Updated: December 4th, 2024

We are Next Reality Labs, LLC (“Company”, “We”, “US”, “Our”), the maker of Magic Journal. This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms describes the terms and conditions that apply to your use of Next Reality Labs, LLC’s Magic Journal mobile application (”Application”), websites, and the services, content, and other resources available on or enabled via our Website or any Application, including artificial intelligence (“AI”)-assisted journaling, voice transcription, mood tracking, and emotional analysis (collectively, with our Applications and Website, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY.  THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE.  BY ACCESSING OR USING THE SERVICE IN ANY WAY, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Next Reality Labs, LLC, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS.  IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE IMMEDIATELY.

Section 1: Using the Service

  1. The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Next Reality Labs, LLC, your right to access and use the Service, in whole or in part, is subject to this Agreement.
  2. Application License. Subject to your compliance with this Agreement, Next Reality Labs, LLC grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single Device (as defined below) that you own or control and to run such copy of the Application solely for your own personal purposes.
  3. Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.
  4. Updates.  You understand that the Service is evolving.  As a result, Next Reality Labs, LLC may require you to install updates to the Application or other software that you have installed on the devices through which you access or use the Service (“Device”).  You acknowledge and agree that Next Reality Labs, LLC may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service.  Any future release, update or other addition to the Service shall be subject to this Agreement.
  5. Not Medical Advice.  Next Reality Labs, LLC DOES NOT OFFER MEDICAL, MENTAL HEALTH OR OTHER TYPE OF HEALTH ADVICE, SUCH AS PSYCHOTHERAPY OR MENTAL HEALTH COUNSELING.  THE CONTENT IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, OR AS A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE, EVALUATION, OR CONSULTATION.  THE SERVICE SHOULD NOT, AND IS NOT INTENDED TO, (i) BE RELIED UPON WHEN MAKING MEDICAL OR OTHER CLINICAL DECISIONS; (ii) DIAGNOSE OR TREAT A MEDICAL, MENTAL, PSYCHOLOGICAL, OR HEALTH CONDITION OR ILLNESS; OR (iii) BE USED DURING A MEDICAL OR PSYCHOLOGICAL EMERGENCY.  PLEASE CONSULT YOUR DOCTOR, THERAPIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, YOUR MENTAL HEALTH, OR BEFORE COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. THE SERVICE PROVIDED BY THE Next Reality Labs, LLC, CANNOT SUBSTITUTE FOR, AND ARE NOT AN ALTERNATIVE TO, MEDICAL, PSYCHIATRIC, PSYCHOLOGICAL, PSYCHOTHERAPY, OR OTHER HEALTHCARE DIAGNOSIS AND TREATMENT WHEN A MEDICAL OR MENTAL HEALTH CONDITION OR ILLNESS IS PRESENT. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.  YOUR USE OF THE SERVICES DOES NOT CREATE A PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, PSYCHOTHERAPIST-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY BETWEEN YOU AND ANY OF THE Next Reality Labs, LLC’s employees or partners.  You represent to Next Reality Labs, LLC that you are not using the Service for the purpose of seeking medical attention or treating any medical or phycological condition.  If any information you receive or obtain from using the Service is inconsistent with medical advice received from your physician, therapist, or other healthcare provider, you agree to follow the advice of such provider.

Section 2: REGISTRATION

  1. Registering Your Account. In order to access certain features of the Service, you may be required to (i) register an account on the Service (“Account”); (ii) have a valid account on a social networking service through which you can connect to the Service, as permitted by the Service; or (iii) have an account with the app store from which you downloaded the Application (each such account as set forth in the forgoing (ii) and (iii), a “Third-Party Account”).
  2. Access Through a Third-Party Account. The Service may allow you to link your Account with a Third-Party Account by allowing Next Reality Labs, LLC to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Next Reality Labs, LLC and/or grant Next Reality Labs, LLC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account.
  3. Registration Data. In registering an Account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.