Terms of Service for ThoughtsAI

Last Updated: May 21, 2025

Welcome to ThoughtsAI! These Terms of Service ("Terms", "EULA") govern your use of the ThoughtsAI mobile application (the "App" or "Service"). The App and Service are provided by Karthik Karunanithy, an individual developer, operating under the name Fuzzy Logic Gaming Studio (hereinafter referred to as "Developer", "I", "Me", or "My"). By accessing or using the Service, you (the "End-User" or "You") agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Please also review the Privacy Policy, which describes how I collect, use, and share information about you.

1. Agreement to Terms & Acknowledgement with Apple

1.1. By downloading, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms, you must not use the Service.

1.2. Acknowledgement: You and the Developer acknowledge that this EULA is concluded between the Developer and You (the End-User) only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA does not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).

2. Scope of License & Use of the Service

2.1. License: The Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial purposes on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the "Usage Rules"). This license does not allow you to use the App on any Apple Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. Such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

2.2. Restrictions: You agree not to, and you will not permit others to:

3. User Accounts

If the App allows you to create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Me immediately of any unauthorized use of your account or any other breach of security. I will not be liable for any loss or damage arising from your failure to comply with this provision.

4. Subscriptions and Payments

The App may offer premium features through a subscription model ("Subscription"). Subscriptions are managed and processed through the Apple App Store platform, and are subject to Apple's terms and conditions for In-App Purchases.

Billing: You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the Subscription plan you select when purchasing the Subscription. Your Subscription will automatically renew under the same conditions unless you cancel it through your App Store account settings at least 24 hours before the end of the current subscription period.

Free Trial: I may, at My sole discretion, offer a Subscription with a free trial for a limited period. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for the free trial, you will not be charged until the free trial has expired. On the last day of the free trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees.

Fee Changes: The Developer, in My sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current billing cycle. I will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Cancellations & Refunds: You can cancel your Subscription renewal through your Apple App Store account settings. Except when required by law, paid Subscription fees are non-refundable.

5. Maintenance and Support

The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

6. Warranty

6.1. The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 9 (Disclaimers and No Warranties) of this EULA.

6.2. In the event of any failure of the Licensed Application to conform to any applicable warranty, You (the End-User) may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer’s sole responsibility.

7. Product Claims

You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of HealthKit and HomeKit frameworks (though ThoughtsAI does not currently use these frameworks). This EULA does not limit the Developer’s liability to You beyond what is permitted by applicable law.

8. Intellectual Property Rights

8.1. The Service and its original content (excluding User Content as defined below), features, and functionality are and will remain the exclusive property of the Developer and My licensors. The Service is protected by copyright, trademark, and other laws of various countries. My trademarks and trade dress (including the name "ThoughtsAI" and "Fuzzy Logic Gaming Studio") may not be used in connection with any product or service without My prior written consent.

8.2. Your Content ("User Content"): You retain ownership of any intellectual property rights that you hold in the content you create, submit, store, send, or receive through the App (e.g., your journal entries, tags). By using the App, particularly features involving AI processing, you grant Me a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, modify (e.g., to format for display or processing), transmit, and display Your Content solely for the purpose of operating, providing, and improving the AI features of the App to You. This license ends when you delete Your Content from the Service or terminate your account, except to the extent Your Content has been shared with others and they have not deleted it, or for residual copies stored in My backups for a limited period. I will not use Your Content for advertising or share it with third parties except as necessary to provide the Service (e.g., with AI Service Providers under strict confidentiality, as described in the Privacy Policy) or as required by law.

8.3. Third-Party Infringement Claims: You and the Developer acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

9. Disclaimers and No Warranties

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE DEVELOPER, ON MY OWN BEHALF AND ON BEHALF OF MY AFFILIATES (IF ANY) AND MY AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, THE DEVELOPER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. (This section should be read in conjunction with Section 6 regarding Apple's refund process for warranty failures).

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER OR MY AFFILIATES (IF ANY), OFFICERS (IF ANY), EMPLOYEES (IF ANY), AGENTS (IF ANY), SUPPLIERS (IF ANY) OR LICENSORS (IF ANY) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT I HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE DEVELOPER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO THE DEVELOPER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, IF ANY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Developer and My officers (if any), directors (if any), employees (if any), agents (if any), affiliates (if any), successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of these Terms.

12. Legal Compliance by End-User

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Third Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Application. For example, your use of the Service requires a data connection, and you must not be in violation of your wireless data service agreement when using the Application.

14. Termination

I may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account (if applicable), you may simply discontinue using the Service and cancel any active Subscriptions through the App Store.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to Terms

I reserve the right, at My sole discretion, to modify or replace these Terms at any time. If a revision is material, I will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at My sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

16. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. However, if you are a consumer, mandatory provisions of the law of the country in which you are resident will apply.

17. Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Developer. If a dispute is not resolved within 60 days of submission, You or the Developer may bring a formal proceeding. Any disputes arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of a recognized arbitration body agreed upon by both parties, or if no agreement, then as chosen by the Developer, in Malaysia. Each party will be responsible for its own arbitration fees. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Malaysia.

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Severability and Waiver

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and the Developer.

20. Third Party Beneficiary

You and the Developer acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

21. Contact Us

If you have any questions, complaints, or claims with respect to the Licensed Application or these Terms, please contact:

Developer Name: Karthik Karunanithy (operating as Fuzzy Logic Gaming Studio)
Address: Cantara Residences, Ara Damansara, 47301, Petaling Jaya, Selangor, Malaysia.
Email: fuzzylogicgamingstudio@gmail.com
Telephone: +60193154910