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Hello Dear Diary
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Terms of Service

Effective Date:

1. Acceptance of Terms

Welcome to Hello Dear Diary. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hello Dear Diary ("Company," "we," "us," or "our") governing your access to and use of our mobile application, website, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

2. Account Registration and Security

To access certain features of our Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account
  • Not share your account with others or allow others to access your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

3. User Content and Conduct

You retain all ownership rights to content you create, upload, or store through our Services ("User Content"). By using our Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, process, and transmit your User Content solely to provide and improve our Services.

You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that you have all necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.

You agree NOT to use our Services to:

  • Upload illegal, harmful, threatening, abusive, or hateful content
  • Impersonate any person or entity
  • Violate intellectual property rights of others
  • Transmit viruses, malware, or harmful code
  • Collect or harvest information about other users
  • Engage in unauthorized commercial activities
  • Interfere with or disrupt our Services
  • Attempt to gain unauthorized access to our systems
  • Use automated systems (bots) without permission
  • Violate any applicable laws or regulations

4. Subscription and Payment Terms

Our Services offer both free and premium subscription tiers:

Free Tier:

  • Limited to 5 diary entries per month
  • Basic features and functionality

Premium Tier:

  • Unlimited diary entries
  • Advanced features including voice recording, transcription, and photo uploads
  • Ad-free experience
  • Priority customer support
  • Additional storage capacity

Payment Terms:

  • Subscriptions are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • Prices may change with 30 days' advance notice
  • You authorize automatic recurring charges to your payment method
  • You can cancel your subscription at any time through account settings
  • Cancellations take effect at the end of the current billing period
  • We are not responsible for charges by your financial institution

Free Trial:

  • Premium trials may be offered at our discretion
  • You will be charged unless you cancel before the trial ends
  • One trial per user; additional trials are at our sole discretion

5. Intellectual Property Rights

All content, features, functionality, trademarks, service marks, logos, and brand elements of our Services (excluding User Content) are owned by Hello Dear Diary or our licensors and are protected by international copyright, trademark, patent, and other intellectual property laws.

You may not:

  • Copy, modify, distribute, sell, or lease any part of our Services
  • Reverse engineer or attempt to extract the source code
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our trademarks without express written permission
  • Create derivative works based on our Services
  • Frame or mirror any part of our Services without authorization

Any feedback, suggestions, or ideas you provide regarding our Services become our property and may be used without compensation or attribution.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to:

  • Our collection and use of your information as described in our Privacy Policy
  • Processing of your data in accordance with applicable data protection laws
  • Transfer of your data across borders as necessary to provide our Services

We implement industry-standard security measures, but cannot guarantee absolute security. You acknowledge that you use our Services at your own risk and that we are not liable for unauthorized access to your data resulting from circumstances beyond our reasonable control.

7. Service Availability and Modifications

We strive to provide reliable and uninterrupted Services, but we cannot guarantee:

  • Continuous, uninterrupted, or error-free operation
  • Services will be available at all times or locations
  • Defects will be corrected immediately
  • Services are free from viruses or harmful components
  • Results or accuracy of any information obtained through our Services

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of our Services at any time
  • Limit or restrict access to certain features
  • Update these Terms with notice to users
  • Refuse service to anyone for any reason at our sole discretion

We will provide reasonable notice of material changes to our Services when possible, but are not obligated to do so.

8. Termination and Account Closure

You may terminate your account at any time by:

  • Using the account deletion feature in app settings
  • Contacting our support team at support@hellodeardiary.com

We may suspend or terminate your account immediately, without prior notice or liability, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Upon your request
  • For any other reason at our sole discretion

Upon termination:

  • Your right to access and use our Services immediately ceases
  • We may delete your User Content in accordance with our data retention policies
  • You remain responsible for all charges incurred prior to termination
  • Provisions that should survive termination will continue to apply

You may request a copy of your data before account deletion by contacting us at least 30 days in advance.

9. Disclaimers and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that Services will meet your requirements or expectations
  • Warranties regarding accuracy, reliability, or availability of Services
  • Warranties that Services will be uninterrupted, secure, or error-free

We do not warrant that:

  • Our Services will always be available or accessible
  • Your User Content will not be lost, corrupted, or stolen
  • Our Services are appropriate for your specific needs
  • Third-party services integrated with ours will function correctly

YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND DISCRETION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL HELLO DEAR DIARY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, use, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use our Services
  • Unauthorized access to or alteration of your User Content
  • Conduct or content of third parties on our Services
  • Any other matter relating to our Services

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF:

  • The amount you paid us in the 12 months preceding the claim, or
  • One hundred dollars ($100 USD)

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hello Dear Diary and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use or misuse of our Services
  • Your User Content
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
  • Your violation of any applicable laws or regulations
  • Any misrepresentation made by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.

12. Dispute Resolution and Arbitration

Please read this section carefully. It affects your rights and may limit your ability to pursue claims in court or before a jury.

Informal Resolution:

Before filing a claim, you agree to contact us at legal@hellodeardiary.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration:

If informal resolution fails, any dispute arising from these Terms or our Services shall be resolved through binding arbitration in accordance with applicable arbitration rules.

Class Action Waiver:

YOU AND HELLO DEAR DIARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions:

Either party may bring suit in court for injunctive relief or to enforce intellectual property rights. Claims in small claims court are also excluded from arbitration if they qualify.

Opt-Out:

You may opt out of arbitration by sending written notice to legal@hellodeardiary.com within 30 days of first accepting these Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.

To the extent arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the courts located within the applicable jurisdiction for resolution of any disputes.

14. Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Hello Dear Diary. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party services that you visit or use.

15. Export Controls and Sanctions

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export is prohibited, and that you are not on any list of prohibited or restricted parties.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by:

  • Posting the updated Terms within the app
  • Sending an email notification to your registered email address
  • Displaying a prominent notice on our website or app

Your continued use of our Services after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you must stop using our Services and may terminate your account.

It is your responsibility to review these Terms periodically for changes. The "Effective Date" at the top of this document indicates when these Terms were last revised.

17. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

No waiver by Hello Dear Diary of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Services, constitute the entire agreement between you and Hello Dear Diary regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

19. Contact Information

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

For legal notices, please send correspondence to:
Hello Dear Diary
legal@hellodeardiary.com.

We will make reasonable efforts to respond to your inquiries within 5-7 business days.

contact_support Questions About These Terms?

If you have any questions about these Terms of Service, please contact us at legal@hellodeardiary.com.