YAWI Terms of Service
Last updated: July 25, 2026
1. Who We Are and Acceptance of Terms
These Terms of Service (this "Agreement") govern access to and use of the YAWI mobile application (the "App" or the "Service"), owned and operated by As You Wish Software, Inc. ("YAWI", "we", "our", or "us"). By accessing or using the Service, or by clicking "I Accept" or a similar button in relation to this Agreement, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree, do not access or use the Service.
2. Changes to This Agreement
We may amend this Agreement from time to time by posting an updated version with a new "Last updated" date and notifying you by an in-App notice. Material changes take effect 30 days after posting; until then, the previous version continues to apply. If you disagree with an amendment, you may terminate this Agreement by ceasing to use the Service before the amendment takes effect, at no cost or penalty. Continued use of the Service after an amendment takes effect constitutes acceptance of it.
3. Eligibility and Account Registration
You represent that you are at least 18 years old (or the age of majority where you reside, if greater), that you have legal authority to enter these Terms, and that you are not barred from using the Service under applicable laws or sanctions lists. The Service is not directed to, and may not be used by, anyone under 18.
You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for safeguarding your credentials and all activity under your account. Notify us promptly at support@asyouwishsoftware.com of any unauthorized use or security incident. We do not maintain backups of your on-device information on your behalf; you are responsible for anything lost or unrecoverable through your use of the Service.
4. Service Description
The Service is a personal wellness companion that helps you build and track healthy habits on your own device. It includes habit and reflection logging (Captain's Log), encouraging feedback (Glimmer), nutrition and exercise logging, barcode scanning for quick food entry, a journal, wellness tracking, and optional one-way importing of your own workout, sleep, body-weight, and step data from third-party health data sources you choose to connect. YAWI does not provide coaching, training, medical, or nutrition advice, and the Service does not connect you to a coach or other users.
5. Health and Wellness Information; No Medical Advice
YAWI is a general wellness tool. It is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. By using the Service, you acknowledge and agree that:
- if you have an emergency, an urgent health concern, or need medical advice, you should stop using the Service and immediately contact your physician or go to the nearest hospital;
- information within the Service, including anything you log, is general in nature and is not medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for timely contact with a qualified healthcare professional;
- YAWI makes no representations or warranties about the accuracy of nutrition, calorie, or other food or fitness data displayed in the Service, including data you enter, data imported from a connected device or service, or data associated with a scanned barcode, all of which may be inaccurate, incomplete, or sourced from third parties YAWI does not control;
- you should never change or stop a course of medical treatment without first consulting your physician; and
- participating in an exercise, nutrition, or wellness program can cause injury, and you elect to do so entirely at your own risk.
6. License and Permitted Use
Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended lawful purpose. All rights not expressly granted are reserved. You may not download, copy, or otherwise store any part of the Service or its underlying materials except as the Service's own functionality expressly permits (for example, exporting your own data).
7. Your Data and On-Device Storage
The wellness information you record in the Service, including habit entries, nutrition and exercise logs, journal entries, body metrics, and any workout, sleep, weight, or step data you import from a connected source, is stored only in the App's database on your device. It is not transmitted to, or backed up on, YAWI's servers. If your device is lost, damaged, reset, or the App is uninstalled, we cannot recover that data for you. Deleting your account, or uninstalling the App, removes this on-device data.
8. Account Data and Authentication
To create and access your account, the Service uses a third-party authentication provider (Auth0, an Okta company). The account information you provide at registration, which consists of your email address, name, date of birth, and sex at birth, is transmitted to and stored by that provider for the purpose of authenticating you and maintaining your account. This account information is the only personal data the Service transmits off your device. Deleting your account from within the App removes this account information from the authentication provider. See our Privacy Policy for full detail.
9. In-App Promotions
The Service may display in-App promotional content, such as a banner linking to a wellness coaching offer or to the YAWI newsletter. Tapping such a link may open a web page outside the App. These promotions are first-party links and do not involve third-party advertising networks or cross-app tracking. See our Privacy Policy for what data this involves.
10. Intellectual Property Rights
All technology, software, compilations, interfaces, trademarks, logos, "look and feel," text, graphics, and other materials provided through the Service (excluding data you enter) are owned by YAWI or our licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. No implied licenses arise from your use of the Service.
Any ideas, suggestions, or feedback you provide about the Service ("Feedback") become YAWI's property without compensation to you, and you provide it freely and voluntarily. We may use or incorporate Feedback into the Service or any future product without restriction or obligation to you.
11. Third-Party Integrations and External Services
The Service integrates with, or allows you to connect, certain third-party services, including authentication (Auth0), fitness data importing (Fitbit), and, on supported devices, Apple HealthKit. Use of any such integration is optional, is at your sole risk, and is governed by that third party's own terms and privacy policy in addition to this Agreement. We are not responsible for the availability, accuracy, or practices of any third-party service, and enabling an integration does not make that third party our agent. You may disconnect an integration at any time through your device or Service settings.
12. Acceptable Use and Conduct
You shall not, and shall not enable or help others to:
- violate any law, regulation, sanctions program, or export control;
- infringe, violate, or misappropriate any third party's intellectual property, privacy, or publicity rights;
- upload or transmit malware, viruses, or code designed to interrupt, damage, or limit the functionality of any software, hardware, or network;
- interfere with or disrupt the Service, including through flooding, denial-of-service activity, or excessive automated requests;
- use bots, scrapers, or other automated means to access or copy the Service except through interfaces we publish for that purpose;
- attempt to gain unauthorized access to the Service, its data, or the systems of any user, including by circumventing security controls; or
- decompile, reverse engineer, or attempt to access the source code of the Service except where mandatory law permits it.
We may suspend or terminate accounts that violate this section, and may immediately suspend access to the Service if we believe, in our sole discretion, that there is an immediate security or operational risk to the Service, other users, or our data.
13. Copyright and Trademark Complaints
If you believe content on the Service infringes your copyright or trademark rights, send a notice to support@asyouwishsoftware.com with the subject line "Copyright/Trademark Notice" that includes: a description of the copyrighted work or trademark you believe is infringed; the location of the allegedly infringing material within the Service; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the information you provide is accurate and that you are authorized to act on behalf of the rights holder.
14. Access to the Service via an App Store
If you access the Service through the Apple App Store or Google Play (the "Appstore Provider"), you acknowledge that: this Agreement is between you and YAWI, not the Appstore Provider; the Appstore Provider has no obligation to provide maintenance or support for the Service; the Appstore Provider is not responsible for addressing any claim relating to the Service, including product liability, legal or regulatory compliance, or consumer protection claims; and, to the extent required by applicable warranty law, the Appstore Provider's sole obligation may be to refund the purchase price, if any, that you paid for the app. YAWI, not the Appstore Provider, is solely responsible for investigating, defending, and resolving any claim that the Service infringes a third party's intellectual property rights. If the Appstore Provider is Apple, Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
15. Service Availability; Modifications
We may modify, suspend, or discontinue any part of the Service at any time, including for maintenance, security, or business reasons. We aim for reasonable uptime but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
16. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY THIRD-PARTY INTEGRATION DATA WILL BE ACCURATE OR SUITABLE FOR YOUR NEEDS.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING ANY THIRD-PARTY INTEGRATION. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT SHALL NOT EXCEED USD $100. THESE LIMITATIONS APPLY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain exclusions or limitations of liability; in such cases, the above limitations apply to the fullest extent permitted by law.
18. Indemnification
You agree to defend, indemnify, and hold harmless YAWI and our officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) the content you enter into the Service; or (c) your violation of this Agreement or applicable law.
19. Cancellation, Account Deletion, and Termination
You may delete your account at any time from within the App (Profile, then "Delete My Account"), which permanently removes your account information from the authentication provider and wipes the wellness data stored on your device. You may also request deletion by contacting support@asyouwishsoftware.com. Uninstalling the App removes the on-device data but does not by itself delete your account information held by the authentication provider.
We may suspend or terminate your access to the Service, without cost or liability to us, if you violate this Agreement, if your use of the Service violates applicable law, or if your use disrupts the Service for other users. Sections intended to survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.
20. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Washington, USA, without regard to its conflict-of-law rules. Before filing a claim, you agree to first contact us at support@asyouwishsoftware.com and attempt to resolve the dispute informally for at least 30 days.
If a dispute is not resolved informally, you and YAWI agree that it will be resolved by binding arbitration on an individual basis under the Streamlined Arbitration Rules and Procedures of JAMS, with the place of arbitration in Seattle, Washington. YOU AND YAWI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Each party bears its own arbitration fees and costs, except that we will pay them for you if the arbitrator finds you cannot afford to. If arbitration is found unenforceable as to a particular claim, that claim may be brought in the state or federal courts located in Washington, and both parties consent to exclusive jurisdiction and venue there. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
21. Miscellaneous
- Severability: If any provision is unenforceable, the remainder remains in effect.
- No Waiver: Failure to enforce a provision is not a waiver of it.
- Assignment: You may not assign this Agreement without our prior written consent; we may assign it freely, including in connection with a merger, acquisition, or sale of assets.
- Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
- Entire Agreement: This Agreement and our Privacy Policy constitute the entire agreement between you and YAWI regarding the Service.
- Headings: Headings are for convenience only.
- Language: This Agreement is made in English; the English version controls.
22. Contact
Questions about this Agreement may be sent to support@asyouwishsoftware.com.