Terms of Service

Welcome to Sincerly. These Terms of Service ("Terms") govern your access to and use of the Sincerly mobile application (the "App") and related services (collectively, the "Service") provided by Booma Studio ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years of age (or 16 in the European Economic Area) to use Sincerly. By using the Service, you represent and warrant that you meet the minimum age requirement in your jurisdiction. If you are under the age of 18 (or the age of majority in your jurisdiction), you must have your parent's or legal guardian's consent to use the Service.

2. Account Registration

To use Sincerly, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your account credentials secure and confidential.
• Immediately notify us of any unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that contain false or misleading information.

3. Service Description

Sincerly is a mobile application designed for couples to connect, communicate, and engage in shared experiences. Features include, but are not limited to: private messaging, shared timelines, virtual pet care, date planning tools, love letters, time capsules, games, and bucket lists. Features may be added, modified, or discontinued at our discretion.

4. Subscriptions and Payments

Sincerly may offer free and premium subscription tiers. If you choose to subscribe to a premium plan:

• Billing: All payments are processed through the Apple App Store or Google Play Store. We do not directly collect or store your payment information.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.
• Cancellation: You can cancel your subscription at any time through your device's app store settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period.
• Price Changes: We may change subscription prices. Price changes will take effect at the start of the next billing period following notice. Continued use after a price change constitutes acceptance of the new price.
• Refunds: Refund requests are handled by the Apple App Store or Google Play Store in accordance with their respective refund policies.

5. User Content

You retain ownership of all content you create and share through the Service ("User Content"), including messages, photos, love letters, and journal entries. By using the Service, you grant us a limited, non-exclusive license to store, transmit, and process your User Content solely as necessary to provide and operate the Service.

You are solely responsible for your User Content. You represent and warrant that you have the right to share any content you upload and that your content does not violate the rights of any third party.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Harass, bully, threaten, stalk, or intimidate any person.
• Upload or distribute content that is illegal, obscene, defamatory, or promotes violence or hatred.
• Distribute spam, unsolicited communications, or misleading content.
• Upload viruses, malware, or other harmful code.
• Attempt to access other users' accounts or data without authorization.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Use the Service for any commercial purpose without our prior written consent.
• Create multiple accounts for abusive purposes or impersonate another person.

We reserve the right to investigate and take action (including account suspension or termination) against any user who violates these terms.

7. Intellectual Property

The App, including its design, code, graphics, mascot ("Owl"), logos, trade names, and original content, is the exclusive property of Booma Studio and is protected by applicable copyright, trademark, and intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any part of the Service without our prior written consent.

All trademarks, service marks, and trade names used in the Service are the property of their respective owners.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Sincerly, you acknowledge that you have read and understand our Privacy Policy.

9. Third-Party Services

The App may integrate with or link to third-party services (e.g., Apple App Store, Google Play Store, social media platforms). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, practices, or availability of third-party services.

10. Apple-Specific Terms

If you access the Service through the Apple App Store, the following additional terms apply:

• These Terms are between you and Booma Studio, not Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.
• Apple has no obligation to provide maintenance or support for the Service.
• In the event of any failure of the App to conform to an applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App infringes a third party's intellectual property rights, Booma Studio (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, including if you violate these Terms. You may terminate your account at any time by:

• Deleting your account through the App (Settings > Account > Delete Account).
• Emailing us at support@sincerly.app.

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) shall survive.

12. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• Any defects will be corrected.
• The Service will meet your specific requirements or expectations.

You use the Service at your own risk. Sincerly is a tool for connection and communication; it is not a substitute for professional relationship counseling, therapy, or medical advice.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Booma Studio and its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or loss of goodwill, arising out of or in connection with your use of the Service.

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) fifty US dollars ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Booma Studio and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

15. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved as follows:

• Informal Resolution: Before initiating any formal dispute proceeding, you agree to contact us at support@sincerly.app and attempt to resolve the dispute informally for at least 30 days.
• Governing Law: These Terms are governed by the laws of the jurisdiction in which Booma Studio is incorporated, without regard to its conflict of law provisions.
• Jurisdiction: Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts located in the jurisdiction of Booma Studio's principal place of business.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Booma Studio regarding the Service and supersede any prior agreements, communications, or understandings.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Notify you through the App or via email.

Your continued use of Sincerly after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

19. Contact Us

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

• Email: support@sincerly.app
• Contact Form: sincerly.app/contact