agree not to:

We may suspend or terminate accounts that breach these rules.

7. Intellectual property

Gratitude, the Gratitude name and logo, and the Service itself are owned by Nic Gibbens (publishing as MakeYourOwnSpace) and protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable licence to use the Service for as long as you comply with these Terms.

8. Service availability

We aim to keep the Service running smoothly but we do not guarantee uninterrupted availability. We may modify, suspend, or discontinue parts of the Service at any time, with or without notice. We will give reasonable notice before discontinuing the Service entirely so you can export your data.

9. Disclaimer of warranties

Except where prohibited by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that AI responses will be accurate.

Nothing in these Terms excludes or limits any consumer guarantees that apply to you under the New Zealand Consumer Guarantees Act 1993 or equivalent laws in your country, where those guarantees cannot be lawfully excluded.

10. Limitation of liability

To the maximum extent permitted by law, Nic Gibbens and any contractors engaged in operating the Service are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data or profits, arising from your use of the Service. Our total aggregate liability to you for any claim arising out of or related to the Service is limited to the amount you have paid us in the 12 months before the claim, or NZ$100, whichever is greater.

11. Termination

You can stop using the Service and delete your account at any time. We can suspend or terminate your access if you breach these Terms or if we are required to by law. On termination, the licence in section 4 ends and we will delete your data in line with our Privacy Policy.

12. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. If a change materially affects your rights, we will give you reasonable notice before it takes effect (in the app, by email, or both). Continued use of the Service after the change takes effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of New Zealand. You and Nic Gibbens submit to the non-exclusive jurisdiction of the New Zealand courts for any dispute. Nothing in this section limits any right you have to bring a claim in your local courts under mandatory consumer-protection laws.

14. Contact

Questions about these Terms: support@gratitude.you.

Nic Gibbens
publishing as MakeYourOwnSpace
Wellington, New Zealand