Terms & Conditions
Effective {{effectiveDate}} · Last updated {{lastUpdated}} · This is the end user licence agreement for the Tutur Notes app.
1. Accepting these terms
These Terms & Conditions ("Terms") are an agreement between you and {{legalName}} ("we", "us") covering your use of the Tutur Notes application for iPhone and iPad ("the app") and this website.
By downloading, installing or using the app, you accept these Terms. If you do not accept them, do not use the app — and if you have already installed it, delete it.
Our Privacy Policy forms part of these Terms. You should read it; it is short, and it is the more interesting of the two.
2. Your licence to use the app
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the app on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This licence is for your own use. We keep all rights we have not expressly granted you here.
You agree not to:
- Copy, sell, rent, lease, sublicense or redistribute the app
- Reverse engineer, decompile or disassemble it, except to the extent that applicable law expressly permits despite this restriction
- Remove or alter any copyright, trademark or other proprietary notice
- Use the app in any way that breaks the law where you are
The app's name, icon, design and code remain our property or that of our licensors. Nothing in these Terms transfers any of that to you.
3. Your content is yours
Everything you write, record, photograph or otherwise put into Tutur Notes ("your content") belongs entirely to you. We claim no ownership of it and no licence over it.
We could not use your content even if we wanted to. As described in the Privacy Policy, the app has no server, we receive nothing, and we have no technical means of reading what you write. We do not use your content to train any model, to build any product, or for any other purpose whatsoever.
You are responsible for your content, including having the right to store any photo or recording you add.
4. Backups are your responsibility
This clause matters more in Tutur Notes than it does in most apps, so please read it rather than skim it.
Because your journal exists only on your own device — and in your own iCloud, if you turned sync on — we hold no copy and can never restore your data for you. If your device is lost, damaged, reset or wiped, if you delete the app, or if you delete content by mistake, that content is gone as far as we are concerned.
You are responsible for keeping your own backups. We strongly recommend that you:
- Keep your device backed up, through iCloud Backup or an encrypted computer backup
- Turn on iCloud sync in the app if you want your journal on more than one device
- Use Settings → Export everything from time to time, and keep the exported
.txtor.jsonfile somewhere safe
To the fullest extent permitted by law, we are not liable for any loss of your content, however it occurs.
5. Not medical or mental health advice
Tutur Notes is a personal journal. It is a place to write things down. It is not a medical device, a diagnostic tool, a therapy service, or a substitute for professional care of any kind.
The moods, ratings, streaks and patterns the app displays are simple summaries of what you yourself entered. They are not a clinical assessment, they diagnose nothing, and they should not be used to make decisions about your health or anyone else's.
Never disregard professional medical advice, or delay seeking it, because of something you read or recorded in Tutur Notes.
6. Price, and future paid features
The current version of Tutur Notes is free. It contains no in-app purchases and no subscription, and every feature described on this site is included.
We may introduce paid features, a subscription, or a paid version of the app in future. If we do:
- Any price will be shown to you clearly, in your own currency, before you are asked to confirm anything.
- You will never be charged without an explicit purchase that you make yourself through Apple.
- Content you have already written will remain yours, readable, and exportable. We will not put your existing journal behind a paywall.
- All purchases would be processed by Apple through the App Store under the Apple Media Services Terms and Conditions. Refunds are handled by Apple under its own policies, not by us — we cannot issue a refund for an App Store purchase, though we are happy to help you approach Apple for one.
- We will update these Terms accordingly, and the changes will apply only from the date they take effect.
7. Acceptable use
The app runs on your own device and shares nothing with anyone, so there is very little scope for misuse that affects others. Still, you agree not to use Tutur Notes for any unlawful purpose, and not to attempt to interfere with its security features or with the operation of any device or account that is not yours.
8. Updates and availability
We may release updates that add, change or remove features, and we may stop supporting older versions of iOS or older devices. Updates are delivered by the App Store; your device settings control whether they are installed automatically.
We may also, at our discretion, stop distributing or supporting the app entirely. If we ever do, the copy already installed on your device will keep working for as long as your device and its operating system allow, and your journal stays where it has always been — on your device. We would give reasonable notice where we can, so that you can export your writing.
We do not promise that the app will be uninterrupted or error-free, or that it will be compatible with every future version of iOS.
9. Disclaimer of warranties
To the fullest extent permitted by applicable law, the app is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the app will meet your requirements, that it will operate without interruption or error, that any defect will be corrected, or that your data will not be lost or corrupted.
10. Limitation of liability
To the fullest extent permitted by applicable law, neither we nor anyone involved in creating or distributing the app will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, loss of profits, loss of goodwill or business interruption, arising out of or relating to your use of or inability to use the app — even if we have been advised that such damages are possible.
Where liability cannot lawfully be excluded, our total aggregate liability to you for all claims relating to the app is limited to the greater of the amount you actually paid us for the app in the twelve months before the claim arose, or USD 25.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.
11. Ending this agreement
You may end this agreement at any time by deleting the app from your devices. No notice to us is needed.
This licence ends automatically if you materially breach these Terms. On termination you must stop using the app and delete it. Sections that by their nature should survive — ownership of your content, disclaimers, limitation of liability and the general clauses — survive termination.
12. Apple's required terms
Apple requires that the following be included in the licence agreement for any app distributed through the App Store. These terms apply in addition to everything above.
12.1 Acknowledgement
These Terms are concluded between you and {{legalName}} only, and not with Apple Inc. ("Apple"). {{legalName}}, not Apple, is solely responsible for the app and its content.
12.2 Scope of licence
The licence granted to you in section 2 is limited to a non-transferable licence to use the app on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
12.3 Maintenance and support
{{legalName}} is solely responsible for providing any maintenance and support services for the app, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the app. You can reach us at {{supportEmail}}.
12.4 Warranty
{{legalName}} is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be {{legalName}}'s sole responsibility.
12.5 Product claims
{{legalName}}, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
12.6 Intellectual property rights
In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, {{legalName}}, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
12.7 Legal compliance
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
12.8 Third-party terms
You must comply with any applicable third-party terms of agreement when using the app — for example, your wireless data service agreement.
12.9 Third-party beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.
12.10 Developer contact
Questions, complaints or claims about the app should be directed to {{legalName}} at {{supportEmail}}.
13. Disputes and applicable law
If something goes wrong, please write to us first at {{supportEmail}}. Almost everything can be sorted out in an email, and we would rather do that than anything more formal.
These Terms do not specify a governing law or an exclusive forum. That means the mandatory consumer protection laws of the country in which you live continue to apply to you in full, and you keep any right you have to bring proceedings in your local courts. Nothing here is intended to deprive you of the protection of rules that cannot be departed from by agreement.
14. General
Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the app, and replace anything said before.
Severability. If a court finds any part of these Terms unenforceable, that part is adjusted to the minimum extent needed to make it enforceable, or removed if it cannot be. The rest stays in force.
No waiver. If we do not enforce a right straight away, that is not a waiver of it.
Assignment. You may not transfer your rights under these Terms. We may transfer ours to a successor, provided your rights under these Terms and the Privacy Policy are not reduced.
15. Changes to these terms
We may update these Terms — for example, if we add paid features as described in section 6. When we do, we will change the "Last updated" date at the top, and for material changes we will make it visible in the app rather than relying on you to check this page.
Changes apply from the date they take effect and are not retroactive. If you do not agree to a change, your remedy is to stop using the app and delete it; you may export your journal first, and we would expect you to.
16. Contact us
Anything at all, including the parts of this document that read like a lawyer wrote them:
A person reads it and answers, usually {{responseTime}}.