Terms of Service

Effective Date: September 16, 2025

Welcome to Murmur Journal! These Terms of Service (“Terms”) are a legal agreement between you (“you,” “your,” “user”) and Stir Creative Agency (“we,” “us,” “our”) regarding your access to and use of the Murmur Journal mobile application (“App”) and related features.

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, you may not use the App.

1. Definitions

  • “App” means the Murmur Journal mobile application.
  • “User Content” means journal entries, photos, audio, video, or other material you create or upload through the App.
  • “AI Features” means optional artificial intelligence-powered tools provided through third-party services (e.g., OpenAI).
  • “Personal Data” means information that identifies or could reasonably identify an individual.

2. Eligibility

  • You must be at least 13 years old to use the App.
  • If you are between 13 and 18, you may only use the App under the supervision of a parent or guardian.
  • By using the App, you represent that you are legally capable of entering into a binding agreement.

3. License & Ownership

License to You. We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on your personal device for personal, non-commercial use.

Ownership. The App, including its software, designs, text, graphics, and trademarks, is owned by us or our licensors. All rights not expressly granted are reserved.

Restrictions. You may not copy, modify, reverse-engineer, distribute, or create derivative works of the App without our prior written consent.

4. User Content

Local Storage. User Content is stored locally on your device by default. We do not access, monitor, or control your entries.

Responsibility. You are solely responsible for your User Content and for maintaining backups.

Prohibited Content. You agree not to create, upload, or share (if exporting/sharing) content that is unlawful, defamatory, obscene, abusive, or infringes intellectual property rights.

5. Paid Features

Current Use. The App is free to use at this time.

Future Features. We may introduce subscriptions, in-app purchases, or paid upgrades. Prices, payment terms, and refund policies will be presented to you at the time of purchase.

App Store Rules. Purchases made through the Apple App Store are governed by Apple’s payment terms.

6. AI Features

Third-Party Processing. If you use AI Features, portions of your User Content may be transmitted to third-party service providers (e.g., OpenAI) for processing.

Personal Data. This content may include Personal Data you choose to submit. While masking may occur, data could still identify you.

Output Disclaimer. AI outputs may be inaccurate, biased, incomplete, or inappropriate. You use them at your own risk.

No Advice. AI Features are for personal reflection and entertainment only. They are not medical, psychological, legal, or professional advice. Do not rely on them for health or safety decisions.

7. Prohibited Uses

You agree not to:

  • Interfere with or disrupt the App or servers.
  • Circumvent security or technical measures.
  • Use the App in violation of laws or regulations.
  • Submit malicious code, viruses, or harmful material.
  • Use AI Features to create harmful, abusive, or unlawful material.

8. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and without prior notice.

You may stop using the App at any time by uninstalling it.

9. Intellectual Property Complaints (DMCA)

If you believe your intellectual property rights have been infringed through the App, please contact us at murmurjournaling@gmail.com with:

  • Your contact information
  • Identification of the copyrighted work or trademark claimed to be infringed
  • A statement under penalty of perjury that you are authorized to act on behalf of the owner

We comply with the Digital Millennium Copyright Act (DMCA) and may remove allegedly infringing material.

10. Export & Legal Compliance

You agree not to use the App in violation of U.S. export control laws or in any country subject to U.S. embargo or sanctions.

11. Disclaimers

As-Is. The App is provided “as is” and “as available” without warranties of any kind, express or implied.

No Guarantee. We do not warrant that the App will be secure, error-free, or available at all times.

AI Limitations. We do not guarantee the reliability, accuracy, or safety of AI outputs.

12. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability to you for any claims arising from the App shall not exceed $100.
  • We will not be liable for indirect, incidental, consequential, or punitive damages, including loss of data or profits.

13. Indemnification

You agree to indemnify, defend, and hold harmless Stir Creative Agency, its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from your use of the App, your User Content, or your violation of these Terms.

14. Governing Law & Dispute Resolution

Governing Law. These Terms are governed by the laws of California, USA, without regard to conflict-of-law rules.

Arbitration. Any dispute will be resolved through binding arbitration under the rules of the American Arbitration Association, held in California.

Class Action Waiver. You agree to bring claims only in your individual capacity and not as part of a class action or collective proceeding.

15. Changes to These Terms

We may update these Terms at any time. If we make material changes, we will update the “Effective Date” or notify you within the App. Continued use after changes are posted constitutes acceptance.

16. Contact Us

For questions about these Terms, contact us at:

📧 murmurjournaling@gmail.com