Terms of Service

What Are the Terms of Service?

The Terms of Service constitutes a contract between 365 Gratitude Journal and you. If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in 365 Gratitude Journal (collectively, "Content") and your personal information in accordance with such Privacy Policy.

What Do I Have to do to Use the 365 Gratitude Journal Service?

First, you need to create an 365 Gratitude Journal service account. You create an account by providing us with an email address and creating a password. We refer to this as your "Basic Subscriber Information". We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.

Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. 365 Gratitude Journal also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.

Can Kids Use 365 Gratitude Journal?

365 Gratitude Journal is not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

Where Does My Data Go?

If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks owned by 365 Gratitude Journal, its Service Providers, and other third parties located in California and other locations in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

How is My Account Closed?

You may deactivate your account with our Service at any time, for any reason (or no reason). However, if you want to deactivate your account you need to send an email to support@365gratitudejournal.com

Does 365 Gratitude Journal Serve Ads?

Our business model is to make the Service so valuable that our users will want to subscribe to a Paid Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties.

How can I interact with the community?

365 Gratitude Journal provides you access to share your ideas with our community. You are responsible for the content you share in our community. No spam or promotional material may be shared with the community. Avoid swear or curse words, slurs relating to race or sexuality, variations and misspellings of profane language. Sharing any such material will result in immediate ban from our Service.

Purchases

For certain types of Accounts or to access certain features of the Services, we may charge a fee, such as an Account fee or subscription fee. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

For example, we offer our GratPlus subscription for a fee. You can GratPlus in the following ways: by purchasing a subscription to the Services from the site, within the app, where allowed by the app marketplace partners.

Authorization to Charge for Services. You must use a credit card, debit card or other payment mechanism accepted by us (e.g., Google Play Store, Apple's iTunes App Store) (Pay Mechanism) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.

Accuracy of Payment Information. You agree to provide complete and accurate account information for all purchases made at our store. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of the Company, the Company will in no way be responsible or liable to you for any such breach to the maximum extent permitted under applicable law.

Terms Applicable to Apple's App Store. In the event of any failure of our Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the app purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Apple is not responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Subscription Renewal. By purchasing a subscription, you agree that in accordance with applicable law, we may renew your subscription automatically for the same subscription term on the day after your previous subscription term ends, and you authorize us to charge you for the new subscription term, unless you cancel your Account prior to the subscription renewal date through the procedures described in the Subscription Cancellation section below. We will charge your credit card (or another Pay Mechanism initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price. The billing period for your subscription fee begins from the time of registration (i.e., when you register, enter your Pay Mechanism and pay the initial subscription fee), and again at the start of each subsequent subscription period. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your subscription. You acknowledge that billing may not occur on the exact same date of each month. Your subscription continues until cancelled by you, or we terminate your access to or use of the Services or subscription in accordance with these Terms.

Trials and Promotional Fees. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. You may cancel your Account during your promotional period to avoid being charged the full applicable subscription fee using the procedures described in the Subscription Cancellation section below.

Changes to Fees or Account Features. All fees published on the Services are set by UofHappy in its sole discretion and we may change our fees from time to time. UofHappy or its partners will send notice of upcoming automatic renewal prior to renewing your subscription if required by law. We may change the subscription terms, subscription fees, or other fees at any time on a going forward basis at our sole discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change or cancel your subscription before applying those changes to your Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from an Account or subscription. Where legally permissible, your continued enrolment in your Account after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your subscription at the revised rates and/or terms, you must let us know prior to the end of your then-current subscription period in accordance with the Subscription Cancellation section below, so that at the end of that subscription period, your subscription will end. Otherwise, the revised rate and/or terms will apply on and from the next subscription period.

Subscription Cancellation. To cancel your subscription, you may cancel your Account prior to its renewal date through the "Cancel Subscription" option in the settings tab or by contacting our Customer Support team at support@365gratitudejournal.com. If you downloaded our app through Apple's iTunes App Store, you must follow the cancellation instructions provided in the iTunes App Store. For all Accounts, you will continue to have access to your Account for the period of time that has already been prepaid. If you activated a paid Account at a discounted or promotional rate, chose to pay in installments, and then canceled that Account prior to all of the installments having been paid, the period of time after the cancellation that your Account will continue to be accessible will be calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note we do not provide full or partial refunds for prepaid sums, except where required by law. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid.

Refunds. We understand that accidents happen! That's why we offer a full refund if:

• You contact us within 7 days of your payment date
• An unwanted charge appears in your bank account from 365 Gratitude
• You have not requested or received a refund previously

The Services may also be available for purchase from an authorized reseller or from our bundle subscription partners. Your purchase will be subject to the authorized reseller's or partner's terms, as well as these Terms, and payment and management of the bundle subscription may be administered by them. To the maximum extent permitted by law, you agree to waive all claims against UofHappy and its third-party affiliates, including UofHappy's third-party payment processor(s), related to any unauthorized payments made on or through the use of your Account outside of UofHappy's control, regardless of whether such payments are authorized by you. However, you may submit a claim of the unauthorized payment to UofHappy so that UofHappy can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, UofHappy will assist in correcting the alleged unauthorized payment, provided that such claim is received by UofHappy within thirty (30) days of the disputed charge or payment.