Terms of Use for Journya (journya.com)
Preamble
These Terms of Use govern the use of the Journya application, provided by Innopulse Consulting GmbH, Gotthardstrasse 30, 6300 Zug, Switzerland. By using our services, you agree to these terms. These Terms of Use are subject to the provisions of the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP). They apply to all digital services, including mobile apps and other platforms offered by Journya.
Definitions
Service: The features and services provided by Journya.
User: Any natural or legal person who uses the services of Journya.
Content: All data, texts, files, media (e.g., images, videos, audio), and information uploaded or generated by users.
Data: Any information collected, processed, and stored during the use of Journya.
Agreement: The contract between the user and Journya for the use of its services.
Subscription: The paid or free usage model for the services of Journya.
Paid Services: All services that require a fee.
Contracting Party: Natural or legal persons who have entered into an agreement with Journya.
Responsible Entity
Innopulse Consulting GmbH
Gotthardstrasse 30, 6300 Zug, Switzerland
Email: info@journya.com
Phone: +41 79 508 28 06
Commercial Register Number: CH-170.4.021.748-3
UID/VAT: CHE-219.727.921
Scope of Services and Subject Matter
The Journya application offers the following main functionalities:
Journaling: Create and manage entries with text, media, mood tracking, and tags.
Mood Tracking: Record and analyze emotional trends over time.
Reminders and Notifications: Daily journaling reminders and nostalgia alerts.
Insights Dashboard: Visualization of entries, moods, and user achievements.
Customization: Personalization options, including themes, templates, and user-specific settings.
Export and Backup: Secure export and backup of journal content.
Calendar Integration: Synchronization with Google Calendar, Apple Calendar, and Microsoft Calendar.
Data Privacy: End-to-end encryption and user-controlled data access.
Support: Access to help documents and the ability to submit support requests.
Registration and Account
Registration: Users must register to access Journya’s services. Registration requires personal details, such as name, email address, and password.
Account Management: Users can manage their personal data, language preferences, and settings. They can also change their password and enable two-factor authentication (2FA).
Account Deletion: Users can delete their account at any time. All stored data will be removed permanently.
Accurate Information: Users must provide truthful and complete information during registration and account use.
Data Updates: Users are obligated to update their personal details if changes occur.
Account Suspension: Journya reserves the right to temporarily or permanently suspend a user’s account if these terms are violated.
Account Recovery: Suspended accounts may be restored under certain conditions.
Data Protection
The protection of your personal data is important to us. Please read our Privacy Policy for detailed information on how we process and protect your data, including data from third-party integrations such as Google Drive or Dropbox.
Data Retention and Deletion: Personal data is stored only as long as required to fulfill the intended purpose or comply with legal retention periods. Data is securely stored and deleted afterward. Any transfer of data is restricted to Switzerland or countries with adequate data protection laws.
Encryption: Data is encrypted during transfer and storage to maintain confidentiality and security.
Payments
Payments are processed through Stripe, a secure payment service provider. For more details, refer to the Stripe Privacy Policy.
Payment Methods: Accepted methods include credit cards, debit cards, and other options supported by Stripe.
Billing Cycles: Users can choose between monthly and yearly subscriptions.
Refunds: Refunds are available under specific conditions and can be requested through support.
Late Payment Fees: Fees may apply for delayed payments.
Chargebacks and Plan Changes: Guidelines for chargebacks and subscription modifications are outlined during the subscription process.
Here is the adapted Terms of Use for Journya for the specified sections, including the integration of the lifetime plan:
Subscription Terms and Termination
Subscription Options: Users can choose from the following subscription plans for Journya:
Monthly Subscription: Recurring payment billed monthly.
Yearly Subscription: Recurring payment billed annually.
Lifetime Plan: One-time payment providing unlimited access to all Journya services without expiration.
Start of Subscription: The subscription period begins on the activation date of the selected plan.
Cancellation Notice Periods and Procedures
Monthly Subscriptions: Can be canceled at any time with a 7-day notice before the end of the current billing cycle.
Yearly Subscriptions: Can be canceled at any time with a 30-day notice before the end of the current billing cycle.
Lifetime Plan: The lifetime plan is non-cancelable and non-refundable once the payment has been completed, except under exceptional circumstances (e.g., documented cases of service failure or technical issues).
Cancellation Process
Users can cancel their subscription through their account settings in the “Account Settings” section or by contacting Journya’s support team at info@journya.com. Upon receiving a cancellation request, Journya will send a confirmation to the registered email address.
Early Termination
No refunds are provided for the unused portion of a yearly subscription unless there are exceptional circumstances, such as significant, documented service disruptions or proven inability to use the service. In such cases, users can request a proportional refund, subject to review by Journya.
The lifetime plan is not eligible for early termination refunds.
Subscription Renewal
Automatic Renewal: Unless canceled, subscriptions (monthly or yearly) renew automatically for the same period. Users will receive an email notification 14 days before the renewal date.
Plan Changes: Users can switch between monthly and yearly subscriptions through their account settings. Changes will take effect at the start of the next billing cycle.
Termination by Journya
Journya reserves the right to terminate a user’s subscription under the following conditions:
Violation of Terms: If the user violates these Terms of Use, including unauthorized use or abuse of the services.
Non-Payment: Failure to pay the required fees despite reminders.
Legal or Regulatory Reasons: If required by law or regulations.
In cases of termination by Journya, pre-paid fees for the current billing cycle will not be refunded.
User Responsibilities
Account Security: Users are required to keep their account credentials (username, password) secure and notify Journya immediately of any unauthorized access. Users are responsible for all activities conducted through their account.
Compliance with Laws: Users must comply with all applicable local, national, and international laws when using Journya’s services. This includes adhering to data privacy and intellectual property laws.
Content Responsibility: Users retain ownership of their uploaded content but are prohibited from uploading:
Illegal, defamatory, or offensive materials.
Content that infringes on the rights of third parties. Journya reserves the right to remove such content and suspend the user’s access.
Prohibited Activities:
The use of automation or scraping tools to extract data.
Disruptive activities such as Denial-of-Service (DoS) attacks, spamming, or hacking attempts.
Export Controls and Sanctions: Users must comply with export control laws and sanctions, ensuring no services or technologies are exported to restricted countries or individuals.
Warranty and Liability
General Disclaimer: Journya is not liable for direct or indirect damages resulting from the use of its services, except in cases of intentional or gross negligence.
Limitations of Liability:
No liability for data loss, lost profits, or business interruptions.
No liability for the content or actions of third parties linked through Journya.
User-Induced Damages: Users are responsible for damages resulting from the misuse of Journya’s services.
Force Majeure: Journya is not responsible for service interruptions caused by events outside its reasonable control, such as natural disasters, acts of war, regulatory changes, or pandemics.
Changes to Services and Terms of Use
Journya reserves the right to modify its services or these Terms of Use. Users will be notified of significant changes via email or in-app notification.
Notification Procedures
Users will receive a 30-day notice before significant changes take effect.
If users disagree with the changes, they may terminate their subscription without penalty before the changes take effect.
User Rights in Case of Changes
Users have the right to cancel their subscription without a notice period if significant changes to these Terms affect their use of the service. Refunds for the remaining subscription period will be issued on a proportional basis for yearly subscriptions. The lifetime plan is excluded from this provision.
Contact & Support
If you have questions or encounter issues, you can contact our support team through the following channels:
Contact Form: Available on the support page within the Journya app. Users can submit specific questions or request assistance with technical issues or general inquiries.
Email: Reach out to us directly at info@journya.com. Our team strives to respond to emails within one business day.
Phone: For urgent matters, users can call us at +41 79 508 28 06. Phone support is available during business hours from Monday to Friday, 9:00 AM to 6:00 PM (CET).
Support Process
Initial Inquiry: Upon receiving a support request via the contact form, email, or phone, it is entered into our ticketing system, and a ticket number is generated for tracking.
Response Time: We guarantee an initial response within 24 hours on business days.
Resolution: Requests are prioritized based on urgency and complexity and assigned to the appropriate department.
Escalation: If an issue cannot be resolved within the standard timeframe, it will be escalated to a higher support level. Users will be updated on the status and next steps.
Support Availability
Support is available during business hours from Monday to Friday, 9:00 AM to 6:00 PM (CET). For emergencies or critical issues, escalated requests may be handled outside regular business hours.
Usage Data and Analytics
Journya collects usage data to improve the app’s functionality, enhance the user experience, and provide better insights.
Google Analytics: We use Google Analytics to analyze user behavior and improve app performance. Refer to Google Analytics’ Privacy Policy for more details.
App-Specific Analytics: Journya integrates internal analytics to track user engagement, such as streaks, mood trends, and journaling frequency.
Types of Data Collected
Pages visited within the app.
Interaction patterns, including time spent on features.
Device information (e.g., device type, operating system).
Data Anonymization and Aggregation
All collected data is anonymized and aggregated to protect user privacy.
Opt-Out Options
Users can opt out of analytics tracking by adjusting their preferences in the app’s privacy settings or following instructions in the app’s Cookie Policy.
Customer Feedback and Support
Journya offers comprehensive support channels to address user needs and improve the app based on feedback.
Support Channels:
Email, phone, and integrated support ticketing system.
Accessible through the Journya dashboard.
Response Times: Initial responses within 24 hours on business days.
Feedback Submission: Users can provide feedback or report issues through the support system. Feedback is addressed within 5 business days.
Changes and Updates to the Application
Innopulse Consulting GmbH reserves the right to make changes to the functionality and design of the Journya app to enhance services or comply with legal requirements.
Changes Due to Legal Requirements
Updates necessary for legal or security reasons may be implemented without prior notification.
Scheduled Maintenance
Planned maintenance windows will be announced at least 48 hours in advance to allow users sufficient preparation time.
Feedback on Updates
Users can submit feedback on new features or updates through the support system. All feedback is reviewed to improve user experience and functionality.
Governing Law and Jurisdiction
These Terms of Use are governed by Swiss law. The exclusive jurisdiction for all disputes arising from or in connection with these Terms of Use is Zug, Switzerland.
Specific Regulations for EU Consumers: For consumers within the European Union, specific provisions may apply based on their respective national consumer protection laws.
Alternative Dispute Resolution: Users have the option to pursue alternative dispute resolution mechanisms, such as mediation or arbitration, as an alternative to legal proceedings.
Miscellaneous
If any provision of these Terms of Use is found to be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In such a case, the invalid provision will be replaced with a valid provision that comes closest to fulfilling the intended purpose.
Waiver Clause: Failure to enforce any provision of these Terms of Use shall not be considered a waiver of the right to enforce that or any other provision.
Severability Clause: If any provision of these Terms of Use is determined to be invalid, the other provisions will remain in full effect.
Priority of Terms: These Terms of Use take precedence over any prior agreements between the parties.
Applicability to Affiliates: These Terms of Use also apply to all subsidiaries and affiliates of Journya.
Security
Journya takes extensive measures to ensure the security of user data and accounts.
Regular Security Audits: Regular security audits and penetration tests are conducted to ensure system security and integrity.
Incident Reporting: Users are required to report security incidents immediately, including unauthorized access or suspected data breaches.
User Responsibilities: Users are responsible for maintaining the security of their own accounts, including safeguarding access credentials and using up-to-date security software.
Intellectual Property
All rights to the software, content, and services provided by Journya belong to Innopulse Consulting GmbH or its licensors.
Prohibition on Unauthorized Use: Without explicit permission, the reproduction, distribution, or other use of Journya’s software, content, or services is strictly prohibited.
Protection of User-Generated Content: Users retain all rights to the content they upload. However, Journya is granted the right to use this content solely for providing the services.
Circumvention of Security Measures: Users are prohibited from bypassing or attempting to bypass technical security measures implemented by Journya.
Third-Party Services and Links
Journya may include links to third-party websites or services, for which Journya is not responsible regarding their content or privacy practices.
Risk of Third-Party Websites: Users visit third-party websites at their own risk.
Liability Disclaimer: Journya is not liable for the content or data protection practices of third-party websites.
Export Control Laws
Users are responsible for complying with all applicable export control laws and sanctions. This includes ensuring that services, technologies, or content are not exported or re-exported to countries or individuals subject to export controls or sanctions.
Compliance with Sanctions
Users agree not to engage in transactions with individuals or entities subject to sanctions or located in sanctioned countries.
Updated on: December 24, 2024