Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and beinghumans.dev ("we," "us," or "our") regarding your use of Obsidian Stickies Pro.

By using the App, you represent that:

• You are at least 4 years of age
• You have the legal capacity to enter into this agreement
• You will comply with all applicable laws and regulations
• You will use the App only for lawful purposes

2. License Grant

2.1 Limited License

Subject to your compliance with these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the App for personal, non-commercial purposes
• Access and use the features of the App in accordance with these Terms

2.2 License Restrictions

You may NOT:

• Modify or Copy: Modify, copy, or create derivative works based on the App
• Reverse Engineer: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Distribute: Distribute, sublicense, lease, rent, loan, or transfer the App to any third party
• Commercial Use: Use the App for any commercial purpose without written permission
• Share Accounts: Share your subscription account with others
• Remove Attribution: Remove, obscure, or alter any copyright, trademark, or other proprietary notices

3. Subscription and Payment

3.1 Subscription Plans

Obsidian Stickies Pro is available through the following subscription options:

• Monthly Subscription: Billed monthly, automatically renews unless cancelled
• Annual Subscription: Billed yearly, automatically renews unless cancelled
• Free Trial: Available for new users (if applicable), converts to paid subscription unless cancelled before trial ends

3.2 Payment Processing

All payments are processed through the Apple App Store. You agree to:

• Provide accurate and complete payment information
• Pay all subscription fees when due
• Be responsible for all charges incurred under your account
• Comply with Apple's Terms of Service for the App Store

3.3 Auto-Renewal

3.4 Free Trial

If you sign up for a free trial:

• You can cancel anytime during the trial period without charge
• If not cancelled, the trial will automatically convert to a paid subscription
• You will be charged at the end of the trial period unless cancelled
• Free trials are limited to one per user

3.5 Price Changes

We reserve the right to change subscription prices at any time. Price changes will:

• Not affect your current subscription period
• Apply at your next renewal date
• Be communicated to you in advance through the App Store

4. Cancellation and Refunds

4.1 How to Cancel

You can cancel your subscription at any time by:

1. Opening the App Store on your Mac
2. Going to your account settings
3. Selecting "Subscriptions"
4. Choosing Obsidian Stickies Pro and selecting "Cancel Subscription"

Upon cancellation, you will retain access to the App until the end of your current billing period.

4.2 Refund Policy

All purchases are subject to Apple's standard refund policy. To request a refund:

• Visit reportaproblem.apple.com
• Sign in with your Apple ID
• Find the purchase and request a refund

We do not process refunds directly. All refund requests must be made through Apple.

4.3 Effect of Cancellation

After your subscription ends:

• You will no longer have access to premium features
• Your local data remains accessible and is not deleted
• You can re-subscribe at any time to regain full access
• No data will be lost due to subscription cancellation

5. User Data and Privacy

5.1 Data Storage

Obsidian Stickies Pro stores all user data locally on your device:

• Notes, sticky content, and settings are stored on your Mac
• No user content is transmitted to our servers
• We do not have access to your notes or personal information
• You maintain complete ownership and control of your data

5.2 Data Export

You can export your data from the App at any time:

• Full export functionality is available in the App settings
• Exported data is in standard, portable formats
• You can back up your data independently at any time

5.3 Privacy Policy

Our use of any information collected through the App is governed by our Privacy Policy, available at Privacy Policy. By using the App, you consent to the practices described in the Privacy Policy.

6. Integration with Obsidian

6.1 Third-Party Application

Obsidian Stickies Pro integrates with the Obsidian note-taking application:

• Obsidian is a separate third-party application developed by Dynalist Inc.
• You must separately install and license Obsidian to use integration features
• We are not affiliated with, endorsed by, or sponsored by Dynalist Inc. or Obsidian
• Your use of Obsidian is subject to Obsidian's own terms and conditions

6.2 Integration Requirements

To use Obsidian integration features:

• You must have a valid Obsidian installation on your device
• You must configure the integration settings in the App
• You are responsible for ensuring compatibility between versions
• We are not responsible for issues arising from Obsidian updates or changes

7. Acceptable Use Policy

7.1 Prohibited Activities

You agree NOT to use the App to:

• Illegal Activities: Engage in any illegal activities or violate any laws
• Harmful Content: Create, store, or distribute harmful, abusive, or offensive content
• Infringement: Infringe upon intellectual property rights of others
• Security Violations: Attempt to breach security or interfere with the App's operation
• Malicious Use: Upload or distribute viruses, malware, or other harmful code
• Impersonation: Impersonate any person or entity

7.2 Consequences of Violations

Violation of these Terms may result in:

• Immediate termination of your license
• Suspension or termination of your account
• Legal action if warranted
• No refund of subscription fees

8. Intellectual Property Rights

8.1 App Ownership

The App and all its components are owned by beinghumans.dev:

• All source code, design, graphics, and content are proprietary
• Protected by copyright, trademark, and other intellectual property laws
• No rights are granted except the limited license specified in Section 2

8.2 User Content

You retain all ownership rights to content you create using the App:

• Your notes, sticky content, and settings belong to you
• We do not claim any ownership over your content
• You are responsible for backing up your own content

8.3 Trademarks

"Obsidian Stickies Pro," "beinghumans.dev," and associated logos are trademarks of beinghumans.dev. You may not use these trademarks without our prior written permission.

9. Disclaimers and Warranties

9.1 "As Is" Basis

9.2 No Warranty of Uninterrupted Service

We do not warrant that:

• The App will be error-free or uninterrupted
• Defects will be corrected
• The App will meet your specific requirements
• The App will be compatible with all hardware or software
• Data loss will not occur

9.3 Backup Responsibility

You are solely responsible for:

• Backing up your data regularly
• Ensuring data is not lost due to device failure or software issues
• Maintaining your own copies of important information

10. Limitation of Liability

10.1 No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEINGHUMANS.DEV BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our servers
• Damages resulting from interruption or cessation of the App
• Damages resulting from bugs, viruses, or other harmful components

10.2 Maximum Liability

Our total liability to you for all claims arising from or relating to these Terms or the App shall not exceed the amount you paid for the subscription in the twelve (12) months preceding the claim.

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Updates and Changes to the App

11.1 App Updates

We may release updates, upgrades, or new features for the App:

• Updates may be automatic or require manual installation
• We are not obligated to provide updates
• Updates may change features or functionality
• Continued use after updates constitutes acceptance of changes

11.2 Compatibility

The App requires:

• macOS (specific version requirements available on App Store)
• You are responsible for ensuring your system meets minimum requirements
• We may discontinue support for older operating system versions

12. Termination

12.1 Termination by You

You may terminate this agreement at any time by:

• Cancelling your subscription
• Uninstalling the App from your device
• Ceasing all use of the App

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without notice, for:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• If required by law

12.3 Effect of Termination

Upon termination:

• Your license to use the App terminates immediately
• You must cease all use of the App
• No refunds will be provided (except as required by law)
• Sections that should survive termination will remain in effect

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.

13.2 Jurisdiction

You agree that any dispute arising from or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Singapore.

13.3 Dispute Resolution

Before filing any legal action, you agree to first contact us at support@beinghumans.dev to attempt to resolve the dispute informally.

14. Apple App Store Terms

14.1 Acknowledgment

You acknowledge that:

• These Terms are between you and beinghumans.dev, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing any claims relating to the App
• Apple is not responsible for investigating, defending, settling, or discharging any third-party claim

14.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

14.3 Apple Terms

You must comply with applicable third-party terms when using the App, including Apple's App Store Terms of Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

15.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

15.3 Severability

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

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We will not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

16. Contact Information

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

17. Acceptance of Terms