Mind Terrarium
This is the Terms of Service for Mind Terrarium 2.0 and later. Still on 1.0? That version behaves differently — the Terms of Service for 1.0 is the one that applies to you.
The agreement
These Terms are between you and Will Sutherland, a sole developer in Alberta, Canada, who makes Mind Terrarium. Chilly Dawg Studios is a brand name, not a company. "We" and "us" mean the developer; "the app" means Mind Terrarium.
By downloading or using the app you accept these Terms. If you do not accept them, do not use the app.
You need to be at least 13 years old to use Mind Terrarium. If you are under the age of majority where you live, you may only use it with a parent or guardian's agreement to these Terms.
Your purchase, if you make one, is with Apple or Google under their terms. These Terms cover the app itself.
Not medical care
Mind Terrarium is not therapy, and it is not a crisis service. It is a journal with a game attached. It does not diagnose, treat or monitor any condition, it is not a medical device, and nothing in it is advice from a clinician.
Nobody reads what you write — there is no reviewer, no monitoring and no alerting of any kind. If you are in danger or in crisis, contact your local emergency number or a crisis line in your country. Do not rely on this app to reach anyone.
Your licence to use the app
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control, for your own use. The app, its artwork, its species, its text and its code stay ours.
Your entries are yours
You keep whatever rights you have in your journal entries, dreams and photos. We claim no ownership of them and take no licence to use them.
We could not use them if we wanted to. There is no account, no server of ours holds a copy, and what you write is never sent away to be processed. See the Privacy Policy for the detail.
Storage, backup and loss
Your journal lives on your device. If you delete the app, lose the phone or wipe it, anything stored only there is gone, and we cannot restore it, because we never had it.
On iPhone and iPad you can switch on a backup to your own iCloud. That backup sits in your Apple Account, not with us: we cannot read it, list it or recover it for you, and if you lose access to that Apple Account the backup goes with it. Photos are a separate switch, off by default, so a backup made with it off does not contain your images.
We do not promise that a backup will always be present, complete or restorable. It depends on iCloud being available and on space in your account. You are responsible for your own copies — Settings → Export Journal writes a file you control, and exporting from time to time is the only backup entirely in your hands.
Stardust, wisps and species
Stardust, wisps, species, themes and terrarium bases are virtual items with no monetary value. They are not currency, not property and not redeemable for money. You cannot sell, trade or transfer them, and they exist only inside the app.
We may adjust prices, rewards, drop rates and how items are earned as the app is balanced. Doing so is not a refundable event.
Terrarium+ and payment
Terrarium+ is a one-time purchase, not a subscription. There is nothing to renew and nothing to cancel. Once you have bought it, it stays unlocked for the Apple Account or Google Account that bought it, and you can restore it on another device by signing in with the same account.
The price is shown in the app before you buy, in your local currency, and is set through the app store. The purchase is processed by Apple or Google, not by us; we never see your payment details.
Refunds are handled by the store, not by us. Apple and Google each run their own refund process, and we cannot grant, refuse or reverse one on your behalf. Ask us anyway if something has gone wrong — we would rather know.
What Terrarium+ unlocks may grow over time. We may add to it, and we may change how the free version and the paid one differ, but we will not take away something you have already bought.
Acceptable use
You agree not to:
- reverse-engineer, decompile or tamper with the app, except where the law says you may;
- modify the app or its stored data to obtain purchases, stardust or species you did not earn or pay for;
- redistribute the app, its artwork or its species art;
- use the app in a way that breaks the law where you are.
Availability and changes
The app is offered as it is, when it is. We may change it, add or remove features, or stop supporting a platform or an older OS version. We may stop offering the app altogether. If it is ever discontinued, we will try to give reasonable notice so you can export your journal, but we cannot promise the chance in every circumstance.
We may update these Terms. The date at the top changes when we do, and continuing to use the app after a change means you accept it. If a change is material we will flag it in the app.
Disclaimer
The app is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that any data will be preserved.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing here limits consumer rights that cannot be waived under the law where you live.
Limitation of liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, lost entries or lost virtual items, arising out of your use of the app.
Our total liability for any claim relating to the app is limited to the greater of the amount you paid for it in the twelve months before the claim, or CAD $20.
Indemnification
You agree to indemnify and hold us harmless from claims, damages and reasonable legal costs arising from your misuse of the app or your breach of these Terms.
Ending this agreement
You can end it at any time by deleting the app. We may suspend or end your licence if you materially breach these Terms. The sections on your content, virtual items, disclaimers, liability and governing law survive.
Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in it, without regard to conflict-of-laws rules. The courts of Alberta have jurisdiction, and nothing here removes a protection or a venue that consumer law in your own country gives you.
Severability
If a provision is found unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force.
Assignment
You may not assign these Terms. We may assign them to a successor of the app, and will say so in the app or on this site if that happens.
Force majeure
We are not liable for failures caused by events beyond our reasonable control, including outages at an app store, a cloud provider or a network.