Dyrii Terms of Service

Before you use Dyrii Application, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

Although we may attempt to notify you via your email address and the Dyrii Help Desk when major changes are made, you should visit this page periodically to review the terms.

Dyrii may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you should not use the Dyrii service. In the event of an inconsistency between the Dyrii Terms of Use (available at http://dyrii.com/terms) or the Dyrii Privacy Policy (available at http://dyrii.com/privacy), the Dyrii Terms of Use shall take precedence. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service.

Dyrii is a mobile and macOS application that used Apple iCloud for data storage. You understand and agree that the Application may include advertisements or other related information, as further described below and in the Dyrii Privacy Policy. In addition, you understand and agree that the Application is provided on an AS IS and AS AVAILABLE basis. Dyrii disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Dyrii also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Personal Use

The Service is made available for personal use only. In order to use this service:

3. Proper Use

You agree that you are responsible for your own journal entries and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, promote or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Dyrii; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Dyrii reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content of the Service. Dyrii takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Dyrii have any obligation to monitor such third party content. Dyrii reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Dyrii also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Dyrii, its users and the public. Dyrii will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

4. Your Intellectual Property Rights.

Dyrii does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, or store in your Dyrii account. We will not use any of your content for any purpose except to provide you with the Service.

5. Representations and Warranties

You represent and warrant that (a) all of the information provided by you to Dyrii to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

6. Privacy

As a condition to using the Service, you agree to the terms of the Dyrii Privacy Policy as it may be updated from time to time. Dyrii understands that privacy is important to you. You do, however, agree that Dyrii may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Dyrii Privacy Policy. Personal information collected by Dyrii may be stored and processed in the United States or any other country in which Dyrii LLC. or its agents maintain facilities. By using Dyrii, you consent to any such transfer of information outside of your country.

7. Advertisements

As consideration for using the Service, you agree and understand that Dyrii may in the future display ads and other information adjacent to your journal entries either on the website or within the application. Dyrii may choose at some point to serves ads using an automated process. No human will ever read the content of your entries in order to target such advertisements, or for any other purpose without your consent, and no journal content or other personally identifiable information will be provided to advertisers as part of the Service.

8. Account Inactivity.

If a user fails to login to their account for a period of twelve (12) months, Dyrii reserves the right to disable or terminate a user's account for inactivity. If an account has been deactivated for inactivity, the username address associated with that account may be given to another user without notice to you or such other party.

9. Termination by User.

You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Dyrii; provided, however, that a terminated account may continue to exist for up to five business days before such cancellation takes effect.

10. Termination by Dyrii.

Dyrii may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any entries, files, or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Dyrii has previously canceled or terminated your use of the Services (in which case subsequent notice by Dyrii shall not be required), if you have provided a current and active email address with your account profile, Dyrii will notify you via email of any such termination or cancellation, which shall be effective immediately upon Dyrii's delivery of such notice. Sections 3, 4, 5, 6, 11, and 12 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. Indemnification.

You agree to hold harmless and indemnify Dyrii, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Dyrii will provide you with written notice of such claim, suit or action.

12. Choice of Law; Jurisdiction.

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts.

If you have any questions that are not covered here, please contact us at support@dyrii.com

This policy was last modified on January 1, 2019