END USER LICENSE AGREEMENT (EULA) - HARBOUR JOURNAL FOR iOS
Last Updated: October 8, 2026
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING HARBOUR JOURNAL FOR iOS (THE "APP"), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE APP.
This Agreement is between you ("You") and Foss Creative Ltd. ("Licensor," "We," "Us").
This Agreement is concluded between You and Licensor only, not with Apple. Licensor, not Apple, is solely responsible for the App and its content. This Agreement does not impose usage rules that conflict with the Apple Media Services Terms and Conditions.
You represent that You are old enough to form a binding agreement in Your jurisdiction, or that You have permission from a parent or legal guardian to use the App. The App is not directed to children.
1. LICENSE GRANT
Licensor grants You a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded iPhone and iPad devices You own or control, for personal or internal business use, subject to this Agreement, Apple's applicable terms, and applicable App Store rules.
The license is subject to the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing, as permitted by those Usage Rules.
If the App is distributed through the App Store, Apple handles App Store purchase, family sharing, refund requests, and refund decisions under Apple's applicable App Store and Apple Media Services terms. Unless Licensor states otherwise in writing, the iOS App does not require a Foss Creative license key.
2. NO SALE / OWNERSHIP
The App is licensed, not sold. Licensor retains all right, title, and interest in and to the App, including all intellectual property rights.
3. RESTRICTIONS
You agree that You will not:
Copy, reproduce, distribute, lease, lend, sell, sublicense, or otherwise transfer the App to any third party except as expressly permitted by Licensor or applicable platform rules.
Reverse engineer, decompile, disassemble, attempt to derive source code, or otherwise attempt to defeat or bypass technical protections, except to the limited extent expressly permitted by applicable law.
Modify, adapt, translate, create derivative works from, or otherwise alter the App.
Use the App for any illegal, harmful, abusive, infringing, or unsafe purpose, including violating any law or regulation.
Use the App in a way that interferes with, damages, or disrupts the App or any systems on which it runs.
Rely on the App as a substitute for professional judgment, emergency services, adult supervision, or legally required recordkeeping.
4. USER CONTENT, LOCAL STORAGE, IMPORTS, AND EXPORTS
Your Data: The App may store journal entries, notes, titles, tags, photos, audio recordings, transcripts, thumbnails, drafts, location metadata associated with entries or photos, theme scheduling preferences, HarbourLink trust state, caches, and related application data locally on Your device.
No Cloud Service: Unless explicitly stated in writing by Licensor, the App does not provide cloud sync, hosting, or online backup as a service.
Imports and Exports: The App may allow You to import photos or other selected content and export data, photos, metadata, or files. You are responsible for reviewing imported content, choosing where exported files are saved, and protecting any exported files outside the App.
Backups and Device Security: You are solely responsible for backups, device security, Apple account security, passcodes, and access to files stored on or exported from Your device.
Deletion and Persistence: Deleting the App may not automatically delete all associated files, caches, exports, iCloud backups, device backups, or synced copies stored outside the App. You are responsible for removing any such data.
No Duty to Preserve Data: Licensor has no obligation to store, maintain, preserve, or recover any user data.
Data Loss: You understand that software can fail. Licensor is not responsible for loss, corruption, exposure, or unauthorized access caused by device compromise, user error, third-party services, platform behavior, sync conflicts, backup behavior, or software defects, except as required by applicable law.
5. PRIVACY, PERMISSIONS, MAPS, AND DIAGNOSTICS
Local-First Design: Harbour Journal is intended to function primarily on Your device. Licensor does not receive Your raw journal entries, transcript text, audio recordings, photos, saved locations, or detailed journal artifacts unless You explicitly choose to share them outside the App.
Permissions: Certain optional features may request access to protected device resources such as the microphone, camera, photos, local network, notifications, Face ID, or location. If You deny access, those optional features may be unavailable, but core journaling features may still remain usable.
Maps, Location Services, and Sunrise/Sunset Theme Changes: Location access is optional and is used only for features You choose, such as saving current location to an entry, centering maps, or switching themes around local sunrise and sunset. If You use optional map or location features, including viewing coordinates extracted from photo metadata, the App may send relevant map requests through Apple MapKit or related Apple services. Licensor does not receive Your current location, saved locations, coordinates, sunrise/sunset location values, map requests, or search requests merely from Your use of these features.
Usage Reports and Diagnostics: Harbour offers optional usage reporting linked to a random installation identifier. Reports include feature counts, coarse buckets, app and iOS versions, and language. Foss Creative and its hosting providers process these reports. If enabled, reports are intended for product improvement, debugging, security, support, and reliability. They are not designed to include journal text, transcript text, audio files, photo contents, exact locations, app-lock PINs, QR payloads, trusted-device secrets, or personal contact information. Actual location values and coordinates are never included in usage reports, even if usage reporting is enabled.
No Sale of Personal Data: Licensor does not sell personal data, including location data.
6. AUDIO, TRANSCRIPTION, AND USER REVIEW
Audio and transcription features, if available, may process microphone input or audio attachments on Your device and may fail, mishear, omit, or produce incorrect text.
You are responsible for reviewing, correcting, and deciding whether to rely on any transcript or extracted text.
The App is for personal journaling and reflection. It is not a professional transcription, compliance, evidence-preservation, medical, legal, financial, emergency, crisis-response, monitoring, or child-safety service.
7. NO PROFESSIONAL OR EMERGENCY SERVICES
The App is a general-purpose journaling, reflection, and productivity tool. It does not provide medical, mental health, legal, financial, or other professional advice, and it is not an emergency, crisis-response, monitoring, or child-safety service. The App is not designed to diagnose, treat, or monitor mental health conditions. Licensor does not guarantee that the App will detect harmful situations, escalate emergencies, contact emergency services, contact family members, notify authorities, or prevent inappropriate content. Licensor does not monitor Your local journal entries, audio recordings, transcripts, photos, location data, or other local content, and assumes no duty to review, supervise, detect, or intervene based on such content. Use of the App does not create any therapist-patient, counselor-client, fiduciary, custodial, monitoring, emergency-response, or other special relationship between You and Licensor. If You may harm Yourself or others, are in crisis, or need urgent help, do not rely on the App; contact emergency services, a qualified professional, or an appropriate crisis resource immediately.
8. "AS IS" / NO WARRANTIES
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, CHILD-SAFETY, OR THAT THE APP WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. YOU USE THE APP AT YOUR OWN RISK.
Licensor is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to an applicable warranty, You may notify Apple, and Apple will refund the App purchase price to You. To the maximum extent permitted by applicable law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Licensor's sole responsibility.
9. UPDATES, SUPPORT, AND THIRD-PARTY AVAILABILITY
Licensor is solely responsible for providing any maintenance and support specified in this Agreement or required by applicable law. Apple has no obligation to furnish maintenance or support for the App.
Unless required by applicable law, Licensor is under no obligation to provide maintenance, technical support, updates, or bug fixes. Any updates, if provided, may change, interrupt, or discontinue features. Platform services, App Store availability, Apple frameworks, sync transport behavior, or open-source dependencies may also change, rate-limit, remove, or discontinue resources used by the App.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL DISTRESS, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, ANY TRANSCRIPT, ANY LOCATION OR MAP FEATURE, ANY LOCAL SYNC FEATURE, OR ANY THIRD-PARTY SERVICE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) USD $10 OR (II) THE TOTAL AMOUNT YOU PAID, IF ANY, FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
WITHOUT LIMITING THE FOREGOING, LICENSOR WILL NOT BE LIABLE FOR ANY FAILURE TO DETECT, FLAG, ESCALATE, OR RESPOND TO ANY MENTAL HEALTH, SAFETY, SELF-HARM, VIOLENCE, OR OTHER HIGH-RISK SITUATION, OR FOR ANY FAILURE TO CONTACT ANY THIRD PARTY, EMERGENCY SERVICE, OR AUTHORITY.
Nothing in this Agreement excludes or limits rights that cannot be waived under applicable law. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to You.
APPLE APP STORE RESPONSIBILITIES
Licensor, not Apple, is responsible for addressing claims by You or any third party relating to the App or Your possession or use of it, including product liability claims, claims that the App fails to comply with legal or regulatory requirements, and claims under consumer protection, privacy, or similar legislation. This Agreement does not limit Licensor's liability beyond what applicable law permits.
If a third party claims that the App or Your possession or use of it infringes intellectual property rights, Licensor, not Apple, is solely responsible for investigating, defending, settling, and discharging that claim.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon Your acceptance, Apple has the right, and is deemed to have accepted the right, to enforce this Agreement against You as a third-party beneficiary.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Licensor from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or relating to Your use of the App, Your reliance on the App in an emergency or high-risk situation, Your violation of this Agreement, Your violation of any law, or Your violation of the rights of any third party, including claims arising from harassment, threats, violence, self-harm planning, unlawful conduct, or content that You export, publish, transmit, or share outside the App.
12. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER; TIME LIMIT
Informal Resolution First: Before filing any claim, You and Licensor agree to try in good faith to resolve the dispute informally. You must send written notice of the dispute to Licensor at the contact information listed below and allow at least thirty (30) days for discussion.
Binding Individual Arbitration: Except to the extent prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to the App or this Agreement will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if it qualifies. Unless the parties agree otherwise, the arbitration will be administered by the American Arbitration Association under its applicable consumer rules.
No Class Actions: To the maximum extent permitted by law, You and Licensor waive any right to participate in a class action, class arbitration, collective action, consolidated action, private attorney general action, or representative proceeding.
Venue for Non-Arbitrable Claims: If a claim is found not subject to arbitration, You agree to submit to the exclusive jurisdiction and venue of state and federal courts located in Colorado, except where applicable law does not permit that requirement.
One-Year Time Limit: To the maximum extent permitted by law, any claim arising out of or relating to the App or this Agreement must be brought within one (1) year after the claim arose, or it is permanently barred.
13. TERMINATION, REVOCATION, AND DEACTIVATION
This license is effective until terminated. Licensor may suspend, revoke, deactivate, or terminate Your access to the App if Licensor reasonably determines that the App has been used in connection with fraud, abuse, unauthorized transfer, attempts to bypass technical protections, violation of law, or violation of this Agreement. If Apple refunds, revokes, removes, or otherwise invalidates an App Store transaction or entitlement, access may be disabled. A refund, revocation, removal, or termination does not create any continuing right to use the App. Upon termination, all rights granted to You under this Agreement cease, and You must stop using the App. Where feasible and lawful, the App may continue to let You export locally stored journal data from Your own device for backup or recordkeeping after access deactivation.
14. THIRD-PARTY SOFTWARE AND SERVICES
You must comply with applicable third-party terms of agreement when using the App. Open-source license rights remain governed by the applicable component licenses.
The App may include, depend on, or interoperate with third-party software components, open-source packages, Apple frameworks, Apple services, map services, sync transports, and other third-party materials or services (collectively, "Third-Party Components").
Third-Party Components are licensed or provided under their own terms, notices, and availability conditions, which may impose additional obligations or grant additional rights. To the extent there is a conflict, the applicable third-party license controls for that Third-Party Component.
Licensor provides Third-Party Components "as is" and does not guarantee their availability, security, accuracy, legality, or continued compatibility.
15. ASSIGNMENT
Licensor may assign or transfer this Agreement, in whole or in part, without restriction. You may not assign or transfer this Agreement or any rights under it without Licensor's prior written consent.
16. EXPORT CONTROLS
You represent and warrant that You are not located in a country subject to a United States Government embargo or designated by the United States Government as a terrorist-supporting country, and that You are not listed on any United States Government list of prohibited or restricted parties.
You agree not to use, export, re-export, or transfer the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained or is used.
17. GOVERNING LAW / VENUE
This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Except as otherwise provided in Section 12, You agree to submit to the exclusive jurisdiction and venue of state and federal courts located in Colorado for any dispute arising out of or relating to this Agreement or the App.
18. SEVERABILITY
If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect.
19. ENTIRE AGREEMENT; CHANGES
This Agreement constitutes the entire agreement between You and Licensor regarding the App and supersedes all prior or contemporaneous understandings.
Licensor may update this Agreement from time to time. If Licensor makes material changes, the App or Licensor's distribution materials may require You to review and accept the updated Agreement before continuing to use the App. Continued use after an updated Agreement is made available constitutes acceptance of the updated Agreement to the extent permitted by law.
20. CONTACT
Foss Creative Ltd., 9200 E Mineral Ave Suite 100, Centennial, CO 80112, United States.
Phone: 720-372-2586
If You have questions about this Agreement, contact:
By using the App, You acknowledge that You have read and understood this Agreement and agree to be bound by it.
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