AJ Software Innovation B.V. · Groenendaalkade 1, 2103AA, Heemstede · Netherlands
Last updated: 14-03-2026
These Terms & Conditions (“Terms”) govern your access to and use of the Spoken Diary website, mobile application, messaging integrations, printed book services, and related products and services (collectively, the “Services”) provided by AJ Software Innovation B.V., a private limited company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands (“Spoken Diary,” “we,” “us,” or “our”).
By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
These Terms incorporate our Privacy Policy and any product-specific terms that we make available to you in connection with particular features or purchases. Where additional terms materially affect your rights or obligations, we will present them clearly in connection with the relevant feature or transaction. Where these Terms conflict with mandatory provisions of applicable law — including EU consumer protection law and the GDPR — applicable law prevails.
You must be at least 16 years old to create an account and use the Services. Where local law sets a higher minimum age for digital services, that higher age applies. We have chosen 16 as our minimum account age. Where local law requires a higher minimum age for certain digital services or transactions, that higher age applies.
By using the Services, you represent and warrant that you meet the applicable minimum age requirement and that you have the legal capacity to enter into a binding agreement.
Printed book products may only be purchased by persons aged 16 or over, or with the verifiable consent of a parent or legal guardian.
If you create content about a child or upload a child’s image, you represent that you are the child’s parent or legal guardian, or that you otherwise have lawful authority and all necessary permissions to do so. You accept full responsibility for ensuring that any content involving minors is processed in accordance with applicable law, including the GDPR’s heightened protections for children’s personal data.
Spoken Diary allows users to create digital diary entries using voice, text, photos, and other media. Depending on the features available in your plan or region, the Services may include:
Some features may be experimental, beta, or available only on certain plans, devices, or countries. Certain features may rely on third-party infrastructure, processors, payment providers, print partners, or platform integrations.
To use certain features, you must create an account and provide accurate, current, and complete information. You are responsible for keeping your login credentials confidential and for all activity occurring under your account.
You must notify us promptly if you believe your account has been accessed without authorisation.
We may suspend, restrict, or terminate accounts that contain false information, violate these Terms, or pose security or legal risk.
Where reasonably possible, we will notify you before or promptly after a suspension, unless doing so would create security, legal, or fraud-prevention risk.
“User Content” means any audio, voice recordings, text, diary entries, photos, images, captions, comments, prompts, metadata, exported materials, or other content you upload, submit, record, send, create, or store through the Services.
You retain full ownership of your User Content. The limited licence you grant us is described in Section 5.
You are solely responsible for your User Content and for ensuring that you have all rights, consents, and permissions necessary to upload, use, print, share, and otherwise exploit that content through the Services.
You represent and warrant that your User Content and your use of the Services will not:
Given that many users create diary entries about their children, you specifically warrant that any photographs, recordings, or personal information relating to a minor that you upload have been collected with appropriate parental or guardian authority, and that their processing through the Services complies with applicable law. You acknowledge that photos of children constitute sensitive personal data under the GDPR and accept sole responsibility for the lawfulness of uploading such content.
You have the right to obtain a copy of your User Content — including audio recordings, transcripts, AI-generated diary entries, and photos — in a structured, commonly used, machine-readable format. You may exercise this right at any time by contacting support at support@spoken-diary.com or through any export tools we make available. This right applies both during an active subscription and after cancellation. See also Section 16 regarding data retention after termination.
To operate the Services, you grant Spoken Diary a limited, non-exclusive, revocable, worldwide, royalty-free licence to host, store, reproduce, process, adapt, modify, transcribe, analyse, format, arrange, display, generate derivative outputs from, print, and transmit your User Content solely as necessary to:
We do not acquire ownership of your User Content.
We will not use your User Content to train, fine-tune, benchmark, or otherwise improve any AI or machine-learning model — our own or those of our third-party providers — unless you have separately and affirmatively consented to such use. This prohibition applies to your voice recordings, transcripts, diary text, and photos. Any request for such consent will be made through a clear, standalone mechanism and will never be bundled with acceptance of these Terms or any other consent.
The Services use artificial intelligence, machine learning, automated speech recognition, image processing, and related technologies to generate transcripts, rewrites, summaries, layouts, captions, photo selections, and other outputs (“AI Outputs”).
As stated in Section 5, we do not use your User Content to train any AI model without your explicit consent. The AI providers we engage are contractually prohibited from using your data for their own model training. We select providers whose default policies protect user data, and we maintain Data Processing Agreements with those providers in accordance with GDPR Article 28.
You acknowledge and agree that:
You remain responsible for the final content you choose to save, export, share, or print. The original audio and transcript are always available for you to retrieve so you can verify any AI Output against your original words.
Our collection, use, storage, and disclosure of personal data are described in our Privacy Policy, which forms part of these Terms.
By using the Services, you acknowledge that your content may be processed by hosting, transcription, AI, printing, payment, analytics, messaging, and other third-party service providers acting as data processors on our behalf. We enter into written Data Processing Agreements with all such processors and use commercially reasonable efforts to ensure they process data consistently with our Privacy Policy and applicable GDPR requirements.
Where your personal data is transferred outside the European Economic Area, we ensure appropriate safeguards are in place — such as Standard Contractual Clauses approved by the European Commission — before any such transfer occurs.
Unless we expressly state in writing that a specific feature is end-to-end encrypted, you should not assume that it is. Where we offer optional encrypted storage or enhanced privacy features, the scope and limitations will be described in the applicable product documentation.
If you connect Spoken Diary to WhatsApp, Telegram, email, cloud storage, app stores, or other third-party platforms, the following applies:
You authorise us to receive, process, and store content sent through linked third-party integrations in order to provide the Services.
If Spoken Diary offers printed books, journals, cards, or other physical products:
We reserve the right to reject or cancel print orders that violate these Terms, violate applicable law, create risk for our vendors, or contain prohibited content.
Certain Services require payment, including subscriptions, storage, premium AI features, exports, and printed products.
Your consent to these Terms and your authorisation of automatic billing are independent. You must separately and explicitly agree to automatic renewal terms at the time of purchase; this agreement is never bundled with acceptance of these Terms.
Unless otherwise stated, subscriptions automatically renew for successive billing periods of the same length until cancelled. We will send you a reminder before each renewal, including the renewal amount and the date on which your payment method will be charged. You may cancel at any time. Under Dutch consumer law, we will not require more than one (1) month’s notice to cancel a subscription, regardless of the billing period. Cancellation stops future renewals and does not retroactively refund already-billed periods, except as provided in Section 11.
We may change subscription pricing at any time. For material price increases, we will provide at least 30 days’ advance notice by email before the change takes effect. If you do not cancel before the change takes effect, you will be deemed to have accepted the new price.
Subscriptions purchased through Apple App Store or Google Play are additionally governed by the relevant platform’s billing terms. We do not have access to billing records for those transactions.
If you are an EU consumer, you have the right to withdraw from a subscription purchase within 14 days of the date of purchase, without giving any reason (“Cooling-Off Period”), in accordance with the EU Consumer Rights Directive (2011/83/EU) and applicable Dutch consumer law.
If you request that the Services commence immediately during the Cooling-Off Period — for example, by using the app, recording an entry, or receiving AI-generated content within 14 days of purchase — you will be asked to explicitly acknowledge that (i) you consent to the Services starting immediately, and (ii) you waive your right of withdrawal once the Services have been fully performed or once you have begun using them, as applicable. This waiver request will be presented as a separate, clearly worded tick-box at the time of purchase. If you do not grant this waiver, the Services will not commence until the Cooling-Off Period has expired.
To exercise your right of withdrawal, notify us within 14 days by email at support@spoken-diary.com. We will confirm receipt and process any applicable refund within 14 days of receiving your withdrawal notice, using the same payment method used for the original transaction.
After the Cooling-Off Period — or after waiver — the following applies:
If a printed product arrives damaged, defective, or materially inconsistent with the approved order due to our error or our production partner’s error, we will — at our discretion — replace the item, reprint it, issue store credit, or provide another appropriate remedy. Claims must be submitted within 30 days after delivery and may require photographs and order details.
You may not use the Services to:
We may investigate violations and cooperate with law enforcement where appropriate.
The Services — including our software, designs, templates, branding, interfaces, page layouts, look and feel, logos, and related intellectual property — are owned by or licensed to Spoken Diary and are protected by applicable intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial use.
You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services except as expressly permitted by us in writing.
If you provide suggestions, ideas, feedback, or feature requests, you grant us a non-exclusive, worldwide, royalty-free right to use them for as long as reasonably necessary to operate and improve the Services, without restriction or compensation to you.
We may add, remove, suspend, or modify features at any time. We do not guarantee that any feature, plan, storage level, integration, or content format will remain available indefinitely.
We may impose reasonable limits on recordings, file sizes, storage volume, export volume, photos, entry length, or usage frequency. We will notify you of any material reduction to limits that affect your existing content.
We are not liable for delays, deletion, delivery failures, corrupted files, unsupported formats, or backup failures, although we will use commercially reasonable efforts to operate the Services reliably.
We strongly encourage you to keep your own backups of important content and to use the data export function available in your account settings.
You may stop using the Services and close your account at any time through your account settings.
We may suspend or terminate your access, remove content, refuse future orders, or close your account immediately if:
Following account closure — whether initiated by you or by us — we will retain your User Content (including audio recordings, transcripts, diary entries, photos, and generated outputs) for a period of 90 days (“Retention Period”). During this time, you may request a copy of your User Content in a structured, commonly used, machine-readable format at any time by contacting support@spoken-diary.com. At the end of the Retention Period, your User Content will be permanently and irreversibly deleted from our systems and those of our processors.
If you submit a deletion request before the Retention Period expires, we will permanently delete your data within 30 days of receiving the request, subject to any legal obligation to retain certain records (e.g. transaction records required by tax law).
Termination does not affect obligations that accrued before termination, including any outstanding payment obligations.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOKEN DIARY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR SYSTEM INTEGRATION.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; TRANSCRIPTIONS OR AI OUTPUTS WILL BE ACCURATE OR COMPLETE; PHOTO SELECTIONS OR LAYOUTS WILL MEET YOUR EXPECTATIONS; PRINTED PRODUCTS WILL BE FREE FROM MINOR VARIATIONS; OR ANY CONTENT WILL ALWAYS BE AVAILABLE, RETRIEVABLE, OR PRESERVED.
NOTHING IN THIS SECTION LIMITS ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE MANDATORY CONSUMER PROTECTION LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOKEN DIARY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE DUTCH OR EU LAW.
You agree to defend, indemnify, and hold harmless Spoken Diary and its affiliates, officers, directors, employees, contractors, suppliers, licensors, and partners from and against any claims, actions, liabilities, damages, losses, judgments, costs, and expenses, including reasonable legal fees, arising out of or related to:
These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules.
Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the competent courts of Amsterdam, the Netherlands. This choice of forum does not affect any non-waivable right you may have under applicable consumer law to bring a claim before the courts of your place of residence within the EU.
For EU consumers, the European Commission provides an Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/. Our contact email for ODR purposes is support@spoken-diary.com.
Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law.
If you are located in the EU, UK, or another jurisdiction with mandatory consumer protections, those rights apply notwithstanding any conflicting provision of these Terms. In particular, for EU consumers:
We may update these Terms from time to time. If we make material changes, we will:
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you may close your account before they take effect and request an export of your data.
Spoken Diary / AJ Software Innovation B.V.
Groenendaalkade 1, 2103AA Heemstede, Netherlands
Chamber of Commerce (KvK) number: 42003203
General enquiries: info@spoken-diary.com
Support & withdrawal requests: support@spoken-diary.com
Data protection queries: privacy@spoken-diary.com