Last updated: January 19th, 2020
We have attempted to put these terms together to protect you (the user) and us (Wabi Sabi Ventures, LLC) and are not attempting to be sneaky or misuse any of your data. If you have any concerns or questions, please trust that it was an oversight and not intentional, and email us at firstname.lastname@example.org
ABOUT THE SERVICE
The Service allows you to submit journal entries via SMS and then view these entries in the App. The App also allows customization of the SMS reminders including content and time, as well as viewing your past entries and information about the entries such as the positive, negative, and neutral sentiment of the entries as well as the key words that you journal about.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes a unique phone number and a verification code to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, verification code, phone number and/or account.
Your permission to use the App is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances:
access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service;
collect or harvest any personal data of any user of the App or the Service;
use the App or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
distribute any part or parts of the App or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the App for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
use the Service for any unlawful purpose or for the promotion of illegal activities;
use another user’s account without permission;
intentionally allow another user to access your account;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the App, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
CONTENT AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide your own journal entries (“User Content”) to the Service. You are solely responsible for the User Content that you post or otherwise make available via the Service. The Company reserves the right to remove any User Content from the Service at its sole discretion if it violates any of the policies. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The App is not responsible for any public display or misuse of your User Content.
The App does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
LINKS TO OTHER SITES AND/OR MATERIALS
JournalBot requires a subscription (“Subscription”) to use past the first 14 days. A description of the features associated with the Subscription is available via the Services. When you purchase a Subscription (a “Transaction”) we may ask you to supply relevant information relevant to the transaction. The amounts due and payable by you for a Transaction through the Service will be presented to you before you place the order. All payments made are non-refundable and non-transferable. If you have any concerns or objections regarding charges, you agree to raise them with us first.
If for any reason you are not satisfied with your purchase, please reach out to us at email@example.com to discuss a potential refund.
The subscription will automatically renew at the end of each term and your credit card will be charged through your iTunes account unless auto-renew is turned off 24 hours before the subscription term expires. You can turn off auto-renew at any time from your iTunes account settings but refunds will not be provided for any unused portion of the term. New users get a free 30 days to try the App. If you subscribe before the trial is over, the rest of your free trial is forfeited.
You also agree that your purchases are not contingent on the delivery of any future functionality or features.
We reserve the right to change pricing terms in the future.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE APP, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.