Terms of Service

By creating an account, accessing, or using the Service in any manner, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms of Service, which constitute a valid and legally binding contract between you and Clear Mornings.

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that you have permission from your parent or legal guardian to use the Service and that they have reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet these age requirements.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.

Your electronic acceptance of these Terms (by clicking "I Agree," checking a box, creating an account, or using the Service) constitutes your signature and agreement to be bound by these Terms as if you had physically signed a written agreement.

Clear Mornings is a comprehensive wellness and habit tracking platform that provides:

• Habit Tracking System: Create and monitor habits across our Trinity System (Recovery, Exercise, Nutrition) with customizable templates, progress tracking, and analytics
• AI-Powered Affirmations: Receive personalized daily affirmations generated by artificial intelligence based on your selected authors and personal growth intentions
• Nutrition Tracking: Log meals, scan product barcodes, track macronutrients (protein, calories), and access food databases
• Progress Monitoring: Upload photos, maintain journals, track streaks, and view detailed analytics
• Gamification Features: Earn points, unlock levels, and celebrate milestones
• Author Collections: Curate portable lists of favorite authors and thinkers for use across features

Clear Mornings offers three subscription tiers:

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service, except as required by law.

From time to time, we may offer beta or experimental features ("Beta Features"). Beta Features are provided "AS IS" and may contain bugs, errors, or other issues. We may discontinue Beta Features at any time without notice.

To access certain features of the Service, you must create an account by providing accurate, current, and complete information, including a valid email address. You may authenticate using OAuth providers (Google, GitHub) or email magic links. You agree to keep your account information up to date.

You are solely responsible for:

• Maintaining the security of your account and authentication methods
• All activities that occur under your account, whether authorized by you or not
• Immediately notifying us at support@clearmornings.com of any unauthorized access to or use of your account

We will not be liable for any loss or damage arising from your failure to comply with these account security requirements.

You agree that you will NOT:

• Create an account using false or misleading information
• Create multiple accounts for yourself (except as specifically permitted by us)
• Sell, transfer, or allow others to access your account
• Use another User's account without permission
• Share your account access with any third party

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or are using the Service in a manner that may cause harm to us, the Service, or other users.

Clear Mornings offers paid subscription plans on a monthly or annual basis. Current pricing is as follows:

If we offer a free trial period, you will not be charged during the trial period.

All payments are processed securely through Stripe, Inc. ("Stripe"), a third-party payment processor. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• You authorize us to charge all subscription fees to that payment method
• You will maintain valid payment information on file

You agree to comply with Stripe's Services Agreement available at https://stripe.com/legal.

We reserve the right to change our subscription prices at any time. Price changes will not affect your current subscription period. If we increase the price of your subscription, we will provide you with at least thirty (30) days' advance notice via email before the price change takes effect.

If you believe you have been incorrectly charged, please contact us at support@clearmornings.com within sixty (60) days of the charge. We will investigate and, if appropriate, issue a refund or credit.

All fees are exclusive of applicable sales tax.

a) How to Cancel

You may cancel your subscription at any time through one of the following methods:

• Online: Log into your account, navigate to Settings → Subscription, and click "Cancel Subscription"
• Email: Send a cancellation request to support@clearmornings.com
• Customer Support: Contact us at support@clearmornings.com

b) Effect of Cancellation

Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• Your subscription will not renew for the next billing period
• You will not be charged any further subscription fees
• Your account will automatically downgrade to the Basic (free) tier at the end of the billing period

c) No Partial Refunds

Cancellation takes effect at the end of the current billing period. We do not provide refunds or credits for partial subscription periods, except as required by law or at our sole discretion.

a) General Policy

All subscription fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

b) Exceptions

We may, at our sole discretion, provide refunds or credits in the following circumstances:

• Technical issues that prevent you from accessing the Service for an extended period
• Duplicate charges due to billing errors
• Charges made after you properly canceled your subscription
• As required by applicable consumer protection laws

c) Requesting a Refund

To request a refund, contact us at support@clearmornings.com within thirty (30) days of the charge with a detailed explanation of your request.

The Service, including all content, features, functionality, software, code, algorithms, user interface, design, graphics, logos, trademarks, and service marks (collectively, the "Clear Mornings IP") is owned by Clear Mornings LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Service for your personal, non-commercial use
• Download and use our mobile application on devices you own or control
• Access content made available through the Service

You agree NOT to:

• Copy, modify, create derivative works from, or publicly display any part of the Service
• Use automated systems (bots, scrapers, crawlers) to access the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to develop a competing product or service

You retain ownership of all content, information, and data you create, upload, or otherwise provide through the Service ("User Content"), including:

• Personal information (name, email, profile details)
• Habit tracking data (check-ins, progress entries, streaks)
• Nutrition logs (food entries, meal photos, calorie tracking, macronutrient data)
• Journal entries and reflections
• Progress photos
• Custom primers for affirmation generation
• Author collections and lists

By submitting User Content to the Service, you grant Clear Mornings a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

• Store, process, and display your User Content as necessary to provide the Service to you
• Use your User Content to generate personalized affirmations, nutrition insights, and habit recommendations
• Create anonymized, aggregated data and analytics that do not identify you personally
• Backup and secure your User Content for disaster recovery and security purposes

We do not sell your personal data to third parties. Your habit logs, nutrition data, journal entries, and other personal information belong to you and will be handled in accordance with our Privacy Policy.

Clear Mornings uses artificial intelligence technology to generate personalized affirmations based on:

• Your selected author collections
• Your custom primer text (your personal growth intentions)
• Historical quotes and wisdom from documented sources

You agree NOT to:

• Claim authorship or copyright in AI-generated affirmations
• Resell, redistribute, or commercially exploit AI-generated affirmations
• Republish or display AI-generated affirmations on other platforms in a manner that suggests you created the content
• Use AI-generated affirmations to train other AI models or develop competing services

AI-generated affirmations are created by machine learning models and may contain errors, inaccuracies, or content that is factually incorrect, improperly attributed, or not reflective of an author's actual views.

We make no representations or warranties regarding the accuracy, reliability, completeness, or authenticity of AI-generated affirmations.

You agree to use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Personal habit tracking and wellness monitoring
• Logging nutrition and fitness activities
• Receiving and viewing AI-generated affirmations
• Accessing your own User Content and account data

You agree NOT to use the Service to:

• Engage in any illegal activity or violate any laws
• Harass, abuse, threaten, or intimidate other users
• Use automated scripts, bots, scrapers, or other automated means to access the Service
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or its networks
• Exploit bugs or vulnerabilities for your benefit
• Upload viruses, malware, or other malicious code

If you violate this Acceptable Use Policy, we may:

• Issue a warning
• Suspend access to the Service temporarily
• Terminate your account permanently without refund
• Take legal action, including seeking damages and injunctive relief
• Report violations to law enforcement

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We use third-party service providers to operate and improve the Service, including:

• Supabase (database and authentication)
• Vercel (hosting and infrastructure)
• Stripe (payment processing)
• OpenAI / Anthropic (AI affirmation generation)
• OpenFoodFacts (nutrition data)

We implement appropriate technical and organizational measures to protect your personal data. However, no internet transmission or electronic storage method is 100% secure, and we cannot guarantee absolute security of your data.

The content provided through the Service, including AI-generated affirmations, nutrition insights, habit recommendations, food data, and progress analytics, is for informational and motivational purposes only and is not intended to:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Replace or substitute for professional medical advice, diagnosis, or treatment
• Serve as medical, nutritional, or fitness advice

ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL before:

• Starting any new diet, nutrition program, or eating plan
• Beginning any exercise or fitness program
• Making changes to your medications or treatment plans
• Relying on nutrition data or macronutrient tracking for medical purposes

Nutrition data (calories, protein, carbohydrates, fats, vitamins, minerals) provided through the Service is sourced from third-party databases and may be inaccurate, incomplete, or out of date.

YOU ARE SOLELY RESPONSIBLE for verifying the accuracy of nutrition data if you are using it for medical, dietary, or health purposes.

Clear Mornings is NOT a HIPAA-covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA). We do not share health data with healthcare providers, medical professionals, or HIPAA-covered entities.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE TOTAL LIABILITY OF CLEAR MORNINGS TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF:

• The total amount you paid to Clear Mornings in the twelve (12) months preceding the event giving rise to liability, or
• One hundred U.S. dollars ($100.00)

You may terminate your account and stop using the Service at any time by:

• Logging into your account and deleting your account through Settings
• Contacting us at support@clearmornings.com with a deletion request
• Canceling your paid subscription (if applicable)

We may suspend or terminate your access to the Service at any time and for any reason, including but not limited to:

• Your breach of these Terms
• Your violation of applicable laws or regulations
• Fraudulent, abusive, or illegal activity
• Extended inactivity (e.g., no use for 24+ months)

Upon termination:

• Your right to access and use the Service terminates immediately
• All active subscriptions will be canceled
• Your User Content will be deleted or anonymized within ninety (90) days
• You may request an export of your data before termination

We reserve the right to modify, update, or replace these Terms at any time, at our sole discretion.

If we make material changes to these Terms, we will provide you with at least thirty (30) days' advance notice by:

• Sending an email to the address associated with your account
• Posting a prominent notice on the Service
• Requiring you to accept the new Terms upon your next login

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Travis County, Texas, and you irrevocably consent to the personal jurisdiction and venue of such courts.

Before filing any legal action, you agree to first contact us at support@clearmornings.com and attempt to resolve the dispute informally. If a dispute is not resolved within sixty (60) days, you or Clear Mornings may initiate formal proceedings.

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim arose, or it will be permanently barred.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clear Mornings regarding your use of the Service.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

By using the Service, you consent to receive electronic communications from us. You agree that any notices, agreements, or other communications sent electronically will satisfy any legal communication requirements.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.