Terms of Use

Who is protected under these Terms

References to the "Company Parties" mean Lightrains and its affiliates, founders, shareholders, directors, officers, employees, contractors, developers, licensors, suppliers, service providers, representatives, successors, and assigns.

Merrin is the name of the product. The legal provider of the product is Lightrains.

Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use Merrin.

You may use Merrin only where its use is lawful.

License

Subject to these Terms, the Company grants you a personal, limited, revocable, non-exclusive, non-transferable license to install and use Merrin on devices that you own or control, subject to applicable app-store and platform rules.

Merrin is licensed, not sold.

Except where applicable law expressly permits otherwise, you may not copy, sell, sublicense, distribute, commercially exploit, reverse engineer, circumvent security mechanisms, interfere with technical restrictions, or attempt to obtain proprietary source code from Merrin.

Open-source software and downloadable AI models included in or made available through Merrin may be governed by their own licenses. Those licenses control where they conflict with these Terms regarding the relevant component.

What Merrin is

Merrin is an AI-assisted application for conversation, journaling, reflection, personal organization, memory, and related functionality.

Artificial intelligence is probabilistic.

Merrin may generate information that is inaccurate, incomplete, outdated, inappropriate, inconsistent, misleading, or entirely incorrect.

Merrin does not independently verify every response.

You are responsible for deciding whether and how to use information generated by Merrin.

No professional advice

Merrin is not a physician, therapist, psychologist, psychiatrist, lawyer, accountant, financial adviser, investment adviser, or other licensed professional.

Merrin does not provide medical diagnosis, mental-health treatment, legal advice, financial advice, investment advice, or another regulated professional service.

Do not rely on Merrin as a substitute for qualified professional advice.

You remain responsible for decisions you make based on information generated by Merrin.

Not an emergency service

Merrin is not an emergency, crisis-response, suicide-prevention, law-enforcement, medical-response, or safety-monitoring service.

The App may fail to detect an emergency, dangerous situation, self-harm risk, threat, medical condition, or other urgent circumstance.

Do not rely on Merrin to contact emergency services, another person, or an authority on your behalf unless a feature explicitly states that it will do so.

If you require emergency assistance, contact the appropriate local emergency service directly.

Your decisions and conduct

You are solely responsible for actions you take, decisions you make, communications you send, and activities you perform using or based on Merrin.

AI-generated output does not transfer responsibility for your conduct to the Company Parties.

The fact that Merrin generated, suggested, summarized, translated, reformatted, or responded to information does not mean that the Company endorses the information or authorizes its use.

Prohibited use

You may not use Merrin to violate any applicable law, regulation, court order, contractual obligation, intellectual-property right, privacy right, confidentiality obligation, or other legal right.

You may not use Merrin to facilitate fraud, theft, stalking, harassment, unlawful discrimination, threats, abuse, exploitation, unauthorized surveillance, impersonation, malware, unauthorized system access, illegal trafficking, violence, or other unlawful activity.

You may not knowingly use Merrin to create, store, process, or distribute material where doing so is unlawful.

You may not use Merrin to record another person unlawfully or to circumvent consent requirements applicable to audio, communications, personal information, or confidential information.

You may not represent AI-generated information as verified or professionally approved when it is not.

You may not use Merrin in a safety-critical environment where an incorrect response could reasonably cause death, physical injury, substantial property damage, or serious legal or financial harm.

Content you provide

You retain ownership of content you create and store using Merrin.

You represent that you have the rights necessary to use content you provide to Merrin.

You are responsible for content you enter, import, record, attach, export, publish, transmit, or share.

You are also responsible for determining whether you are legally permitted to store information about another person.

Where Merrin processes information only on your device, the Company does not acquire ownership of that information.

Where you deliberately use an optional online feature, you grant the Company and relevant service providers a limited license to process the content only as reasonably necessary to provide that feature, comply with law, maintain security, or enforce these Terms.

Privacy

Use of Merrin is also subject to the Merrin Privacy Policy.

Local-first processing does not eliminate your responsibility for securing your device.

You are responsible for protecting access to your device, exports, backups, passwords, operating-system account, and other credentials.

Data loss and backups

Merrin may store important information locally.

The Company may not possess a server-side copy and may therefore be unable to recover deleted, corrupted, encrypted, lost, or inaccessible information.

You accept the risk that uninstalling Merrin, resetting the App, losing or damaging your device, operating-system failures, storage failures, software defects, model failures, or other events may cause permanent data loss.

Maintain your own backup or export where information is important to you.

AI models

Different AI models may provide different quality, speed, reliability, context capacity, and output.

Downloading or selecting a model does not guarantee compatibility, accuracy, availability, performance, or suitability for a particular task.

A model may be removed, replaced, updated, disabled, or become incompatible due to technical, licensing, legal, security, or platform requirements.

Third-party and open-source models may also be governed by licenses and restrictions imposed by their respective owners.

Purchases and subscriptions

Merrin may offer paid functionality through Apple App Store, Google Play, or another authorized platform.

Prices, billing periods, taxes, renewal rules, cancellation mechanisms, and refund rights may depend on the platform and your jurisdiction.

Payments are processed by the relevant platform provider.

Where a recurring subscription is offered, it may renew automatically unless you cancel it using the platform's subscription-management system within the period required by that platform.

Nothing in these Terms limits refund, cancellation, warranty, or consumer rights that applicable law does not allow us to exclude.

Availability

We do not promise that Merrin will always be available, uninterrupted, secure, error-free, compatible with every device, or able to run every AI model.

Features may change.

Operating-system updates, hardware restrictions, storage capacity, third-party libraries, AI-model availability, licensing changes, network failures, platform restrictions, or other conditions may affect Merrin.

We may modify, suspend, restrict, or discontinue a feature where reasonably necessary.

Intellectual property

Except for your content and third-party components, Merrin and its software, design, branding, graphics, interfaces, documentation, trademarks, and other proprietary materials belong to the Company or its licensors.

These Terms do not transfer ownership of those rights to you.

"Merrin" and associated branding may not be used in a manner that falsely suggests sponsorship, endorsement, affiliation, or authorization.

Feedback

If you voluntarily send ideas, suggestions, or product feedback to us, you permit us to use that feedback to develop and improve Merrin without an obligation to compensate you.

This does not give us ownership of your private journal, conversations, or other personal content.

Third-party services

Merrin may interact with app stores, operating-system services, model providers, payment processors, content delivery systems, or other third parties.

The Company does not control independent third-party services.

Your use of those services may be subject to additional terms.

You must comply with applicable third-party terms when using Merrin.

Indemnification for your misuse

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from claims, proceedings, investigations, liabilities, losses, judgments, penalties, damages, fines, costs, and reasonable legal expenses arising out of or relating to:

your unlawful or unauthorized use of Merrin; your violation of these Terms; your infringement or violation of another person's intellectual-property, privacy, confidentiality, contractual, publicity, or other rights; content that you provide, record, import, publish, transmit, or share; your unlawful recording, surveillance, collection, or processing of information about another person; fraudulent, abusive, dangerous, or illegal conduct carried out using or based on Merrin; or a third-party claim resulting from your actions or omissions.

This indemnification does not apply to the extent a claim was caused by conduct of a Company Party for which liability cannot lawfully be excluded or transferred to you.

Disclaimer of warranties

To the maximum extent permitted by applicable law, Merrin is provided "as is" and "as available."

The Company Parties disclaim warranties and conditions that may legally be disclaimed, whether express, implied, or statutory, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, and uninterrupted operation.

We do not warrant that AI output will be accurate, complete, safe, appropriate, unique, or suitable for your intended use.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable law, the Company Parties will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, loss of profits, loss of opportunity, loss of goodwill, business interruption, loss of data, inability to access locally stored information, or damages resulting from reliance on AI-generated output.

To the maximum extent permitted by applicable law, the aggregate liability of the Company Parties arising from or relating to Merrin will not exceed the greater of the amount you paid directly for Merrin during the twelve months immediately preceding the event giving rise to the claim or USD 100 or its local-currency equivalent.

These limitations do not exclude liability that applicable law does not permit us to exclude or limit, including any liability that may arise from fraud, wilful misconduct, or other non-waivable statutory obligations.

Consumer rights

Nothing in these Terms removes consumer guarantees, statutory warranties, privacy rights, remedies, or other rights that cannot legally be waived.

If a provision conflicts with mandatory consumer law applicable to you, that mandatory law controls to the extent of the conflict.

Suspension and termination

You may stop using Merrin at any time.

We may suspend access to network-based features or terminate your permission to use Merrin where reasonably necessary because of a material breach of these Terms, unlawful use, security risk, fraud, legal requirement, or protection of the Company or another person.

Termination does not eliminate obligations that by their nature should survive, including provisions concerning intellectual property, responsibility for prior conduct, indemnification, disclaimers, and limitations of liability.

Governing law

These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to conflict-of-law principles.

Subject to mandatory consumer rights and other laws that grant you the right to bring a claim elsewhere, courts located in [COURT LOCATION] will have jurisdiction over disputes arising from these Terms or Merrin.

Severability

If a provision of these Terms is held unenforceable, it will be interpreted or limited to the minimum extent necessary to make it enforceable where possible.

The remaining provisions will continue in effect.

No waiver

Failure to enforce a provision of these Terms does not waive the right to enforce it later.

Changes

We may update these Terms to reflect changes to Merrin, law, security requirements, business practices, or platform requirements.

Where required, material changes will be communicated through Merrin or another appropriate method.

Continued use after updated Terms take effect constitutes acceptance where permitted by law.

Apple-specific terms

If you obtained Merrin through Apple's App Store, you acknowledge that these Terms are between you and Lightrains, not Apple.

The Company, not Apple, is responsible for Merrin and its content.

Apple has no obligation to provide maintenance or support for Merrin.

Your license is limited to use on Apple-branded products that you own or control, subject to Apple's applicable usage rules, including any use permitted through Family Sharing or similar Apple functionality.

To the extent Merrin fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple, and Apple may refund the purchase price for the application where required by Apple's applicable terms. To the maximum extent permitted by law, Apple has no other warranty obligation concerning Merrin.

The Company, not Apple, is responsible for addressing claims concerning Merrin, including product-liability claims, regulatory or legal-compliance claims, consumer-protection claims, privacy claims, and claims that Merrin infringes another party's intellectual-property rights.

You represent that you are not located in a country subject to an applicable United States government embargo or designated by the United States government as supporting terrorism and that you are not listed on an applicable United States government prohibited or restricted-party list.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce applicable Apple-related provisions against you.

Google Play

If you obtained Merrin through Google Play, your use of Google Play and related billing services remains subject to Google's applicable terms.

Nothing in these Terms changes rights or responsibilities that Google Play requires to remain with Google, the Company, or you.

Application provider

Lightrains

Email: [email protected]

Questions, complaints, support requests, and legal claims concerning Merrin should be directed to the contact information above.