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Terms of Service

Last Updated: January 2025

End User License Agreement (EULA): These Terms of Service serve as the End User License Agreement (EULA) for Actively Manifesting. By downloading, installing, or using our mobile application, you agree to be bound by these Terms of Service ("Terms" or "EULA"). Please read them carefully.

1. Acceptance of Terms

By accessing or using Actively Manifesting ("the App"), you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, please do not use the App.

2. Description of Service

Actively Manifesting is a mobile application that allows users to:

• Create digital vision boards with images and goals
• Import images from Pinterest boards (with user authorization)
• Import images from Tumblr liked posts (with user authorization)
• Search and download images from Unsplash
• Display vision boards on iOS home screen widgets
• Set daily reminders and notifications
• Access premium features through in-app purchases

3. User Accounts and Third-Party Integrations

3.1 Pinterest Connection

• You may optionally connect your Pinterest account to import boards
• You must have a valid Pinterest account to use this feature
• You authorize us to access your Pinterest boards and pins (read-only)
• You can disconnect Pinterest at any time from app settings
• We comply with Pinterest's Terms of Service and API Guidelines

3.2 Tumblr Connection

• You may optionally connect your Tumblr account to import liked posts
• You must have a valid Tumblr account to use this feature
• You authorize us to access your Tumblr liked posts (read-only)
• You can disconnect Tumblr at any time from app settings
• We comply with Tumblr's Terms of Service and API Guidelines

3.3 Your Responsibilities

• You are responsible for maintaining the security of your third-party accounts
• You must not share your account credentials with others
• You must comply with Pinterest's and Tumblr's Terms of Service when using imported content

4. Content and Intellectual Property

4.1 Your Content

• You retain all rights to the content you create or upload to the App
• You are responsible for ensuring you have rights to use any images you add
• You grant us a license to store and display your content solely for providing the service

4.2 Third-Party Content

• Images imported from Pinterest remain subject to Pinterest's Terms of Service
• Images imported from Tumblr remain subject to Tumblr's Terms of Service
• Images from Unsplash are subject to Unsplash's License (free for commercial and personal use with attribution)
• You must respect the intellectual property rights of content creators
• Imported content is for personal use only within the App

4.3 Our Intellectual Property

• The App, including its design, features, and code, is owned by us
• You may not copy, modify, distribute, or reverse engineer the App
• Our trademarks and logos may not be used without permission

5. Premium Features and Subscriptions

5.1 Subscription Details

Auto-Renewable Subscription Information (Required Disclosure):

• Subscription Title: Unlimited Access Annual
• Subscription Length: 1 Year (Annual)
• Subscription Price: $7.00 per year (or equivalent in your local currency)
• Price per Unit: $7.00/year
• Premium features require an active subscription
• Free Trial: 7-day free trial period (starts when you tap "Start Annual Subscription")
• Subscriptions are processed through Apple's App Store using StoreKit
• Prices are displayed in your local currency
• Subscription automatically renews unless cancelled at least 24 hours before the end of the current period
• You can manage or cancel your subscription at any time through Settings → App Store → Subscriptions
• Refunds are handled by Apple according to Apple's refund policy
• Payment will be charged to your Apple ID account at the confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase

5.2 Premium Features

Premium subscription includes:

• Unlimited vision boards (free tier allows 1 board)
• Pinterest board import
• Tumblr liked posts import
• Premium widget features (daily rotation, custom positioning)
• Unlimited photos per board

5.3 Free Tier

The free tier includes:

• 1 vision board
• Basic widget functionality
• Limited photos per board

6. Acceptable Use

You agree NOT to:

• Use the App for any illegal purpose
• Upload content that infringes on others' intellectual property rights
• Upload offensive, harmful, or inappropriate content
• Attempt to hack, reverse engineer, or compromise the App's security
• Use automated systems to access the App
• Violate Pinterest's, Tumblr's, or Unsplash's Terms of Service or API Guidelines
• Resell or redistribute content imported from third-party services
• Share your subscription with others or attempt to circumvent subscription restrictions

7. Third-Party API Compliance

7.1 Pinterest API

Our use of Pinterest's API is subject to Pinterest's Developer Terms. You acknowledge that:

• Pinterest may change or discontinue their API at any time
• We are not responsible for Pinterest's service availability
• Pinterest integration may be modified or removed if required by Pinterest
• You must comply with Pinterest's Terms of Service

7.2 Tumblr API

Our use of Tumblr's API is subject to Tumblr's Developer Terms. You acknowledge that:

• Tumblr may change or discontinue their API at any time
• We are not responsible for Tumblr's service availability
• Tumblr integration may be modified or removed if required by Tumblr
• You must comply with Tumblr's Terms of Service

7.3 Unsplash API

Our use of Unsplash's API is subject to Unsplash's API Terms. You acknowledge that:

• Unsplash may change or discontinue their API at any time
• We are not responsible for Unsplash's service availability
• Unsplash integration may be modified or removed if required by Unsplash
• You must comply with Unsplash's License and Terms of Service

8. Data and Privacy

• Your use of the App is subject to our Privacy Policy
• All vision board data is stored locally on your device
• Pinterest access tokens are stored securely on your device
• We do not sell or share your personal data with third parties

9. Disclaimers and Limitations of Liability

9.1 "As Is" Service

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP.

9.3 Third-Party Integrations

We are not responsible for:

• Pinterest's, Tumblr's, or Unsplash's service availability or reliability
• Changes to third-party APIs or policies
• Content available on third-party platforms
• Issues with your third-party accounts
• Subscription management issues handled by Apple

10. Termination

• You may stop using the App at any time by deleting it
• We may terminate or suspend your access if you violate these Terms
• Upon termination, all licenses granted to you will end
• Sections that should survive termination will remain in effect

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by:

• Posting updated Terms in the App
• Updating the "Last Updated" date
• Sending an in-app notification for material changes

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

12. Governing Law

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

13. Dispute Resolution

• Any disputes shall first be attempted to be resolved through good-faith negotiation
• If negotiation fails, disputes shall be resolved through binding arbitration
• You waive the right to participate in class action lawsuits

14. Apple App Store Terms

Additional terms apply because the App is distributed through Apple's App Store:

• These Terms are between you and us, not Apple
• Apple has no obligation to provide support for the App
• Apple is not responsible for any claims related to the App
• You must comply with Apple's App Store Terms of Service

15. Contact Information

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

• Email: legal@dreamnotes.app
• Support: support@dreamnotes.app

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms of Service (which serve as the End User License Agreement or EULA), together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

18. Subscription Links

For your convenience, you can access our policies at any time:

• Privacy Policy: https://activelymanifesting.vercel.app/privacy.html
• Terms of Service (EULA): https://activelymanifesting.vercel.app/terms.html

By using Actively Manifesting, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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