Terms of Service for InkHeart

Last Updated: October 28, 2024

1. Acceptance of Terms

Welcome to InkHeart! By accessing or using the InkHeart mobile application ("App," "Service," or "InkHeart"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and InkHeart ("we," "us," or "our").

2. Description of Service

InkHeart is a mobile reading application that provides access to novels and fiction content. Users can:

• Read books and chapters
• Unlock premium content using in-app coins or subscriptions
• Subscribe to membership plans for unlimited access
• Track reading progress and manage their library

3. Eligibility

Age Requirements

• You must be at least 13 years old to use InkHeart.
• Users between 13-17 must have parental or guardian consent.
• By using the App, you represent that you meet these age requirements.

Account Registration

• You may use InkHeart anonymously or create an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate and current information.
• You are responsible for all activities under your account.

4. User Conduct

Acceptable Use

You agree to use InkHeart only for lawful purposes and in accordance with these Terms.

Prohibited Activities

You may NOT:
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or viruses
• Attempt to reverse engineer or hack the App
• Use automated systems (bots, scrapers) to access the Service
• Share or resell your account access
• Circumvent payment systems or unlock mechanisms
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect or harvest user data without permission

5. Content and Intellectual Property

Our Content

All content provided through InkHeart, including but not limited to:
• Books, novels, and stories
• Text, images, graphics, logos
• Software, code, and features
• Trademarks and branding

is owned by InkHeart or our content licensors and is protected by copyright, trademark, and other intellectual property laws.

License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:
• Access and read content for personal, non-commercial use
• Use the App's features as intended

You may NOT:

• Copy, reproduce, or redistribute content
• Create derivative works from our content
• Remove copyright or proprietary notices
• Use content for commercial purposes
• Share unlocked content with non-subscribers

User-Generated Content

If we add user-generated content features in the future:
• You retain ownership of content you submit
• You grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content
• You represent that you have rights to submit the content
• We reserve the right to remove any content at our discretion

6. Purchases and Subscriptions

Virtual Currency (Coins)

• Coins are virtual currency used to unlock chapters
• Coins have no cash value and cannot be redeemed for money
• Coins are non-refundable once purchased
• Unused coins do not expire but have no monetary value
• We reserve the right to adjust coin prices at any time

Subscriptions

We offer three membership tiers:
• Bronze: Unlimited reading access for $4.99/month
• Silver: Unlimited reading + early access for $9.99/month
• Gold: Unlimited reading + early access + exclusive content for $14.99/month

Subscription Terms

• Subscriptions automatically renew unless canceled
• You will be charged within 24 hours before the current period ends
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months
• Prices may change with 30 days notice to existing subscribers

Payment Processing

• Payments are processed through Apple App Store or Google Play Store
• You agree to their respective terms and conditions
• All billing disputes must be directed to Apple/Google

Cancellation

• You can cancel subscriptions anytime through App Store/Play Store settings
• Cancellation does not entitle you to a refund for the current period
• After cancellation, you retain access until the end of the billing period

Refund Policy

• All sales are final unless required by law
• Refund requests are handled by Apple/Google per their policies
• We do not have direct control over refunds
• For assistance, contact us at support@inkheart.app

7. Free Content and Trials

• Chapters 1-3 of each book are free to all users
• Promotional free content may be offered at our discretion
• Free trials (if offered) are available once per user
• Free trial eligibility is determined by Apple/Google

8. Account Termination

By You

• You may delete your account at any time through App settings
• Deleting your account does not automatically cancel subscriptions
• You must cancel subscriptions separately through App Store/Play Store

By Us

We may suspend or terminate your account if you:
• Violate these Terms
• Engage in fraudulent activity
• Abuse the Service or other users
• Fail to pay for services
• Use the App in a manner harmful to our business

Effects of Termination

• You lose access to unlocked content and account data
• Unused coins are forfeited
• Active subscriptions continue until the end of the billing period
• We are not liable for any losses resulting from termination

9. Disclaimers and Limitations of Liability

Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• Warranties of merchantability or fitness for a particular purpose
• Guarantees of uninterrupted or error-free service
• Accuracy or reliability of content
• Security of data transmission

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE PAST 12 MONTHS
• WE ARE NOT RESPONSIBLE FOR LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES

Third-Party Services

• We are not responsible for third-party services (Apple, Google, payment processors)
• Third-party terms and policies apply to their services
• Links to third-party websites are provided for convenience only

10. Indemnification

You agree to indemnify and hold harmless InkHeart and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or conduct

11. Content Updates and Availability

Content Changes

• We may add, modify, or remove content at any time
• Books may be removed due to licensing agreements
• We will provide reasonable notice when possible
• Removed content does not entitle you to refunds

Service Availability

• We strive for 99.9% uptime but do not guarantee continuous availability
• Scheduled maintenance will be announced when possible
• We are not liable for service interruptions

12. Privacy and Data Protection

Your privacy is important to us. Our [Privacy Policy](./PRIVACY_POLICY.md) explains:

• What data we collect
• How we use your data
• Your privacy rights
• How to contact us about privacy concerns

By using InkHeart, you also agree to our Privacy Policy.

13. Digital Millennium Copyright Act (DMCA)

If you believe content in InkHeart infringes your copyright:

Copyright Agent Contact: Email: dmca@inkheart.app Address: [Your Company Address]

Your notice must include:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury
• Your physical or electronic signature

14. Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law provisions.

Arbitration Agreement

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except:
• Small claims court disputes
• Intellectual property disputes
• Injunctive relief matters

Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or collective proceeding.

Exceptions

The arbitration requirement does not apply to disputes that may be brought in small claims court or matters requiring injunctive relief.

15. Changes to Terms

We may modify these Terms at any time. Changes will be effective:

• Upon posting in the App
• After email notification (for material changes)
• 30 days after notice (for subscription-related changes)

Your continued use after changes constitutes acceptance of the new Terms.

16. General Provisions

Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and InkHeart.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control.

Contact Information

For questions, concerns, or notices under these Terms:

Email: support@inkheart.app Legal: legal@inkheart.app Address: [Your Company Name and Address]

17. Acknowledgment

BY USING INKHEART, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

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Note to Developer: 1. Replace all placeholder email addresses and company information 2. Specify your governing law jurisdiction (state/country) 3. Consider having a lawyer review, especially the arbitration clause 4. Host this on a public URL (e.g., https://inkheart.app/terms) 5. Update the "Last Updated" date when you publish 6. Some jurisdictions may not allow certain disclaimers - consult local legal requirements