We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to
our charging your payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
Apple In-App Purchase
Disclosures:
1. Payment will be charged to your Apple ID account at confirmation of purchase.
2. Auto-renewal: The subscription automatically renews unless canceled at least 24
hours before the end of the current billing period.
3. Managing your subscription: You can manage your subscription and turn off
auto-renewal at any time by going to your Apple ID Account Settings after purchase.
Free Trial
We
offer a 7-day free trial to new users who register with the Services.
The account will be charged according to the user's chosen subscription at
the end of the free trial.
Cancellation
You can cancel your subscription at any time through your iOS device settings by
opening the Settings app, tapping your Apple ID at the top of the screen, and selecting Subscriptions.
From the list of active services, select ARC Diary and tap Cancel Subscription or Cancel Free Trial to
prevent
further billing. Please note that to avoid being charged for the next cycle or the conversion of a 7-day
free trial into a paid plan, you must complete this cancellation at least 24 hours before the current
period expires. Following cancellation, you will typically retain access to premium features until the
end of your current billing or trial period.
Your cancellation will take effect at the end of the current
paid term. If you have any questions or are unsatisfied with our Services, please email us at
arcdiary.app@gmail.com.
Fee Changes
We may, from
time to time, make changes to the subscription fee and will communicate any price changes to you in
accordance with applicable law.
6. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by an end
user license agreement
("EULA"), the terms of
the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and non-transferable
license to use such software solely in connection
with our services and in accordance with these Legal Terms. Any software and any related documentation
is provided "AS IS"
without warranty of any kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and
all risk arising out of use or performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal Terms.
You may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and services.
-
Reverse engineering, decompiling, or attempting to extract the
source code, or underlying algorithms of the Application.
8. USER GENERATED CONTRIBUTIONS
ARC Diary does not
operate social features, forums, message boards, or any functionality that allows your
content to be viewed by other users or transmitted to third parties. All content you create
within the Application — including journal entries, reflections, and AI-generated
chapters —
is stored exclusively on your device and is never transmitted to our servers, other users,
or
third-party platforms.
The term
“Contributions” in these Legal Terms refers solely to content you create within
the App for
your own personal use, and to any feedback, suggestions, or communications you voluntarily
send directly to us. You represent and warrant that any direct communications you send to us
(such as support emails or feedback) do not contain confidential third-party information and
that you have the right to share them with us.
ARC Diary
is
built
strictly on a "Privacy-First" architecture. We do NOT claim ownership of your
Contributions, nor do we request an unrestricted or worldwide license to use, sell,
or
distribute your personal journal entries.
By writing
and
saving your Contributions within the App, you grant the Application the minimal,
temporary permissions necessary solely to process your text locally on your device.
This
local processing is strictly for the purpose of utilizing the on-device AI to
generate
insights, reflections, and chapters for you.
We do not
upload, host, copy, reproduce, disclose, sell, resell, publish, broadcast, transmit,
or
distribute your personal text data to any cloud servers or third parties.
We do not
assert any ownership over your Contributions. You retain full and absolute ownership
of
all your Contributions and any intellectual property rights or other proprietary
rights
associated with them. We are not liable for any statements or representations in
your
Contributions provided by you in the App. You are solely responsible for your
Contributions and you expressly agree to exonerate us from any and all
responsibility
and to refrain from any legal action against us regarding your Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services
via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install
and
use the App on wireless electronic devices owned or controlled by you, and to access and use the App
on
such devices strictly in accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
(3)
violate any applicable laws, rules, or regulations in connection with your access or use of the App;
(4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)
posted
by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available
over a
network or other environment permitting access or use by multiple devices or users at the same time;
(7)
use the App for creating a product, service, or software that is, directly or indirectly,
competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any
website or
to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply
when
you use the App obtained from either the Apple Store or Google Play (each an "App Distributor")
to
access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event
of
any failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the
purchase
price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you
represent
and warrant that (i) you are not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any
US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be
in
violation of their wireless data service agreement when using the App; and (6) you acknowledge and
agree
that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be
deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license contained in
these Legal Terms against you as a third-party beneficiary thereof.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or
you
may be sent via the App
)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging
to
or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated,
monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed
from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or
other policies of or contained in the Third-Party Websites or
the
Third-Party Content. Inclusion of, linking to, or permitting
the
use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should
be
aware these Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services or relating
to
any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from
other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or
services offered on Third-Party Websites and you shall hold
us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall
hold
us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way
from
any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
Because ARC Diary operates on a
strictly local, on-device architecture, we do not have access to your personal data, journal entries, or
AI-generated content, and we therefore have no ability to monitor, access, modify, or remove your
personal
content.
We reserve the right to update,
modify, or discontinue the Application software itself through App Store updates. We may also, at our
discretion, suspend or terminate a user's access to paid features in cases of confirmed abuse of the
subscription or payment systems, in accordance with applicable law and Apple's App Store policies. We
reserve
the right to take appropriate action in response to legal obligations, including responding to valid
legal
process as required by applicable law.
13. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://arcdiary.app/privacy-policy.html.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms.
Please be advised that certain
technical infrastructure supporting the Services (such as app analytics and subscription management via
third-party providers) may involve servers located in the United States and Germany, or other regions.
Crucially, any data transferred is strictly limited to anonymized app usage analytics and purchase
processing data. Your personal journal entries, text inputs, and AI-generated reflections are NEVER
uploaded, transferred, or stored on these external servers; they remain securely and locally on your
device
at all times.
By continuing to use the
Services,
you expressly consent ONLY to the transfer of the aforementioned technical and analytics data to the
United
States and Germany as required to maintain App functionality. Further, we do not knowingly accept,
request,
or solicit information from children or knowingly market to children. Therefore, in accordance with the
U.S.
Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13
has
provided personal information to us without the requisite and verifiable parental consent, we will
delete
that information from the Services as quickly as is reasonably practical.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes
upon any copyright you own or control, please immediately notify us using the contact information
provided
below (a "Notification"
). A
copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for damages if
you
make material misrepresentations in a Notification. Thus, if you are not sure that material located on
or
linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
15. TERM AND TERMINATION
These Legal Terms shall remain
in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
access to the Services for any reason, we reserve the right to take appropriate
legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services
will be available at all times. We may experience hardware, software, or other problems or need to
perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms shall be
governed
by and defined following the laws of
Jordan
. Muthana ALMaiah and yourself irrevocably consent that
the
courts of
Jordan
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these
Legal Terms.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute
(except those Disputes expressly provided below) informally for at least sixty
(60)
days before initiating arbitration. Such informal negotiations commence upon written notice from
one
Party to the other Party.
Binding Arbitration
Any dispute
arising
out of or in connection with these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by binding arbitration in accordance with the
Jordanian
Arbitration Law in force at the time of the dispute. The arbitral tribunal shall consist of one (1)
arbitrator.
The seat, or legal place, of arbitration shall be Amman, Jordan. The language of the proceedings shall be
English and Arabic. The governing law of these Legal Terms shall be the substantive law of Jordan.
Restrictions
The Parties
agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If
this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties
agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without
prior
notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES
BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE twelve (12) MONTH PERIOD PRIOR TO
ANY
CAUSE OF ACTION ARISING
OR
$50.00 USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth
in
these Legal Terms; (5) your violation of the rights of a
third
party, including but not limited to intellectual property rights; or (6) any overt harmful act facilitated through your use of the
Services. Notwithstanding the foregoing, we reserve the right, at your
expense,
to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate,
at
your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding
which is subject to this indemnification upon becoming aware of it.
23. USER DATA AND LOCAL STORAGE
ARC Diary operates on a strictly local, on-device
architecture. We do NOT transmit, host, or maintain your personal journal entries, images, or
AI-generated
reflections on our servers. All such data remains exclusively on your device. Because we do not have
access
to your data, we do not perform any backups of your personal content. You are solely responsible for
securing, backing up (e.g., via Apple iCloud), and maintaining all data that you create within the
Services.
You agree that we shall have no liability to you for any loss, deletion, or corruption of any such data,
and
you hereby waive any right of action against us arising from any such loss or corruption. We will
maintain
only anonymized technical data relating to app performance and subscription management.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you
agree that all agreements, notices, disclosures, and other communications we provide to you
electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
ARC Diary is a privacy-first application that does not
sell, share, or broker users' personal information to third parties, and does not engage in
cross-context
behavioral advertising. Your personal journal entries, AI-generated reflections, and all personal
content
remain exclusively on your device at all times and are never transmitted to our servers.
As a result of this architecture, ARC Diary does not
meet the thresholds that trigger full obligations under the California Consumer Privacy Act (CCPA/CPRA).
We
do not sell or share personal information, we do not process personal information at the scale that
triggers
mandatory CCPA compliance, and we have no commercial data-brokering activity.
Nevertheless, we respect the spirit of California's
privacy laws. If you are a California resident and have any questions about your data or our privacy
practices, please contact us at arcdiary.app@gmail.com.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against
us
by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. ARTIFICIAL INTELLIGENCE AND ON-DEVICE PROCESSING DISCLAIMER
ARC Diary utilizes on-device Large Language Models
(LLMs)
and machine learning algorithms to process your journal entries locally. You acknowledge and agree
that:
(1) AI-generated content, including reflections, insights, and narrative chapters, is provided for
informational and creative purposes only. Due to the nature of generative AI, the Application may
occasionally produce outputs that are inaccurate, incomplete, nonsensical, unsuitable, or
potentially
offensive; (2) You are solely responsible for the content you enter into the application and your
subsequent reliance on any AI-generated outputs; (3) ARC Diary is not a medical, psychological, or
professional diagnostic tool, and its outputs should not be treated as professional advice, therapy,
or
medical guidance; and (4) We assume no liability for any emotional distress, damages, or losses
resulting from your interaction with the AI engine.
28. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Muthana ALMaiah
Khaled Ben Al-Walid St. 43, Madaba
Madaba
, Madaba Governorate
17110
Jordan
Phone: +962778198965
29. THIRD-PARTY OPEN SOURCE COMPONENTS
ARC Diary incorporates third-party open-source AI
models and software libraries that are distributed under their respective open-source licenses. These
components are used in accordance with their license terms. A full list of incorporated open-source
components, their copyright holders, and their applicable licenses is available at: https://arcdiary.app/licenses.html
The inclusion of these components does not transfer any
rights in those components to you beyond what is granted by their respective open-source
licenses.