Terms of Use

1. The agreement

These Terms of Use ("Terms") are an agreement between you and DuttLabs, the studio of Dr. Shankar Dutt ("DuttLabs", "we", "us"), for the Secret Diary: Private Journal app for iPhone, iPad and Apple Watch, including its widgets (the "App").

The App is licensed to you under Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms add to the Standard EULA and explain how the App and its purchases work. If the two conflict, the Standard EULA prevails. By downloading or using the App you agree to both. If you don't agree, please don't use the App.

2. Your licence

We grant you a personal, non-exclusive, non-transferable licence to use the App on Apple-branded devices that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. The App's design, code and artwork are owned by DuttLabs and protected by copyright and other laws. You may not copy, modify, reverse-engineer or redistribute the App, except where the law allows it.

3. Free features, Premium and the free trial

The App is free to download, and its core journal is free to use, with no entry limit and no time limit. Secret Diary Premium is an optional upgrade, sold as an in-app purchase, that unlocks additional features. The App and our website list which features are included in Premium. Every Premium plan unlocks the same features, and the App never shows ads, with or without Premium.

We may change which features are free or included in Premium in later updates. If we do, content you've already created stays yours and can still be backed up.

• Monthly: $2.99 a month, with a 7-day free trial for eligible new subscribers.
• Yearly: $19.99 a year, with a 7-day free trial for eligible new subscribers.
• Lifetime: $49.99, once. See section 4.

Prices are in US dollars. The App Store shows the price and currency for your country or region before you buy, and that price applies.

How billing works

• Payment is charged to your Apple Account when you confirm the purchase. If you start a free trial, you are charged when the trial ends, unless you cancel before then.
• Automatic renewal: a subscription renews automatically for the same period (a month or a year) at the then-current price, unless you turn off auto-renew at least 24 hours before the end of the current period.
• Renewal charges are made to your Apple Account within the 24 hours before the current period ends.
• Free trial eligibility is decided by Apple, generally one trial per Apple Account. If you buy a subscription or Lifetime during a free trial, any unused part of the trial ends when the purchase takes effect.
• Price changes: if the price of a subscription goes up, Apple will tell you in advance and, where required, ask you to agree before you're charged the new price.

4. The Lifetime purchase

Lifetime is a single, non-renewing in-app purchase. It unlocks every Premium feature of the App, including Premium features added in later updates, for as long as we offer and support the App on your devices. It doesn't include a free trial. To use it on another device, sign in with the same Apple Account and tap Restore Purchases.

5. Cancelling, restoring and refunds

• Cancel in Settings › your name › Subscriptions › Secret Diary on your iPhone or iPad, or from Manage Subscription in the App's settings. You keep Premium until the end of the period you've paid for. Deleting the App doesn't cancel a subscription.
• Restore an earlier purchase on a new or reinstalled device with Restore Purchases, using the same Apple Account.
• Family Sharing: the monthly and yearly plans and Lifetime can be shared with your Family Sharing group. Only the family member who bought Premium can manage or cancel it.
• Offer codes can be redeemed in the App under Settings › Redeem Offer Code. Apple's terms for the offer apply.
• Refunds are handled by Apple under its policies. Request one at reportaproblem.apple.com. We can't issue refunds for App Store purchases ourselves.
• If Premium ends, your entries stay on your device (and in your private iCloud if you used iCloud Sync) and the free journal keeps working. Voice notes, dreams and time capsules you created stay readable and can be backed up; creating new ones needs Premium. Decoy Mode, if it's on, stays on until you turn it off. Premium themes, fonts and app icons switch back to a free look, and iCloud Sync pauses until Premium is active again.

6. Your content

Everything you write, record or add to the App ("your content") belongs to you. We don't claim any rights in it, and we can't see it: it's stored on your device and, if you turn on iCloud Sync, in your private iCloud. The Privacy Policy explains this in detail.

Because we don't hold a copy, we can't recover your content if your device is lost, reset or replaced, or if you delete the App. Please save password-protected backups regularly (they're free), or keep iCloud Sync turned on if you have Premium.

7. Your device, codes and passwords

The App has no user accounts. It's protected by your device's Face ID, Touch ID or passcode, and optionally by a decoy code and backup passwords that you choose. Please keep your device passcode, decoy code and backup passwords safe. They're stored only on your device or known only to you, so we can't see, reset or recover them.

8. Acceptable use

Please don't use the App to break the law or to infringe anyone else's rights, and don't try to interfere with the App, its purchases or its security features.

9. App Store terms

If you got the App from Apple's App Store, you and we also acknowledge that:

• These Terms are between you and DuttLabs only, not Apple. DuttLabs, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App. Support is provided by DuttLabs, through the Support page.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• DuttLabs, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the App or your use of it infringes their intellectual property rights, DuttLabs, not Apple, is responsible for investigating, defending, settling and discharging that claim.
• You confirm that you aren't located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you aren't on any US Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the App, such as your mobile carrier's terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

10. Warranty and your consumer rights

We work hard to make the App reliable, but we can't promise it will always be available, uninterrupted or free of errors. To the extent the law allows, the App is provided "as is", and we exclude warranties that aren't set out in these Terms.

Nothing in these Terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, or under the consumer protection laws of the country where you live, that can't lawfully be excluded. Under the Australian Consumer Law our services come with guarantees that can't be excluded.

11. Limitation of liability

To the maximum extent permitted by law, DuttLabs isn't liable for any indirect, incidental, special or consequential loss, or for loss of data, arising from your use of the App. Where our liability for a failure to meet a consumer guarantee can be limited, it's limited to supplying the service again or paying the cost of having it supplied again. Our total liability for any other claim is limited to the amount you paid for the App in the 12 months before the claim.

12. Changes, and ending the agreement

We may update the App to add, change or remove features. We may also update these Terms. If we make a significant change, we'll post the new Terms here with a new date and mention it in the App's update notes. Continuing to use the App after a change means you accept the updated Terms. You can stop using the App and cancel your subscription at any time.

You can stop using the App at any time by cancelling any subscription and deleting it from your devices. If you seriously breach these Terms, your licence to use the App ends.

13. Governing law

These Terms are governed by the laws of the Australian Capital Territory, Australia. You and we submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and courts that can hear appeals from them. If you're a consumer living elsewhere, you also keep the protection of any mandatory laws of your country.

14. Contact

Secret Diary: Private Journal is developed by DuttLabs (Dr. Shankar Dutt), Australian Capital Territory, Australia. For questions about these Terms, or any claim or complaint about the App:

• Email: shankarduttsgd@gmail.com
• Help: Support page
• Developer: duttlabs.app