Terms and Conditions

1. Acceptance of Terms

Welcome to Fragments, a dream journal application ("App") owned and operated by Tonic Works LLC ("Company", "we", "us", or "our"). By accessing or using the Fragments mobile application, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.

2. Description of Service

Fragments is a mobile application that allows you to capture and organize dream entries in a visual, fragment-based format. The App provides features including but not limited to:

• Capturing short dream "fragments" and optional titles
• Organizing and connecting fragments in a visual mind map
• Viewing your dream history in a calendar
• Full-text search across your dream entries
• Optional local reminders (e.g., daily reminder, streak nudges)
• Sharing a dream with others via a link that contains a copy of that dream's content

The current version of the App is free and stores all data locally on your device. No account is required. There are no cloud backup or sync features in this version.

3. Eligibility

You must use the App only in accordance with applicable laws. By using the App, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• You will not use the App for any unlawful or prohibited purpose

Fragments is not directed at children. We do not collect personal information from any user; the App stores data only on your device.

4. No Account Required

4.1 Current Version

The App does not require an account in the current version. We do not maintain user accounts or logins for the core journal functionality. All data you create is stored locally on your device.

4.2 Your Responsibility for Data

You are responsible for your device and any local data. We do not have access to or control over data stored only on your device. Because there is no cloud sync in the current version, we cannot restore your data if you lose your device or uninstall the App. Use your device's backup and storage settings as you see fit.

5. User Conduct and Responsibilities

5.1 Acceptable Use

You agree to use Fragments only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App in any way that violates applicable laws or regulations
• Use the App to store, share, or distribute content that is illegal, harmful, or that infringes others' rights
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the App or related systems
• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or create derivative works of the App
• Use the App for any commercial purpose without our express written consent
• Interfere with or disrupt the App

5.2 Your Content

You are solely responsible for all content you create, store, or share using the App. We are not responsible for any content you create or for how others use links or content you share.

5.3 Sharing

When you share a dream via the App's share feature, you are responsible for who receives the link and what content it contains. The link carries an encoded copy of the dream you chose to share. We do not host or store that content on our systems. Anyone with the link can view that dream; do not share links with people you do not trust.

6. Future Features and Premium Plans

We may in the future offer premium or paid features, which could include cloud backup, sync across devices, or other functionality that involves storing data on our or third-party systems. Such features are not part of the current build. If we introduce them:

• Additional terms and a separate or updated privacy policy may apply
• Payment terms (e.g., subscription, one-time purchase) will be disclosed at the time of offer, including through the App Store
• Your use of those features will constitute acceptance of the applicable terms

Until then, the App remains free and local-only as described in these Terms and the Privacy Policy.

7. Intellectual Property Rights

7.1 Our Rights

The App, including its name "Fragments," all content, features, functionality, and design, is owned by Tonic Works LLC and protected by United States and international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, revocable license to use the App for your personal, non-commercial use in accordance with these Terms. You may not:

• Copy, modify, or distribute the App or its content
• Use our trademarks, logos, or brand names without permission
• Remove any copyright or proprietary notices

7.2 Your Rights

You retain ownership of all data and content you create using the App. We do not claim ownership of your dream entries, fragments, or journal content. In the current version, we do not store or process your content on our servers.

8. Privacy

Your use of Fragments is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we handle your information. In the current version, we do not collect, store, or process your personal data on our servers; your data stays on your device unless you choose to share it.

9. Disclaimers

9.1 Service Availability

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The App will be uninterrupted, secure, or error-free
• Defects will be corrected
• The App is free of viruses or other harmful components
• The results obtained from using the App will meet your requirements

9.2 Third-Party Services

We are not responsible for:

• The availability or accuracy of third-party services (e.g., the Apple App Store)
• Any loss or damage resulting from third-party services
• Your device's backup, storage, or operating system behavior

9.3 Your Content

We are not responsible for any content you create, store, or share using the App, or for how others use links or content you share.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONIC WORKS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or loss of business opportunities
• Any damages arising from your use or inability to use the App
• Loss of data resulting from device loss, app deletion, or failure to back up your device

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM (OR, IF THE APP IS FREE, ZERO).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tonic Works LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you create, store, or share using the App

12. Termination

12.1 Termination by You

You may stop using the App at any time by uninstalling the App from your device. You may also delete individual dreams or fragments within the App. We do not retain copies of your data on our systems.

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including if you breach these Terms.

12.3 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• Provisions that by their nature should survive termination will remain in effect (including Sections 7, 9, 10, 11, 14, and 15)

Your data remains on your device until you delete the App or the data; we do not have access to or control over that data.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App or on our website
• Updating the "Last Updated" date

Your continued use of the App after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state of the Company's principal place of business, without regard to conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the App shall be resolved through good faith negotiation between the parties. If negotiation fails, the parties may pursue such remedies as are available under applicable law.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tonic Works LLC regarding the App.

15.2 Severability

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

15.3 Waiver

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

15.4 Assignment

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

15.5 Contact Information

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

Tonic Works LLC
Email: tonicworksllc@gmail.com
Website: https://www.tonicworks.dev

16. App Store Terms

If you downloaded the App from the Apple App Store, you acknowledge that:

• These Terms are between you and Tonic Works LLC, not with Apple Inc.
• Apple is not responsible for the App or its content
• Apple has no obligation to provide maintenance or support for the App
• To the extent permitted by the App Store terms, Apple has no warranty obligation
• Any claims relating to the App are directed to Tonic Works LLC, not Apple
• You represent that you are not located in a country subject to a U.S. government embargo and are not on any list of prohibited or restricted parties
• Your use of the App is subject to the Apple App Store Terms of Service

17. Export Compliance

You may not use or export the App in violation of U.S. export laws and regulations. You represent that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

By using Fragments, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.