Welcome to Penciv! As used in this Agreement, the terms "Penciv", "us" or "we" shall refer to Penciv Inc. By accessing or using our Services on the Penciv mobile application (the "App"), or any other platforms or services Penciv may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.  

 

You should read the Terms carefully, as they contain important information regarding rights and limitations, such as the waiver of withdrawal, disclaimed warranties, liability limitation, termination, term updates, as well as dispute resolution and applicable law. The Terms should be read in conjunction with the Privacy Policy and Community Guidelines, together they form the contract that exists between you and Penciv. 

 

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. 
 

Licenses and Subscriptions 

• Penciv offers Non-subscription and Subscription licenses for the App to a prospective licensee (“Non-subscription app licensee” and “Subscription app licensee”, collectively “App licensee” or “Member”). We do not sell the App and ownership is retained by Penciv at all times. 

• Upon downloading the App, the new user by default becomes a Non-subscription app licensee. They remain so unless and until the:  

  • License is terminated; or the 

  • License is upgraded by a subscription or one-time purchase for an: 

    • App subscription license 

• Subscription app licensees, depending on the app and the choice of payment plans, may pay through subscriptions, including but not limited to monthly and annual terms; and through making one-time purchases. 

• Subscriptions will automatically renew at the end of the term and can be managed through the: 

  (a) Account section of the Penciv website; or  

  • (a) Subscription management settings on their mobile phone, subject to the Apple App Store or Google Play’s terms (if purchased in-app).  

• Subscriptions for the Apps may include increased functionality and additional features, including but not limited to: the ability to back up, synchronize or export data, unlimited entries or trackers, authentication and widgets. Exclusive content may also be provided.  

• Purchases are final, Penciv will not provide refunds. By proceeding with the purchase and agreeing to the Terms, the App licensee consents to immediate performance of the contract and waives their right to withdrawal. Purchases made through the Apple or Google Play Store are subject to the Apple or Google Play payment policy. The applicable policy should be considered prior to purchase.  

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Your Commitments 

In return for our commitment to provide our Services to you, we require you (the Member) to make the below commitments to us. 

Who can use Penciv: 

• You must be at least 13 years old 

• You must not be prohibited from receiving any aspect of our Services under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.  

• We must not have previously disabled your account for violation of law or any of our policies. 

 

You Can't (Permissions and Rights) 

• You CANNOT create more than one account on our Services.  

• You CANNOT  impersonate someone or something you aren't. You may not misrepresent your identity with details including, but not limited to, your age, qualifications, or affiliations with an entity. 

• You CANNOT create an account for someone else unless you have their express permission. 

• You CANNOT do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose. 

• You CANNOT violate these terms or our policies, in particular the Community Guidelines and Data Policy. 

• You CANNOT publicly post someone else's private or confidential information without permission or do anything that violates some else's rights, including intellectual property rights.  

• You CANNOT modify, translate, create derivative works of, or reverse engineer our App and the software contained therein 

 

You Agree To: (Ownership) 

• Respect what is ours. The information, prompts, content, logo, trademarks, graphics, animations, icons, text, fonts, images, source code, and "look and feel" of the App ("Materials") belong to Penciv. Penciv retains sole ownership rights, title, interest and intellectual property of the Materials.  

• Provide us with accurate and up to date information (including but not limited to registration information), which may include providing personal data. 

• Use the latest version of the App 

• Take responsibility for your content. Don't share anything that you don't want others to see, that would violate this Agreement, or would expose you or us to legal liability. 

• Grant us license to use your content. Such content may include, but is not limited to, text, photos, responses to prompts, feelings, feels, categories ("user-generated content"). When you share, post, or upload user-generated content  that is covered by intellectual property rights in connection with our Service, you grant us a perpetual, worldwide, transferable, sub-licensable, royalty-free license to use, store, display, copy, edit, adapt, reproduce, modify, publish and distribute the content. This license will end when your account and related content is deleted from our systems. 
  Additionally, you grant us the permission to act on your behalf with respect to infringing uses of your content taken from our Services by other users or third parties. This includes the authority, but not the obligation, to send notices with respect to Digital Millennium Copyright Act Takedown Notices on your behalf if your content is taken and used by other users or third parties. 

• Submit content with the highest level of integrity that warrants the absence of: 

  • Third-party intellectual property infringement 

  • Third-party data protection or privacy infringement 

  • Viruses or other harmful data 

  • Material that is not aligned with our community guidelines 

   

If at any time you cease to meet these requirements, we retain the right to remove your Member license to our Services without warning. Also, you accept that you will indemnify Penciv for the loss or damage suffered if non-compliance results in third party action against Penciv. 

 

DMCA 

If you feel that a posted message is objectionable for copyright infringement, contact us immediately. Upon your receipt of a proper notice of claimed infringement, we will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.  

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, reach out to us with the following information: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

• Identification and description of the copyrighted work, or other intellectual property that you claim has been infringed;  

• A description of where the material that you claim is infringing is located on the Service; 

• Information sufficient to contact you such as an address, telephone number, and email address; 

• A statement that you have a good faith belief that use of the material in the manner claimed is not authorized by the copyright owner, its agent, or the law; and 

• A statement that, under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 

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Any Takedown Notices should be sent to copyright@penciv.com.  

 

Privacy 

Privacy is important to us. We have a separate policy about it that you should read. 

 

For information about how we collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy. 

 

Content Removal and Account Termination 

Penciv reserves the right to investigate and, if appropriate, remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Community Guidelines), or we are permitted or required to do so by law. Further, we reserve the right to suspend or terminate your account without refund if Penciv believes that you have violated these Terms of Use, our policies (including our Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide all or part of the Service to you (as outlined in the Community Guidelines) to protect our community and/or Service or if we determine that doing so is reasonably necessary to proactively avoid or mitigate adverse legal or regulatory impacts on us.  

 

If your account is terminated by you or by Penciv for any reason, these Terms and our policies continue and remain enforceable between you and us, and you will not be entitled to any refund for purchases made. If you believe your account has been terminated or suspended in error, or you want to permanently delete your account, contact our help request.  

 

Health Disclaimers 

The Services should not be viewed as a substitute for medical advice, psychological or psychiatric treatment, therapy, or suicide prevention. No representation or warranty is made and you should not delay in obtaining such intervention as a result of using our services. 

Notwithstanding the scientific research on journaling or reflection, we make no representation or warranty that your mental health will improve. Further, we make no representation or warranty that our services will prevent, cure or treat diseases. We do not claim that our services constitute a medical device, nor should you regard them as such. Our services are for general information purposes only. Finally, we make no representation or warranty that our services are fit as a substitute for addiction or rehabilitation programs. You should not delay in obtaining licensed and accredited intervention as a result of usage. 

 

Limited Liability 

To the maximum extent permitted by applicable law, in no event shall the Company, along with its employees, contractors, partners or affiliates, be liable for any indirect, special, incidental and consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, software/hardware performance and compatibility issues, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company, or any of its employees, contractors, partners or affiliates, has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.  

 

To the fullest extent permitted by applicable law, in no event will Penciv's aggregate liability to you for all claims relating to the services exceed the amount paid, if any, by you to Penciv for the services during the twelve (12) month period immediately preceding the date that you first file a lawsuit, arbitration, or any other legal proceeding against Penciv, whether statutory, in law or in equity, in any tribunal. This damage limitation applies regardless of the ground upen which liability is based, irrespective of the type of breach of rights, privileges, or obligations, and with respect to all events, the service, and this agreement. If you rely on the information contained in the Service beyond the intended purpose of general information, you do so at your own risk. Penciv is not liable for any consequences resulting from such reliance. 

 

Dispute Resolution 

In the event you are dissatisfied with our Service for any reason, please contact Customer Service (support@penciv.com) first so we can try to resolve your concerns without the need of outside assistance. 

 

In the unlikely event that we have a legal dispute, here is how the parties agree to proceed, except where prohibited by applicable law.  

 

To the fullest extent allowable by law, you and we agree that any cause of action, legal claim, or dispute between you and us relating to these Terms must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted. Additionally, you and we waive the right to a jury trial in favor of individual arbitration (except for small claims court explained below). If there is a particular claim that cannot be arbitrated in accordance with this provision's limitations, then only that claim may be brought in court. Otherwise, all claims remain subject to this provision. 

 

Instead of using arbitration, you or we can bring claims to your local small claims court, if the rules of that court allow. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules, with the remainder paid by Penciv. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or for improper purpose, payment of all fees will be governed by the AAA rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and these Terms. The award of the arbitrator is final and binding upon you and us. 

 

The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator. The arbitrator will also have the authority to determine the rights and liabilities of you and us.  

 

You may opt-out of this agreement. To do so, you must notify us no later than 30 days after first becoming subject to this arbitration agreement. By doing so, neither you or us can force the other to arbitrate. Your notice must include your name, address, and phone number and email address used to set up your Penciv account (if you have one), and a clear statement that you want to opt-out of this arbitration agreement. Send your opt-out notice to ArbitrationDisputeResolution@penciv.com. Otherwise, this agreement survives the termination of your relationship with us.  

 

Except to the extent they are preempted by federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter. 

 

Updating 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 make reasonable efforts 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, in whole or in part, please stop using the Service.