Terms of use

These Terms of Use (“Terms”) govern your access to and use of the Cloudberry Dreams mobile application, website, and associated services (collectively, the “Service”), operated by NGO “Ukraine Rising” (“Organization,” “we,” “us,” or “our”).

By downloading, accessing, or using the Service, you (“User,” “Parent,” or “Guardian”) agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

• NON-MEDICAL SERVICE: Cloudberry Dreams is an evidence-informed digital wellness tool designed to assist parents in supporting children through Imagery Rehearsal Therapy (IRT) techniques. The Service is not a medical provider, nor does it provide clinical medical advice, psychiatric diagnosis, or professional mental health treatment.
• NO DOCTOR-PATIENT RELATIONSHIP: Use of the Service, including sleep diary tracking and AI-generated story features, does not create a clinician-patient or healthcare provider relationship.
• CONSULT A PROFESSIONAL: The Service is intended strictly as a supportive wellness aid. Always seek the advice of a qualified physician, pediatrician, or mental health professional regarding any medical condition, severe sleep disturbance, or psychological distress. Never disregard or delay seeking professional medical advice because of content provided within the Service.

• Age Requirement: You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to register an account and use the Service. Minors are strictly prohibited from creating accounts independently.
• Parental Representation: By creating an account and registering profile details for a child, you represent and warrant that: (1) you are the legal parent or authorized legal guardian of the child; (2) you assume full responsibility for supervising the child's interaction with any AI-generated content or stories provided through the app; (3) all data provided regarding the child is accurate and provided in accordance with applicable privacy laws.

To access core features of the Service, you must register a parent account.

• Account Accuracy: You agree to provide accurate, current, and complete account information during registration and keep it updated.
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (email and password). You agree to accept responsibility for all activities that occur under your account.
• Unauthorized Access: You must notify us immediately at privacy@cloudberry.kids if you discover or suspect any security breach or unauthorized access to your account.

The Service utilizes automated artificial intelligence algorithms to generate personalized therapeutic narrative scripts based on inputs provided by parents.

A. License to use generated content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access, view, and read AI-generated stories solely for personal, non-commercial, household use.

B. Acceptable use restrictions

You agree not to use the Service to:

• Input inappropriate, explicit, abusive, hateful, or harmful text prompts into the AI generator.
• Circumvent, disable, or interfere with security-related features or safety filters of the Service.
• Use automated systems (e.g., bots, scrapers, crawlers) to access, extract, or monitor any part of the Service.
• Reverse engineer, decompile, or attempt to extract source code from the application or underlying AI mechanisms.
• Resell, sublicense, duplicate, or commercially exploit any portion of the Service or its generated content.

• Ownership: The Service, including software code, application design, branding, trademarks, logos, audio assets, and proprietary algorithms, is the exclusive property of NGO “Ukraine Rising” and its licensors.
• Protection: The Service is protected by international copyright, trademark, and intellectual property laws. You may not use our brand names, logos, or trade dress without prior written consent.
• Feedback: Any feedback, suggestions, or ideas submitted by you regarding the Service become the property of the Organization, and we may use them without restriction or obligation to compensate you.

• Third-Party Infrastructure: The Service relies on third-party cloud hosts, analytics engines, and enterprise AI model providers (e.g., OpenAI, Google Cloud AI). We are not responsible for temporary outages or technical failures caused by external infrastructure.
• In-App Subscriptions & Billing: If you purchase a subscription or feature upgrade via Apple App Store or Google Play Store, billing is managed directly by the respective platform operator under their store terms. Subscription cancellations and refund requests must be processed through your Apple ID or Google Play account settings.

To the maximum extent permitted by applicable law:

• “AS IS” BASIS: The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory (including implied warranties of merchantability, fitness for a particular purpose, or non-infringement).
• EXCLUSION OF DAMAGES: In no event shall NGO “Ukraine Rising,” its directors, officers, employees, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of data, emotional distress, goodwill, or operational interruptions—arising out of or in connection with your access to or use of (or inability to use) the Service.
• LIABILITY CAP: Our total aggregate liability for any claims arising under these Terms shall not exceed the amount actually paid by you to us for the Service during the twelve (12) months preceding the event giving rise to liability, or $50 USD, whichever is greater.

You agree to defend, indemnify, and hold harmless NGO “Ukraine Rising” and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• 1. Your breach of these Terms;
• 2. Your misuse of the Service or AI story generator; or
• 3. Your violation of any third-party rights or applicable laws.

• Termination by Us: We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without prior notice, if we determine you have violated these Terms or engaged in unauthorized or illegal activity.
• Termination by You: You may terminate your account at any time by utilizing the in-app account deletion feature or by emailing privacy@cloudberry.kids. Upon account termination, your right to use the Service ceases immediately, and your associated personal data will be purged in accordance with Section 10 of our Privacy Policy.

• Applicable Law: These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to conflict of law principles.
• Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall first be submitted to good-faith informal negotiations between the parties. If unresolved within thirty (30) days, the dispute shall be submitted to the competent courts of Kyiv, Ukraine.
• International Scope: For users located outside Ukraine, nothing in these Terms deprives you of mandatory consumer protections guaranteed by the laws of your country of residence where local law explicitly takes precedence.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least fourteen (14) days' advance notice via in-app notification or direct email before the new terms take effect. Continued use of the Service after the effective date of updated Terms constitutes your binding acceptance of the changes.

For legal notices, questions, or inquiries regarding these Terms of Use, please contact:

NGO “Ukraine Rising” (ukrainerising.org)

Contact Email: privacy@cloudberry.kids