End User License Agreement

1.1 Limited License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on compatible mobile devices that you own or control, solely for your personal, non-commercial use.

1.2 License Restrictions

This license does not permit you to:

• Use the Application on any device you do not own or control
• Rent, lease, lend, sell, redistribute, or sublicense the Application
• Copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Application, except to the extent expressly permitted by applicable law
• Modify, adapt, translate, or create derivative works based on the Application
• Remove, alter, or obscure any proprietary notices on the Application
• Use the Application in any manner that violates applicable laws or regulations
• Circumvent or disable any security features or technological protection measures in the Application
• Use the Application for commercial purposes or on behalf of any third party
• Share your subscription access with others or allow multiple users to access a single subscription

1.3 Platform Requirements

The Application is designed to operate on iOS and Android mobile devices. You are responsible for ensuring your device meets the minimum technical specifications required to run the Application. We do not guarantee compatibility with all devices or operating system versions.

2.1 Ownership

The Application and all worldwide intellectual property rights therein are the exclusive property of Rays Health Technologies LLC and its licensors. All rights not expressly granted to you in this Agreement are reserved by the Company. This includes but is not limited to:

• All software code, algorithms, and architecture
• Application design, user interface, and user experience elements
• Graphics, logos, trademarks, and branding
• Documentation and instructional materials
• Updates, enhancements, and derivative works

2.2 Trademarks

"TalkJournal" and associated logos are trademarks or registered trademarks of Rays Health Technologies LLC. You may not use these marks without our prior written permission.

2.3 Your Content

You retain all ownership rights to journal entries, voice recordings (prior to deletion), and other content you create through the Application ("User Content"). By using the Application, you grant us a limited, non-exclusive license to process, display, and transmit your User Content solely as necessary to provide the Application's functionality to you. We do not claim any ownership rights to your User Content.

2.4 Feedback

If you provide us with any suggestions, comments, or feedback regarding the Application ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our products and services without compensation or attribution to you.

3.1 Subscription Model

TalkJournal operates on a subscription basis with the following pricing:

• Monthly Subscription: $1.99 per month (USD)
• Annual Subscription: $11.99 per year (USD)

Prices are subject to change with thirty (30) days advance notice.

3.2 Payment Processing

All subscription payments are processed through third-party payment platforms:

• iOS users: Apple App Store and Apple's In-App Purchase system
• Android users: Google Play Store and Google's billing system
• Subscription management: RevenueCat

By subscribing, you agree to the terms and conditions of these third-party payment processors. We do not collect, process, or store your payment information directly.

3.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual) unless you cancel before the renewal date. You will be charged the then-current subscription fee through your App Store account.

3.4 Cancellation

You may cancel your subscription at any time through:

• iOS: Settings > [Your Name] > Subscriptions
• Android: Google Play Store > Menu > Subscriptions

Cancellation takes effect at the end of your current billing period. You will retain access to subscription features until that time.

3.5 Refund Policy

All sales are final. We do not offer refunds for partial subscription periods, unused time, or change of mind. Refund requests must be directed to Apple or Google, as applicable, in accordance with their refund policies. In exceptional circumstances involving technical issues that prevent use of the Application, you may contact us at support [at] talkjournalapp [dot] com to discuss resolution.

3.6 Free Trial (if applicable)

If we offer a free trial period, you will be charged the subscription fee when the trial ends unless you cancel before the trial period expires. Trial eligibility may be limited to new users or subject to other restrictions.

4.1 Privacy Policy Incorporation

Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By accepting this EULA, you also acknowledge and accept our Privacy Policy.

4.2 Data Storage and Processing

• All journal entries are stored locally on your device using industry-standard encryption
• Voice recordings are processed locally using your device's native speech recognition
• Original voice recordings are automatically deleted after transcription
• We do not access, read, store, or transmit your journal content

4.3 Optional Cloud Synchronization

If you enable cloud synchronization:

• iOS users: Data syncs to your personal iCloud account
• Android users: Data syncs to your personal Google Drive account
• Synced data is subject to Apple's or Google's privacy policies
• We do not have access to your cloud storage or synced data
• You may disable cloud sync at any time

4.4 Analytics and Technical Data

We collect minimal, anonymized technical data for app improvement purposes:

• Device type and operating system version
• App version and crash reports
• Anonymous usage statistics (e.g., number of entries created)

This data cannot be linked to you personally and may be disabled in the Application settings.

4.5 Age Restrictions

The Application is intended for users aged 13 and older. We do not knowingly collect personal information from children under 13. If we discover that we have collected information from a child under 13, we will delete it promptly.

5.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring that your device is secured with passcode, biometric authentication, or other security measures
• Notifying us immediately of any unauthorized use of your account

5.2 Prohibited Uses

You agree not to use the Application to:

• Create, store, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Violate any local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Application, other users' accounts, or computer systems
• Interfere with or disrupt the Application or servers connected to the Application
• Use automated means (bots, scripts, scrapers) to access the Application
• Engage in any activity that could damage, disable, or impair the Application
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

5.3 Compliance with Laws

You are solely responsible for ensuring that your use of the Application complies with all applicable laws and regulations in your jurisdiction.

6.1 Application Updates

We may provide updates, patches, enhancements, or modifications to the Application ("Updates") from time to time. Updates may be automatically downloaded and installed, or may require your manual action. You acknowledge that the Application may not function properly without the most recent Updates.

6.2 Acceptance of Updates

By using the Application, you consent to the automatic downloading and installation of Updates. We reserve the right to discontinue support for older versions of the Application.

6.3 Modification of Features

We reserve the right to modify, suspend, or discontinue any features or functionality of the Application at any time without notice. We are not liable to you or any third party for any such modifications, suspensions, or discontinuations.

7.1 No Warranty

THE APPLICATION 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, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

• The Application will meet your requirements or expectations
• The Application will be uninterrupted, timely, secure, or error-free
• Any errors or defects will be corrected
• The Application will be compatible with all devices or operating systems
• Voice recognition will be 100% accurate

7.2 Third-Party Services

The Application relies on third-party services including:

• Apple iCloud and Google Drive for cloud synchronization
• Apple App Store and Google Play Store for distribution and payment
• RevenueCat for subscription management
• Device operating systems for voice recognition

We are not responsible for the availability, functionality, accuracy, or reliability of these third-party services. Any issues with third-party services are subject to their respective terms and policies.

7.3 Data Loss

YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR JOURNAL ENTRIES. We strongly recommend enabling cloud synchronization to protect your data. We are not liable for any loss, corruption, or deletion of your User Content, regardless of cause. Data may be lost due to device failure, operating system updates, Application errors, or other unforeseen circumstances.

7.4 Not a Substitute for Professional Services

The Application is a personal journaling tool and is not intended to be a substitute for professional medical, psychological, or therapeutic services. If you are experiencing a mental health crisis or emergency, please contact appropriate emergency services or mental health professionals immediately.

8.1 Exclusion of Damages

IN NO EVENT SHALL RAYS HEALTH TECHNOLOGIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICATION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

8.3 Basis of the Bargain

You acknowledge that the limitations of liability in this Section 8 are fundamental elements of the agreement between you and the Company, and that we would not be able to provide the Application to you at the current pricing without these limitations.

8.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10.1 Termination by You

You may terminate this Agreement at any time by:

• Uninstalling the Application from all your devices
• Canceling your subscription through the App Store
• Ceasing all use of the Application

10.2 Termination by Us

We may suspend or terminate your license and access to the Application immediately, without notice, if:

• You breach any provision of this Agreement
• We are required to do so by law
• We discontinue the Application (with reasonable notice)
• Your subscription payment fails or is disputed

10.3 Effect of Termination

Upon termination:

• Your license to use the Application immediately ceases
• You must immediately cease all use of the Application and delete all copies from your devices
• Your local data remains on your device until you manually delete it
• Synced data remains in your personal cloud storage (subject to your cloud provider's policies)
• You are not entitled to any refund for unused subscription time
• Sections 2 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), and 12 (General Provisions) survive termination

11.1 Governing Law

This Agreement 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 principles.

11.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

11.3 Individual Dispute Resolution

You and the Company agree to resolve any disputes arising out of or relating to this Agreement or the Application through individual legal action only. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11.4 Time Limitation

You agree that any claim or cause of action arising out of or relating to this Agreement or the Application must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

11.5 Injunctive Relief

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the unauthorized use or disclosure of our intellectual property or confidential information.

14.1 Entire Agreement

This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Rays Health Technologies LLC regarding the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.

14.2 Amendment

We reserve the right to modify this Agreement at any time. We will notify you of material changes through the Application or via email (if provided). Your continued use of the Application after such notification constitutes your acceptance of the modified Agreement. If you do not agree to the modifications, you must stop using the Application and uninstall it.

14.3 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.4 Waiver

Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.

14.5 Assignment

You may not assign, transfer, or delegate this Agreement or your rights and obligations hereunder without our prior written consent. We may freely assign, transfer, or delegate this Agreement and our rights and obligations hereunder. Any attempted assignment in violation of this section shall be void.

14.6 No Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights except as expressly stated herein.

14.7 Force Majeure

We shall not be liable for any failure or delay in performance under this Agreement due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.8 Notices

All notices to you may be provided through the Application, by email (if provided), or by posting on our website. You may provide notices to us at:

• Email: support [at] talkjournalapp [dot] com
• Address: Rays Health Technologies LLC, 8 The Green, STE B, Dover, DE 19901, United States

14.9 Language

This Agreement is written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

14.10 Headings

The section headings in this Agreement are for convenience only and have no legal or contractual effect.