Terms of Service for Cherish - Gratitude Journal

Last Updated: December 15, 2024

1. Agreement to Terms

By downloading, installing, or using the Cherish - Gratitude Journal mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to use the App.

These Terms constitute a legally binding agreement between you and Mehul Srivastava ("I", "me", or "my"), an independent developer based in India, operating as Cherish App.

2. Age Requirements

You must be at least 16 years old to use this App. By using the App, you represent and warrant that you are at least 16 years of age.

3. Description of Service

Cherish is a gratitude journaling app that provides:

• Digital journaling capabilities with text, voice, and photo entries
• AI-powered coaching and reflection features
• Gratitude prompts and structured courses
• Streak tracking and progress visualization
• Optional iCloud synchronization
• Voice transcription services

4. Account Terms

• The App creates an anonymous user account automatically
• No email or personal information required
• You are responsible for maintaining the security of your device
• You must not share your account with others
• One person per account, one account per person

5. Acceptable Use

You agree NOT to:

• Use the App for any illegal purposes
• Attempt to hack, reverse engineer, or compromise the App
• Use the App to harm yourself or others
• Upload malicious content or malware
• Violate any applicable laws or regulations
• Impersonate others or provide false information
• Use the App in any way that could damage or overburden our infrastructure

6. User Content

Ownership

• You retain all rights to your journal entries and content
• You own all text, recordings, and images you create

License Grant

By using the App, you grant me a limited, non-exclusive license to:

• Store and display your content within the App
• Process your content for AI features and transcription
• Create anonymized insights for App improvement

This license is solely for operating and improving the App. Your content is never shared publicly or used for marketing.

7. Subscription Terms

Free Features

Basic journaling features are available for free with certain limitations.

Premium Subscription

• Billed monthly or annually through the App Store
• Automatic renewal unless cancelled 24 hours before period ends
• Manage subscriptions in your App Store account settings
• No refunds for partial subscription periods

Price Changes

I reserve the right to modify subscription prices. Existing subscribers maintain their price until renewal.

8. Intellectual Property

• The App, including its design, features, and content (excluding user content), is my intellectual property
• You may not copy, modify, or distribute the App
• AI-generated content based on your entries belongs to you

9. Privacy and Data

Your use of the App is subject to our Privacy Policy. By using the App, you consent to data handling as described in the Privacy Policy.

10. Third-Party Services

The App integrates with third-party services (Apple CloudKit, RevenueCat, etc.). Your use of these services is subject to their respective terms.

11. Disclaimers

No Medical Advice

The App is not a substitute for professional mental health care. If you're experiencing mental health issues, please consult a qualified professional.

As-Is Basis

The App is provided "as is" without warranties of any kind, either express or implied.

Service Availability

I do not guarantee uninterrupted or error-free service. The App may be unavailable for maintenance or other reasons.

12. Limitation of Liability

To the maximum extent permitted by law, I shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the App.

My total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold me harmless from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your misuse of the App

14. Changes to Terms

I may modify these Terms at any time. Significant changes will be notified through the App. Continued use after changes constitutes acceptance.

15. Termination

I may terminate or suspend your access to the App immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the App ceases immediately. You may export your data before termination.

16. Governing Law

These Terms are governed by the laws of India. Any disputes shall be resolved in the courts of India.

17. Entire Agreement

These Terms constitute the entire agreement between you and me regarding the App and supersede all prior agreements.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force.

19. Contact Information

For questions about these Terms, contact me at:

Email: cherishapp.ai@gmail.com
Developer: Mehul Srivastava
Location: India

20. Export Compliance

You may not use or export the App in violation of export laws and regulations of India or any other applicable jurisdiction.

21. Force Majeure

I shall not be liable for any failure to perform due to causes beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of authorities.

By using Cherish, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.