Bardly Terms of Service

Last Updated: January 11, 2025

1. Acceptance of Terms

Welcome to Bardly. These Terms of Service ("Terms") govern your access to and use of the Bardly mobile application (the "App"), operated by EMCLG ("we," "our," or "us"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms within the App or through other reasonable means. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

2. Description of Service

Bardly is a writing habit application designed to inspire daily reflection through structured prompts. The App provides:

  • Three daily writing prompts (morning, afternoon, and evening)

  • A library of curated prompts covering various themes

  • Personal journal storage for your writings

  • Optional social features to share writings and connect with other users

  • Premium subscription features for enhanced functionality

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the App and that they have read and agree to these Terms on your behalf.

4. Account Registration

To access certain features of the App, you may need to sign in with your Apple ID. You are responsible for:

  • Maintaining the confidentiality of your account credentials

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscriptions and Payments

5.1 Free and Premium Tiers

Bardly offers both free and premium subscription tiers. Free users have access to core writing features. Premium subscribers receive additional features as described in the App.

5.2 Subscription Terms

Premium subscriptions are available at:

  • Monthly: $1.99 per month

  • Annual: $10.99 per year

Prices are in U.S. dollars and may vary by region. Prices are subject to change with notice.

5.3 Billing

All subscriptions are processed through Apple's App Store. By subscribing, you agree to Apple's terms and conditions for in-app purchases. Payment will be charged to your Apple ID account at confirmation of purchase.

5.4 Automatic Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same subscription rate.

5.5 Managing Subscriptions

You can manage or cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.

5.6 Refunds

Refund requests must be directed to Apple, as they handle all payment processing. We do not have the ability to process refunds directly.

6. User Content

6.1 Your Content

"User Content" refers to any text, writings, or other materials you create, upload, or share through the App. You retain full ownership of your User Content.

6.2 License Grant

By using the App, you grant us a limited, non-exclusive license to store, process, and display your User Content solely for the purpose of operating the App and providing its features. For content you choose to share publicly, you grant us and other users a license to view and interact with that content as enabled by the App's social features.

6.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

  • You own or have the necessary rights to your User Content

  • Your User Content does not violate the rights of any third party

  • Your User Content complies with these Terms and all applicable laws

6.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice. You may delete your own content at any time through the App.

7. Community Guidelines

When using Bardly's social features, you agree to:

  • Treat other users with respect and kindness

  • Share only content you have the right to share

  • Refrain from sharing content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

  • Not impersonate any person or entity

  • Not use the social features for spam, advertising, or solicitation

  • Not attempt to collect information about other users without their consent

  • Not share content that exploits or endangers minors

Violation of these guidelines may result in content removal, account suspension, or permanent termination.

8. Intellectual Property

8.1 Our Intellectual Property

The App, including its design, features, writing prompts, graphics, and all related intellectual property, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our written permission.

8.2 Trademarks

"Bardly" and any associated logos are trademarks of EMCLG. You may not use these trademarks without our prior written consent.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the App, you grant us the right to use such feedback without compensation or attribution to you.

9. Prohibited Uses

You agree not to:

  • Use the App for any illegal purpose or in violation of any laws

  • Attempt to gain unauthorized access to the App, other accounts, or related systems

  • Interfere with or disrupt the App's functionality or servers

  • Reverse engineer, decompile, or disassemble any part of the App

  • Use automated systems or software to extract data from the App

  • Transmit viruses, malware, or other harmful code

  • Circumvent any security features or access restrictions

  • Use the App in any way that could damage, disable, or impair its operation

  • Resell, sublicense, or commercialize the App or its content without authorization

10. Third-Party Services

The App uses third-party services, including Apple's CloudKit for data storage and synchronization. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party service providers.

11. Disclaimers

11.1 "As Is" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee

We do not warrant that:

  • The App will be uninterrupted, secure, or error-free

  • Any defects will be corrected

  • The App will meet your specific requirements

  • Your data will never be lost

11.3 Not Professional Advice

The writing prompts and content in the App are for personal reflection and creative purposes only. They do not constitute professional advice of any kind, including but not limited to medical, psychological, legal, or financial advice. If you need professional assistance, please consult a qualified professional.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless EMCLG and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

  • Your use of the App

  • Your User Content

  • Your violation of these Terms

  • Your violation of any rights of another party

14. Termination

14.1 By You

You may stop using the App at any time. To fully terminate your account, you may delete your account through the App settings or by contacting us.

14.2 By Us

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms or conduct that we believe is harmful to other users or to us.

14.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Oregon, United States of America, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue formal resolution in the courts of Oregon, United States of America.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Notices

We may provide notices to you through the App, via email, or by other reasonable means. You may contact us using the information below.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@bardlyapp.com

Developer: EMCLG