Terms of Use (EULA) for JoyBuddy

Last Updated: November 26, 2024
Effective Date: November 26, 2024

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IMPORTANT:

1. ACCEPTANCE OF TERMS

1.1 Agreement

These Terms of Use ("Terms") constitute a legally binding agreement between you and JoyBuddy ("we," "us," "our") governing your access to and use of the JoyBuddy mobile application ("App") and related services ("Services").

1.2 Binding Agreement

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1.3 Eligibility

You must be at least 18 years of age to use this App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

1.4 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or via email. Your continued use of the App after such modifications constitutes acceptance of the updated Terms.

2. LICENSE GRANT

2.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal device for your personal, non-commercial use.

2.2 Restrictions

You agree not to:

2.3 Intellectual Property

All intellectual property rights in the App and its content, features, and functionality are owned by JoyBuddy or its licensors. These Terms do not grant you any rights to use our trademarks, logos, or other brand features.

3. SUBSCRIPTIONS AND PAYMENTS

3.1 Subscription Plans

JoyBuddy offers auto-renewable subscription plans that provide access to premium features. Available subscription options include:

3.2 Free Trial

We may offer a free trial period for certain subscriptions. If you do not cancel before the trial ends, you will be automatically charged for the subscription.

3.3 Payment

Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.

3.4 Subscription Renewal

Your subscription will automatically renew at the then-current price unless you cancel at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

3.5 Cancellation

You can cancel your subscription at any time through your Apple ID account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.

3.6 Price Changes

We may change subscription prices from time to time. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

3.7 Managing Subscriptions

You can manage your subscription and turn off auto-renewal in your Apple ID account settings after purchase. For more information, visit: Apple Support - Manage Subscriptions

4. USER CONDUCT

4.1 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. USER CONTENT

5.1 Your Content

The App allows you to create, store, and manage personal content such as journal entries, mood tracking data, and sleep logs ("User Content"). You retain ownership of your User Content.

5.2 License to User Content

By creating User Content, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Services to you.

5.3 Responsibility for Content

You are solely responsible for your User Content. We do not endorse or guarantee the accuracy of any User Content and disclaim all liability in connection with User Content.

6. DISCLAIMERS

6.1 Not Medical Advice

THE APP IS A WELLNESS AND JOURNALING TOOL ONLY. IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

6.2 Crisis Resources

If you are experiencing a mental health crisis:

6.3 "As Is" Basis

THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.4 No Guarantee

We do not warrant that:

7. LIMITATION OF LIABILITY

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOYBUDDY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

7.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) $100 USD.

7.3 Essential Basis

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. TERMINATION

8.1 Your Right to Terminate

You may stop using the App at any time. To delete your account, go to Settings > Account > Delete Account within the App.

8.2 Our Right to Terminate

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

8.3 Effect of Termination

Upon termination:

9. GENERAL PROVISIONS

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

9.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

9.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and JoyBuddy regarding the App and supersede all prior agreements.

9.4 Severability

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

9.5 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

9.6 Assignment

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

10. CONTACT INFORMATION

Questions About These Terms

Email: legal@joybuddy.app

General Support

Email: support@joybuddy.app

Website: joybuddy.app


Version: 1.0

Last Updated: November 26, 2024

Document ID: JOYBUDDY-TERMS-V1.0-20241126

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