Terms of Service

The key points

• Subscription: unless you cancel at least 24 hours before the period ends, it renews automatically for the same period. How to cancel is in Subscription and payment.
• Right of withdrawal (backing out of a purchase within a set period) and refunds: handled by the store you paid through (Apple or Google). Users in Korea can withdraw within 7 days of payment (Right of withdrawal and refunds).
• Cancelling mid-term: cancelling only stops the next renewal; the rest of the period isn't refunded. Withdrawals and cancellations by minors set by law are the exceptions.
• Limits of liability: unless we act intentionally or with gross negligence, we aren't liable for indirect losses or lost data, and our liability is capped at what you paid in the last 12 months (as far as the law allows).

Words used in these terms

• App: the viva app and the website viva.bang9.dev.
• Account: a viva account created by signing in with Apple or Google.
• Seller of record: Apple (App Store) and Google (Google Play), which handle payment, taxes, and refund payouts.
• Notice: unless stated otherwise, posting on this page.

Who provides viva and business information

The app is provided by winterlog studio ("we", "us"). The sellers of record handle payment, taxes, and refund payouts for the subscription; we provide the service and handle questions and complaints.

• Business name: winterlog studio
• Owner: Hyungu Kang
• Address: 5-12 Gwangmyeong-ro 347beon-gil, Jungwon-gu, Seongnam-si, Gyeonggi-do, Republic of Korea
• Phone: +82 10 9688 1157
• Email: support@bang9.dev
• Business registration no.: 577-24-02412 (check with the Korea Fair Trade Commission)
• Mail-order business registration no.: 2026-성남중원-0590 (경기도 성남시)
• Hosting provider: Cloudflare, Inc.

Eligibility and accounts

You must be at least 14 in Korea, or at least 13 elsewhere (or older if the law of your country requires).

Users in Korea: if someone under 19 paid without a legal guardian's consent, they or their guardian can cancel the contract. They get back everything they paid, through the refund request of the store they paid through.

You need to sign in with Apple or Google to use the app. One account per person; you can't transfer or lend your account. You are responsible for your account and the devices you sign in on; if you think someone else is using your account, tell us.

The service

The app gathers what you did over a year — from days you write about, your phone's photos, calendar, and workouts, and your Instagram export file — and embroiders it into one hoop per year.

Free Entries for today (including AI patch picking), browsing the sample hoops, and making story cards. Before you subscribe, the app shows ads; by watching an ad to the end, you can add more entries for earlier days this year or send and save story cards.

Usage limits There are daily usage limits. The limits are shown in the service. Once a limit is reached, patches that day are picked by on-phone rules only, or filling continues the next day.

Updates and changes We provide, at no extra cost, the updates needed to keep the service as described in these terms. When operational or technical needs require it, we may change or end all or part of the service, including free features and limits. We'll tell you in advance about changes significantly against your interest, give 30 days' notice before ending the service (you can ask for a refund of the rest of your subscription period through the store's refund process), and delete the hoop summaries on our server when it ends.

Subscription and payment

What you get While subscribed, you can add entries for past days without ads, send or save story cards, and fill hoops at once from Photos, Calendar, Instagram, and workouts. This year's hoop fills in on its own every day, and you can fill the four years before you joined.

Price and payment Prices are shown on the store's checkout screen (in Korea, as a total including VAT), and you pay with your App Store or Google Play account. You can have only one subscription at a time; when a switch takes effect and how the amount already paid is handled follow the store's rules. You are responsible for the internet access and data charges for using the service.

Automatic renewal Unless you cancel at least 24 hours before the period ends, it renews automatically for the same period at the then-current price. Apple and Google send reminders before renewal in their own way.

Price changes If we raise the price, the store tells you at least 30 days ahead and asks for your consent where the law or its rules require. Users in Korea renew at the new price only if they agree; otherwise the subscription ends when the current period ends.

Cancelling You can cancel online at any time, right away, in the store where you subscribed, as easily as you signed up.

• iPhone: Settings › Manage subscription in the app, or iPhone Settings › your name › Subscriptions › viva › Cancel Subscription
• Android: Settings › Manage subscription in the app, or Play Store › profile › Payments & subscriptions › Subscriptions › viva › Cancel subscription
• Web: apps.apple.com/account/subscriptions (App Store) · play.google.com/store/account/subscriptions (Google Play)

Cancelling only stops the next renewal: you can use the rest of the period, and it isn't refunded. Your hoops stay viewable while the service is running, even after the subscription ends. Deleting your account doesn't end a subscription.

Right of withdrawal and refunds

Withdrawals and refunds for the subscription are handled by the store you paid through (Apple for the App Store, Google for Google Play) under its policies and processes.

How to ask The stores' refund request pages below are the withdrawal function.

• App Store: go to reportaproblem.apple.com, choose viva, and request a refund.
• Google Play: request it at support.google.com/googleplay/answer/2479637.

Withdrawal by country

Information sent to the store When a refund request comes in, we may tell that store whether the purchase was delivered and give our view on the refund; by paying in the app, you agree to this. The store decides whether to refund.

AI classification

We use AI classification to choose the patch for each entry or imported moment. The names of things in photos are read on your phone; the AI on our server picks a patch from those words and from event titles, captions, and your notes.

A patch is a guess, decided by whichever is more reliable, AI classification or on-phone rules, and can be wrong; it isn't professional advice or fact-checking. We recommend not writing sensitive information (such as health or religion) in an entry.

Patches chosen by AI look the same as other patches. You can fix a wrong patch by opening that day and using [Use another patch], and report inappropriate results to us.

Prohibited conduct and suspension

You must not:

• Stitch from other people's phones or accounts, or use someone else's account
• Bring in photos or text you don't have the right to use
• Reverse engineer the app or server (except where the law allows), or call it automatically to get around the limits
• Send text that harms others or breaks the law to AI classification

If you break these rules, we may suspend or limit your account. We'll tell you the reason, and you may send us an objection.

Rights

You may freely share your story cards and images of your hoops. The rights to the app's design, patch artwork, and code belong to us and to the original authors (open-source artwork and fonts follow their licenses), and you get the right to use the app personally.

You hold the rights to, and are responsible for, the photos and text you bring into or write in the app (including Instagram export files). We use them only to provide the service.

Deleting your account

You can delete your account and your hoops on our server at any time with Settings › Delete account. If you'd like a file of your hoop summaries before deleting, ask us.

Limits of liability

We aren't liable for losses caused by things beyond our control, such as natural disasters, network failures, or outages of outside services (the stores, OpenRouter, Cloudflare).

Unless we act intentionally or with gross negligence, we aren't liable for indirect or special losses (such as lost profits) or for losses caused by lost data, and our liability won't exceed what you paid for viva in the 12 months before the loss. Data is kept only while the service is running, so you are responsible for keeping your own copies of records you need.

This clause applies only as far as the law allows and doesn't apply to losses caused intentionally or by gross negligence, or to harm to life or body. These terms don't reduce your legal rights as a consumer.

Changes to these terms

When we change these terms, we'll post what changed and the effective date on this page 7 days ahead (30 days ahead for changes against your interest). If you don't agree to the new terms, you can cancel before they take effect.

Governing law and disputes

These terms are governed by the laws of the Republic of Korea, but the consumer protection rules of the country where you live still apply. There's no arbitration clause, and users in the EU can also bring a claim in the courts of the country where they live.

Ask the store you paid through first about payments and refunds, and tell us about any other dispute. Users in Korea can apply for mediation to the Content Dispute Resolution Committee (www.kcdrc.kr) or the Korea Consumer Agency.

How these terms relate to store terms

If you got the app from the App Store, these terms apply as the license agreement (EULA) for the app instead of Apple's Standard License Agreement. If you got it from Google Play, the Google Play terms also apply.

Users who got the app from the App Store

If you obtained the app from the App Store, the following terms also apply and prevail over any conflicting provision of these terms. "Apple" means Apple Inc. and its subsidiaries.

• Agreement: These terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the app and its content. If these terms conflict with the Usage Rules in the Apple Media Services Terms and Conditions or the Volume Content Terms, those rules prevail.
• Scope of license: We grant you a non-transferable license to use the app only on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.
• Maintenance and support: We are solely responsible for providing any maintenance and support services for the app, as specified in these terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the app.
• Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility, not Apple's.
• Product claims: We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the app's use of HealthKit. These terms do not limit our liability beyond what applicable law permits.
• Intellectual property: If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance: You represent and warrant that you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country or region, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Contact: Send any questions, complaints, or claims about the app to winterlog studio (Owner: Hyungu Kang) at the address, phone, or email in Who provides viva and business information.
• Third-party terms: You must comply with applicable third-party terms of agreement when using the app.
• Third-party beneficiary: Apple is a third-party beneficiary of these terms. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.

Users in Korea

These terms differ from Korea's Content User Protection Guidelines: refunds follow the process of the store you paid through, there's no mid-term cancellation refund, and we don't set separate outage compensation rules (such as the guidelines' outage-hour thresholds); losses caused by outages follow Limits of liability and the relevant laws.

Users in the European Union

If the digital service doesn't match what we promised, you can have it fixed for free or, if it can't be fixed, get a price reduction or end the contract. We change the digital service only for a valid reason, such as security, a change in the law, or a change in an outside service, and don't charge more because of it. We'll tell you clearly in advance about any change against your interest, and you can end the contract at no extra cost within 30 days of being told; you may request a refund of the rest of the period through the store's refund process.

Other country-specific terms

United Kingdom Your rights under the Consumer Rights Act 2015 for digital content and services still apply.

United States California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. viva has no content posted by other users.

Japan These terms are standard terms (teikei yakkan); by starting to use the app, you agree to them. Any clause invalid under the Consumer Contract Act doesn't apply. Seller information: 特定商取引法に基づく表記.

Brazil Brazil's Consumer Defense Code (CDC) applies, and clauses that limit your rights are highlighted on this page.

Mexico, Argentina, Chile, and Colombia Local consumer protection law applies, and you can complain to PROFECO (Mexico), the consumer protection authority (Argentina), SERNAC (Chile), or the Superintendence of Industry and Commerce (SIC, Colombia).

Language

This document was originally written in Korean. Translations are provided for convenience. If they differ, the original prevails, unless the law of the country where you live says otherwise.