Terms of Use

The agreement

We grant you a personal, non-exclusive, non-transferable, revocable licence to use Listening on devices you own or control, for your own private journaling. You may not resell it, sublicense it, or use it on behalf of anyone else.

You must be at least 13, and old enough to enter a contract where you live. In parts of the European Economic Area the minimum age for consenting to a service like this is higher — up to 16 — and where that is the case, that age applies to you instead.

Not a medical or mental-health service

Your account

You're responsible for your account and for keeping access to your email secure, since that is how accounts are recovered. Tell us promptly if you think someone else has access. One account per person; don't share it.

Your content

Your entries are yours. We claim no ownership of anything you write or record.

You grant us only the licence we need to run the service for you: to store your entries, process them to extract structured values, compute statistics across them, and show them back to you. That licence exists so the product can function, ends when you delete the content or your account, and covers nothing else. We do not use your entries to train machine-learning models, and we do not publish, share, or sell them. See the Privacy Policy for the detail.

You're responsible for what you write, including having the right to record anything you record.

Acceptable use

Don't:

• Break the law with it, or use it to harm someone.
• Attack, overload, probe, or reverse-engineer the service, or try to reach data that isn't yours.
• Use automated means to bulk-extract from the service, or resell access to it.
• Upload malware, or anything you have no right to upload.

Subscriptions and billing

Writing, voice, extraction, check-ins, the factors board, and export are free, permanently. The paid subscription covers the analysis side: statistical testing, findings, and n-of-1 experiments. New accounts get a 14-day full trial.

• Payment is handled by Apple through your Apple Account, under Apple's terms. We never see your payment details.
• Renewal is automatic at the end of each period unless you cancel at least 24 hours before it ends. Apple charges the renewal within 24 hours of the period ending.
• Cancel any time in iPhone Settings → your name → Subscriptions → Listening. Cancelling stops the next renewal; the current period runs out. We cannot cancel on your behalf.
• Refunds are Apple's to give, at reportaproblem.apple.com. We cannot issue them.
• Price changes take effect only after we tell you and you accept, in line with Apple's rules.

If a subscription lapses, nothing is deleted. Capture keeps working, your entries stay yours, export stays free, and your findings return if you resubscribe.

Availability and changes

We'll try to keep Listening running and reliable, but we don't promise uninterrupted service. We may change or discontinue features. If we make a change that materially reduces what a paid subscription gives you, we'll tell you beforehand, and you can cancel and ask Apple for a refund of the unused period.

If we ever shut the service down, we'll give you at least 30 days' notice and keep export working throughout, so you can take your entries with you.

Ending it

You can delete your account at any time in Settings → Account → Delete account. It removes your entries, every derived value, and the account itself, and cannot be undone.

We may suspend or close an account that breaks these terms, or where we're legally required to. Unless the law prevents it, we'll tell you first and give you a chance to export.

Disclaimers

Listening is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Automated extraction is imperfect: the app can read a sentence wrong. That is why every extracted value shows the words it came from and can be corrected in one tap. We don't warrant that extractions, statistics, or findings are accurate or complete, and you shouldn't rely on them as fact.

Some jurisdictions don't allow these exclusions, in which case they don't apply to you.

Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or decisions you made based on anything the app showed you.

Our total liability for any claim relating to Listening is limited to the greater of the amount you paid us in the 12 months before the claim, or CAD $50.

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

If you got the app from Apple

Apple requires every app sold through the App Store to say the following, and we would rather set it out plainly than bury it. It applies only to the iPhone app, not to the website.

• This agreement is between you and us, not Apple. Apple is not a party to it. We — not Apple — are solely responsible for Listening and everything in it.
• Your licence is to use Listening on Apple-branded devices you own or control, under the Usage Rules of the Apple Media Services Terms and Conditions, including via Family Sharing where that applies.
• Support is ours. Apple has no obligation to provide maintenance or support for Listening. Write to us at the address below.
• Warranty is ours. If the app fails to conform to any warranty that applies, you may tell Apple and Apple will refund the purchase price. Beyond that refund, Apple has no warranty obligation whatsoever, and any other claim, loss, liability, damage, cost or expense arising from a failure to conform is ours to handle.
• Claims about the app are ours. Any claim that Listening fails to conform to a legal or regulatory requirement, causes harm, or breaches consumer protection or privacy law is our responsibility, not Apple's.
• Intellectual property claims are ours. If someone claims Listening infringes their intellectual property, we handle the investigation, defence, settlement and discharge of it.
• Sanctions. By using Listening you confirm you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any applicable third-party terms when using Listening — your mobile carrier's plan, for instance.
• Apple can enforce this. Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance Apple has the right to enforce them against you as such.

Changes to these terms

We may change these terms — because the product changes, or the law does. When we do, we update the date at the top and post the new version here.

If a change materially affects your rights or what you are paying for, we will tell you in the app or by email at least 30 days before it takes effect, so you have time to read it, export your entries, cancel, or delete your account. Continuing to use Listening after that is how you accept the new terms; if you would rather not, delete your account and the old terms govern everything up to that point.

We will not apply a change retroactively to a dispute that already exists.

Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. Disputes go to the courts of Ontario, though you keep any right you have to bring a claim in the courts of your own country, or before your local consumer protection body.

If any part of these terms is unenforceable, the rest still stands.

Contact

Algernon Labs — alexhu@me.com

We reply within two business days.