🧸 Dear Beary Terms of Service

Acceptance of Terms

By downloading, installing, or using Dear Beary, 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 Dear Beary, regardless of age, location, or method of access. These terms govern your use of Dear Beary for capturing, organizing, and managing your personal memories.

Description of Dear Beary

Dear Beary provides the following features:

Free Features:

• Text-based memory storage (with limit on memories)
• Memory search and organization
• Reminder notifications for memories
• Multiple notification sounds
• Light/dark theme options
• Basic memory management (edit, delete, restore)
• Bear-themed interface: Including optional bear roar notification sound

Premium Features (Bear Necessities Pack):

• Unlimited memory storage
• Backup and restore functionality
• No subscription or recurring charges
• One-time purchase with lifetime access to premium features
• Refunds subject to Google Play Store policy
• Purchase tied to your Google Play account and function accordingly

Third-Party Content 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 Universfield on Pixabay
• Licensed under Pixabay Content License for app use only
• You may not extract or use these sounds outside the app
• Credit: Universfield (Ukrainian audio project)

License to Use Dear Beary

We grant you a limited, non-exclusive, non-transferable, revocable license to use Dear Beary for memory keeping 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

Age Requirements

Dear Beary is intended for users aged 18 and older.

By using Dear Beary, 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

Prohibited Content:

You may not create, store, or share through the app any content that:

• Is illegal, harmful, threatening, or promotes violence
• Contains hate speech, harassment, or discrimination
• Violates intellectual property rights of others
• Contains malware, viruses, or malicious code
• Is intended to harm minors in any way

Data Storage and Your Responsibility

Critical Notice:

Dear Beary stores all your memories locally on your device only.

Our Limitations:

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

Your Responsibility:

• You are solely responsible for securing your important memories
• We strongly recommend purchasing premium features, regularly backing important memories and keeping your backup files safe

Disclaimers and Warranties

Dear Beary is provided "AS IS" without any warranties, including:

• Warranties regarding data recovery or memory preservation
• Warranties that the app will always preserve all your memories
• Warranties that reminders and notifications will always function
• Warranties of merchantability or fitness for therapeutic 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 memories due to technical issues
• Any guarantee of continuous app availability or functionality
• Any warranty that the app will meet your specific requirements

Limitation of Liability

To the fullest extent permitted by Estonian law:

Maximum Liability: Our total liability for any claims arising from your use of Dear Beary 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 memories or emotional distress from data loss
• Notification failures or missed reminders resulting in forgotten events or appointments
• 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
• 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 Dear Beary 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 Dear Beary in violation of these terms
• Your violation of applicable laws while using the app
• Content you create or store in the app
• Your failure to secure your device appropriately

Intellectual Property Rights

Our Rights:

• Dear Beary app, design, code, 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 memory content
• Your memories remain 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 Dear Beary 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 Dear Beary 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 Dear Beary, 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 this Terms of Service or Dear Beary, please contact us through:

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