Terms of Use for FeelNote

Effective Date: November 10, 2025
Last Updated: November 10, 2025

These Terms of Use ("Terms") govern your access to and use of the FeelNote mobile application (the "App"), operated by Blue Sparrow Dev ("we," "us," "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

Contact Information:

• General inquiries: info@bluesparrow.dev
• Privacy matters: privacy@bluesparrow.dev
• Website: https://bluesparrow.dev

About Us: FeelNote is developed and operated by a solo developer as part of Blue Sparrow Dev.

1. Acceptance of Terms

By creating an account (if applicable), accessing, or using FeelNote, you represent that:

• You are at least 13 years of age (or the age of digital consent in your jurisdiction).
• You have the legal capacity to enter into a binding agreement.
• You will comply with these Terms and all applicable laws and regulations.

If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

FeelNote is a personal journaling and mood tracking application that allows you to:

• Create and store journal entries and mood logs locally on your device.
• Track your emotional well-being through mood analytics and visualizations.
• Optionally back up encrypted copies of your data to your own Google Drive via Google sign-in.
• Access premium features via an optional subscription.

Offline-First Design: Core features of the App work offline and do not require an internet connection or account. Google Drive backups and certain premium features require a Google account and internet connectivity.

Reminder Permissions on Android: To deliver scheduled reminders on Android 13 and newer, the App must request both notification access (POST_NOTIFICATIONS) and exact-alarm scheduling rights (SCHEDULE_EXACT_ALARM). Reminders remain disabled until you grant both permissions inside Android Settings; you can revisit the decision anytime without affecting other features.

No Warranties: The App is provided "as-is" without warranties of any kind. We strive to provide a reliable service, but we do not guarantee uninterrupted or error-free operation.

3. User Accounts

3.1 Account Creation (Optional)

• You may use the App without creating an account (local-only mode).
• To access Google Drive backups or premium features, you must sign in with a Google account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to notify us immediately at privacy@bluesparrow.dev of any unauthorized use of your account.

3.2 Account Termination

• You may delete your account at any time from within the App or by contacting privacy@bluesparrow.dev.
• We may suspend or terminate your account if you violate these Terms or engage in fraudulent or illegal activity.
• Upon termination, your access to premium features and Google Drive backup functionality will be revoked.

4. User Conduct and Prohibited Uses

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

4.1 Prohibited Activities

• Use the App in any way that violates applicable local, national, or international law.
• Transmit or store any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to the App, other users' accounts, or our systems.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App (except as permitted by law).
• Introduce viruses, malware, or other malicious code into the App.
• Use the App to harass, abuse, or harm another person.
• Interfere with or disrupt the integrity or performance of the App or its servers.
• Use automated scripts, bots, or other means to access the App in an unauthorized manner.
• Resell, redistribute, or sublicense the App without our prior written consent.

4.2 Content Responsibility

• You are solely responsible for the content you create and store in the App (journal entries, mood logs, photos, etc.).
• You represent that you own or have the necessary rights to the content you upload.
• We do not monitor, review, or endorse user-generated content. We are not responsible for any content you or other users create.

5. Intellectual Property Rights

5.1 Our Rights

• The App, including its design, code, graphics, logos, and content (excluding user-generated content), is owned by Blue Sparrow Dev and is protected by copyright, trademark, and other intellectual property laws.
• "FeelNote," the FeelNote logo, and other trademarks are the property of Blue Sparrow Dev. You may not use them without our prior written permission.

5.2 Your Rights

• You retain all ownership rights to the content you create in the App (journal entries, mood logs, photos).
• If you enable Google Drive backups, you grant us a limited, non-exclusive, royalty-free license to securely transfer encrypted copies of your content to your Google Drive so you can restore it. We do not claim ownership of your content.

5.3 License to Use the App

• Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.
• This license does not include the right to:
  • Copy, modify, or create derivative works of the App.
  • Distribute, sell, or sublicense the App.
  • Access the App's source code (except as permitted by applicable open-source licenses, if any).

6. Premium Subscription

6.1 Subscription Features

FeelNote offers an optional premium subscription that unlocks additional features, including:

• Google Drive backup and restore across devices.
• Extended analytics and insights.
• Additional customization options.
• Early access to new features.

The specific features included in the premium subscription are described in the App and may be updated from time to time.

6.2 Subscription Terms

• Billing: Subscriptions are billed on a recurring basis (monthly or annual, as selected) through your Google Play or Apple App Store account.
• Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the renewal date.
• Price Changes: We may change subscription prices at any time. Price changes will be communicated to you in advance and will apply to future billing periods. Your continued use of the subscription after a price change constitutes acceptance of the new price.
• Cancellation: You can cancel your subscription at any time from your Google Play or Apple App Store account settings. Cancellation will take effect at the end of the current billing period.
• No Refunds: Subscription fees are non-refundable, except as required by law or as stated in our refund policy (see Section 6.3).

6.3 Refund Policy

• Google Play / Apple App Store: Refund requests are subject to the refund policies of Google Play or the Apple App Store. We do not control or process refunds directly.
• Exceptional Circumstances: If you believe you are entitled to a refund (e.g., due to a technical issue or billing error), please contact us at info@bluesparrow.dev. We will review your request on a case-by-case basis.

6.4 Free Trial (If Applicable)

• We may offer a free trial period for premium subscriptions. If you do not cancel before the end of the free trial, you will be automatically charged the subscription fee.
• You may cancel the free trial at any time to avoid charges.

7. Data Privacy and Security

Your privacy is important to us. Please review our Privacy Policy for detailed information on how we collect, use, and protect your data.

Key Points:

• Journal entries and mood logs are stored locally on your device by default.
• We do not access your journal content unless you enable Google Drive backups.
• Backup files saved to your Google Drive are encrypted and only you can access them with your Google credentials.
• You can delete your data at any time.

8. Third-Party Services

8.1 Google Services

• The App uses Google sign-in for authentication, Google Drive for optional encrypted backups, and Google Play services for subscription management.
• Your use of Google services is subject to Google's Terms of Service and Privacy Policy.

8.2 Google Drive Integration

• If you enable Google Drive backup, the App will access your Google Drive storage to save and retrieve encrypted backup files.
• We do not access any files in your Google Drive other than the backup files created by the App.

8.3 In-App Purchases

• Subscriptions and in-app purchases are processed by Google Play or the Apple App Store.
• These transactions are subject to the terms and policies of the respective platform.

8.4 Third-Party Links

• The App may contain links to third-party websites or services. We are not responsible for the content, terms, or privacy practices of third parties.

9. Disclaimers and Limitations of Liability

9.1 No Medical Advice

• FeelNote is a personal journaling and mood tracking tool. It is not a substitute for professional medical advice, diagnosis, or treatment.
• If you are experiencing a mental health crisis or have thoughts of self-harm, please seek immediate help from a qualified healthcare provider or contact a crisis hotline (e.g., 988 Suicide and Crisis Lifeline in the US, Samaritans in the UK).
• We do not provide therapy, counseling, or medical services. The App's insights and analytics are for informational purposes only.

9.2 "As-Is" and "As-Available" Basis

• The App is provided "as-is" and "as-available" without warranties of any kind, either express or implied.
• We do not warrant that:
  • The App will be uninterrupted, error-free, or secure.
  • Defects will be corrected.
  • The App will meet your specific requirements.
  • The results obtained from using the App will be accurate or reliable.

9.3 Limitation of Liability

To the fullest extent permitted by law:

• We (Blue Sparrow Dev and its operator) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
  • Loss of data, profits, or business opportunities.
  • Emotional distress or personal injury.
  • Any damages arising from your use or inability to use the App.
• Our total liability for any claims arising from these Terms or the App shall not exceed the amount you paid us in the 12 months preceding the claim (or $50 USD if you have not paid anything).

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

9.4 Data Loss

• You are responsible for maintaining backups of your journal entries and mood logs.
• We are not liable for any loss or corruption of data, whether stored locally on your device or in the cloud.
• We recommend enabling Google Drive backups (where available) so you can restore your encrypted data if your device is lost or damaged. The App does not currently support exporting entries to external formats.

10. Indemnification

You agree to indemnify, defend, and hold harmless Blue Sparrow Dev, its operator, and service providers from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any rights of another person or entity.
• Your content stored in the App.

11. Termination

11.1 Termination by You

• You may stop using the App at any time by uninstalling it from your device.
• You may delete your account from within the App or by contacting privacy@bluesparrow.dev.

11.2 Termination by Us

We may suspend or terminate your access to the App at any time, with or without notice, if:

• You violate these Terms.
• We suspect fraudulent, illegal, or abusive activity.
• We discontinue the App or a specific feature.
• Required by law or a court order.

11.3 Effect of Termination

• Upon termination, your license to use the App is revoked.
• Premium subscription features will be disabled.
• Encrypted backup files stored in your Google Drive remain under your control and can be removed at any time from your Google account.
• Local data on your device will remain until you delete it or uninstall the App.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms in the App with a new "Effective Date."
• Sending you a notification via email or in-app message (if you have an account).

Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the App and delete your account.

We encourage you to review these Terms periodically.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws in your jurisdiction.

13.2 Dispute Resolution

• We encourage you to contact us first if you have any concerns. Most issues can be resolved through good faith negotiations by contacting us at info@bluesparrow.dev.
• If informal resolution is not successful, you may pursue claims through:
  • Your local courts, as provided by applicable consumer protection laws
  • Small claims court, if your claim qualifies
  • Alternative dispute resolution mechanisms available in your jurisdiction

Regional Rights:

• EU/UK Users: You retain the right to bring claims in your local courts or use the Online Dispute Resolution (ODR) platform.
• All Users: You have the right to seek remedies in accordance with the consumer protection laws applicable in your location.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Blue Sparrow Dev regarding the App and supersede any prior agreements or communications.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any affiliate or successor entity.

14.5 Force Majeure

We are not liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control (e.g., natural disasters, pandemics, government actions, internet outages).

14.6 Survival

Provisions that by their nature should survive termination (e.g., intellectual property rights, disclaimers, indemnification, governing law) shall survive.

14.7 Language

These Terms are provided in English. If translated, the English version shall prevail in case of any conflict.

15. Specific Regional Provisions

15.1 European Union (EU) / European Economic Area (EEA) / United Kingdom (UK)

Consumer Rights:

• If you are a consumer in the EU/EEA/UK, you have statutory rights under EU/UK consumer protection laws that cannot be limited by these Terms.
• You have the right to withdraw from a purchase within 14 days (cooling-off period) under the EU Consumer Rights Directive, except for digital content that has been fully provided with your consent.

Liability:

• Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be limited under applicable law.

Dispute Resolution:

• You may bring claims in your local courts or use the Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr

Data Protection:

• Your data protection rights are governed by our Privacy Policy and the GDPR. See Section 6 of the Privacy Policy for details.

15.2 California (USA)

California Consumer Rights:

• California users have rights under California Civil Code Section 1789.3.
• The App is provided by Blue Sparrow Dev. For inquiries or complaints, contact info@bluesparrow.dev.
• You may also contact the California Department of Consumer Affairs for assistance with consumer complaints.

15.3 Australia

Australian Consumer Law (ACL):

• If you are an Australian consumer, you have statutory rights under the ACL that cannot be excluded, including guarantees relating to acceptable quality, fitness for purpose, and correspondence with description.
• Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL.
• Our liability for breach of a consumer guarantee is limited to, at our option:
  • In the case of goods: repair, replacement, or refund.
  • In the case of services: re-supply or payment of the cost of re-supply.

15.4 India

Indian Consumer Rights:

• If you are a consumer in India, you have rights under applicable Indian consumer protection and data protection laws that cannot be waived by these Terms.
• You have the right to seek remedies through appropriate consumer protection channels for disputes related to deficiency of service or unfair trade practices.

15.5 Canada

Quebec:

• If you are a consumer in Quebec, you may have additional rights under the Quebec Consumer Protection Act. Nothing in these Terms waives those rights.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Email: info@bluesparrow.dev
Privacy Matters: privacy@bluesparrow.dev
Website: https://bluesparrow.dev

17. Acknowledgment

By using FeelNote, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.
• You have the legal capacity to enter into this agreement.
• You will use the App in compliance with all applicable laws and regulations.

If you do not agree to these Terms, please do not use the App.

Thank you for choosing FeelNote. We hope the App supports your journey toward greater self-awareness and emotional well-being.

Blue Sparrow Dev
General inquiries: info@bluesparrow.dev
Privacy matters: privacy@bluesparrow.dev
Website: https://bluesparrow.dev

Last Updated: November 10, 2025

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