Terms of Use
Contemplation Inc., a Delaware corporation ("Company", "us", "our" or "we"), provides Monolog, a private journaling application that asks you one question each day and lets you record a private video or audio answer to it. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of any content, functionality, and services offered on or through our website www.monolog.co (the "Website") and Monolog (the "Mobile App", together with the Website, the "Platform").
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.monolog.co/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
The section below headed "Dispute Resolution and Arbitration" contains a binding arbitration agreement and a class action waiver that affect your legal rights. Please read it carefully. It does not apply to consumers resident in the European Economic Area, the United Kingdom, or Switzerland.
01 — Age Requirement
The Platform is offered and available only to users who are 16 years of age or older. By using the Platform, you represent and warrant that you are at least 16.
If you are 16 or 17 years of age, or otherwise under the age of majority where you live, you may use the Platform only with the involvement and consent of a parent or legal guardian, who must read and agree to these Terms of Use on your behalf. By using the Platform, you represent that you have obtained that consent. A parent or guardian who consents is responsible for the minor's use of the Platform under these Terms of Use.
If you are under 16, you must not access or use the Platform, and you must not provide any information to us.
02 — Changes to the Terms of Use
We may revise and update these Terms of Use from time to time. All changes are effective when we post them, and apply to all access to and use of the Platform thereafter. For material changes we will give notice within the Mobile App or by email to the address associated with your account before the change takes effect.
Your continued use of the Platform following the effective date of revised Terms of Use means that you accept the changes. If you do not accept them, you must stop using the Platform and may delete your account.
03 — What Monolog Is
Monolog presents one question per day. You may record a video or audio answer and keep it.
Your recordings stay on your device. Recordings are written to your phone's own storage. They are not uploaded to us, and we have no ability to access, play, review, transcribe, or copy them. This is described in more detail under "Your Recordings" below.
Monolog is not a social platform. There is no feed, no sharing between users, no followers, no public profiles, no comments, and no way for any other user to see your entries or know that you have made them.
The day's question expires at your local midnight. There is no backfilling of past days. This is a deliberate product rule, not a defect.
We do not sell advertising and do not display third-party advertising in the Mobile App.
04 — Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
To use the Mobile App you must create an account using Sign in with Apple, Sign in with Google, or an email address and password. It is a condition of your use of the Platform that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Platform is governed by our Privacy Policy at www.monolog.co/privacy.
You must treat your password and any other security credentials as confidential and must not disclose them to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to the Platform using your credentials. You agree to notify us promptly at support@monolog.co of any unauthorized access to or use of your account.
You are responsible for making all arrangements necessary for you to have access to the Platform, including a compatible device and internet access.
We have the right to disable any account credential, whether chosen by you or provided by us, where we reasonably believe you have violated these Terms of Use, where required by law, or where necessary to protect the Platform or other users.
You may delete your account at any time from within the Mobile App. Account deletion removes the recordings stored on your device, your entry records, and your account, permanently and irreversibly.
05 — Your Recordings
You own your recordings. They are yours. You grant us no licence to them, because we never receive them. Recordings are stored only in the Mobile App's storage on your device and are included in your device's ordinary backup, for example iCloud Backup or Google's device backup, if you have enabled it. Those backups are provided by Apple or Google under their own terms, not by us.
We do not receive, review, or moderate recordings. We could not do so if we wished to. Because of this, provisions common to platforms that host user content — content review, takedown of individual posts, and moderation of shared material — do not apply to your recordings.
We do store limited information about each entry. So that your library, day count, and past-answer history survive reinstalling the app or moving to a new phone, we store on our servers a small record of each entry: the day number, the local date, which question was answered, the media type, duration, file size, pixel dimensions, and the file's name on your device. This record contains no part of the recording itself. Our database enforces, at the database level, that only your account can read your own records. You grant us a limited licence to store and process this information solely to operate the Platform for you.
We cannot recover your recordings, ever. If you delete an entry, delete the Mobile App, delete your account, reset your device, or lose your device, the recordings on it are gone and cannot be restored by us. An entry whose file is no longer present on a device will still appear in your library with its day number and question, and will say plainly that the recording is not on that device. The Mobile App provides an export function for a single entry and for your full archive. Exporting is the only way to move recordings off your device, and maintaining your own copies is your responsibility.
You are responsible for what you record. You represent that your recordings do not and will not violate any applicable law or the rights of any other person, including rights of privacy and publicity of anyone appearing in or identifiable from a recording.
06 — Purchases
Monolog is free to download and free to use for your first five kept entries. After that, a single one-time purchase of $20, or the equivalent in your local currency, unlocks the app permanently. There is no subscription and no recurring charge.
The unlock is a non-consumable in-app purchase sold and processed by the Apple App Store or Google Play, and billed to the account you use with that store. We do not collect or store your payment card details.
The unlock is tied to your Apple or Google account and can be restored on your other devices using the Restore Purchases control in Settings.
Entries you have already kept are never locked, hidden, or deleted. The unlock applies to new recordings only.
We may change the price for future purchasers. A price change never affects a purchase you have already made and never converts your purchase into a recurring charge.
Refunds are handled by Apple or Google under their respective policies, and requests must be made to them. We are not able to issue refunds for purchases made through the app stores. Nothing in this section limits any refund or cancellation right you have under applicable law, including the rights described under "Consumers in the EEA, UK and Switzerland" below.
Applicable taxes are handled by the app store at the time of purchase.
We may modify or discontinue features of the Platform. If we discontinue the Mobile App entirely, your recordings remain on your device and the export function remains the means of preserving them. Our obligations in that event are limited to what applicable law requires.
07 — Notifications
If you enable the daily reminder, the Mobile App will schedule one local notification per day at a time you choose, containing the day number and that day's question. It is the only notification the app sends.
The notification may be visible on your lock screen depending on your device settings. You can turn the reminder off at any time in Settings, and you can control notification display through your device's operating system settings.
08 — Company Content
The Platform and its entire contents, features, and functionality — including the daily questions, all text, software, displays, images, audio, and the design, selection, and arrangement thereof — are owned by the Company, its licensors, or other providers of such material and are protected by United States, United Kingdom, European, and international copyright, trademark, patent, trade secret, database, and other intellectual property laws (the "Company Content"). Company Content does not include your recordings.
Subject to these Terms of Use, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable licence to access and use the Platform and Company Content solely for your personal, non-commercial use. We reserve all rights not expressly granted.
Except as expressly permitted under these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company Content. Exporting or sharing your own recordings, including the question text shown alongside them, is permitted for your personal use.
09 — Trademarks
The Company name, the Company logo, the Monolog name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
10 — Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to:
- Use the Platform for any commercial purpose.
- Use the Platform in any way that violates any applicable federal, state, local, national, or international law or regulation, including any laws regarding the export of data or software.
- Use the Platform to exploit or harm, or attempt to exploit or harm, a minor in any way.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- Delete or alter any copyright, trademark, or other proprietary rights notices.
- Use the Platform in any manner that could disable, overburden, damage, or impair it, or interfere with any other party's use of it.
- Use any robot, spider, or other automatic device, process, or means to access the Platform, or any manual process to monitor or copy material on the Platform, for any purpose not expressly authorized in these Terms of Use.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, the servers on which it relies, or any connected database, including any attempt to access another user's account or records.
- Attack the Platform via a denial-of-service or distributed denial-of-service attack.
- Reverse engineer, decompile, or disassemble the Mobile App except to the extent that applicable law expressly permits despite this limitation.
11 — Termination
We may terminate or suspend your access to all or part of the Platform where you have materially violated these Terms of Use, where required by law, or where necessary to protect the Platform, us, or others. Where reasonably possible and lawful, we will give you notice and an opportunity to remedy the problem first. We may take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform.
If your access is terminated, the recordings on your device remain on your device. Termination does not delete them, and you may continue to export them using the operating system's own file and sharing tools where available.
12 — No Professional Advice
Monolog is a journaling tool. Its questions invite personal reflection and some of them touch on difficult subjects, including loss, fear, regret, and mortality. The Platform is not a medical device and does not provide medical, psychological, psychiatric, therapeutic, or other professional advice, diagnosis, or treatment, and it is not a substitute for care from a qualified professional.
If you are struggling, please contact a qualified professional. In the United States you can call or text 988 to reach the Suicide and Crisis Lifeline. In the United Kingdom and Ireland you can call Samaritans free on 116 123. In much of the European Union, 116 123 also reaches an emotional support line.
13 — Copyright Infringement
If you believe that material on the Platform violates your copyright, please contact us at support@monolog.co for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the accounts of repeat infringers.
14 — Apple and Google
These Terms of Use are between you and the Company only, and not with Apple Inc. or Google LLC. Your use of the Mobile App is also subject to the terms of the app store from which you obtained it.
You acknowledge that Apple and Google have no obligation to furnish any maintenance or support services for the Mobile App, and that in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Mobile App.
Apple and Google are not responsible for addressing any claims by you or any third party relating to the Mobile App, including product liability claims, any claim that the Mobile App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple and Google are not responsible for the investigation, defence, settlement, or discharge of any third-party claim that the Mobile App infringes that third party's intellectual property rights.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance, Apple will have the right to enforce these Terms of Use against you as a third-party beneficiary.
15 — Reliance on Information Posted
The questions and other information presented on or through the Platform are made available solely for general reflection and information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.
16 — Where We Provide the Platform
The Company is based in the United States. We offer the Platform for use in the United States, the European Economic Area, the United Kingdom, and Switzerland. We make no claim that the Platform or its content is appropriate or available for use in other locations. If you access the Platform from elsewhere, you do so on your own initiative and are responsible for compliance with local law.
17 — Consumers in the EEA, UK and Switzerland
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, this section applies and prevails over anything inconsistent elsewhere in these Terms of Use.
Your statutory rights are unaffected. Nothing in these Terms of Use excludes or limits your mandatory rights under the consumer law of your country of residence, including your rights in relation to digital content that is not as described, not of satisfactory quality, or not fit for purpose. Where those laws give you a remedy, you keep it.
Right of withdrawal. You normally have 14 days from purchase to withdraw from a contract for digital content without giving a reason. Because the unlock takes effect immediately, you are asked to consent to immediate performance at the point of purchase and to acknowledge that you thereby lose your right of withdrawal. Where your app store operates its own withdrawal or refund process, exercise it there. Apple and Google are the sellers of record for in-app purchases.
Liability. Nothing in these Terms of Use limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded. Where our liability is limited, it is limited to loss that was reasonably foreseeable at the time you entered into these Terms of Use.
Law and forum. The choice of Delaware law below does not deprive you of the protection of the mandatory provisions of the law of your country of residence. You may bring proceedings in the courts of your country of residence, and mandatory local rules on jurisdiction apply in your favour.
Arbitration does not apply to you. The section headed "Dispute Resolution and Arbitration" below does not apply to consumers resident in the EEA, the UK, or Switzerland.
Complaints. Please raise any complaint with us first at support@monolog.co. If we cannot resolve it, you may be entitled to refer the matter to a consumer dispute body in your country, and you may complain about our handling of your personal data to your data protection authority, as described in our Privacy Policy.
18 — Disclaimer of Warranties
This section applies to the fullest extent permitted by law and does not apply to consumers in the EEA, UK, or Switzerland to the extent it conflicts with mandatory consumer law.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM, OR THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY RECORDING WILL BE PRESERVED, REMAIN PLAYABLE, OR BE RECOVERABLE. RECORDINGS ARE STORED ON YOUR DEVICE AND WE HAVE NO COPY OF THEM. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS AND EXPORTS OF ANYTHING YOU WISH TO KEEP.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19 — Limitation on Liability
This section applies to the fullest extent permitted by law and is subject to the section headed "Consumers in the EEA, UK and Switzerland" above.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY OR THROUGH AN APP STORE FOR THE MOBILE APP.
THIS INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF, DAMAGE TO, OR INABILITY TO ACCESS ANY RECORDING.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD.
20 — Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms of Use, your unlawful use of the Platform, or your recordings.
21 — Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Who this applies to. This section applies to you if you are resident in the United States. It does not apply to consumers resident in the European Economic Area, the United Kingdom, or Switzerland, whose disputes are governed by the section headed "Consumers in the EEA, UK and Switzerland" above.
Informal resolution first. Before starting an arbitration, you agree to try to resolve the dispute informally. Send a written notice to support@monolog.co describing the dispute and the relief you seek, and include your name and the email address on your account. We will do the same if we have a claim against you. Both of us agree to negotiate in good faith for 60 days from the date the notice is sent. Most concerns are resolved this way. This step is a condition of starting an arbitration, and the limitations period is tolled while it runs.
Agreement to arbitrate. If we cannot resolve the dispute informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Privacy Policy, or the Platform — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms of Use — will be resolved by binding individual arbitration rather than in court, except as set out below.
Rules and forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this section. The rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. It may be conducted by telephone, by video conference, or on written submissions. If an in-person hearing is required, it will take place in the county where you live or another mutually agreed location. The arbitrator may award any relief that a court could award to you individually, including statutory damages and attorneys' fees where a statute provides them. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Costs. We will pay the arbitration filing, administration, and arbitrator fees for any claim seeking $10,000 or less, unless the arbitrator finds the claim frivolous. Above that amount, fees are allocated under the AAA rules. Each party otherwise bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.
What is excluded. Either of us may bring an individual claim in small claims court if it qualifies, instead of arbitration. Either of us may also seek injunctive or other equitable relief in court to protect intellectual property rights or to address unauthorized access to or misuse of the Platform. Nothing in this section prevents you from reporting a matter to a government agency.
Class action and jury trial waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL. If a court decides that this waiver is unenforceable as to a particular claim or a particular request for relief, that claim or request will be severed and proceed in court, and the remaining claims will still be arbitrated.
Your right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms of Use by emailing support@monolog.co with the subject line "Arbitration Opt-Out" and including your name and the email address on your account. Opting out has no effect on your use of the Platform, costs nothing, and will not be held against you in any way. If you opt out, the section headed "Governing Law and Jurisdiction" applies to your disputes. If we later materially change this section, you may reject the change by notifying us within 30 days, and the version you previously agreed to will continue to apply.
Survival and severability. This section survives termination of these Terms of Use and deletion of your account. If any part of it other than the class action waiver is found unenforceable, that part is severed and the rest remains in effect.
22 — Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Subject to the section headed "Dispute Resolution and Arbitration" above, any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in the State of Delaware, and you waive any objection to jurisdiction or venue in those courts.
This section does not deprive you of any protection afforded by the mandatory law of your country or state of residence, and does not prevent you from bringing a qualifying claim in your local small claims court. For consumers resident in the EEA, the UK, or Switzerland, see the dedicated section above.
23 — Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
24 — Entire Agreement
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
25 — Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to support@monolog.co.