Last Updated: December 22, 2024

Agreement to our legal terms

We are Chronika ('we', 'us', or 'our'), the creators of the Chronika mobile application (the 'App') and related products and services that reference or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

Our journaling mobile application is designed to provide a space for personal reflection and growth.

You can contact us by email at contact@chronika.fun.

These Legal Terms represent an agreement between you and Chronika regarding your use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to these Legal Terms. If you do not agree, you may discontinue use at any time.

We will notify you in advance of any significant changes to the Services. Updated Legal Terms will take effect once posted or communicated to you via contact@chronika.fun. Continuing to use the Services after this time signifies your acceptance of the revised terms.

Users under the age of 18 must have permission from and be supervised by a parent or guardian when using the Services. We kindly ask that a parent or guardian review and agree to these terms if the user is a minor.

We recommend saving a copy of these Legal Terms for your records.

Table Of Content

  1. Our Services
  2. Intellectual Property Rights
  3. User Representation
  4. User Registration
  5. Prohibited Activities
  6. User Generated Contributions
  7. Contribution Licence
  8. Mobile Application Licence
  9. Social Media
  10. Services Management
  11. Privacy Policy
  12. Copyright Infringements
  13. Term And Termination
  14. Modifications And Interruptions
  15. Governing Law
  16. Dispute Resolution
  17. Corrections
  18. Disclaimer
  19. Limitations Of Liability
  20. Indemnification
  21. User Data
  22. Electronic Communications, Transactions, And Signatures
  23. Miscellaneous
  24. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Content or Marks without our prior written consent.

The Content and Marks are provided "AS IS" without warranties of any kind, either express or implied, for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

solely for your personal, non-commercial use or internal business purpose.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to use the Services, Content, or Marks in a way not expressly permitted by these Legal Terms, please contact us at contact@chronika.fun. If permission is granted to post, reproduce, or publicly display any part of our Services or Content, you must clearly identify us as the owners or licensors and ensure all copyright or proprietary notices remain visible.

We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will result in a material breach of our Legal Terms and the immediate termination of your right to use our Services.

Your submissions and contributions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully before using our Services to understand the rights you grant us and your responsibilities when posting or uploading content.

Submissions:By sending us questions, comments, feedback, or ideas about the Services ('Submissions'), you assign all intellectual property rights in the Submission to us. We will own the Submission and may use or distribute it for any lawful purpose without acknowledgment or compensation to you.

Contributions:When using features like blogs, forums, or social channels, you may submit content such as text, videos, photos, or other materials ('Contributions'). Publicly posted Submissions will also be treated as Contributions.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

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 refer to the 'COPYRIGHT INFRINGEMENTS' section below.

3. User Representation

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update it as necessary;
  3. You have the legal capacity to agree to these Legal Terms and will comply with them;
  4. You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Services;
  5. You will not access the Services through automated or non-human means, such as bots, scripts, or other automated processes;
  6. You will not use the Services for any illegal or unauthorized purpose; and
  7. Your use of the Services will comply with all applicable laws and regulations.

If any information you provide is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any part of them).

4. User Registration

You may be required to register to use the Services. By registering, you agree to keep your password confidential and to be fully responsible for all activities under your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

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 endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

6. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary, except where your Contributions are specifically designated as private (such as private journals or messages), which we will treat with confidentiality in accordance with our Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. Contribution Licence

By posting your Contributions to any public part of the Services or linking your account from the Services to any social networking accounts, you grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, copy, reproduce, modify, distribute, publicly perform, and publicly display your Contributions solely for purposes related to operating, improving, and promoting the Services. This license applies to public content only and does not affect the ownership or privacy of content posted in private journals.

You retain full ownership of your Contributions and any associated intellectual property rights. We will not use your name, image, or voice for advertising or commercial purposes without your explicit consent. You waive any moral rights to your Contributions to the extent permitted by applicable law.

We reserve the right to edit, categorize, or remove public Contributions to ensure compliance with our guidelines or improve the user experience. While we may review Contributions, we are not obligated to do so and are not responsible for the content provided by users.

If you delete public Contributions, the license will terminate, except where retention is required for legal or compliance purposes. Contributions shared in private journals remain your sole responsibility, and we claim no license over private content except as necessary to provide the Services.

8. Mobile Application Licence

Use License

If you access the Services via the App, 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 strictly in accordance with these Legal Terms. You agree not to:

  1. If you access the Services via the App, 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 strictly in accordance with these Legal Terms. You agree not to:
  2. Modify, adapt, improve, enhance, translate, or create derivative works from the App.
  3. Violate any applicable laws, regulations, or rules in connection with your use of the App.
  4. Remove, alter, or obscure any proprietary notices (e.g., copyright or trademark) posted by us or our licensors.
  5. Use the App for any revenue-generating endeavor or commercial purpose not expressly authorized.
  6. Share or make the App available over a network allowing simultaneous use on multiple devices.
  7. Use the App to develop competing products, services, or software.
  8. Use the App to send automated queries or unsolicited commercial emails.
  9. Utilize proprietary information or interfaces of the App in the design or development of unauthorized applications or devices.

Apple and Android Devices

The following additional terms apply when using the App from an App Distributor (e.g., Apple App Store or Google Play):

  1. The license granted is limited to using the App on devices operating under the Apple iOS or Android systems, as applicable, per the distributor’s terms.
  2. We are responsible for providing maintenance and support as required under these Legal Terms, and the App Distributor has no obligation to do so.
  3. In case of a warranty issue, you may notify the App Distributor for a refund (if applicable). Beyond this, the distributor has no further warranty obligations.
  4. You confirm you are not located in a country subject to a U.S. government embargo or listed on U.S. government restricted parties lists.
  5. You agree to comply with third-party terms relevant to your use of the App (e.g., wireless carrier agreements).
  6. The App Distributors are third-party beneficiaries of these Legal Terms and have the right to enforce them against you.

9. Social Media

As part of the Services, you may link your account with third-party service providers (each, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services, or (2) authorizing us to access your Third-Party Account, as permitted under the terms governing your use of that account. By linking a Third-Party Account, you represent and warrant that you are authorized to provide us with access and that doing so does not violate any agreements or obligations with the third-party provider.

By granting us access, you understand that:

  1. We may retrieve and display content from your Third-Party Account (“Social Network Content”) on the Services, as permitted by your privacy settings.
  2. We may send and receive additional information to and from your Third-Party Account, as disclosed to you at the time of linking.
  3. Personally identifiable information you post on your Third-Party Account may be visible on the Services, depending on your privacy settings.

If a Third-Party Account becomes unavailable or access is revoked, any related content may no longer be available on the Services. You may disable the connection between the Services and your Third-Party Accounts at any time through your account settings or by contacting us. Upon deactivation, we will delete information obtained from the Third-Party Account stored on our servers, except for your username and profile picture, which remain linked to your account.

We prioritize the security and privacy of your data and comply with applicable data protection laws. Your data will only be accessed and used as necessary to provide the Services, and we will not alter or misuse Social Network Content.

Please note that your relationship with third-party service providers is governed solely by your agreements with them. We are not responsible for the accuracy, legality, or appropriateness of Social Network Content. You acknowledge that we may access your contact list associated with a Third-Party Account or device solely to identify and notify you of contacts using the Services.

10. Services Management

We reserve the right, but not the obligation, to:

  1. Monitor the Services for any violations of these Legal Terms.
  2. Take appropriate legal action against users who, in our sole discretion, violate the law or these Legal Terms, including, but not limited to, reporting such users to law enforcement authorities.
  3. Restrict, limit, or disable (to the extent technologically feasible) access to any of your Contributions or any portion thereof, if, in our sole discretion, they violate these Legal Terms or applicable law.
  4. Remove or disable, without notice or liability, any files or content that are excessive in size or place undue burden on our systems.
  5. Manage the Services in a manner intended to protect our rights and property and ensure the proper functioning and availability of the Services for all users.

11. Privacy Policy

We prioritize data privacy and security. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please note that the Services are hosted in India. If you access the Services from a region with laws governing personal data collection, use, or disclosure that differ from the laws applicable in India, you acknowledge and agree that:

  1. By using the Services, you are transferring your personal data to India.
  2. Your data will be processed and stored in accordance with Indian laws and our Privacy Policy.
  3. You expressly consent to this transfer, processing, and storage of your data in India, regardless of the laws in your region.

If you have concerns regarding your data privacy or cross-border data transfers, please contact us using the information provided in the Privacy Policy.

13. Term And Termination

These Terms of Service remain in effect while you use the app. We reserve the right, at our discretion and without prior notice, to restrict or terminate your access to the app or its services (including blocking certain IP addresses) if you violate these terms, applicable laws, or engage in conduct that disrupts or harms the app, its users, or its security. This includes, but is not limited to, breaches of representations, warranties, or covenants outlined in these terms. We may delete your account and remove any content you have posted at any time without prior warning.

If your account is terminated or suspended, you may not create a new account under your name, a fictitious identity, or any third party’s name. We reserve the right to take additional legal action, including seeking civil, criminal, or injunctive remedies.

14. Modifications And Interruptions

We reserve the right to modify, update, or remove content or features of the Services at any time, at our sole discretion, without prior notice. While we may periodically update the app, we are not obligated to do so. We are not responsible to you or any third party for changes, suspensions, price adjustments, or discontinuation of the Services.

We cannot guarantee uninterrupted access to the Services. Occasionally, technical issues, maintenance, or updates may cause temporary interruptions, delays, or errors. By using the app, you acknowledge that these interruptions may occur. We reserve the right to revise, suspend, or discontinue the Services at any time without prior notice.

You agree that we are not liable for any loss, damage, or inconvenience caused by the unavailability of the Services. Nothing in these Terms obligates us to maintain, support, or release updates or fixes for the Services.

15. Governing Law

These Terms of Service are governed by and interpreted in accordance with the laws of India. You and Chronika agree that any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts in India.

16. Dispute Resolution

Informal Negotiations

Before pursuing formal legal action, you and Chronika agree to first attempt to resolve any disputes, controversies, or claims (each a "Dispute") through informal negotiations. The Parties agree to engage in good faith discussions for at least 180 days after one Party provides written notice to the other.

Binding Arbitration

If informal negotiations fail, any Dispute related to these Terms of Service shall be resolved by binding arbitration. Arbitration will be conducted under the rules of the International Commercial Arbitration Court of the European Arbitration Chamber. The arbitration will take place in Bengaluru, India, with proceedings conducted in English. The governing law will be the substantive law of India.

Restrictions

Arbitration will address Disputes between you and Chronika individually. The Parties agree that:

  1. Arbitration cannot be combined with any other proceeding;
  2. Class actions or collective arbitration are not permitted;
  3. Disputes cannot be brought on behalf of others or the general public.

Exceptions to Arbitration

The following Disputes are exempt from arbitration:

  1. Disputes regarding intellectual property rights;
  2. Claims involving theft, piracy, privacy violations, or unauthorized use;
  3. Requests for injunctive relief.

If any part of this section is found unenforceable, Disputes will be resolved by the courts in India, as outlined in the Governing Law section.

17. Corrections

The Services may occasionally contain typographical errors, inaccuracies, or omissions in areas such as descriptions, availability, or other information. We reserve the right to correct these errors and to update or change information at any time without prior notice.

18. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. By using the Services, you acknowledge and agree that you do so at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantees about the accuracy, completeness, or reliability of any content within the Services or linked websites or applications. We are not responsible for:

  1. Errors, inaccuracies, or omissions in the content and materials;
  2. Personal injury or property damage resulting from your use of the Services;
  3. Unauthorized access to or use of our servers and any personal or financial information stored within them;
  4. Service interruptions or transmission failures;
  5. Viruses, malware, or harmful code transmitted by third parties through the Services;
  6. Loss or damage resulting from the use of content shared or made available through the Services.

We do not endorse or assume responsibility for third-party content or links provided through the Services. Any interactions or transactions with third-party providers are solely between you and them. Please exercise caution and good judgment when engaging with any external content or services.

19. Limitations Of Liability

To the fullest extent permitted by law, we and our directors, employees, or agents will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost data, revenue, or profits arising from your use of the Services, even if we have been advised of the possibility of such damages.

In any case, our total liability to you for any claim, regardless of the form of action, will not exceed the amount paid by you (if any) for the use of the Services.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such cases, parts of this section may not apply to you, and you may have additional rights under applicable law.

20. 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 content or contributions to the Services;
  2. Your use of the Services;
  3. Your breach of these Legal Terms;
  4. Your violation of any third-party rights, including but not limited to intellectual property or privacy rights;
  5. Any harmful or unlawful activity conducted through your account or by you in connection with the Services.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.

21. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing and improving the performance of the Services, as well as data related to your use of the Services. While we conduct regular routine backups, you are solely responsible for safeguarding and maintaining the integrity of any data, including journal entries or other content, that you transmit or create using the Services.

You acknowledge and agree that we are not liable for any loss, corruption, or accidental deletion of such data. By using the Services, you waive any right to take legal action against us for any such loss or corruption.

For private journals, additional security measures (such as encryption) may apply, but it remains your responsibility to protect access to your account and ensure the safety of your data.

22. Electronic Communications, Transactions, And Signatures

By accessing our Services, sending emails, or completing online forms, you are engaging in electronic communications. You consent to receive communications from us electronically, including agreements, notices, disclosures, and other correspondence, which will satisfy any legal requirements for such communications to be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTIONAL DOCUMENTS INITIATED OR COMPLETED THROUGH THE SERVICES. You waive any rights or requirements under applicable laws or regulations in any jurisdiction that mandate an original (non-electronic) signature, physical delivery, or retention of records, or that restrict payments or credits to non-electronic means.

23. Miscellaneous

These Legal Terms, along with any policies or operating rules posted by us on the Services or related to the Services, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of that right or provision. These Legal Terms apply to the fullest extent permitted by law.

We may assign our rights and obligations under these Legal Terms to others at any time. We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision in these Legal Terms is found to be unlawful, void, or unenforceable, that provision will be severed from these Legal Terms, and the remaining provisions will remain valid and enforceable.

No joint venture, partnership, employment, or agency relationship is created between you and us by these Legal Terms or your use of the Services. You agree that these Legal Terms will not be interpreted against us simply because we drafted them. You also waive any defences based on the electronic form of these Legal Terms or the lack of physical signatures by the parties to enforce these Legal Terms.

24. 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 contact@chronika.fun.