These Terms of Use ("Terms") govern your use of the PerpetualLetters iOS application (the "App"), provided by PerpetualWishes ("we", "us"). By downloading, installing, or using the App, you agree to these Terms.
1. Description and License
The App lets you compose, schedule, and share letters (text, audio, video, attachments) with recipients, including via Apple’s CloudKit sharing.
We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, subject to these Terms and Apple’s App Store Terms.
2. Apple Services
The App relies on Apple services including iCloud/CloudKit, App Store/StoreKit, and Push Notifications. Your use of those services is governed by Apple’s terms and policies.
Some features require an active iCloud account, network connectivity, and device permissions (e.g., Camera, Microphone, Photos).
3. Your Content and Conduct
You retain ownership of the content you create and upload. You are responsible for the content you compose, schedule, or share and for having necessary rights to share it with recipients.
You agree not to use the App to upload or share content that is unlawful, harmful, infringing, or violates the rights of others.
You are responsible for maintaining the confidentiality of device access controls and any passphrases you set for encrypted letters.
4. Sharing and Access Controls
When you share a letter via CloudKit, recipients you designate may access the shared letter subject to your chosen settings (e.g., early unlock allowed/disabled).
You may recall a shared letter or disable early unlock where supported; these actions affect recipient access to future or cached copies controlled by the App but cannot retroactively delete content outside of our control.
5. Local Vault and Security
The App may cache letter content and media locally on your device to improve performance. Local caches are encrypted at rest using AES-GCM (256-bit) with keys stored in the iOS Keychain.
Optional passphrase encryption is available for text letters; you are responsible for safeguarding your passphrase.
See the Privacy Policy for details about security, data handling, and planned security enhancements.
6. Purchases and Billing
The App may offer in-app purchases billed through Apple’s App Store. Apple manages payment processing and receipts.
Prices and availability are subject to change. Refunds, if any, are handled by Apple per their policies.
7. Availability and Reliability
The App depends on network connectivity and Apple’s services. Features may be delayed or unavailable due to network, device, or service conditions.
We use resumable/long-lived operations and offline queuing for reliability, but do not guarantee the timing or delivery of letters.
8. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE APP OR IN-APP PURCHASES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless PerpetualWishes from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your content, your use of the App, or your breach of these Terms.
11. Termination
We may suspend or terminate your access to the App if you violate these Terms or if required by law or service providers. You may stop using the App at any time.
12. Changes to the App and Terms
We may update the App and these Terms from time to time. Continued use after changes take effect constitutes acceptance of the updated Terms. We will update the “Effective date” when changes are made.
13. Governing Law
These Terms are governed by the laws of your country or state of residence to the extent required by local consumer law; otherwise by the laws of the State of California, excluding its conflicts of law rules. Venue shall be appropriate courts located in California, USA.