Terms of Service

Last Updated: January 21, 2025

1. Acceptance of Terms

By creating an account, downloading, installing, or using Haunting Fog, you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and Haunting Fog ("we", "us", "our").

2. Eligibility

To use our Service, you must:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account using:

• Email and password
• Google Sign-In
• Apple Sign-In

3.2 Account Responsibilities

You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Immediately notify us of any unauthorized access
• Accept responsibility for all activities under your account
• Not share your account with others
• Not create multiple accounts to abuse our services

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• We detect fraudulent or abusive activity
• Required by law or legal process
• Your account remains inactive for over 2 years

4. Subscription and Payments

4.1 Subscription Plans

Haunting Fog offers the following subscription plans:

• Free Plan: Limited access to 3 stories per day with basic features
• Premium Monthly: $9.99 USD/month with unlimited stories and premium features
• Premium Yearly: $99.99 USD/year with unlimited stories and premium features (save 17%)

4.2 Payment Processing

All payments are processed securely through:

• Apple App Store: For iOS subscriptions via Apple In-App Purchase
• Google Play Store: For Android subscriptions via Google Play Billing

Your payment method will be charged at the beginning of each billing period. Prices are subject to change with 30 days notice.

4.3 Billing and Renewal

• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage or cancel your subscription through your App Store or Google Play account settings

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your device's subscription settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods
• Refund requests must be directed to Apple or Google, subject to their refund policies
• We reserve the right to issue refunds at our sole discretion

4.5 Free Trial (if applicable)

If we offer a free trial:

• One free trial per user (based on payment method and device)
• Trial converts to paid subscription unless cancelled before trial end
• We reserve the right to modify or discontinue free trials

5. License and Content Ownership

5.1 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and use the App on your personal device
• Access and listen to stories for personal, non-commercial use
• Download content for offline listening (Premium subscribers only)

5.2 Content Ownership

• All stories, audio content, text, images, and app features are owned by Haunting Fog or our licensors
• Content is protected by copyright, trademark, and other intellectual property laws
• You may not copy, modify, distribute, sell, or create derivative works from our content

5.3 Prohibited Uses

You may NOT:

• Download, record, or redistribute stories outside the App
• Use automated tools (bots, scrapers) to access our Service
• Reverse engineer, decompile, or disassemble the App
• Remove copyright or proprietary notices
• Use the Service for commercial purposes without permission
• Attempt to hack, exploit, or compromise our systems

6. User Conduct

You agree to use the Service responsibly and not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or attempt to disrupt the Service
• Harass, threaten, or abuse other users or our staff
• Impersonate others or misrepresent your affiliation
• Share accounts or enable unauthorized access
• Abuse our support channels or submit fraudulent claims

7. Content and Recommendations

7.1 Story Content

• Stories may contain mature themes, horror elements, and suspenseful content
• Content is provided for entertainment purposes only
• We do not guarantee the accuracy, completeness, or quality of all stories
• Story availability may vary and can be removed at our discretion

7.2 Recommendations

• Our recommendation algorithm is based on your listening history and preferences
• Recommendations are not guaranteed to match your exact tastes
• We reserve the right to modify our recommendation algorithm

8. Privacy and Data Collection

Your use of Haunting Fog is subject to our Privacy Policy, which explains:

• What information we collect
• How we use your data
• Your privacy rights and controls
• Data security measures

By using our Service, you consent to our data practices as described in the Privacy Policy.

9. Third-Party Services

Our App integrates with third-party services:

• Authentication: Google Sign-In, Apple Sign-In
• Payments: Apple In-App Purchase, Google Play Billing
• Infrastructure: Supabase for backend services

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party service practices or availability.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• All content will be available at all times
• Defects will be corrected immediately
• The Service will meet your specific requirements

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE LAST 12 MONTHS
• WE ARE NOT LIABLE FOR DATA LOSS, SERVICE INTERRUPTIONS, OR THIRD-PARTY ACTIONS

10.3 Indemnification

You agree to indemnify and hold harmless Haunting Fog from any claims, losses, or damages arising from:

• Your violation of these Terms
• Your misuse of the Service
• Your violation of any rights of another party

11. Intellectual Property

11.1 Our Rights

All intellectual property rights in the Service, including:

• App design, code, and functionality
• Story content, narration, and audio production
• Trademarks, logos, and branding
• User interface and user experience design

...are owned by Haunting Fog or our licensors and are protected by copyright, trademark, and other laws.

11.2 Trademark

"Haunting Fog" and associated logos are trademarks of our company. You may not use our trademarks without prior written permission.

12. Updates and Modifications

12.1 App Updates

• We may update the App to add features, fix bugs, or improve performance
• Some updates may be required to continue using the Service
• We recommend enabling automatic updates for the best experience

12.2 Terms Modifications

• We may modify these Terms at any time
• Material changes will be notified via email or in-app notification
• Continued use after changes constitutes acceptance
• If you disagree with changes, you must stop using the Service

13. Termination

13.1 By You

You may terminate your account at any time by:

• Deleting your account through app settings
• Contacting our support team
• Uninstalling the App and cancelling your subscription

13.2 By Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• We detect fraudulent or illegal activity
• Required by law or court order
• You abuse our services or harm other users

13.3 Effect of Termination

Upon termination:

• Your license to use the Service ends immediately
• You lose access to all content and features
• Offline downloaded content will become inaccessible
• Your subscription will not be refunded (except as required by law)
• We may delete your data after a reasonable period

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Arbitration Agreement

You and Haunting Fog agree to resolve disputes through binding arbitration, except:

• Small claims court matters (under applicable threshold)
• Intellectual property disputes
• Emergency injunctive relief

14.3 Class Action Waiver

You agree that disputes will be resolved individually, not as part of a class action or consolidated proceeding.

14.4 Informal Resolution

Before filing a claim, you agree to contact us at hauntingfogstory@gmail.com to attempt informal resolution for at least 30 days.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Haunting Fog.

15.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (e.g., natural disasters, wars, pandemics, government actions).

16. Contact Information

17. Acknowledgment

BY USING HAUNTING FOG, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.