Terms of Service

Please read these Terms of Service ("Terms") carefully before using the ThoughtCatcher mobile application (the "Service") operated by Upbrew Technologies ("us," "we," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

1. Acceptance of Terms

By creating an account or using ThoughtCatcher, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

ThoughtCatcher is a personal thought journal application that allows you to:

• Capture thoughts using text or voice input
• Organize thoughts with tags and ThoughtBoxes
• Search your thoughts using AI-powered natural language search
• Generate AI insights and memory recaps
• Secure your thoughts with PIN and biometric authentication

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password and any authentication methods you use to access the Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in behavior that we determine to be harmful to the Service or other users.

4. User Content

4.1 Ownership

You retain all ownership rights to the content you create and store in ThoughtCatcher ("User Content"). We do not claim ownership of your thoughts, notes, or any other content you create.

4.2 License Grant

By using the Service, you grant us a limited, non-exclusive license to access, store, and process your User Content solely for the purpose of providing and improving the Service. This includes using your content to power AI features such as search, insights, and recaps.

4.3 Content Restrictions

You agree not to use the Service to store or transmit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights
• Contains viruses, malware, or any other harmful code
• Violates any applicable local, state, national, or international law

4.4 Content Responsibility

You are solely responsible for your User Content. We do not actively monitor User Content but reserve the right to remove content that violates these Terms.

5. Subscriptions and Payments

5.1 Free and Paid Features

ThoughtCatcher offers both free and paid subscription features. The free tier includes basic functionality, while the Pro subscription unlocks additional features including AI-powered search, Memory Recaps, Brain Rewind, and automatic AI insights.

5.2 Billing

Subscriptions are billed through Google Play Store or Apple App Store. By subscribing, you agree to the payment terms presented at the time of purchase. Prices are subject to change with notice.

5.3 Automatic Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions through your device's app store account settings.

5.4 Refunds

Refund requests are handled according to Google Play or Apple App Store policies. We do not directly process refunds for purchases made through the app stores.

5.5 Free Trial

We may offer free trial periods for Pro features. At the end of the trial, you will be automatically charged unless you cancel before the trial ends.

6. Intellectual Property

6.1 Our Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Upbrew Technologies. The Service is protected by copyright, trademark, and other intellectual property laws.

6.2 Feedback

If you provide us with feedback or suggestions regarding the Service, you grant us the right to use such feedback without restriction or compensation to you.

7. Third-Party Services

The Service may contain links to or integrate with third-party services (such as Google Sign-In, Apple Sign-In). We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

8. Disclaimers

8.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantee

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

8.3 AI Features

AI-powered features such as search, insights, and recaps are provided for convenience and may not always produce accurate or relevant results. You should not rely solely on AI-generated content for important decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPBREW TECHNOLOGIES, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

10. Indemnification

You agree to defend, indemnify, and hold harmless Upbrew Technologies and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Kochi, Kerala, India.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14. Entire Agreement

These Terms constitute the entire agreement between you and Upbrew Technologies regarding the Service and supersede all prior agreements and understandings.

15. Contact Us

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

• Email: support@thethoughtcatcher.com
• Website: thethoughtcatcher.com

Summary of Key Points

• You own your content; we need a license to provide the Service.
• Don't use the Service for illegal or harmful purposes.
• Subscriptions auto-renew unless canceled 24 hours before renewal.
• AI features are helpful but not guaranteed to be accurate.
• We're not liable for indirect damages or data loss.
• These Terms may change with notice.