Terms of Service

Agreement to Terms

Welcome to Donny Wonny! By accessing or using our mobile application, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you and Donny Wonny LLC ("Donny Wonny," "we," "our," or "us").

1.2 Age Requirements

• United States and baseline: You must be at least 13 years old to use our Services. The Services are not directed to, and we do not knowingly permit, children under 13 to create an account or otherwise use the Services.
• We do not offer an under-13 registration path. If we learn that an account belongs to a child under 13, we will disable it and delete the associated data.
• Regional minimum ages (where law requires a higher threshold):
  • Australia: 16+ to create or maintain an account when accessing from Australia (Online Safety Act minimum age framework, effective 10 December 2025). Additional age-assurance measures may apply before we market in Australia; see our regional compliance notes.
  • Malaysia: 16+ to create or maintain an account when accessing from Malaysia (Online Safety Act 2025 Child Protection Code, effective 1 June 2026). ID-based age verification may be required for in-scope platforms before we market in Malaysia.
  • European Economic Area / UK: Where GDPR/UK GDPR sets a higher digital consent age (up to 16), parental consent may be required for users below that age in applicable member states.
  • India: 18+ when accessing from India (DPDP Act 2023). We enforce 18+ at signup from India IP addresses. A verified parental-consent path for users under 18 is not available in the product today; we may add one later where law permits.
  • South Korea: 14+ unless parental consent applies under PIPA.
• Users aged 13–17 (or the applicable regional minimum through 17) may use the Services with parental/guardian awareness and involvement, and consent where required by law.
• Social / community features: Donny Wonny includes community posts, direct messaging, Donny Dens, and public Journeys. Some jurisdictions (including Australia and Malaysia) regulate services with these capabilities as social media or equivalent, with 16+ minimum ages and additional age verification requirements. We enforce applicable minimum ages by region and may require third-party age verification that confirms eligibility without storing your government ID or date of birth on our systems.
• Classification note: We present wellness and support use cases to regulators but plan compliance as if social-media rules apply where community features exist. Contact legal@donnywonny.com for jurisdiction-specific questions.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• In-app notification
• Email to your registered address
• Prominent notice on our website

Continued use after changes constitutes acceptance of the new Terms.

2. Description of Service

Donny Wonny is a personal development and growth support application that provides:

• AI-powered growth companion features ("Donny Wonny")
• Community features for personal development
• Progress tracking and goal-setting tools
• Educational content and resources
• Scream Section feature for emotional expression and crisis support
• Journal and creative expression tools
• Soul Sparks challenges and activities
• Journeys — public growth stories driven by your real progress (journals, streaks, sparks), which others can follow
• Donny Blueprints — shareable Donny personality configurations that users can publish and others can subscribe to, which causes Donny to create a copy of that personality for the subscriber
• Spark Series — multi-day challenge series created by users, where subscribers receive a curated spark challenge each day
• Curated Challenges — official app-curated monthly/weekly themed challenges (e.g., "30-Day Gratitude"). Curated challenges are for general wellness only and do not constitute medical advice.
• Smart Journal Prompts — AI-generated personalised journal prompts based on your mood data and goals
• User Badges & Titles — badges earned through engagement milestones displayed on your profile
• Community Comments & Reactions — threaded comments and emoji reactions on community posts
• Voice-to-Journal — audio recording transcription to create journal entries (audio is transcribed and immediately deleted; not stored)
• Rewards Marketplace — redeem earned points for in-app rewards (themes, streak freezes, profile flair, and similar)
• Find Your Tribe — opt-in user matching based on shared interests and goals
• @Mentions — tag other users in community posts and comments using @username; mentioned users receive notifications
• Friend Connections — send, accept, and manage mutual friend requests with other users
• Direct Messages (DMs) — 1:1 private conversations between users. New conversations from people you are not connected to are routed to a Message Requests inbox; you can accept (which opens the conversation) or decline (which silently blocks the sender — see Section 4 for details). On supported mobile clients (see Privacy Policy §4.1.1), direct messages use end-to-end encryption (Olm and Megolm — the open, audited Double Ratchet protocols maintained by The Matrix.org Foundation, Apache-2.0 licensed). Conversations involving supervised minors include a copy readable by that minor's verified parent on the parent's device (see Section 6 and Privacy Policy §4.1.1). Journals, Let It Out vents, Donny Den chats (by default), mentor feeds, and AI chat are E2E — see Privacy Policy §4.1.0.

CRITICAL LEGAL NOTICE REGARDING PEER MENTORSHIP: Mentors are independent community members, NOT employees, contractors, or agents of Donny Wonny LLC. We do not verify mentor credentials or guarantee advice quality. Mentor guidance is peer advice only and is NOT a substitute for licensed professional services. See Section 17 for full details.

CRITICAL LEGAL NOTICE: Donny Wonny is NOT a medical, therapeutic, counseling, telehealth, or mental health treatment service. It is designed for personal growth and general wellness support only. The AI companion, Let It Out (text venting; legacy code name Scream Section), and all other features are for general support purposes only — not clinical care. We do NOT provide medical advice, diagnosis, treatment, psychotherapy, or psychiatric services. We are NOT licensed healthcare providers, clinicians, or emergency responders. This app is NOT a substitute for professional mental health care, therapy, or medical treatment.

2.1 Wellness-Only Classification (Insurance & Regulatory)

Donny Wonny LLC operates the Service exclusively as a general wellness and personal-growth technology platform, not as:

• A healthcare provider, clinic, or telehealth service
• A mental health treatment, psychotherapy, or counseling service
• A crisis intervention or emergency response service
• A medical device or FDA-regulated diagnostic tool

You agree that:

• No feature (including AI chat, journaling, crisis keyword screening, mentor sessions, or community content) constitutes medical or mental health treatment.
• Automated crisis keyword detection is not a clinical assessment and does not trigger professional intervention.
• Mentors are independent contractors providing general life guidance — not licensed therapists unless they separately represent otherwise off-platform.
• Insurance policies covering healthcare, telehealth, or professional mental health services do not apply to Donny Wonny's Service; claims arising from use of the Service are excluded from such coverage to the fullest extent permitted by law.

If you need mental health treatment, diagnosis, or emergency help, contact a licensed professional or emergency services (988 or 911 in the United States).

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account by providing:

• Valid email address
• Username
• Password
• Date of birth (for age verification)

You must provide accurate and complete information when creating an account.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must use a strong password and enable two-factor authentication (2FA) if available
• We are not liable for unauthorized access due to weak passwords or failure to use available security features
• You may NOT share your account credentials with anyone
• Sharing credentials violates these Terms and may result in account termination
• Notify us immediately of any unauthorized access

3.3 Account Termination

• We may terminate or suspend your account at any time for violation of these Terms
• You may terminate your account at any time through Settings or by contacting us
• Upon termination, you may export your data before account deletion
• We reserve the right to delete data 30 days after account termination

3.4 Account Suspension and Bans

Timed Suspensions:

• We may temporarily suspend your account for a specified duration for violating our community guidelines or these Terms
• Timed suspensions automatically expire after the designated period, and full access is restored without any action on your part
• During a suspension you may not access any features of the Service

Permanent Bans:

• For severe or repeated violations, we may permanently ban your account
• When a permanent ban is issued, we record your IP address and device fingerprint to prevent you from creating new accounts (see our Privacy Policy Section 2.5)
• Attempting to circumvent a ban by creating new accounts constitutes a further violation of these Terms and may result in additional legal action

Content Moderation (Soft-Hide):

• We may hide ("soft-hide") individual pieces of content (posts, comments, messages, stories) that violate our content standards without deleting them
• Hidden content is removed from public view but retained for administrative review
• Hidden content may be restored if determined to not violate our standards

Bulk Actions:

• We reserve the right to take action on multiple accounts simultaneously when we identify coordinated or widespread abuse

Direct-Message Cross-Account Abuse Detection:

• We operate an automated cluster-detection system that links accounts attempting to harass other users via direct messages, using hashed IP addresses, device fingerprints, and message-pattern signals (described in our Privacy Policy §4.1.2). Based on signal strength and number of distinct victims, the system applies one of three actions:
  • Log only (low confidence): no user-visible effect; recorded for moderation review.
  • Silent shadowban (medium confidence): your message requests are accepted by our servers but never delivered. We do not notify you that you have been shadowbanned, because doing so would let abusers iterate around our defenses. If you believe you have been shadowbanned in error, you may submit an appeal under §3.5.
  • Account suspension + victim notification (high confidence — five or more distinct victims in 24 hours sharing one cluster): your account is suspended pending review and the targeted users are notified that we have blocked someone who was sending them abusive messages.
• All automated actions are recorded in our moderation dashboard and are subject to manual review and reversal by a human moderator. The appeal process in §3.5 applies to all three tiers.

3.5 Appeals Process

• If your account is suspended, banned, or your content is hidden, you may submit an appeal through the Service
• Each enforcement action may be appealed once while it is active
• Appeals are reviewed by our moderation team
• If your appeal is approved, the enforcement action will be reversed (e.g., your account will be reinstated or your content will be restored)
• If your appeal is denied, the original action remains in effect
• We endeavor to review appeals promptly, but we do not guarantee a specific timeline
• The decision on an appeal is final

4. Subscription and Billing

4.1 Free and Paid Services

We offer both free and premium subscription tiers:

• Free Tier: Basic features with limitations
• Premium Tier: Full access to all features ($14.99/month or $143.99/year)
• Donny Dens tier: Multi-user access for families and shared dens ($24.99/month or $239.99/year)

4.2 Payment Terms

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is processed through secure third-party payment processors (Stripe, Apple, Google)
• Prices are subject to change with 30 days notice
• You authorize us to charge your payment method for recurring subscriptions

4.3 Automatic Renewal

• Subscriptions automatically renew unless canceled before the renewal date
• You can cancel anytime through Settings or your app store account
• Cancellations take effect at the end of the current billing period
• Refund eligibility for partial periods depends on where you purchased (see §4.4): app-store purchases follow Apple/Google policies, while website (Stripe) purchases may qualify for proration under our refund policy

4.4 Refunds and Cancellations

How a subscription refund is handled depends on where you purchased it, because that determines who processes the payment:

• Subscriptions purchased inside the iOS or Android app (Apple App Store / Google Play): the app store processes the payment, so refunds are governed by Apple's or Google's refund policies and must be requested directly from them. We cannot issue or override these refunds. See Apple's and Google Play's refund instructions.
• Subscriptions purchased on our website (donnywonny.com, processed by Stripe): the policy below applies and we can process the refund for you.

Website (Stripe) subscription refunds:

• 30-Day Refund Policy: New subscribers can request a full refund within 30 days of their initial subscription purchase. Refunds at or below $80 auto-approve through self-service; larger amounts (and most annual plans, which exceed $80) go to admin review first.
• After 30 days — billing-cycle proration:
  • Monthly subscriptions prorate the current month's charge by the days remaining in that 30-day cycle.
  • Quarterly subscriptions prorate the current quarter's charge by the days remaining in the 91-day cycle.
  • Annual subscriptions are reviewed case-by-case (no automated proration after 30 days; annual amounts always exceed the $80 auto-approve threshold).
• Anti-abuse cap: After two auto-approved refunds in any rolling 365-day window, further self-service refunds queue for manual review.
• To request a website/Stripe refund, use the in-app self-service flow (Settings → Refunds, which covers website-purchased subscriptions) or contact support@donnywonny.com.
• Your statutory consumer rights (e.g. EU/UK withdrawal rights) apply on top of the above regardless of where you purchased.
• See our Refund Policy for full details and worked examples.

4.5 Physical Merchandise Refunds & Returns

Physical merchandise (apparel, accessories, books, prints, etc.) is fulfilled by third-party print-on-demand vendors (currently Printful and Lulu Direct). Because each item is custom-printed for you, the following policy applies and supersedes the subscription policy in §4.4 for merch orders:

• Defective / damaged / wrong item — 30-day window: Contact support@donnywonny.com within 30 days of delivery with a clear photo of the issue. We will issue a full refund or send a free replacement at our discretion. The customer never pays return shipping.
• Change of mind / wrong size after ordering: Because items are made-to-order, we cannot accept returns for buyer's-remorse, color preference, or size selection mistakes after the order has entered production. Please review your selection at checkout.
• Vendor-cancelled or failed orders: If the vendor cancels, fails to produce, or marks the parcel as undeliverable / returned-to-sender, an automatic full refund is issued to your original payment method (typically within 5–10 business days). No action is required on your part — you will receive an email confirmation.
• Lost in transit: If tracking shows no movement for 21 days after dispatch (45 days for international), contact support and we will reprint or refund.
• Refund processing: Approved merchandise refunds are processed via Stripe to the original payment method. Stripe fees are absorbed by us, not deducted from your refund.

To request a merchandise refund, email support@donnywonny.com with your order number and a photo of any defect.

4.6 Gift Subscriptions

• Gift subscriptions can be purchased for other users
• Gift recipients receive the subscription duration purchased
• Gift subscriptions do not auto-renew
• No refunds on gift subscriptions after redemption

4.7 Product Catalog & One-Time Purchases

In addition to subscriptions, we offer one-time digital products:

Customization Packs:

• Outfits, personality packs, animation effects, and room themes for your Donny companion
• Customization packs may be refunded within 7 days of purchase if not yet applied to your account
• Once applied, customization packs are non-refundable
• The "Ultimate Customization Bundle" includes all customization items at a discounted price

Content Packs (Soul Spark Packs):

• Wellness toolkits, guided meditation programs, confidence builders, sleep programs, and more
• Content packs may be refunded within 7 days of purchase, subject to review
• Content packs provide permanent access once purchased
• The "All-Access Content Bundle" provides access to all current and future content packs for one year from purchase date

4.8 Virtual Currency

Donny Coins & Gems:

• Virtual currency (Donny Coins and Gems) can be purchased and used within the Services
• Virtual currency has no real-world monetary value and cannot be exchanged for cash
• Virtual currency is non-transferable between accounts
• Virtual currency does not expire
• Unused virtual currency is non-refundable
• We reserve the right to adjust virtual currency pricing and exchange rates with reasonable notice
• If your account is terminated for violations, any remaining virtual currency balance is forfeited

4.9 Donny Wonny Guided Journal Activation Codes

Each printed copy of the Donny Wonny Guided Journal (Lulu print-on-demand or fulfilled gift) ships with a single-use activation code printed inside the cover. Redeeming a valid code grants the redeeming user 1 month of Premium access at no additional charge plus permanent access to that journal volume’s in-app companion content (matching meditations, Sparks, and chat seeds). The permanent journal-tied access stays unlocked for the redeeming user even after Premium ends.

• One redemption per (user, volume): A given user account may redeem at most one code per journal volume. Multiple codes for the same volume on the same account will be rejected.
• Cumulative ceiling: A maximum of 24 months of journal-granted Premium may be active on a single account at any time. Codes that would push your active grant above this ceiling are rejected; you may redeem them later once your existing grant has elapsed.
• Single-use: Once a code is redeemed it is permanently consumed. Codes cannot be re-used, transferred, or sold after redemption.
• Gifting before redemption: Sealed/unredeemed journals (and the codes within them) may be gifted freely. After a code has been redeemed it is bound to that account and cannot be transferred.
• No cash value, non-refundable post-redemption: Activation codes have no monetary value and cannot be exchanged for cash, refunds, or substituted product. Refunds for the physical journal itself follow Lulu's policy.
• Lost or damaged codes: If your printed code is missing, illegible, or your journal arrives damaged, contact support@donnywonny.com with proof of purchase. We will issue a one-time replacement code at our discretion.
• Auto-issued codes for digital purchases: When you purchase a journal via our online checkout, we may issue and auto-redeem a code on your account at the time of purchase as a convenience.
• Expiration of granted Premium: Journal-granted Premium ends automatically when the granted period elapses unless you have a separate paid subscription. Your account is downgraded to Free at that time.
• Codes do not stack with active paid subscriptions: If you already have an active recurring Premium subscription when you redeem a code, the granted months are queued and applied at the end of your current paid period (subject to the 24-month ceiling).

5. Acceptable Use and Prohibited Conduct

5.1 Permitted Uses

• Personal development and growth activities
• Community engagement and support
• Educational content consumption
• Goal setting and progress tracking
• Creative expression through journals, artwork, and stories
• Participation in Soul Sparks challenges, Spark Series, and curated challenges
• Following and sharing Journeys
• Publishing and subscribing to Donny Blueprints
• Earning and redeeming points in the Rewards Marketplace
• Using voice-to-journal recordings
• Opting into Find Your Tribe matching

5.2 Prohibited Uses

You may NOT use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Harass, abuse, or harm other users
• Share false, misleading, or harmful information
• Attempt to gain unauthorized access to the Service
• Use the Service for commercial purposes without permission
• Share content that is illegal, harmful, or inappropriate
• Use the Scream Section feature to share graphic violence, illegal activities, or inappropriate content
• Attempt to manipulate or exploit the crisis detection system
• As a Mentor: claim credentials, licenses, or qualifications you do not actually hold
• As a Mentor: solicit mentees to communicate, meet, or transact outside the Donny Wonny platform
• As a Mentor: request or collect fees, gifts, or compensation outside the in-app rate system
• As a Mentor: engage in romantic, sexual, or inappropriate communication with mentees
• As a Mentor: provide advice in an emergency situation rather than directing mentees to emergency services
• Reverse engineer, decompile, or disassemble the Service
• Use automated bots, scrapers, or data mining tools
• Circumvent any security features or access controls
• Upload malware, viruses, or malicious code
• Attempt to hack, crack, or breach the Service
• Share or distribute cracked versions of the app
• Resell, redistribute, or sublicense the Service
• Impersonate others or create fake accounts
• Spam, phish, or send unsolicited communications

5.3 Content Standards

All user content must:

• Comply with applicable laws
• Respect others' rights and dignity
• Be appropriate for ages 13+
• Not contain hate speech, threats, or harassment
• Not contain graphic violence or sexual content
• Not promote illegal activities or self-harm
• Not use @mentions to harass, spam, or target other users
• Not abuse collaborative project invitations for unsolicited contact

5.X Direct Messaging Rules

Message Requests Inbox. When someone you are not already connected to sends you a direct message, it is routed to a separate Message Requests inbox. You will see only the sender's display name and a short preview, never their full conversation history.

• Accept moves the conversation to your normal inbox; the sender may then DM you freely until you block them.
• Decline silently blocks the sender. They are NOT notified. Any future messages from that account are dropped without their knowledge. You can later remove the block from your block list.

Anti-abuse rules. You agree NOT to:

• Send unsolicited messages, advertisements, links, or solicitations to users you are not connected to (this is spam and grounds for account suspension).
• Use automated tools, scripts, or scrapers to send messages, scrape conversations, or extract user data.
• Create new accounts to evade a block, decline, or suspension.
• Attempt to circumvent the Message Requests inbox, rate limits, or parental supervision controls.
• Send sexually explicit, threatening, harassing, or unlawful content to any user, and especially never to a minor.
• Impersonate any other person, including other users, our staff, public figures, or family members of a user.
• Send any communication to a supervised minor that you would not be comfortable with their parent reading. All messages to and from supervised minors are visible to that minor's verified parent. A "Your parent can read these messages" badge is shown to the minor in every supervised conversation.

Encryption. On supported mobile clients, direct message bodies are end-to-end encrypted (Olm and Megolm — the open, audited Double Ratchet protocols maintained by The Matrix.org Foundation, Apache-2.0 licensed). Conversations involving supervised minors include a family escrow envelope decryptable on the verified parent's device — this is a deliberate child-safety design disclosed in the app UI and Privacy Policy §4.1.1. Journals, Let It Out, Donny Den chats (by default), mentor feeds, and AI chat are server-readable (encrypted at rest, not E2E) — see Privacy Policy §4.1.0.

Rate limits. We rate-limit message sending and block changes per account to prevent abuse. Hitting these limits is not an error in our service — slow down.

Reporting abuse. Any user can report a message or a sender from inside the app. Reports are reviewed by our moderation team. Submitting knowingly false reports is itself a violation of these Terms.

6. Content and Intellectual Property

6.1 User Content Ownership

Ownership: You retain ownership of content you create (journals, artwork, stories, etc.).

License to Us: By posting content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Host, store, and display your content
• Use for service improvement and AI training (anonymized, subject to your preferences in Settings > Privacy > AI Training Preferences)
• Share within features you enable (Connections, Donny Dens, Community)

Public Content: Content you share publicly (community posts, shared achievements) may be:

• Viewed by other users
• Featured in marketing materials (with your consent)
• Used in anonymized aggregate analytics

Journeys: When you set a Journey to public in Journey settings, your progress score (a composite 0–100 score derived from your journals, sparks, and streaks), milestone badges, and activity statistics (entry count, spark completions, streak length, word count) become visible to any user who views your Journey or follows you. You can set a Journey to private at any time. Private Journeys are not visible to other users.

Donny Blueprints: When you publish a Blueprint, you are sharing a sanitized copy of your Donny's personality type, traits, greeting style, appearance settings, and a description. No private conversation history, journal content, or account data is included in a Blueprint. Subscribers receive a newly-created Donny with those same personality settings — they do not receive access to your account or your Donny's conversation history.

Spark Series: When you create and publish a Spark Series, the series title, description, challenge list (day-by-day sparks), category, difficulty, and your display name are publicly visible. Subscribers' individual progress is private.

6.2 Our Content and Intellectual Property

• The Service and its content are protected by intellectual property laws
• You may not copy, modify, or distribute our content without permission
• Donny Wonny, our logos, and trademarks are our property
• Unauthorized use of our intellectual property may result in legal action

6.3 Anti-Piracy and Software Protection

We take software piracy seriously. Any attempt to:

• Crack, hack, or reverse engineer the app
• Distribute unauthorized copies of the app
• Remove or bypass license verification
• Share premium features without payment
• Create or distribute modified versions of the app
• Sell or resell the app without authorization

Will result in:

• Immediate account termination
• Legal action under the Digital Millennium Copyright Act (DMCA)
• Pursuit of statutory damages up to $150,000 per violation
• Criminal prosecution if applicable
• Permanent ban from all Donny Wonny services

We actively monitor for:

• Pirated versions on app stores
• Cracked APK/IPA files on websites
• Unauthorized redistribution
• License key generators
• Modified app binaries

Report piracy: If you discover pirated versions of Donny Wonny, please report to legal@donnywonny.com. We offer rewards for valid piracy reports.

6.4 Feedback

Feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

6.5 DMCA Copyright Notice and Counter-Notice Procedure

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512.

6.5.1 Designated DMCA Agent

To file a copyright infringement notice or counter-notice, contact our Designated DMCA Agent:

Service provider: Donny Wonny LLC
Email: dmca@donnywonny.com
Phone: (214) 810-3716
Mail: Donny Wonny LLC — DMCA Copyright Agent, 539 W. Commerce St Ste 5827, Dallas, TX 75208, United States

Our designated agent is registered with the U.S. Copyright Office Designated Agent Directory (https://dmca.copyright.gov) for service provider Donny Wonny LLC, registration DMCA-1072442, effective May 7, 2026 (status: Active).

6.5.2 Filing a Notice of Infringement (Takedown)

If you believe content on our service infringes your copyright, send our DMCA Agent a written notice that includes all of the following (per 17 U.S.C. §512(c)(3)):

1. A physical or electronic signature of the copyright owner or someone authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, with sufficient detail to permit us to locate it (URL, username, post ID, etc.).
4. Your contact information: address, telephone number, and email.
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will process compliant notices promptly. We may share your notice with the user whose content was the subject of the takedown.

Knowingly false notices can result in liability for damages, including costs and attorneys' fees, under 17 U.S.C. §512(f).

6.5.3 Counter-Notice

If your content was removed in response to a DMCA notice and you believe the removal was a mistake or misidentification, you may submit a counter-notice to our DMCA Agent. The counter-notice must include all of the following (per 17 U.S.C. §512(g)(3)):

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location at which it appeared before removal.
3. A statement, made under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notice or that person's agent.

If we receive a valid counter-notice, we will forward a copy to the party that submitted the original DMCA notice. Unless that party files a court action seeking an injunction within 10 to 14 business days of our receipt of your counter-notice (per 17 U.S.C. §512(g)(2)), we will restore the removed content.

6.5.4 Repeat Infringer Policy

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers, consistent with 17 U.S.C. §512(i). Repeated or egregious infringement may also result in immediate termination without prior warning.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your data. By using our Services, you also agree to our Privacy Policy.

Key Points:

• We encrypt sensitive data (journals, messages)
• We don't sell your personal information
• You can export or delete your data anytime
• We implement GDPR, CCPA, and COPPA practices (self-assessed, not third-party certified)
• We use Firebase for data storage and authentication
• We may use cookies and analytics for service improvement

8. AI and Generated Content

8.1 AI Interactions

Our AI companion ("Donny Wonny") is powered by language models and:

• May occasionally produce inaccurate or inappropriate content
• Are not substitutes for professional advice (medical, legal, financial)
• Improve over time through machine learning
• May contain biases or limitations
• AI responses may change over time as the system learns

8.2 No Professional Advice

Donny Wonny is NOT:

• A mental health treatment or therapy service
• A substitute for professional medical advice
• A crisis intervention service
• A licensed counseling service
• A replacement for emergency services (911)

If you are experiencing a mental health emergency, call 911 or contact:

• National Suicide Prevention Lifeline: 988 or 1-800-273-8255
• Crisis Text Line: Text "HELLO" to 741741
• Your local emergency services

8.3 Crisis Detection and Scream Section ("Let It Out")

Our "Let It Out" feature (text venting in the mobile app today) provides:

• A private emotional expression space
• Automated keyword-based crisis level screening on our servers (low / medium / high) — not a medical assessment
• Supportive response copy and emergency resource information (988 Lifeline, Crisis Text Line, 911) when appropriate
• Automatic parental safety alerts when a supervised minor uses the feature at a medium or high crisis level (alerts include crisis level only — not venting content), delivered via family notification settings when a linked guardian account exists
• Parents/guardians may restrict a child's access to this feature via Family Content Settings

Important Limitations:

• Emergency resources are provided for information only
• We do not automatically contact emergency services
• Users are responsible for seeking professional help when needed
• Crisis screening cannot diagnose, treat, or cure any medical or mental health conditions
• No guarantee that crisis screening will prevent harm
• No guarantee of AI response accuracy or appropriateness
• Crisis detection is automated and may have false positives or false negatives
• Parental safety alerts are based on linked parent accounts and may not be delivered if no parent account is linked
• No control over family member response to crisis notifications

9. Third-Party Services and Links

9.1 Third-Party Integrations

We may integrate with third-party services:

• Payment processors (Stripe, Apple Pay, Google Pay)
• Authentication providers (Apple, Google)
• Cloud storage (Firebase, Google Cloud)
• Analytics services (Google Analytics)

9.2 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for:

• Content on external websites
• Privacy practices of third parties
• Accuracy or availability of third-party services

10. Disclaimers and Warranties

10.1 Service Provided "As Is"

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content

10.2 AI and Technology Limitations

• AI may contain biases or limitations
• AI responses may change over time as the system learns
• Emergency resources are provided for information only
• We do not automatically contact emergency services
• Users are responsible for seeking professional help when needed
• AI cannot diagnose, treat, or cure any medical or mental health conditions
• No guarantee that crisis detection will prevent harm
• No guarantee of AI response accuracy or appropriateness

10.3 Medical and Therapeutic Disclaimers

• We do NOT provide medical advice, diagnosis, or treatment
• We are NOT licensed healthcare providers
• We do NOT provide therapy, counseling, or psychological services
• We do NOT replace professional mental health care
• Users should always seek professional help for serious issues
• Contact emergency services (911) for immediate danger
• We are not responsible for any medical or mental health outcomes

10.4 Crisis Management Disclaimers

• Crisis detection is automated and may have false positives or false negatives
• No guarantee that crisis detection will prevent harm or self-harm
• Crisis resources are provided for information only and may not be available
• Family notifications are based on user settings and may not be delivered
• No control over family member response to crisis notifications
• Crisis intervention outcomes are not guaranteed
• Professional referrals are informational only
• Emergency services (911) should be contacted for immediate danger
• Users are responsible for seeking appropriate professional help

10.5 No Guarantees

• We do not guarantee specific outcomes or results
• We do not promise that the Service will solve personal problems
• We do not guarantee that users will achieve their goals
• We do not guarantee that crisis detection will prevent harm
• We do not guarantee AI response accuracy or appropriateness
• We do not guarantee service availability or performance
• We do not guarantee data security or privacy protection

11. Limitation of Liability

To the maximum extent permitted by law:

11.1 No Indirect Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits or revenue
• Loss of data or content
• Loss of business opportunities
• Personal injury or emotional distress
• Mental health outcomes or medical decisions

11.2 Specific Exclusions

We shall not be liable for:

• Any mental health outcomes or medical decisions
• Any crisis situations or self-harm
• Any AI response accuracy or appropriateness
• Any external resource quality or availability
• Any professional service outcomes
• Any crisis detection accuracy or false positives/negatives
• Any advice, guidance, or information provided by a mentor
• Any harm, loss, or damage resulting from following mentor advice
• Any mentor conduct, misrepresentation, credentials claims, or misconduct
• Any outcomes of mentor-mentee sessions, communications, or relationships
• Any family notification outcomes or delivery failures
• Any data breach consequences or security incidents
• Any third-party service failures or integration issues
• Any service interruptions or system failures

11.3 Liability Caps

• Our total liability shall not exceed $100 or the amount you paid for the Service in the 12 months preceding the claim, whichever is greater
• Our liability for any single incident shall not exceed the amounts set forth above
• In no event shall our cumulative annual liability exceed the greater of $100 or the total fees paid by you in the preceding 12 months

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Donny Wonny LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or communications
• Your misuse of the Service
• Your crisis situations or self-harm
• Your family notification preferences or outcomes
• Your professional decisions or referrals
• Your conduct as a mentor, including any advice you provide to mentees
• Any claims by mentees arising from your mentor sessions, communications, or guidance
• Any misrepresentation of your qualifications or credentials as a mentor

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a formal dispute, you agree to first contact us at legal@donnywonny.com to attempt to resolve any disputes informally. We will attempt to resolve the dispute within 30 days.

13.3 Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.

Arbitration Terms:

• Arbitration is binding and final
• No class actions or representative proceedings
• Arbitration conducted in Dallas County, Texas
• You may opt out within 30 days by emailing legal@donnywonny.com

13.4 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Intellectual property disputes
• Claims for injunctive relief
• Small claims court actions (under $10,000)

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements, constitute the entire agreement between you and Donny Wonny regarding the Services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, or failures of third-party services.

14.6 Notice

Notices to you may be sent via email, in-app notification, or by posting on our website. Notices to us should be sent to legal@donnywonny.com.

14.7 Survival

Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) will survive termination of these Terms.

15. Contact Information

15.1 General Inquiries

For questions about the Services:

• Email: support@donnywonny.com
• Website: https://www.donnywonny.com/contact

15.2 Legal Matters

For legal questions or notices:

• Email: legal@donnywonny.com
• Address: Donny Wonny LLC, 539 W. Commerce St #5827, Dallas, TX 75208

15.3 Privacy Concerns

For privacy-related questions:

• Email: legal@donnywonny.com
• Privacy Policy: https://www.donnywonny.com/privacy

15.4 Copyright and DMCA

For copyright infringement notices:

• Email: legal@donnywonny.com
• Website: https://www.donnywonny.com/dmca
• See our DMCA Policy for detailed procedures

17. Peer Mentorship Program

17.1 Nature of the Mentorship Feature

The Peer Mentorship feature connects users seeking personal growth guidance ("mentees") with community members who have applied and been reviewed to serve as "mentors." Mentors are independent users of Donny Wonny, not employees, contractors, agents, representatives, or affiliates of Donny Wonny LLC in any capacity. Donny Wonny acts solely as a platform facilitating these connections and bears no responsibility for mentor conduct, advice, accuracy, or any outcomes.

17.2 No Verification of Credentials

While we review mentor applications for basic completeness, we do not independently verify, certify, validate, or guarantee:

• Any credentials, licenses, certifications, degrees, or professional qualifications claimed by a mentor
• The accuracy of any personal history, experience, or biographical information provided by mentors
• The quality, appropriateness, safety, or effectiveness of any mentor's advice or guidance
• A mentor's fitness to provide guidance in any area

Mentors may voluntarily list certifications or credentials on their profiles. These are entirely self-reported and are not verified, endorsed, or validated by Donny Wonny.

17.3 Peer Advice Only — Not Professional Advice

Mentor advice is peer advice from fellow community members and is NOT:

• Medical, psychological, psychiatric, or therapeutic advice
• Legal advice or representation
• Financial, investment, or accounting advice
• The advice of any licensed, certified, or credentialed professional
• A substitute for consultation with a qualified professional

IMPORTANT: Always consult a licensed professional (physician, therapist, attorney, financial advisor, etc.) for matters affecting your health, safety, legal rights, or financial wellbeing. Do not make critical life decisions based solely on mentor guidance.

17.4 Engagement at Your Own Risk

You engage with mentors entirely at your own risk. Donny Wonny:

• Does not monitor, review, approve, or endorse individual mentor advice or communications
• Does not guarantee mentor availability, responsiveness, expertise, or continued participation
• May suspend, remove, or restrict any mentor at any time for any reason, at our sole discretion, without prior notice or liability
• Reserves the right to discontinue or modify the mentorship feature at any time without notice
• Cannot guarantee that any particular mentor will remain active or available

17.5 Mentor Code of Conduct

By applying, being approved, and serving as a Mentor, you agree to:

• Provide only honest, good-faith guidance based on your genuine personal experience and knowledge
• Accurately represent your background, qualifications, and experience in your profile
• Never claim, imply, or suggest that you hold professional licenses or credentials you do not possess
• Never provide advice that substitutes for emergency services — always direct mentees to call 911 or contact emergency services for urgent safety situations
• Never solicit mentees to communicate, meet, or transact outside the Donny Wonny platform
• Never request or collect fees, gifts, loans, or any form of compensation outside the in-app rate system disclosed in your mentor profile
• Never ask mentees to book a low-priced session and pay the remainder via in-app tips or any other method — tips are voluntary thank-you payments after a completed session only, not a substitute for your listed session price
• Never engage in romantic, sexual, predatory, or otherwise inappropriate communication with mentees
• Immediately report any mentee who appears to be in crisis or danger to our moderation team at legal@donnywonny.com
• Comply with all applicable laws regarding the advice or information you provide

Violation of this Code of Conduct may result in immediate removal from the mentor program, account suspension, and/or civil or criminal legal action.

17.6 Reporting Mentor Misconduct

If you experience or witness inappropriate conduct from a mentor:

• Report the mentor directly in the app using the report function on their profile or session
• Contact us at legal@donnywonny.com with a detailed description of the incident

We investigate all valid reports and take appropriate action, including removal from the program. We are not liable for misconduct that occurred before a report was submitted or while a report is under review.

17.7 Limitation of Liability for Mentorship

To the maximum extent permitted by law, Donny Wonny LLC shall not be liable for:

• Any advice, guidance, information, or content provided by any mentor
• Any harm, loss, injury, or damage — physical, emotional, psychological, financial, or otherwise — resulting from following, relying on, or acting on mentor advice
• Any mentor conduct, fraud, misrepresentation, negligence, or misconduct
• Any failure to detect, prevent, or address mentor misconduct
• Any outcomes, results, or consequences of mentor-mentee sessions, communications, or relationships
• Any decisions you make based on mentor guidance

This limitation applies regardless of whether any harm was foreseeable, regardless of the theory of liability (contract, tort, strict liability, or otherwise), and regardless of whether Donny Wonny was advised of the possibility of such damage.

17.8 Video and Voice Calls

Mentor sessions may take place over a real-time video or voice call delivered through a third-party communications provider (currently Daily.co, Inc.). By starting a call you acknowledge and agree that:

• The call is transmitted through the third-party provider's infrastructure and is subject to their terms and privacy practices.
• Donny Wonny is not a healthcare provider, telehealth service, or licensed clinical service. Calls are not HIPAA-protected and must not be used to seek diagnosis, treatment, or other regulated medical, legal, or financial services.
• Each call has a finite, scheduled window. Joining outside that window may be blocked by the platform.
• Either participant may end the call at any time. Connection quality, latency, and call completion are not guaranteed.
• You are responsible for the device, network, and physical environment from which you join, including ensuring others nearby cannot overhear or observe content you intend to keep private.

17.8.1 Recording and Two-Party Consent

Mentor sessions may be recorded (audio and video) only when both the mentor and the booking mentee have actively opted in to recording for that specific session. Either party may withdraw consent before or during the call; doing so stops recording immediately and discards any in-progress recording for that session. By opting in to recording, you represent and warrant that:

• You consent to the audio and video recording of your participation.
• If additional participants (e.g., family members, group members) join the session, you have informed them that recording is on and obtained their consent before they join. Additional participants follow the booking mentee's recording election and cannot independently override it.
• You will not use a recording in any manner that violates applicable wiretap, eavesdropping, two-party-consent, or privacy laws in your jurisdiction or the jurisdiction of any other participant.

Recordings are processed for transcription by our AI summary service immediately after the session ends. The AI-generated written summary (including key topics and action items) is retained on your account so you and your mentor can refer back to it; the raw audio/video recording itself is not stored for user playback and is deleted from our video provider's storage on the provider's standard short retention schedule (typically a small number of days, not 30). We retain the AI summary for as long as the session record exists on your account; you can delete the session (and its summary) at any time from the session detail page, and a full account deletion also removes it. Longer retention may apply where required by law, by an active legal hold, or by a pending dispute, refund request, or trust-and-safety investigation.

17.8.2 Permitted and Prohibited Use of Recordings

Recordings are intended for the personal review of the mentor and the booking mentee and for trust-and-safety, dispute-resolution, and legal-compliance purposes. You agree not to:

• Publicly post, broadcast, livestream, or distribute any recording or excerpt outside the platform without the express written consent of every other participant.
• Use a recording (or any portion, transcript, or AI-generated summary of it) to train any third-party machine-learning model.
• Use a recording in a manner that harasses, defames, dox-es, or threatens any other participant.

Donny Wonny may remove recordings from its systems at any time and is not responsible for retaining or producing recordings beyond the stated retention window.

17.9 AI Summaries and Action Items (Optional Add-On)

If you opt in to the AI Summary add-on for a session, the recording's audio is transcribed and summarized by third-party AI providers (currently OpenAI, L.L.C.) to produce a written summary, transcript, and a draft list of suggested action items. By opting in, you acknowledge and agree that:

• AI-generated summaries, transcripts, and action items are machine-generated, may contain errors or omissions, and are not professional advice.
• The mentor reviews and may edit the suggested action items before they are sent to the mentee. The mentee may accept, decline, or add their own action items.
• The mentee chooses whether each accepted action item is private or visible on their profile.
• Audio sent to the AI provider is processed solely for the purpose of producing the summary and is not, to our knowledge and under our contracts with the provider, used to train the provider's foundation models.
• Either participant may withdraw AI consent before or during the call; doing so deletes any in-progress transcript and prevents a summary from being generated.

The AI Summary add-on is billed as a separate, clearly-disclosed line item at checkout. Refund eligibility for the add-on follows the standard session refund policy in Section 11.

17.10 Mentor Pricing, Platform Fee, and Payouts

Mentors set their own per-session price within platform-defined minimums and maximums. When a mentee books a paid session:

• Platform service fee — 20% of the session price. Donny Wonny retains a service fee equal to twenty percent (20%) of the per-session price (calculated on the full per-seat total for group, family, and couples bookings) to cover payment processing, Trust & Safety review, hosting, video infrastructure, and platform operations. The remaining eighty percent (80%) is the mentor's gross share.
• Optional add-on fees are separate. The $2 AI Summary add-on described in §17.9 (and any future optional add-ons) is not included in the session price and is not subject to the 20% split — add-on revenue is retained 100% by the platform to cover the AI provider, infrastructure, and refund risk associated with that specific service.
• Payout timing. The mentor's eighty percent share is held by the platform for a hold period (currently three (3) business days from session completion) to allow time for refund or dispute requests. After the hold expires, the share is included in the mentor's next scheduled payout via Stripe Connect (currently weekly), subject to the mentor having completed Stripe Connect onboarding.
• Refunds reduce the payout proportionally. If a session is fully or partially refunded, the corresponding portion of the mentor's share is deducted from the next payout (or, if already paid out, recovered through Stripe's standard reversal process). Disputes (chargebacks) follow the same rule plus any Stripe-imposed dispute fee.
• Taxes. Mentors are independent contractors for US income-tax purposes and are solely responsible for reporting and paying any taxes owed on their share. The platform issues IRS Form 1099-K (or local equivalent) to mentors who exceed the applicable reporting threshold in a calendar year.

Donny Wonny may change the platform service fee percentage, hold period, payout cadence, minimum/maximum session prices, or add-on pricing on prospective notice; in-flight bookings already paid for will be honored at the rates in effect when payment was captured.

17.11 Voluntary Mentor Tips

When enabled, mentees may send optional thank-you tips to mentors only after a completed mentorship session with that mentor (within fourteen (14) days of completion). Tips are governed as follows:

• Same platform service fee as sessions. Donny Wonny retains twenty percent (20%) of each tip; the mentor receives eighty percent (80%). This matches the session revenue share so tips cannot be used to circumvent platform fees.
• Not a substitute for session payment. Tips are voluntary gratitude. Mentors must not direct mentees to book a discounted session and pay the balance via tip, and must not use tips to avoid the disclosed session price or platform service fee.
• Caps and monitoring. We limit tips per mentee–mentor pair relative to recent session payments and may suspend mentors or withhold payouts when we detect fee-circumvention patterns.
• Non-refundable. Completed tips are not refundable except where required by law or at our sole discretion in fraud or error cases.
• Taxes. Tip income is reportable mentor income, subject to the same 1099 / tax reporting rules as session payouts.

Violation of this section or §17.5 may result in mentor removal, account suspension, and recovery of improperly retained amounts.

16. Parents and Guardians

16.1 Parental Consent

Donny Wonny is intended for users aged 13 and older. We do not knowingly allow children under 13 to register or use the Services, and we do not offer an under-13 account path. If you believe a child under 13 has created an account, please contact us at legal@donnywonny.com and we will remove the account and associated data. If your child is 13–17, we recommend parental awareness and involvement.

16.2 Parental Controls

Parents can:

• Monitor their child's activity through Family Settings
• Receive crisis notifications from the Scream Section
• Control privacy settings and data sharing
• Request data export or account deletion

16.3 COPPA Compliance

We comply with the Children's Online Privacy Protection Act (COPPA) by:

• Not permitting children under 13 to register, and not knowingly collecting personal information from them
• Applying a neutral age screen at sign-up and rejecting registrations that indicate an age under 13
• Promptly disabling any account and deleting associated data if we learn the user is under 13
• For users aged 13–17, providing parents/guardians with controls over their child's information and not requiring more information than necessary

For questions about children's privacy, contact: legal@donnywonny.com

18. Accessibility

We aim to make Donny Wonny usable by people with disabilities, including users of assistive technology. Our Accessibility Statement describes the specific tools and processes we use today (automated accessibility scans against WCAG 2.2 AA rule sets on every pull request, ESLint accessibility rules in our codebase, periodic manual review with VoiceOver and TalkBack), the gaps we're aware of, and how to report an issue.

We do not claim conformance with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), Section 508, EN 301 549, or any other formal accessibility standard. We have not commissioned a third-party accessibility audit and we do not publish a Voluntary Product Accessibility Template (VPAT). The Accessibility Statement is updated as our actual practices change. Nothing in this Section 18 or in the Accessibility Statement is a warranty, certification, or representation of conformance with any law or standard.

If you encounter an accessibility barrier, email accessibility@donnywonny.com. We aim to acknowledge accessibility reports within five (5) business days and address critical issues within thirty (30) days. These timelines are commitments to the response process, not warranties of any particular technical outcome, fix, or workaround.

Nothing in this Section 18 limits your rights under any applicable law. If we are required by law in your jurisdiction to provide a higher standard of accessibility than what we describe in our Accessibility Statement, the law controls.

Acknowledgment and Acceptance

By creating an account or using Donny Wonny, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: June 6, 2026
Effective Date: April 15, 2026