The logo for Watchful Writer, which consists of neon white words on a black background with the word Watchful aligned vertically on top of Writer, with a tear like graphic between them.

Terms of Service

WATCHFUL WRITER TERMS OF SERVICE
Date of Last Revision: May 23, 20261. ACCEPTANCE OF TERMS AND LEGAL ENTITY
This Terms of Service agreement (the "Agreement") constitutes a legally binding contract established between the individual or entity accessing the application (the "User", "you", or "your") and Jack Douglas Rowlatt (ABN 53 637 875 317) trading as Watchful Writer (the "Provider", "we", "us", or "our").
By downloading, installing, accessing, or utilizing the Watchful Writer mobile application, gamified productivity tools, artificial intelligence features, websites, and associated network services (collectively, the "Services"), you expressly acknowledge having read, understood, and agreed to be bound by all stipulations of this Agreement. If you do not agree to these terms, you must immediately cease all access to and use of the Services.2. DEFINITIONS AND SCOPE OF SERVICES
* "AI Features" refers to the generative artificial intelligence, behavioral algorithms, machine learning models, and dynamic productivity prompts integrated within the Services.
* "Gamified Elements" refers to the experience points (XP), levels, scores, virtual rewards, streaks, and digital progression systems utilized within the Services to encourage behavioral design.
* "User Content" refers to all text, data, tasks, test scores, chat histories, and information uploaded, inputted, or transmitted by you through the Services.3. ACCOUNT REGISTRATION AND SECURITY
The Services are strictly intended for individuals who are at least thirteen (13) years of age. Users between thirteen (13) and the age of legal majority in their respective jurisdictions must utilize the Services exclusively under the direct supervision of a parent or legal guardian who agrees to be bound by this Agreement.
You bear sole and exclusive responsibility for maintaining the confidentiality of your account credentials. You must immediately notify us of any unauthorized use of your account.4. SUBSCRIPTIONS, BILLING, AND AUTOMATIC RENEWALS
The Services may offer premium subscriptions requiring recurring payments. By selecting a subscription tier, you grant express affirmative consent to us, or our designated third-party payment processors, to charge the specified payment method on a recurring basis until lawfully terminated by you.
4.1. Free Trials and Promotional Conversions
If you enroll in a promotional free trial exceeding thirty-one (31) days, we shall transmit a notification to you between three (3) and twenty-one (21) days prior to the expiration of the trial period. This notification will clearly detail the impending conversion to a paid subscription, the applicable billing amount, and the mechanisms available for immediate cancellation.
4.2. Annual Renewals and Notices
For subscriptions operating on an annual billing cycle, we shall provide a renewal notice between 15 and 45 days prior to the renewal date, detailing the continuously renewing nature of the service, the applicable fees, and the procedures to cancel. We reserve the right to modify subscription fees with a minimum advanced notice of seven (7) to thirty (30) days prior to the billing cycle in which changes take effect.
4.3. Cancellation Architecture ("Click-to-Cancel")
You may cancel your subscription at any time through the digital account settings portal located within the application or website. The cancellation mechanism is designed to be fully executable within the same medium as the initial subscription enrollment. Upon cancellation, you shall retain access to the premium tiers of the Services until the conclusion of the currently paid billing cycle.5. GAMIFICATION, VIRTUAL GOODS, AND REVOCABLE LICENSE
5.1. No Monetary Value
The Services utilize Gamified Elements, including but not limited to virtual currency, experience points (XP), and virtual items. You acknowledge and agree that these Gamified Elements have no real-world cash value, do not constitute personal property, and cannot be redeemed for fiat currency, transferred, sold, or exchanged outside of the Services.
5.2. Revocable License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Gamified Elements solely for your personal entertainment and productivity within the Services. We reserve the absolute right to manage, regulate, modify, or eliminate Gamified Elements at our sole discretion, without liability to you.6. MEDICAL AND MENTAL HEALTH DISCLAIMER
6.1. Not a Clinical Tool
The Services are designed strictly for behavioral productivity, habit tracking, and personal organization. The Services, including any AI-generated prompts, do not constitute medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment.
6.2. User Responsibility
You agree that you are solely responsible for your physical and mental health. If you are experiencing psychological distress, clinical depression, severe anxiety, or any medical emergency, you must immediately seek the assistance of a qualified healthcare professional. You expressly agree that we bear no liability for any health-related decisions you make based on your use of the Services.7. ARTIFICIAL INTELLIGENCE ACCEPTABLE USE AND RESTRICTIONS
The AI Features provided within the Services are highly proprietary assets. You agree that you will not, nor will you permit any third party to:1. Attempt to reverse engineer, disassemble, decompile, or otherwise derive the source code, algorithmic methodologies, or parameter weights of the AI Features.
2. Utilize automated methodologies, including web scraping, crawling, bots, or programmatic extraction algorithms, to harvest data or outputs from the Services.
3. Utilize the AI Features, or the generated outputs, to develop, train, fine-tune, or commercialize any artificial intelligence model that constitutes a competitive product.
4. Artificially manipulate the Gamified Elements using auto-clickers, scripts, or exploitation of software bugs.8. INTELLECTUAL PROPERTY AND USER CONTENT
All Intellectual Property incorporated within the Services vests exclusively and unconditionally in the Provider. You retain ownership of any pre-existing rights within the User Content you upload to the Services. However, by inputting User Content, you grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, and utilize the User Content strictly for the purposes of operating, maintaining, and improving the Services.9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1. Preservation of Statutory Consumer Guarantees
Nothing in this Agreement operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee provided by statute that cannot lawfully be excluded or limited.* For Users residing in Australia: The Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion, or to compensation for its reduced value.
* For Users residing in New Zealand: The provisions of the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 apply to this Agreement. Nothing in these terms limits your statutory rights under the CGA when acquiring the Services for personal, domestic, or household use.9.2. Liability Cap
Subject to the statutory guarantees explicitly preserved in Section 9.1, the aggregate liability of the Provider for any claims arising out of this Agreement shall be strictly limited to the greater of (a) the total amount paid by you to the Provider for the Services during the twelve (12) months immediately preceding the event giving rise to the liability, or (b) fifty Australian Dollars ($50 AUD).10. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
10.1. Mandatory Binding Arbitration
Except where prohibited by applicable law, any dispute arising out of this Agreement shall be resolved by mandatory binding arbitration administered in Brisbane, Queensland, Australia.
10.2. Class Action Waiver
You and the Provider agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, consolidated, representative, or mass action.
10.3. Ontario Severability Carve-Out
The provisions contained within Section 10.1 and 10.2 shall not apply to individuals residing in the Province of Ontario, Canada, to the extent such provisions are rendered void under the Consumer Protection Act, 2002 (Ontario). For such individuals, disputes shall be resolved exclusively in the competent courts located within the Province of Ontario.11. JURISDICTION-SPECIFIC PROVISIONS
11.1. Quebec Applicability Restriction
Due to the strict linguistic mandates established under the Charter of the French Language (Bill 96), the Services are not currently offered to, and may not be accessed by, residents of the Province of Quebec, Canada.12. ASSIGNMENT AND CORPORATE RESTRUCTURING
You expressly acknowledge and agree that the Provider operates as a Sole Trader and may, at any time and without prior written notice to you, assign, novate, or otherwise transfer all rights, obligations, and data (including User Content) under this Agreement to a newly incorporated proprietary limited company (Pty Ltd) or other corporate entity controlled by the Provider. Upon such assignment, the new corporate entity shall assume all rights and liabilities hereunder, and Jack Douglas Rowlatt shall be released from all personal liability arising subsequent to the date of assignment. You may not assign or transfer your rights under this Agreement without our prior written consent.13. MISCELLANEOUS PROVISIONS
13.1. Governing Law: Subject to local mandatory consumer laws (such as the ACL and CGA), this Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
13.2. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force.14. CONTACT INFORMATION
If you have any questions, concerns, or legal notices regarding these Terms of Service, please contact us at: [email protected]