Terms and Conditions

Last Updated: January 24, 2025

INTRODUCTION.

Welcome to Couple Joy (“Couple Joy,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the services, content, features, and functionalities provided through our mobile applications, website, and affiliated services (collectively, the “Platform”). By accessing, registering for, or using the Platform, you agree to be bound by these Terms, as well as any additional policies or guidelines referenced herein.

The Platform is designed to offer a suite of interactive features and tools specifically for couples to foster connection, enhance relationships, and share meaningful experiences. Through the Platform, we provide the following services (“Services”):

A shared journal for couples, allowing the creation and storage of photos, videos, and text memories, including date, time, and location tagging.
Engaging questions and games to help couples learn more about each other, with integrated chat functionalities to discuss quiz results.
Real-time location sharing and distance calculations between partners (with user consent).
Status sharing and widgets for home and lock screen integration to display relationship-related information.

The Platform also offers the option to use the app in multiple languages. Language preferences can be set in the app settings; however, translations into languages other than English are machine-generated. We do not guarantee the accuracy, reliability, or completeness of these translations. Users are encouraged to refer to the English version for the most accurate and precise experience.

By using the Platform and Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms or any part of them, you must not access or use the Platform or Services.

These Terms apply to all users of the Platform, including registered users and visitors. Access to the Platform and Services is restricted to individuals who are at least 18 years of age. You must also provide accurate, truthful information during registration and ensure that your use of the Platform complies with all applicable laws.

We are committed to transparency, user trust, and privacy. By using the Platform, you consent to the collection and processing of your personal data as described in our Privacy Policy, which is incorporated by reference into these Terms.

Couple Joy reserves the right to modify, update, or amend these Terms at any time to reflect changes in our Services, business practices, or legal obligations. Any updates to the Terms will take effect immediately upon posting on the Platform. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

ELIGIBILITY AND REGISTRATION.

The Platform is available only to individuals who are 18 years of age or older. By accessing or using the Platform, you confirm that you meet this age requirement. Additionally, the Platform can only be accessed in regions where the Apple App Store and Google Play Store are available. It is your responsibility to ensure that your use complies with local laws and regulations. If you have been previously banned or restricted by Couple Joy, you are prohibited from creating an account or accessing the Platform.

To access certain features of the Platform, you must create an account using a valid name, email address, and secure password or by signing in via Apple or Google. You may also choose to provide optional information, such as a profile picture or your couple’s anniversary date, to personalize your experience. By registering, you agree to provide accurate and up-to-date information. Misrepresentation or failure to update your account details may result in suspension or termination of your account.

For full functionality, you can link your account with your partner’s account by sharing or entering an invitation code. It is your responsibility to safeguard this code and ensure it is shared only with your partner.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect unauthorized access or a security breach, you must notify us immediately. Couple Joy is not liable for any losses or damages resulting from your failure to secure your account.

We reserve the right to suspend or terminate your account if you violate these Terms, provide false information, or engage in prohibited activities. You may also terminate your account at any time by using the account deletion feature available on the Platform.

SUBSCRIPTION AND PAYMENT TERMS.

Access to certain premium features and functionalities on the Platform requires a paid subscription. This section outlines the terms governing subscriptions, payments, and related processes.

We offer various subscription plans to access premium features, which may include monthly, yearly, or discounted options based on promotional conditions. The available plans and their pricing are displayed within the Platform and are subject to change. By purchasing a subscription, you agree to the pricing, payment terms, and renewal policies outlined in these Terms.

All subscription payments are processed through third-party payment systems provided by Apple (for iOS users) and Google (for Android users). By subscribing, you agree to comply with the respective terms and conditions of these payment providers. Couple Joy does not store or process payment information directly.

Subscriptions automatically renew at the end of the billing cycle (monthly or yearly) unless canceled at least 24 hours prior to the renewal date. Upon renewal, your payment method on file with Apple or Google will be charged the subscription fee for the next billing period. It is your responsibility to manage your subscription settings through the Apple App Store or Google Play Store to avoid unwanted charges. Only one user in a couple needs an active subscription to unlock premium features for both partners. To share subscription benefits, the subscribing user must connect their account with their partner’s account via the invitation code feature. If the connection is not established, subscription benefits will not be shared.

We may occasionally offer promotions or discounts. These offers are time-limited and may include conditions such as first-time use or activation within a specified time frame (e.g., one hour after account creation). We reserve the right to modify or discontinue promotional offers at any time.

Couple Joy reserves the right to modify subscription plans, pricing, or features at any time. Users will be notified of any significant changes that may affect their subscriptions. Continued use of the Platform after such changes constitutes acceptance of the revised terms. The app is free to download, but certain features are accessible only with a paid subscription. Additional costs, such as in-app purchases or third-party services, will be clearly disclosed where applicable. You are responsible for any charges associated with your subscription or use of premium features.

REFUNDS AND CANCELLATION.

Refund requests are exclusively handled by Apple (for iOS users) and Google (for Android users) through their respective payment systems. Couple Joy does not have the authority or capability to process refunds directly. If you wish to request a refund, you must do so through the Apple App Store or Google Play Store, in accordance with their refund policies and guidelines.

By subscribing, you consent to Couple Joy sharing relevant information about your account activity with Apple or Google to assist in evaluating refund requests. This information may include details about your subscription history, usage, or any applicable circumstances surrounding the request.

It is important to note that Apple and Google independently decide whether a refund will be issued. Couple Joy cannot guarantee the outcome of any refund request, as it is subject to their internal policies and procedures.

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Upon cancellation:

You will retain access to premium features for the remainder of the current billing cycle.
Your subscription will not renew at the end of the billing period.
No refund will be provided for the unused portion of the billing cycle, as subscription fees are non-refundable once the billing cycle has started.

We encourage users to review their subscription settings regularly to ensure they align with their preferences and needs.

Subscriptions obtained through promotional offers or discounts are subject to the same refund and cancellation policies outlined above. Promotional terms will not alter or extend the refund or cancellation period.

If you experience issues with the refund or cancellation process, we recommend contacting Apple or Google directly through their support channels. While Couple Joy is unable to process refunds, we are available to provide guidance and clarify any concerns related to your account.

SERVICE LIMITATIONS AND DOWNTIME.

Couple Joy is committed to providing a seamless and reliable experience for all users. However, there may be instances where access to the Platform or Services is limited or unavailable. This section outlines the circumstances under which such limitations may occur and our policies related to service interruptions.

To ensure optimal performance and implement improvements, we periodically perform maintenance and updates on the Platform. These activities may result in temporary service disruptions. We make every effort to schedule maintenance during off-peak hours and will provide advance notice to users whenever possible.

Despite our efforts to maintain a reliable service, unexpected technical issues, system failures, or external events beyond our control may lead to temporary downtime. Examples include but are not limited to server outages, network disruptions, or software malfunctions. In such cases, we will work diligently to restore access to the Platform as quickly as possible. While we strive to maintain consistent and reliable access to the Platform, Couple Joy does not guarantee uninterrupted service. The Platform is provided on an "as-is" and "as-available" basis, and we disclaim liability for any interruptions, delays, or inability to access the Platform or Services.

Subscription fees and payments are non-refundable. Service interruptions, whether planned or unplanned, do not entitle users to refunds, credits, or extensions of their subscription terms. This policy applies regardless of the duration or cause of the downtime.

Access to the Platform may vary based on geographic location, device compatibility, operating system versions, or internet connectivity. It is the user’s responsibility to ensure their device meets the technical requirements for using the Platform. Couple Joy is not liable for service limitations arising from user-specific technical constraints or third-party service providers. We encourage users to take note of the following:

Keep your app updated to the latest version to ensure compatibility and access to the most recent features and fixes.
Monitor our communication channels for announcements about planned maintenance or unexpected service interruptions.

Whenever feasible, we will notify users of planned downtime through in-app notifications, emails, or other communication channels. However, we are not obligated to provide prior notice for unplanned interruptions.

By using the Platform, you acknowledge and agree to these service limitations and our policies regarding downtime.

ACCOUNT INACTIVITY.

At Couple Joy, we aim to maintain a responsive and efficient platform for all users. To ensure optimal system performance, accounts that remain inactive for a continuous period of 12 months may be subject to deactivation. Inactivity is defined as the absence of any login or meaningful interaction with the Platform, such as using app features or updating account details.

For users on the free plan, we reserve the right to permanently delete all associated user-generated content, including photos, videos, journal entries, and other stored data, if the account remains inactive for 12 months. Once deleted, this data cannot be recovered, and Couple Joy is not responsible for any loss resulting from account inactivity.

For users who have accessed premium features through a subscription, content created during the subscription period will be retained for up to 3 months after the subscription expires, even if the account becomes inactive. If the user renews their subscription during this 3-month grace period, they will retain access to their data. If no renewal occurs, all user-generated content created during the premium subscription period may be permanently deleted after the 3-month grace period, regardless of account activity status.

Additionally, users who previously subscribed to premium features and are now on the free plan are subject to data deletion policies for premium-generated content if their account has been inactive for more than 3 months following the subscription's expiration.

Before taking any action on inactive accounts or expiring data retention periods, we will attempt to notify you through the email address associated with your account. This notification will serve as a reminder of your account's inactivity or approaching data deletion deadline and provide instructions on how to prevent any data loss.

Reactivation of an inactive account is possible at any time within the designated inactivity periods by logging in and resuming use of the Platform. Doing so will preserve account data and content, provided it has not already been deleted.

CLASS ACTION WAIVER.

BY USING THE SERVICES, YOU AGREE THAT ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE SERVICES WILL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION AGAINST THE SERVICES OR THEIR OPERATORS. ARBITRATION OR ANY OTHER LEGAL PROCEEDING RELATED TO A DISPUTE UNDER THESE TERMS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NO CLASS ARBITRATIONS, CLASS ACTIONS, OR PRIVATE ATTORNEY GENERAL ACTIONS WILL BE PERMITTED.

THIS CLASS ACTION WAIVER IS A MATERIAL AND NON-SEVERABLE PART OF THESE TERMS. BY AGREEING TO THIS PROVISION, YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND TO BE UNENFORCEABLE OR INVALID IN ANY JURISDICTION, ALL OTHER PROVISIONS OF THESE TERMS SHALL REMAIN ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

LICENSE TO USE.

Couple Joy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Services for personal, non-commercial purposes, subject to your compliance with these Terms. This license is provided solely to enable you to enjoy the features and functionalities of the Platform as intended by Couple Joy.

You agree that you will not, and will not allow others to, use the Platform or its Services in any way that violates these Terms or applicable laws. Specifically, you may not:

Copy, modify, distribute, or create derivative works of the Platform or any of its content without prior written consent from Couple Joy.
Reverse-engineer, decompile, or attempt to extract the source code of the Platform.
Use the Platform for any commercial purposes, including reselling access or redistributing content obtained through the Platform.
Circumvent, disable, or interfere with security-related features of the Platform or any measures designed to prevent unauthorized access.

The license granted under these Terms does not transfer any ownership rights to you. All intellectual property rights in the Platform, including its design, features, functionalities, and content, are and will remain the exclusive property of Couple Joy and its licensors. Use of the Platform beyond the scope of this license constitutes a violation of these Terms and may result in the suspension or termination of your account, as well as potential legal action.

Couple Joy reserves the right to revoke your license to use the Platform at any time, for any reason, including violation of these Terms. Upon termination of your license, you must immediately cease all use of the Platform and delete any copies of its content or materials in your possession.

CONTENT.

Couple Joy allows users to create, upload, and share content, including but not limited to photos, videos, text entries, and responses to interactive features such as quizzes and games (“User-Generated Content”). By using the Platform, you retain ownership of all User-Generated Content that you upload or create. However, you grant Couple Joy a limited, non-exclusive, royalty-free, worldwide license to store, process, and display this content solely for the purpose of operating and enhancing the Platform and its features. This license is necessary for us to provide the Services and ensure the intended functionality of the Platform.

You are solely responsible for ensuring that your User-Generated Content complies with all applicable laws, these Terms, and our content guidelines. This includes refraining from uploading content that is unlawful, harmful, offensive, defamatory, or otherwise objectionable. Couple Joy reserves the right, but is not obligated, to review, monitor, or remove any User-Generated Content that violates these Terms or is deemed inappropriate at our sole discretion.

The Platform is designed for use between partners who voluntarily share User-Generated Content. By uploading content and sharing your invitation code with your partner, you acknowledge that the content will be accessible to your partner and accept full responsibility for ensuring the security of the invitation code. Couple Joy is not liable for any unauthorized access or misuse of content resulting from the sharing of invitation codes.

If you submit feedback, suggestions, or ideas about the Platform to Couple Joy, you agree that we may use this information without any obligation to compensate you. Such submissions are considered non-confidential and non-proprietary and may be used by Couple Joy for any purpose, including improving or expanding the Platform.

User-Generated Content must adhere to the acceptable use policies of our service providers, including Amazon Web Services, Google Cloud, and Cloudflare. You must not upload content that includes, but is not limited to the following examples:

Violates intellectual property rights, privacy rights, or other legal protections.
Contains malicious software, spam, or other disruptive elements.
Is abusive, obscene, or otherwise inappropriate for the intended use of the Platform.

All content and materials provided by Couple Joy, including text, graphics, logos, icons, images, and software, are the exclusive property of Couple Joy and its licensors. These materials are protected by copyright, trademark, and other intellectual property laws. You are prohibited from copying, distributing, or creating derivative works from this content without express written permission from Couple Joy.

Couple Joy reserves the right to remove or restrict access to any User-Generated Content that violates these Terms or applicable laws, or that we deem inappropriate or harmful. This includes content that exceeds the limits of free accounts if a subscription is downgraded or lapses.

RESERVED RIGHTS.

We reserve the right to modify, update, or discontinue any part of the Platform or Services at any time without prior notice. This includes altering features, functionalities, subscription plans, pricing, and availability. While we strive to minimize disruptions, users acknowledge that changes to the Platform are necessary for its improvement and maintenance. Couple Joy retains the right to suspend, restrict, or terminate user accounts at its sole discretion. This may occur in cases of:

Violation of these Terms or applicable laws.
Misuse of the Platform, including fraudulent activity or abuse of services.
Prolonged inactivity as outlined in the Account Inactivity section. We also reserve the right to deny access to the Platform to any individual or entity, for any reason, and without liability.

We may monitor, review, and remove User-Generated Content that violates these Terms, infringes on intellectual property rights, or is deemed inappropriate. Additionally, content that exceeds the limits of a free account may be deleted if a user downgrades or allows their subscription to lapse. Removal of content will be conducted at our discretion and without notice.

We reserve the right to enforce these Terms as necessary to protect the Platform, its users, and our intellectual property. This includes taking legal action against individuals or entities that violate the Terms, disrupt the Platform, or infringe on the rights of Couple Joy or its users. Any feedback, suggestions, or ideas provided by users about the Platform are deemed non-confidential. Couple Joy reserves the right to use such feedback without obligation to compensate the user. This helps us improve and enhance the Platform’s offerings.

All rights, title, and interest in the Platform, including its design, features, functionalities, and proprietary content, remain exclusively with Couple Joy and its licensors. Users are prohibited from copying, distributing, or creating derivative works from any part of the Platform without express written permission.

We reserve the right to take necessary actions to comply with applicable laws, regulations, and legal processes. This may include cooperating with law enforcement or regulatory authorities when required.

USER OBLIGATIONS.

By accessing or using the Services, you agree to comply with all obligations outlined in these Terms. Your use of the Services is conditioned upon your adherence to the following requirements:

Lawful and Ethical Use: You agree to use the Services only for lawful purposes and in accordance with all applicable laws, regulations, and these Terms. You may not use the Services for any unlawful, fraudulent, or malicious activities, including but not limited to harassment, stalking, defamation, or identity theft. The Services must not be used to infringe upon the privacy, rights, or legal protections of others.
Personal Use: The Services are provided solely for your personal, non-commercial use. You are prohibited from reselling, distributing, or sharing information obtained through the Services with any third party without our prior written consent.
Accuracy of Information: You are responsible for providing accurate, current, and complete information when creating an account and throughout your use of the Services. Misrepresentation of your identity, purpose, or other relevant details is strictly prohibited and may result in the suspension or termination of your account.
Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. If you suspect unauthorized access to your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
Prohibition on Unauthorized Access: You may not attempt to gain unauthorized access to the Services, servers, or databases, nor may you interfere with or disrupt the operation of the platform. This includes but is not limited to using automated tools, bots, or scripts to access or extract data, reverse-engineering the platform, or deploying malware or other harmful software.
Compliance with Disclaimers and Limitations: You acknowledge and agree to abide by all disclaimers, warnings, and limitations provided within these Terms or on the platform. This includes understanding the inherent limitations of the data and the permissible uses of the Services.

Failure to adhere to these obligations constitutes a breach of these Terms and may result in the suspension or termination of your account, as well as potential legal action. By using the Services, you accept full responsibility for your actions and agree to indemnify us against any claims, damages, or liabilities arising from your misuse of the Services. You further acknowledge that you are solely responsible for ensuring that your use of the Services is lawful and compliant with all applicable laws.

RESTRICTIONS ON USE.

Your access to and use of the Services is subject to the following restrictions. By using the Services, you agree not to engage in any activity that violates these Terms or applicable laws, including but not limited to:

Unauthorized Access: You may not attempt to gain unauthorized access to the Services, servers, systems, or networks connected to the platform. This includes, but is not limited to, hacking, password mining, or any other means of circumventing security measures.
Automated Data Collection: The use of bots, scripts, crawlers, or other automated tools to scrape, extract, or harvest data from the Services is strictly prohibited. All data must be accessed manually through authorized methods provided by the platform.
Reverse Engineering: You may not attempt to decompile, reverse-engineer, disassemble, or otherwise manipulate the underlying code, algorithms, or architecture of the platform.
Disruption of Services: You may not engage in any activity that interferes with or disrupts the functionality or performance of the platform, including overloading servers, introducing malicious software, or engaging in denial-of-service attacks.
Impersonation and Misrepresentation: You may not impersonate any individual or entity or misrepresent your identity, intent, or affiliation when using the Services. Misuse of the platform to conduct fraudulent or deceptive activities is strictly prohibited.
Prohibited Content: You may not upload, post, or transmit any content through the Services that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Services. This includes but is not limited to data protection laws, privacy laws, and intellectual property laws.

Violating these restrictions may result in the suspension or termination of your account, denial of access to the Services, and potential legal action. We reserve the right to investigate suspected violations and take appropriate action, including reporting unlawful activities to law enforcement authorities.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless the operators of the Services, their affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your Use of the Services: Any misuse, unauthorized use, or illegal activity involving the Services or information obtained through the Services, including violations of these Terms or applicable laws.
Breach of Agreement: Your breach or violation of any provision of these Terms, including but not limited to representations, warranties, or obligations outlined herein.
Third-Party Claims: Any claims made by third parties arising from or related to your use of the Services, including claims alleging unauthorized access, misuse of information, or infringement of intellectual property, privacy, or other rights.
Account Security: Any unauthorized activity conducted through your account, whether by you or any person who accesses the Services using your credentials.

The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with the defense of such claims and refrain from entering into any settlement that imposes liability or obligations on the Indemnified Parties without their prior written consent.

This indemnification obligation survives the termination of your use of the Services or the expiration of these Terms. You acknowledge and agree that your indemnification obligations are intended to protect the Indemnified Parties from any harm or liability resulting from your actions or misuse of the Services.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUPLE JOY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "COUPLE JOY PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

YOUR USE OR INABILITY TO USE THE PLATFORM OR SERVICES: THIS INCLUDES SERVICE INTERRUPTIONS, ERRORS, OR OMISSIONS IN CONTENT, AND ANY RELIANCE YOU PLACE ON THE PLATFORM’S FEATURES OR FUNCTIONALITIES.
UNAUTHORIZED ACCESS OR ALTERATION OF YOUR DATA: WHETHER CAUSED BY A BREACH OF SECURITY, USER ERROR, OR FAILURE TO SECURE ACCOUNT CREDENTIALS.
THIRD-PARTY ACTIONS OR SERVICES: THIS INCLUDES BUT IS NOT LIMITED TO ISSUES ARISING FROM PAYMENT PROCESSING BY APPLE OR GOOGLE OR RELIANCE ON THIRD-PARTY LINKS OR CONTENT PROVIDED THROUGH THE PLATFORM.
USER-GENERATED CONTENT: ANY CLAIMS RELATED TO THE CONTENT UPLOADED, SHARED, OR OTHERWISE MADE AVAILABLE BY USERS ON THE PLATFORM, INCLUDING INTELLECTUAL PROPERTY VIOLATIONS, DEFAMATION, OR PRIVACY BREACHES.
TECHNICAL OR OPERATIONAL FAILURES: THIS INCLUDES DELAYS, INTERRUPTIONS, OR ERRORS DUE TO FORCE MAJEURE EVENTS, SYSTEM MAINTENANCE, OR TECHNICAL LIMITATIONS.

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COUPLE JOY PARTIES FOR ALL CLAIMS, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM EXCEED THE AMOUNT YOU HAVE PAID TO COUPLE JOY, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS, THE TOTAL LIABILITY OF THE COUPLE JOY PARTIES SHALL BE LIMITED TO $50 USD.

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COUPLE JOY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH CASES, THE LIMITATIONS OUTLINED ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. HOWEVER, IN ALL CIRCUMSTANCES, THE LIABILITY OF COUPLE JOY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON INFORMATION OR FUNCTIONALITY PROVIDED BY THE PLATFORM. COUPLE JOY SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENCES ARISING FROM SUCH DECISIONS OR ACTIONS.

PROHIBITED USES.

Users are required to adhere to specific standards of conduct to maintain the integrity and functionality of the Service. The following activities are strictly prohibited on the Service and constitute a violation of these Terms:

Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.
Infringement of Intellectual Property: Users are prohibited from posting, uploading, sharing, or otherwise distributing any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.
Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.
Misrepresentation and Impersonation: Users are forbidden from impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity. This also includes providing false or misleading information during the account creation or verification process.
Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.
Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
Bypassing Security Measures: Attempting to bypass any measures Alchemical may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.

Violations of these prohibited uses may lead to immediate termination of the user's account and legal action, where appropriate.

DATA PRIVACY.

Couple Joy is committed to protecting your personal information and ensuring your privacy while using our Platform and Services. We collect, process, and store your data in accordance with applicable laws and our Privacy Policy, which provides detailed information about the types of data we collect, how we use it, and your rights regarding your personal information.

By using our Platform, you consent to the collection and use of your data as outlined in our Privacy Policy. This includes information collected during registration, through your use of the Platform, and from interactions with our Services. We take appropriate measures to secure your data and maintain its confidentiality.

For more information, please refer to our full Privacy Policy, which is incorporated into these Terms by reference.

FORCE MAJEURE.

Neither party shall be held liable for any failure or delay in performing their obligations under these Terms and Conditions if such failure or delay is caused by events beyond their reasonable control, including but not limited to natural disasters, acts of government, pandemics, fire, flood, war, terrorism, labor strikes, technical failures, or any other unforeseen circumstances that prevent or hinder performance (a "Force Majeure Event").

In the event of a Force Majeure Event, the affected party shall promptly notify the other party of the nature and expected duration of the event. The performance of obligations under these Terms and Conditions will be suspended for the duration of the Force Majeure Event, and both parties will work together in good faith to mitigate any disruptions caused by such events.

If the Force Majeure Event continues for an extended period (e.g., 30 days or more), either party may terminate the affected services or agreements without liability to the other, provided that the other party is given notice of such termination.

THIRD PARTY LINKS.

The Services may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.

When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.

The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.

The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by the Company of those websites, their operators, or the content, products, or services contained or accessible through those websites. We reserve the right, at any time and without notice, to add to, change, update, or modify our Services, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.

INTELLECTUAL PROPERTY.

All intellectual property rights in and to the Couple Joy Platform, including but not limited to the design, features, functionalities, software, content, trademarks, trade names, logos, graphics, text, images, and other materials provided through the Platform (collectively, the "Intellectual Property"), are owned or licensed by Joyful Apps GmbH (“Couple Joy”) and are protected by copyright, trademark, and other intellectual property laws. You are prohibited from using the Intellectual Property in a way that:

Violates these Terms, applicable laws, or infringes on the intellectual property rights of Couple Joy or third parties.
Suggests an endorsement or partnership between you and Couple Joy without explicit written authorization.

Couple Joy retains all ownership rights, title, and interest in the Intellectual Property. These Terms do not grant you any ownership rights in or to the Platform, Services, or any Intellectual Property associated with Couple Joy. All rights not expressly granted under these Terms are reserved by Couple Joy. By creating, uploading, or sharing content on the Platform, you represent and warrant that you own or have the necessary rights, licenses, and permissions to use and share that content. You retain ownership of any User-Generated Content you create, but you grant Couple Joy a limited, non-exclusive, royalty-free, worldwide license to store, display, and use your content as necessary to provide the Services, as outlined in the Content section of these Terms.

Couple Joy takes the protection of its Intellectual Property seriously. Any unauthorized use, reproduction, or distribution of the Platform or its content may result in legal action.

DISPUTE RESOLUTION.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or the Services (each, a “Dispute”), you and Couple Joy agree to resolve the Dispute through the following process.

You agree to first attempt to resolve any Dispute informally by contacting us through the Contact Us section of these Terms. We will work in good faith to address your concerns and resolve the Dispute within 30 days of receiving your communication. If the Dispute cannot be resolved informally, the terms outlined below will apply.

If a Dispute cannot be resolved informally, you and Couple Joy agree to resolve the Dispute through binding arbitration, except as provided below. Arbitration is a more informal process than a lawsuit in court, using a neutral arbitrator instead of a judge or jury. Arbitration is intended to resolve disputes efficiently and fairly while minimizing costs.

Arbitration Process: The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the Swiss Chambers' Arbitration Institution (SCAI) or another mutually agreed-upon arbitration service. The arbitration will take place in Switzerland, unless you and Couple Joy agree to a different location.
Arbitration Costs: Each party will bear its own costs related to the arbitration, except that Couple Joy will pay any arbitration filing fees and arbitrator fees required under applicable law.
Arbitration Award: The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

You or Couple Joy may bring a lawsuit for:

Claims related to intellectual property rights or unauthorized use of the Platform or Services.
Claims that qualify for resolution in a small claims court, provided they are filed in a small claims court in the appropriate jurisdiction.

GOVERNING LAW.

These Terms and any disputes, claims, or controversies arising out of or related to your use of the Platform, Services, or these Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

By using the Platform, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Platform shall be brought exclusively in the courts located in Zurich, Switzerland, and you hereby consent to the personal jurisdiction of such courts. You further agree to waive any objections based on venue or inconvenience of the forum.

If you access or use the Platform from outside Switzerland, you are responsible for compliance with local laws, and your use of the Platform may be subject to additional legal requirements.

AMENDMENTS.

We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Services. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.

Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Services and services.
Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.

Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.

WAIVER.

The failure or delay of Alchemical in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Any waiver by Alchemical of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of Alchemical. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

No waiver by Alchemical of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Alchemical to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

HEADINGS.

The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.

Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.

Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.

SEVERABILITY.

In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

ENTIRE AGREEMENT.

These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between Alchemical and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

You acknowledge that you have not relied upon any representation, promise, or warranty made by Alchemical, except as expressly set forth in these Terms.

Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of Alchemical. No oral modifications or agreements shall be valid.

Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.

In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.

CONTACT US.

Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Services, or any of our products or services, please feel free to contact us through any of the following channels:

Email: [email protected]

Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.

Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.

No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.

Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.