Welcome to Viviary. By downloading, installing, or using our application, you agree to be bound by these Terms of Service. Please read them carefully before using the app.
1. Acceptance of Terms
By accessing or using Viviary, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use the app.
2. Description of Service
Viviary is a visual diary application that allows you to create, store, and organize personal journal entries with photos, videos, and text. The app operates on a local-first principle, meaning your data is primarily stored on your device.
3. User Accounts and Responsibilities
You are responsible for:
- Maintaining the security of your device and any PIN codes you set
- All content you create, upload, or store within the app
- Backing up your data regularly
- Ensuring your use of the app complies with all applicable laws and regulations
4. Acceptable Use
You agree not to use Viviary to:
- Store, share, or distribute illegal content
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Attempt to reverse engineer, decompile, or extract source code from the app
- Use the app for any commercial purpose without authorization
5. Intellectual Property
Our Content: The Viviary app, including its design, code, features, and branding, is owned by us and protected by intellectual property laws. You may not copy, modify, or distribute any part of the app without permission.
Your Content: You retain all rights to the content you create within Viviary. We do not claim ownership of your diary entries, photos, videos, or any personal content.
6. Premium Subscription
Viviary offers optional premium features through in-app purchases and subscriptions:
- Payment: Subscriptions are billed through the App Store or Google Play
- Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
- Cancellation: You can cancel your subscription at any time through your device's subscription settings
- Refunds: Refund requests are handled by Apple or Google according to their policies
7. Data and Backups
Local Storage: Your data is stored locally on your device. We are not responsible for data loss due to device failure, accidental deletion, or other circumstances.
Cloud Backup: If you enable cloud backup, your data is stored in your personal iCloud or Google Drive account. We do not have access to this data.
Recommendation: We strongly recommend regularly exporting and backing up your data.
8. Disclaimer of Warranties
Viviary is provided "as is" without warranties of any kind, either express or implied. We do not guarantee that the app will be error-free, uninterrupted, or free of harmful components.
9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, or goodwill.
10. Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify you of significant changes through the app. Your continued use after changes constitutes acceptance of the new terms.
11. Termination
You may stop using Viviary at any time by uninstalling the app. We reserve the right to suspend or terminate access to the app for users who violate these terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.
13. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Email: support@viviary.com