DaVibe Terms of Service

About DaVibe

DaVibe is a privacy-focused mood dropping app developed by CRISPPIE STUDIO OÜ, an indie studio based in Estonia.

Acceptance of Terms

By downloading, installing, or using DaVibe, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use the app and uninstall it from your device.

These terms apply to all users of DaVibe, regardless of age, location, or method of access. These terms govern your use of DaVibe for mood dropping and creating shareable content.

Description of DaVibe

DaVibe provides the following features:

Free Features:

• 2 mood drops per day (8 mood categories with optional word/phrase)
• Calendar view for the current month
• Weekly Mini-Wrapped reveal experience
• Plain share card style (light/dark)
• Plain emoji pack
• Light/dark theme

Premium Features:

• 5 mood drops per day
• Monthly Deep-Dive reveal with Emotional Archetype
• Cozy Mascots Pack. Includes Cozy Cat (Crisp) and Cozy Penguin (Pie) emoji packs, matching card stickers, and custom fonts (Catography and Penguinography)
• All card styles (Plain, Cozy Cat, Cozy Penguin)
• Full calendar history navigation
• Data export and import (JSON)
• Google Drive cloud backup and restore
• No subscription or recurring charges
• Refunds subject to Google Play Store policy
• Purchase tied to your Google Play account

Free Milestone Reward. Warm Cookie Pack:

Reach 14 active days and 28 total drops to unlock the Warm Cookie emoji pack, matching card stickers, and Loveography font at no cost. This is a free reward for consistent use and is entirely separate from Premium.

Third-Party Services

Google Play Services:

• Subject to Google's separate terms and policies
• In-app purchase processing
• Anonymous crash reporting
• App distribution and updates

Pixabay Audio Content:

• Notification sounds sourced from Pixabay
• Licensed under Pixabay Content License for app use only
• You may not extract or use these sounds outside the app

Google Fonts:

• Outfit and Playfair Display fonts via Google Fonts
• Subject to Google Fonts terms of service

Google Sign-In & Drive API (Premium):

• Used only when you explicitly enable Google Drive backup and restore
• Subject to Google's terms of service and privacy policy
• DaVibe uses the drive.file scope. It can only access files it created
• You can disconnect at any time

License to Use DaVibe

We grant you a limited, non-exclusive, non-transferable, revocable license to use DaVibe for personal mood dropping purposes. You may not:

• Reverse engineer, decompile, or disassemble the app
• Distribute, sell, sublicense, or transfer the app to others
• Use the app in violation of applicable laws or regulations
• Remove, modify, or obscure any copyright notices or branding
• Extract, redistribute, or commercially use any icon pack artwork or card designs

Age Requirements

DaVibe is intended for users aged 18 and older.

By using DaVibe, you represent and warrant that you are at least 18 years old.

User Responsibilities and Acceptable Use

Your Responsibilities:

• Secure your device with appropriate locks and passwords
• Keep your device operating system updated for security
• Report bugs and issues responsibly through proper channels
• Comply with all applicable laws when using the app

Shared Content:

When you use DaVibe's share features to post mood cards on social media or other platforms:

• You are solely responsible for the content you share publicly
• You must comply with the terms of the platform you share to
• CRISPPIE STUDIO OÜ is not responsible for how shared content is received or used by others

Prohibited Uses:

You may not use DaVibe to:

• Create or distribute content that is illegal, harmful, or threatening
• Harass, abuse, or harm others through shared content
• Misrepresent shared cards as created by someone else
• Introduce malware, viruses, or malicious code
• Attempt to circumvent premium feature restrictions

Data Storage and Your Responsibility

Critical Notice:

DaVibe stores all your mood drops, wraps, and preferences locally on your device by default.

Our Limitations:

• We cannot access, backup, or recover your mood data
• We are not responsible for data loss due to device issues
• Uninstalling the app will delete all local mood data
• App glitches, app updates, device compatibility, device resets, or hardware failures may cause data loss

Your Responsibility:

• You are solely responsible for securing your mood history
• We strongly recommend purchasing premium and using Backup and or Export to keep your history safe

Disclaimers and Warranties

DaVibe is provided "AS IS" without any warranties, including:

• Warranties regarding data recovery or mood history preservation
• Warranties that the app will always preserve all your mood data
• Warranties that reminders and notifications will always function
• Warranties of merchantability or fitness for therapeutic or clinical purposes
• Warranties that the app will be error-free, secure, or uninterrupted

We specifically disclaim:

• Any liability for missed reminders or notification failures
• Any responsibility for lost mood data due to technical issues
• Any guarantee of continuous app availability or functionality
• Any warranty that the app will meet your specific requirements
• Any liability for emotional interpretations derived from mood patterns, archetypes, or wrap summaries

Limitation of Liability

To the fullest extent permitted by Estonian law:

Maximum Liability: Our total liability for any claims arising from your use of DaVibe shall not exceed €10 EUR. This protects our indie studio from large damage claims while ensuring we remain accountable for our products and services.

Excluded Damages:

We shall not be liable for:

• Lost mood data or emotional distress from data loss
• Notification failures or missed reminders
• Business interruption or any form of interruption from the app's notifications
• Indirect or consequential damages of any kind
• Privacy breaches from device security issues
• Technical issues beyond our reasonable control
• Issues arising from Google Drive backup/restore operations
• Any damages exceeding €10 EUR

Why This Protection is Necessary: As an indie studio, our resources are limited compared to large corporations. This limitation of liability is essential for our ability to provide DaVibe as an affordable product while remaining responsible developers.

Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical infrastructure failures.

Indemnification

You agree to indemnify and hold harmless CRISPPIE STUDIO OÜ from any claims, damages, or expenses arising from:

• Your use of DaVibe in violation of these terms
• Your violation of applicable laws while using the app
• Content you create, share, or distribute using the app
• Your failure to secure your device appropriately

Intellectual Property Rights

Our Rights:

• DaVibe app, design, code, icons, emojis, card designs, archetypes, artwork and branding are owned by CRISPPIE STUDIO OÜ
• Protected by copyright, trademark, and other intellectual property laws
• All rights not expressly granted to you are reserved

Your Rights:

• You retain ownership of your mood entries and word content
• You may share generated card images on social media with DaVibe branding intact
• Your mood data remains private and under your control

International Use and Governing Law

Governing Law:

These terms are governed by the laws of Estonia, without regard to conflict of law principles.

Jurisdiction:

Any disputes arising from these terms or your use of DaVibe shall be subject to the exclusive jurisdiction of Estonian courts.

International Users:

Users outside Estonia acknowledge that:

• Estonian law governs regardless of your location
• Some features may not be available in all countries
• You are responsible for compliance with local laws

Dispute Resolution

Informal Resolution: Before filing any formal claim, please contact us through our social media to attempt resolution.

Estonian Law: Any legal disputes will be resolved under Estonian jurisdiction and law.

Severability

If any provision of these terms is found unenforceable, the remaining provisions will continue in full force and effect.

App Updates and Changes

Modifications:

• We may update DaVibe to add features, fix bugs, or improve performance
• We may modify or discontinue features with reasonable notice when possible
• Continued use after updates constitutes acceptance of changes

These Terms:

• We may update these terms as needed for legal or business reasons
• Material changes will be communicated through the app or app store
• Continued use after changes constitutes acceptance of new terms

Acknowledgment

By using DaVibe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy.

Contact Information

If you have questions about these Terms of Service or DaVibe, please contact us through:

• Our Google Play Store developer page
• Our social media channels listed on our website