Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Kudos Journal ("the app"), you agree to be bound by these Terms of Service ("Terms"). Kudos Journal is developed and operated by Low Latency Labs LLC ("we," "us," or "our"), a limited liability company registered in the state of Illinois, USA. If you do not agree to these Terms, do not use the app.

2. Service Description

Kudos Journal is a personal journal app for collecting and reflecting on praise. The app allows you to:

• Create and organize books of praise entries.
• Log your own praise entries with text, tags, and other content.
• Share invite links so that others can submit praise to you.
• Reflect on past praise through resurfacing features.
• Export your books as PDF files.

Kudos Journal is a private, personal tool. There is no social feed, no user directory, and no way for other users to discover or view your books.

3. User Accounts

To use Kudos Journal, you must sign in with your Apple Account using Sign in with Apple. By signing in, you authorize the app to receive an opaque, app-specific user identifier from Apple. We do not receive your Apple ID password, and we only receive your email address or name if you explicitly choose to share them during the Sign in with Apple flow.

You are responsible for maintaining the security of your Apple Account. We are not liable for any loss arising from unauthorized access to your Apple Account.

4. Content Ownership

You retain full ownership of all content you create in Kudos Journal, including praise entries, book titles, tags, and any other user-generated content. We claim no intellectual property rights over your content.

When someone submits praise to you through an invite link, the submitted content becomes part of your personal collection once you accept it. We do not claim ownership of praise submitted by others.

5. Acceptable Use

You agree not to use Kudos Journal to:

• Harass or abuse others: Do not use invite links to solicit unwanted contact, send threatening or abusive messages, or pressure others into writing praise.
• Send spam: Do not distribute invite links in bulk or use them for unsolicited commercial purposes.
• Distribute illegal content: Do not use the app to store, transmit, or share content that violates applicable laws.
• Interfere with the service: Do not attempt to reverse engineer the app, exploit vulnerabilities, or interfere with CloudKit or other Apple services used by the app.

We reserve the right to investigate and take appropriate action against anyone who violates these terms, including removing access to the service.

6. Intellectual Property

The Kudos Journal name, logo, app design, and all associated intellectual property are owned by us. You may not use our trademarks, branding, or app assets without prior written permission. These terms do not grant you any rights to our intellectual property except the limited right to use the app as intended.

7. Disclaimers

Service Provided "As Is": Kudos Journal is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the app will be uninterrupted, error-free, or that data will never be lost.

No Guarantees of Outcome: We make no representations or warranties that using Kudos Journal will improve your self-esteem, confidence, mental health, professional performance, or any other personal outcome. Any benefits derived from using the app are subjective and individual. You acknowledge that the app is a tracking and organizational tool and that no specific results are promised or guaranteed.

Third-Party Content: When others submit praise to you through invite links, that content is authored by them, not by us. We are not responsible for the accuracy, appropriateness, or nature of content submitted by others. You have full control to accept or decline any submitted praise.

Data Loss: While the app uses Apple's infrastructure (SwiftData and CloudKit) for data storage and syncing, we cannot guarantee that your data will never be lost, corrupted, or become inaccessible. You are solely responsible for maintaining backups of content that is important to you, including by using the app's PDF export feature.

8. Assumption of Risk

You acknowledge and agree that:

• Using an app that involves emotional content (such as praise, self-reflection, and interpersonal feedback) carries inherent emotional risks.
• Content submitted by others through invite links may not always be positive, accurate, or welcome, despite the app's intended purpose.
• Reflecting on past praise or the absence thereof may evoke a range of emotional responses.
• You use Kudos Journal voluntarily and at your own risk.

Low Latency Labs LLC shall not be held liable for any emotional distress, psychological harm, or other adverse effects arising from your use of the app or any content created, received, or viewed within it.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Low Latency Labs LLC, its members, managers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, loss of goodwill, emotional distress, or any damages arising from reliance on the app or its content, arising out of or in connection with your use of or inability to use the app, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory.

Our total aggregate liability for any claims arising from or related to these Terms or the app shall not exceed the total amount you paid to Low Latency Labs LLC in the twelve (12) months preceding the claim. If you have not made any payments, our aggregate liability shall not exceed fifty US dollars ($50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Low Latency Labs LLC, its members, managers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or inability to use Kudos Journal.
• Any content you create, submit, or share through the app, including praise entries and invite links.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of any third party's rights, including intellectual property or privacy rights.

11. Dispute Resolution & Arbitration

Informal Resolution First: Before initiating any formal dispute resolution, you agree to contact us at [email protected] and attempt to resolve any dispute informally for at least thirty (30) days. Most concerns can be resolved this way.

Binding Arbitration: If a dispute cannot be resolved informally, you and Low Latency Labs LLC agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms or the app through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Sangamon County, Illinois, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND LOW LATENCY LABS LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

Exceptions: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement.

12. Termination

You may stop using Kudos Journal at any time by deleting the app from your device. To delete your account and associated data, use the account deletion option within the app's settings.

We may suspend or terminate your access to Kudos Journal if you violate these terms. Upon termination, your right to use the app ceases immediately. Data stored in your iCloud Private Database remains in your Apple Account and is managed by you through Apple's iCloud settings.

13. Apple's Standard EULA

Kudos Journal is distributed through the Apple App Store. As such, Apple's standard End User License Agreement (EULA) applies to your use of the app as a supplement to these terms. In the event of a conflict between Apple's EULA and these terms, Apple's EULA shall take precedence to the extent required by Apple's guidelines. Apple's EULA is available at apple.com/legal/internet-services/itunes/dev/stdeula.

14. Changes to These Terms

We may update these Terms of Service from time to time. When we do, we will revise the effective date at the top of this page. Your continued use of Kudos Journal after changes are posted constitutes your acceptance of the revised terms. For material changes, we will provide notice through the app.

We encourage you to review these terms periodically.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms (as an exception to arbitration), you consent to the exclusive jurisdiction and venue of the state and federal courts located in Sangamon County, Illinois.

16. Force Majeure

Low Latency Labs LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, power outages, Apple service disruptions, or other force majeure events.

17. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Apple's Standard EULA, constitute the entire agreement between you and Low Latency Labs LLC regarding your use of Kudos Journal. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the app.

19. Contact Us

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