Terms and Conditions for Journaly

Last Updated: November 24, 2025

Welcome to Journaly!

These Terms of Service ("Terms") govern your use of the Journaly AI-powered automatic journaling application and website at https://journaly.top (the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully before using Journaly. If you do not agree to these Terms, do not use the Service.

1. About Journaly

Journaly is an AI-powered automatic journaling application that connects to your life—health data, fitness trackers, calendar, photos, and more—to write personalized daily journal entries in your unique voice. Our mission is to help you remember your life without the effort traditionally required for journaling.

Key features include:
- AI-generated journal entries based on your connected data
- Voice learning to match your personal writing style
- Memory Movies: cinematic video summaries of your journals
- "On This Day" flashback notifications
- Pattern insights and analytics
- Natural language search across your journals
- Cross-platform sync (iPhone, Android, Web, Mac, Windows, Apple Watch, Apple TV)

2. Acceptance of Terms

By creating an account or using Journaly, you agree to:
- These Terms of Service
- Our Privacy Policy (https://journaly.top/privacy-policy)
- All applicable laws and regulations

If you are using Journaly on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation
- You must be at least 13 years old to use Journaly
- You must provide accurate, current, and complete information
- You are responsible for maintaining the confidentiality of your account credentials
- You may not share your account with others
- One account per person (you may not create multiple accounts)

3.2 Account Security
- You are responsible for all activities that occur under your account
- Notify us immediately of any unauthorized access or security breach
- Use strong passwords and enable available security features (biometric authentication, etc.)
- We are not liable for losses resulting from unauthorized use of your account

3.3 Account Termination
You may terminate your account at any time through the app settings or by contacting us. Upon termination:
- Your access to the Service will cease immediately
- Your data will be permanently deleted within 30 days (unless you export it first)
- Subscription fees are non-refundable except as specified in Section 5

4. Subscription Plans and Pricing

4.1 Plan Tiers

Free Plan
- Basic journaling features
- Apple Health integration
- On-device AI generation
- 1 personal journal
- Basic insights and search
- Secure and encrypted storage

Pro Plan - $9.99/month
Everything in Free, plus:
- All data connectors (Strava, WHOOP, Gmail, Calendar, Photos)
- Advanced AI refinement with cloud processing
- Unlimited journals
- Memory Movies with cinematic styles
- "On This Day" flashbacks
- Advanced analytics and insights
- Complete data export

Premium Plan - $19.99/month
Everything in Pro, plus:
- Connector Marketplace access
- Priority AI processing
- Extended analytics history (lifetime)
- Custom video styles and longer Memory Movies
- Priority support
- Early access to new features

4.2 Pricing Changes
- We reserve the right to modify subscription prices
- You will be notified at least 30 days before any price change
- Price changes apply to new subscriptions or renewals after the notice period
- Continuing your subscription after a price change constitutes acceptance

4.3 Billing
- Subscriptions are billed monthly or annually (if annual option is selected)
- Billing occurs on the date you subscribe and each renewal period thereafter
- Payments are processed by Stripe, our third-party payment processor
- You authorize us to charge your payment method for all subscription fees
- Failed payments may result in service suspension

5. Refunds and Cancellations

5.1 Free Trial
- New users may receive a 7-day free trial of Pro features (if offered)
- Cancel anytime during the trial period without charge
- After the trial, you will be charged unless you cancel

5.2 Refund Policy
- Full refund available within 7 days of initial purchase if you're not satisfied
- Refund requests must be submitted via email to bartzalewskidev@gmail.com
- Refunds are issued to the original payment method within 5-10 business days
- After 7 days, subscription fees are non-refundable

5.3 Cancellation
- Cancel your subscription anytime through app settings
- Access continues until the end of your current billing period
- No partial refunds for unused time in the current billing cycle
- You can export your data before your subscription ends

6. Data Ownership and License

6.1 Your Data Ownership
- You retain full ownership of all journal entries, photos, and content you create in Journaly
- Your journal content belongs to you, always
- We claim no intellectual property rights over your journal entries

6.2 License to Operate Service
By using Journaly, you grant us a limited license to:
- Store your encrypted journal entries on our servers
- Process your data through our AI to generate journal entries
- Create Memory Movies from your entries and photos
- Provide insights and analytics from your data
- Sync your content across your devices

This license is:
- Non-exclusive: You can use your content elsewhere
- Limited: Only for providing the Journaly service to you
- Revocable: Ends when you delete your account or specific content

6.3 AI-Generated Content
- AI-generated journal entries created by Journaly belong to you
- You may edit, modify, or delete AI-generated entries at any time
- We do not retain rights to AI-generated content

6.4 Data Export
- Export all your data anytime in Markdown, PDF, or JSON format
- Data export is available to all users (Free, Pro, Premium)
- Exported data remains your property

7. Acceptable Use Policy

You agree NOT to use Journaly to:

7.1 Illegal Activities
- Violate any local, national, or international law
- Infringe intellectual property rights of others
- Engage in fraudulent activities
- Distribute malware, viruses, or harmful code

7.2 Misuse of Service
- Attempt to gain unauthorized access to our systems
- Reverse engineer, decompile, or disassemble the software
- Use automated systems (bots, scrapers) without permission
- Interfere with or disrupt the Service or servers
- Impersonate others or misrepresent your affiliation

7.3 Harmful Content
While your journal is private, you may not use the Service to:
- Store content that violates laws (e.g., child exploitation material)
- Plan or coordinate illegal activities
- Harass, threaten, or harm others (in shared features, if applicable)

Violation of this policy may result in immediate account termination without refund.

8. Intellectual Property

8.1 Journaly's Rights
The Service, including software, design, text, graphics, logos, and trademarks, is owned by Journaly and protected by copyright, trademark, and other intellectual property laws.

You may not:
- Copy, modify, or distribute our software
- Use our trademarks without permission
- Create derivative works based on the Service
- Republish or resell the Service

8.2 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about Journaly:
- We may use them without obligation to you
- No compensation is owed for feedback
- You grant us an unlimited, royalty-free license to use your feedback

9. Third-Party Services and Integrations

9.1 Connected Services
Journaly integrates with third-party services (Apple Health, Strava, WHOOP, Gmail, etc.):
- Your use of these services is governed by their own terms
- We are not responsible for third-party service availability or accuracy
- Connection to third-party services is optional and requires your explicit authorization
- You may revoke access to third-party services at any time

9.2 Third-Party Links
The Service may contain links to external websites:
- We do not control or endorse third-party websites
- We are not responsible for their content or practices
- Visit third-party sites at your own risk

10. Service Availability and Modifications

10.1 Service Availability
- We strive for 99.9% uptime but do not guarantee uninterrupted service
- Maintenance, updates, and technical issues may cause temporary unavailability
- We are not liable for service interruptions or data loss due to technical issues

10.2 Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue features at any time
- Update the software and add new features
- Change how the Service operates

We will provide reasonable notice for significant changes, but some updates may occur without notice.

10.3 Beta Features
- Some features may be released as "beta" or "experimental"
- Beta features are provided "as is" without warranties
- Beta features may be modified or removed without notice

11. Warranties and Disclaimers

11.1 As-Is Service
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of content

11.2 No Medical or Professional Advice
- Journaly is for personal journaling only
- Health insights are observational, not medical advice
- Do not rely on Journaly for medical, legal, financial, or professional decisions
- Consult qualified professionals for health or important life decisions

11.3 AI Accuracy
- AI-generated journal entries may contain errors or inaccuracies
- Review and edit AI-generated content before relying on it
- We do not guarantee the accuracy of AI interpretations of your data

11.4 Data Backup
- While we implement robust backup systems, you should maintain your own backups
- Use the data export feature regularly to protect your memories
- We are not liable for data loss, though we will make reasonable efforts to prevent it

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 No Consequential Damages
WE ARE NOT LIABLE FOR:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Emotional distress or personal injury
- Damages resulting from service interruptions or errors

12.2 Maximum Liability
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR $100, WHICHEVER IS GREATER.

12.3 Exceptions
Some jurisdictions do not allow limitation of certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Journaly, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of others
- Content you submit to the Service

14. Dispute Resolution

14.1 Informal Resolution
Before filing a legal claim, contact us at bartzalewskidev@gmail.com to resolve the dispute informally. We'll work in good faith to reach a resolution.

14.2 Binding Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except:
- Small claims court is allowed
- Intellectual property disputes may be brought in court

14.3 Class Action Waiver
You agree to resolve disputes individually, not as part of a class action or collective proceeding.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

For users outside the United States:
- European users: GDPR rights apply (see Privacy Policy)
- California users: CCPA rights apply (see Privacy Policy)

16. Changes to Terms

We may modify these Terms at any time:
- Significant changes will be communicated via email
- Continued use after changes constitutes acceptance
- The "Last Updated" date will reflect the most recent version
- You can always view current Terms at https://journaly.top/tos

If you do not agree to modified Terms, you must stop using the Service and may request account deletion.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Journaly regarding the Service, superseding any prior agreements.

19. Contact Information

For questions, concerns, or legal inquiries regarding these Terms:

Email: bartzalewskidev@gmail.com
Website: https://journaly.top

For legal notices: Include "Legal Notice" in the subject line
For support: Use the contact form on our website or email support

We will respond to all legitimate inquiries within 5 business days.

---

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

Thank you for trusting Journaly with your memories. We're honored to be part of your life's story.