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Daily Spiral - Terms of Service

Last Updated: May 26, 2025

1. Introduction

Welcome to Daily Spiral ("the App"), a journaling application ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the App and constitute a binding legal agreement between you and Daily Spiral.

Please read these Terms carefully before using the App. By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

2. Eligibility

You must be at least 13 years old to use the App. If you are under 18 years old, you must have your parent or legal guardian's permission to use the App and they must agree to be bound by these Terms on your behalf.

3. Account Registration and Security

3.1 Security Features

The App provides security features including PIN code and biometric authentication to protect your journal entries. You are responsible for maintaining the confidentiality of your PIN code and any devices that are registered for biometric access to the App.

3.2 Account Security

You are solely responsible for all activities that occur through your device in connection with the App. You agree to:

  • Select and maintain a strong PIN code
  • Not share your PIN code with others
  • Not allow unauthorized users to access your device or the App through biometric authentication
  • Notify us immediately of any unauthorized access to or use of your account

4. Subscription Plans and Payment Terms

4.1 Subscription Options

The App offers the following subscription options:

  • The Daily Spiral Classic: Free tier with limited features
  • The Full Spiral: Premium tier with additional features including expanded tone packs and iCloud backup

4.2 Payment Terms

If you choose to purchase a subscription to The Full Spiral:

  • All payments are processed through the Apple App Store and are subject to their terms and conditions
  • Subscription fees 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
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel your subscription by going to your account settings in the App Store after purchase

4.3 Price Changes

We reserve the right to change subscription fees at any time. Any price changes will be communicated to you and will apply to the next subscription period.

4.4 Refunds

All purchases are final. Refund requests must be submitted through the Apple App Store according to their refund policies.

5. User Content and License

5.1 User Content

"User Content" refers to any content, including journal entries and other materials, that you create, upload, or store within the App.

5.2 Ownership

You retain all ownership rights in your User Content. We do not claim any ownership rights in your User Content.

5.3 License to Us

You grant us a non-exclusive, royalty-free, worldwide license to use, store, and back up your User Content solely for the purpose of providing the App's services to you, including:

  • Storing your journal entries locally on your device
  • Backing up your data to iCloud (if you enable this feature)
  • Improving and maintaining the App

This license exists only to the extent necessary for us to provide the services and will terminate when you delete your content or account.

5.4 Responsibility for User Content

You are solely responsible for your User Content and the consequences of sharing or publishing it. You represent and warrant that:

  • You own or have obtained all necessary rights to your User Content
  • Your User Content does not and will not infringe any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights
  • Your User Content does not contain malicious code, viruses, or other harmful components

6. Acceptable Use Policy

6.1 Prohibited Uses

You agree not to use the App to:

  • Violate any applicable laws or regulations
  • Infringe any third party's intellectual property rights
  • Harass, abuse, or harm another person
  • Store or distribute harmful or malicious code
  • Attempt to gain unauthorized access to the App or related systems
  • Interfere with or disrupt the integrity or performance of the App

6.2 Enforcement

We reserve the right, but do not have the obligation, to:

  • Remove or refuse to distribute any User Content that violates these Terms
  • Terminate or suspend your access to the App for violations of these Terms
  • Take legal action against users who violate these Terms

7. Intellectual Property Rights

7.1 App Content

Except for your User Content, all content in the App, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and tone packs (collectively, "App Content"), is the property of The Daily Spiral, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License to App Content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App and App Content solely for your personal, non-commercial purposes.

7.3 Restrictions

You may not:

  • Copy, modify, or create derivative works based on the App or App Content
  • Distribute, transmit, publicly display, publicly perform, rent, lease, or sublicense the App or App Content
  • Reverse engineer, decompile, or disassemble the App
  • Remove any copyright or other proprietary notices from the App or App Content
  • Transfer the App Content to another person or "mirror" the App Content on any other server
  • Use the App in any way not expressly permitted by these Terms

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we protect your personal information and confirms that we do not collect any user data or analytics. By using the App, you agree to the terms described in our Privacy Policy, which is incorporated into these Terms by reference.

9. iCloud Backup

9.1 Premium Feature

iCloud backup functionality is available exclusively to users with the Full Spiral subscription.

9.2 Apple's Terms

Use of iCloud backup is subject to Apple's iCloud Terms and Conditions. We are not responsible for any disruption or issues related to Apple's iCloud service.

9.3 Data Security

While we implement reasonable measures to protect your data during backup, no method of electronic storage is 100% secure. We cannot guarantee the absolute security of your data when using iCloud backup.

9.4 User Responsibility

You are responsible for:

  • Maintaining your Apple ID and iCloud account
  • Ensuring you have sufficient iCloud storage space for backups
  • Regularly verifying that backups are completing successfully

10. Warranty Disclaimer

The app is 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, title, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or free of harmful components, that your content will be secure or not lost or altered, or that the app meets your requirements.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we, our affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses, regardless of the theory of liability, 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. Our aggregate liability for all claims arising out of or relating to the app will not exceed the greater of $100 or the amount you have paid us in the past 12 months.

12. Indemnification

You agree to indemnify and hold harmless Daily Spiral and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.

13. Changes to Terms

We may modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice in the App prior to the effective date of the changes. Your continued use of the App after the effective date of the modified Terms constitutes your acceptance of the modified Terms.

14. Termination

14.1 Termination by You

You may terminate these Terms at any time by cancelling your subscription and ceasing all use of the App.

14.2 Termination by Us

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.

14.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. The following provisions will survive termination: Sections 5 (User Content and License), 7 (Intellectual Property Rights), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), and any other provision that by its nature should survive termination.

15. General Terms

15.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the App and supersede all prior and contemporaneous written or oral agreements.

15.2 Waiver

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

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.4 Assignment

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

15.5 Governing Law

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

15.6 Dispute Resolution

Any dispute arising from or relating to these Terms or the App shall be resolved exclusively through binding arbitration in New York, NY under the rules of the American Arbitration Association. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions not subject to arbitration.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@dailyspiral.app

© 2025 Daily Spiral. All Rights Reserved.

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