Terms of Service

Last updated: April 3, 2024

1. Introduction

Welcome to Cohesive Journal. These Terms of Service ("Terms") govern your access to and use of the Cohesive Journal application and website (collectively, the "Service"), so please read them carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Definitions

"We", "Us", "Our", "Company" refers to Cohesive Journal.

"You", "Your", "User" refers to the individual or entity accessing or using the Service.

"Content" refers to notes, images, audio recordings, tags, hierarchical structures, and any other data or information created, uploaded, or stored through the Service.

"Subscription" refers to the paid service plan that provides access to premium features beyond the free tier.

3. Account Registration and Security

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use strong passwords (e.g., passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Subscriptions and Payments

4.1 Free Tier

Cohesive Journal offers a free tier with limited features. We reserve the right to modify the features available in the free tier at any time.

4.2 Paid Subscriptions

Cohesive Journal offers paid subscription plans that provide access to additional features. By purchasing a subscription, you agree to pay the subscription fees as described at the time of purchase.

4.3 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on the subscription plan you select. Payment will be charged to your designated payment method at confirmation of purchase.

4.4 Automatic Renewal

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. You can manage your subscription and turn off auto-renewal in your account settings.

4.5 Price Changes

We may change subscription fees at any time. If we change subscription fees, we will provide notice of the change on the Service or by email at least 30 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

4.6 Refunds

Payments are non-refundable except where required by law. Certain refund requests for subscriptions may be considered on a case-by-case basis and granted at our sole discretion.

5. User Content

5.1 Ownership

You retain ownership of any intellectual property rights that you hold in the Content you create, upload, or store through the Service. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, process, and store your Content in order to provide you with the Service.

5.2 Content Responsibility

You are solely responsible for the Content that you create, upload, or store through the Service. You represent and warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your Content as necessary to provide the Service;
  2. Your Content does not violate the intellectual property rights, privacy rights, or any other rights of any third party;
  3. Your Content does not contain viruses, malware, spyware, or any other harmful code;
  4. Your Content complies with all applicable laws and regulations.

5.3 Content Removal

We reserve the right to remove any Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise unacceptable.

6. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  1. In any way that violates any applicable federal, state, local, or international law or regulation;
  2. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  3. To impersonate or attempt to impersonate Cohesive Journal, a Cohesive Journal employee, another user, or any other person or entity;
  4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Cohesive Journal or users of the Service or expose them to liability;
  5. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
  6. To upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  7. To use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service;
  8. To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
  9. To use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
  10. To use any device, software, or routine that interferes with the proper working of the Service.

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Cohesive Journal and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cohesive Journal.

7.2 Feedback

If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account from the account settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Limitation of Liability

In no event shall Cohesive Journal, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. Your access to or use of or inability to access or use the Service;
  2. Any conduct or content of any third party on the Service;
  3. Any content obtained from the Service; and
  4. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Cohesive Journal, its subsidiaries, affiliates, and its licensors do not warrant that:

  1. The Service will function uninterrupted, secure, or available at any particular time or location;
  2. Any errors or defects will be corrected;
  3. The Service is free of viruses or other harmful components; or
  4. The results of using the Service will meet your requirements.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cohesive Journal and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  1. Your use and access of the Service;
  2. Your violation of any term of these Terms;
  3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  4. Any claim that your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Dispute Resolution

Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the arbitral decision may be enforced in any court. At Cohesive Journal's sole discretion, it may elect to not require arbitration for disputes related to intellectual property rights or unauthorized access to the Service.

Notwithstanding the foregoing, you agree that Cohesive Journal may seek injunctive or other equitable relief to protect its intellectual property rights or prevent unauthorized access to the Service in any court of competent jurisdiction.

15. Entire Agreement

These Terms constitute the entire agreement between you and Cohesive Journal regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: terms@cohesivejournal.com

© 2024 Cohesive Journal. All rights reserved.