Journal Buddy – Terms of Service

4.1 Website (Informational Content)

The Journal Buddy website provides informational content about the App, including features, pricing details, and subscription options. It may also include links to download the App from the Apple App Store or Google Play Store. The website is primarily for promotional and educational purposes and does not allow user accounts or direct transactions.

4.2 Mobile Application (Core Features)

The Journal Buddy App offers the following functionality:

• Journal Entries: Create, edit, and store personal journal entries with timestamps, edit history, and optional titles.
• AI Buddies: Personalized reflections and prompts powered by OpenAI's ChatGPT API.
• Activity History & Search: View and search journal entries or chat sessions.
• Streak Counter: Track daily engagement with journaling or chatting.
• Smart Summaries: AI-generated overviews of your entries or chat sessions, including actionable insights.
• Subscriptions: Access certain features or usage limits through weekly, monthly, or yearly paid plans.

5.1 Third-Party Integration

Journal Buddy's AI-powered features use OpenAI's ChatGPT API. Your relevant inputs (e.g., prompts, conversation context) are transmitted to OpenAI's servers for processing. By using these features, you agree to comply with OpenAI's Usage Policies.

5.2 Data Handling

• We do not include personally identifying data in prompts unless provided by you.
• While OpenAI's policy generally states that user data is not used to train its models, Journal Buddy cannot control how OpenAI may store transient logs needed to operate the service.
• Please avoid sharing highly sensitive personal, financial, or medical information in prompts.

5.3 Accuracy & Limitations

AI-generated content may be inaccurate, incomplete, or misleading. It is provided for informational purposes only and is not a substitute for professional advice. If you need medical, legal, or other professional assistance, please seek a licensed expert.

5.4 Prohibited Uses

You must not use the AI features to violate any laws, infringe upon rights, or generate harmful or unlawful content. We reserve the right to suspend or terminate accounts for violations of these Terms or OpenAI's Usage Policies.

6.1 Subscription Plans

Journal Buddy offers subscription plans on a weekly, monthly, or yearly basis. Each plan may include different features or usage limits, as explained in the App or on our website.

6.2 Billing and Auto-Renewal

• Subscription fees are charged via the Apple App Store or Google Play Store at the time of purchase.
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current term.
• For detailed instructions on managing auto-renewal or cancellations, consult your app store account settings.

6.3 Cancellation and Refunds

Refunds are subject to the Apple App Store or Google Play Store refund policies. If you wish to cancel, you must do so through the relevant store's subscription management settings. We do not provide prorated refunds unless required by law.

6.4 Price Changes

We may change subscription fees at our discretion, with notice provided to existing subscribers. Such changes will not affect the current subscription period unless permitted by the applicable app store's terms.

6.5 E.U. Right of Withdrawal

If you are a consumer residing in the European Union, you may have the right under local law to withdraw from a contract for digital services within 14 days of purchase (the “Cooling-Off Period”).

However, by subscribing to Journal Buddy and accessing digital content or features immediately, you agree to begin using the Service during the Cooling-Off Period, which may waive your statutory right of withdrawal. If you do not wish to waive this right, you should refrain from accessing any subscriber-only features until the 14-day period has passed or you have formally withdrawn.

If you have questions about exercising your withdrawal rights, please contact us at support@journalbuddy.com.

8.1 Ownership

All intellectual property rights in the Service (excluding User Content) are owned by AISoftGG LLC and/or its licensors and protected by applicable laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal, non-commercial use.

8.2 User Content License

By creating, uploading, or submitting User Content (e.g., journal entries, chat messages) in the App, you grant us a worldwide, non-exclusive license to store, process, and display your User Content for the purpose of providing the Service. You represent and warrant that you have all necessary rights to grant this license.

10.1 Arbitration Agreement (U.S. Users)

If you reside in the United States, you and AISoftGG LLC agree that any dispute or claim relating in any way to these Terms or your use of the Service (collectively, “Dispute”) will be resolved by binding arbitration on an individual basis, except where prohibited by law.

10.2 Class Action Waiver

You agree that all Disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

10.3 Opt-Out

You may opt out of binding arbitration by sending written notice within 30 days of first accepting these Terms to legal@journalbuddy.com. If you opt out, neither party can require the other to arbitrate.

10.4 E.U. Consumer Rights

If you are a consumer residing in a European Union member state, mandatory local consumer protection laws may allow you to bring claims in the courts of your country of residence. Nothing in this section is intended to limit any rights you may have under such laws.

10.5 Small Claims & Injunctive Relief

Either party may seek relief in a small claims court if the claim qualifies. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

11.1 General

To the maximum extent permitted by law, AISoftGG LLC and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising out of or related to your use of, or inability to use, the Service.

11.2 Cap on Damages

In no event shall our total liability exceed the amount you paid (if any) for using the Service in the six (6) months preceding the incident giving rise to the claim.

11.3 Exclusions

Nothing in these Terms shall exclude or limit (a) liability for death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable law.

11.4 Local Consumer Protections

If you are a consumer in a jurisdiction that does not allow the exclusion or limitation of certain damages, some or all of these limitations may not apply to you, and you may have additional rights.

13.1 By You

You may stop using the Service (App or website) at any time. To delete your App account, follow the in-app instructions or contact support@journalbuddy.com.

13.2 By Us

We may suspend or terminate your account if we have reason to believe you have violated these Terms or any applicable law, or if we discontinue the Service.

13.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may retain certain information as required by law or for legitimate business purposes, as outlined in our Privacy Policy.

14.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and AISoftGG LLC regarding the Service, including both the App and the website.

14.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remainder will remain in full force and effect.

14.3 No Waiver

Failure by AISoftGG LLC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign these Terms.