Terms of Service & Privacy Policy

1. Your Acceptance

1.1 This is an agreement between Journal Better, Inc. (“Reflection.app”) registered at 4023 Kennett Pike #50219, Wilmington, DE 19807 USA the owner and operator of Reflection.app (“Reflection.app”, the “App", “Site”, “Software”, or “Service”) and you, a user of the Service.

1.2 In order to use the Service, you must first agree to these Terms of Service (“Terms”) and Reflection.app’s Privacy Policy which are incorporated herein by reference. Your agreement will be confirmed by accepting these terms when prompted upon first sign in into the Service. If you do not accept these terms then please do not sign in, and if applicable close and delete the Software.

1.3 You affirm that you are over 18 years of age. If you are under 18 years of age, you are not permitted to use the Reflection.app Service.

2. Reflection.app Service

2.1 These apply to all users of the Reflection.app Service.

2.2 Subject to your compliance with these Terms, Reflection.app hereby grants you permission to use the Service, provided that:

(i) your use of the Service as permitted is solely for your personal, non-commercial use;(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Reflection.app’s prior written consent;(iii) you will not attempt to alter or modify any part of the Service; and(iv) you will comply with all applicable laws and regulations.

2.3 You acknowledge that from time to time the Service may be unavailable whilst we conduct maintenance and updates of the Application and the Service. We will endeavor to minimize such disruption. We do not guarantee that the Service will be available 24 hours a day, 7 days a week.

2.4 The Service may host information containing links to third party websites that are not owned or controlled by Reflection.app. Reflection.app has no control over and no responsibility for any third party websites. By using the Service, you expressly acknowledge and agree that Reflection.app shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Fees

Reflection.app reserves the right to charge fees for future updates and improvements to the Service. We will notify you of any charges and seek your agreement to them before they are applied.

4. Intellectual Property Rights

You acknowledge and agree that Reflection.app own or are licensors of all the legal rights and interests in and to the Application, except all User Content (as defined below), subject to copyright and other intellectual property rights under English and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.

5. User Content

5.1 The Service permits the creation of information, including but not limited to text, images, videos, location and other data submitted by you and other users ("User Content").

5.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing the content.

5.3 You retain all of your ownership rights in your User Content.

5.4 By submitting the User Content, you consent to Reflection.app to sharing non-personally identifying information, as covered in the Privacy Policy, with third-parties to assist in understanding usage patterns and for Service functionality.

5.5 The Service permits the creation and sharing of guided journaling content that are available in the app and shared on our site ("User Submitted Guides").

In connection with User Submitted Guides, you further agree that you will not:(i) submit material that is copyrighted or subject to third party rights, including privacy rights;(ii) publish falsehoods or misrepresentations that could damage Reflection.app or any third party;(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive;(iv) impersonate another person;(v) send or store material containing software viruses or other malware;(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or(vii) attempt to gain unauthorized access to the Service or its related systems or networks or (viii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (ix) that violate any law.

Licenses. In order to display your User Submitted Guides on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submitted Guides (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submitted Guides that are also your personally-identifiable information.

For all User Submissions, you hereby grant Reflection.app a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submitted Guides is not affected.

If you share a User Submitted Guides publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then you grant Reflection.app the licenses above, as well as a license to display, perform, and distribute your User Submitted Guides for the purpose of making that User Submitted Guides accessible to all Reflection.app users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that User Submitted Guides in connection with the Services and/or otherwise in connection with Reflection.app's business. Also, you grant all other users of the Services a license to access that User Submitted Guides, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Insight Timer account or request it's removal, we will stop displaying your User Submitted Guides to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Reflection.app, and others user's private entry records, and that your User Submitted Guides may remain viewable elsewhere to the extent that they were copied or stored by other users or as part of our past marketing.

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Reflection.app to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that Reflection.app, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submitted Guides to conform and adapt those User Submitted Guides to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To report potentially infringing content, email us.

‍

5.6 Reflection.app reserves the right to discontinue any aspect of the Service at any time, for example, due to a security breach or your breach of these Terms.

6. Warranty Disclaimer

Use of the Reflection.app service shall be at your own risk. To the fullest extent permitted by law, Reflection.app, its officers, directors, employees, and agents make no express warranties and disclaim all implied warranties, in connection with the service and your use thereof. Reflection.app makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption of transmission to or from our service, (iv) any viruses or malware which may be transmitted to or through our service through the actions of any third party, or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service. Reflection.app does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through the service.

7. Limitation of Liability

In no event shall Reflection.app, its officers, directors, employees, and agents, be liable to you for any direct, indirect, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, or any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (ii) any interruption of transmission to or from our servers, (iii) any viruses or malware which may be transmitted to or through our service by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available.

8. Indemnity

You agree to indemnify Reflection.app, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.

9. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Reflection.app without restriction.

10. Governing Law

This Agreement and your use of the Service shall be governed and construed in accordance with the laws of the state of Delaware and the federal laws of the United States applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction.

Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the United States in the state of Delaware. You agree not to bring any legal action against Reflection.app in any jurisdiction except the state of Delaware and you shall submit and consent to such jurisdiction.

11. General

This Agreement and the Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any discrepancy between this Agreement and the Privacy Policy, this Agreement shall govern and control. Any waiver of any provision of the Agreement will be effective only if in writing and signed by Reflection.app. If any provision of this Agreement shall be deemed unlawful, invalid, or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Reflection.app other than that of independent contractors.

12. Changes in Terms and Conditions

We reserve the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, the Account of any other User or any third party. We reserve the right to modify this Agreement from time to time without notice. Please review this Agreement from time to time so that you will be apprised of any changes.

Site Information Collection and Use.

When you enter the Site, we collect information with respect to your browser type and IP address. Additionally, Reflection.app also stores certain information from your browser using cookies (all information collected automatically through interaction with the Site is hereafter referred to as "Site Information"). Cookies are pieces of data stored on the User's computer and contain information about that User. Many major browsers are initially set up to accept cookies. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on the Site.Site Information is collected for statistical purposes and to better serve our users. Our cookies are used to store session data and to help with the usability of our Site. We monitor the Site and analyze traffic patterns to help us with our research and development and create a better experience for you on the Site. Reflection.app may also keep track of whether external links presented on the Site are followed. We do not link IP addresses to Personal Information nor do we distribute or share IP information with any third party.

Personal Information Collection and Use.

Reflection.app collects and uses your Personal Information primarily for the purpose of providing you with the Service. Your Personal Information is also used to communicate with you about your Account and to provide you with information related to other products and services. Users can update their email preferences directly from the Site on their Account page. Reflection.app may also contact you from time to time to conduct market research and surveys in an effort to continually improve our product and service offerings.

We do not sell or rent any personally identifiable Registration Data to third parties without your explicit consent. Unless you specifically authorize us to release such information, or release is required or permitted by law, we will not exchange, sell, lease, trade or otherwise give away such information to other third parties.

Personal Information of Minors.

We do not knowingly solicit data from or market to children under 18 years of age. By using our services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at hello@reflection.app.

Opting Out or Updating Personal Information.

You may opt-out of specific communication, inform us of your preferences, or update your personal information through the Site. If you want us to delete your Personal Information and your Account, please contact us at hello@reflection.app with your request. We will start the process to delete your information in a reasonable time.

Privacy of User Content.

Reflection.app is committed to protecting your privacy and the privacy and security of your User Content. Reflection.app offers a secure server for User Content created within the Site. Although we take measures to ensure the privacy and security of your User Content, we cannot guarantee its absolute privacy and security, as no privacy or security measures are perfect or impenetrable. We cannot control the actions of other users whom you have shared any Personal Information or Account information with, and therefore we do not guarantee that unauthorized individuals will not obtain access to your private User Content or Personal Information. We are also not responsible for any circumvention of our privacy or security systems. Users are encouraged to take care and precaution with regard to their login and authentication preferences. Any unauthorized reading or sharing of User Content is forbidden by Reflection.app and Reflection.app Employees. Doing so would violate this Privacy Policy and the ethos of our Company and Service.

If you use our AI feature we will send the entry or journal you’ve queried to our AI Partners servers. We do not send any other information than the text relevant to your query. There is no way for our AI Partners to associate that text with your account. 

Currently we use OpenAI and Google Gemini as our AI Partners. When using their paid API services, as Reflection does, they do not train their models on user submitted data. Their privacy policies can be viewed at openai.com/privacy and https://policies.google.com/privacy.

‍

Third-Party Account Authentication.

Reflection.app allows You to create an account and log in to use the Service through the following Third-party Services: Google, Apple.

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Third-Party Payment Processing.

We may sell subscriptions or merchandise through our Services. When you make purchases through the Services, we may process your payments through a third party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”), and other third-party payment processors, including Stripe. The third party application may collect certain financial information from you to process a payment on behalf of Reflection.app, including your name, email address, address and other billing information.

Disclosure of Personal Information As Required By Law.

We will disclose personal information when required by law, or if we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.  

Business Transitions.

In the event Reflection.app goes through a business transition, such as a merger, acquisition by another company or sale of a portion of its assets, our users' personal information may be part of the assets transferred. Users will be notified of a change of ownership or control of their personal information via notice on the Site. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with the section of this Policy on Opting Out.

Notification of Changes.

This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we will also send you notice to the last email address you have provided to us. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.