Terms of Service

1. The short version

These are the rules of using WhenWorks. The plain-English summary below isn't legally binding on its own — the rest of the document is. If they ever conflict, the rest wins, but please tell us so we can fix the summary.

• Be 13 or older to use the app.
• Be honest with people in your events. Don't impersonate them.
• Don't use WhenWorks for anything illegal, abusive, or harassing.
• We can't guarantee the app is perfect — but we'll do our best, and you have the rights you'd expect under Australian Consumer Law.
• If we ever change these terms, we'll tell you.

2. Who you're agreeing with

These terms are an agreement between you and Marc Ravida, an Australian-based individual sole trader ("WhenWorks", "we", "us", "our"). [ABN to be added — optional for sole traders.] Principal place of business: [to be added on first publication].

By creating an account, downloading, or using WhenWorks, you accept these terms. If you do not accept them, please do not use the App.

3. Eligibility

You must be at least 13 years old to use WhenWorks. By using the App you represent that you meet this requirement. If you are between 13 and 18, you should review these terms with a parent or legal guardian. We may refuse service or terminate accounts that we reasonably believe are operated by users under 13.

4. Your account

You sign in with Apple. The opaque user ID returned by Sign in with Apple is your account identifier. You are responsible for the activity that happens under your Apple ID. If you suspect unauthorised access, change your Apple ID password and let us know.

You are responsible for the display name, emoji, and colour you choose. Do not impersonate another person, and do not use display names that are obscene, harassing, or that infringe a third party's rights.

5. Acceptable use

WhenWorks is for coordinating real-life social and family gatherings. You agree not to use the App, directly or indirectly:

• To break any law or regulation.
• To harass, threaten, defame, stalk, or intimidate any person.
• To collect data about other users for purposes outside organising the specific event you've been invited to.
• To run automated agents, bots, or scrapers against the App.
• To attempt to reverse-engineer, decompile, or extract source code from the App, except to the extent that this is permitted by mandatory law.
• To circumvent rate limits, member ceilings, or any technical control we place on the App.
• To resell or commercially redistribute the App or any access to it.

6. Privacy

Your privacy is governed by our Privacy Policy at whenworksapp.xyz/privacy, which is incorporated into these terms. By using the App you consent to the data practices described there.

7. Free and paid features

WhenWorks v1.0 is free to use, with a ceiling of 100 members per event. We may introduce paid features in the future, including a tier (provisionally "WhenWorks Pro") for events with more than 8 members.

If we do introduce paid features, the following will apply:

• Existing events created while these terms are in force will continue to function for the people already in them. We will not lock you out of an in-progress event because of a pricing change.
• Pricing, billing terms, and renewal mechanics will be presented to you before any charge — purchases will go through Apple's In-App Purchase system, governed by Apple's Standard EULA and your iTunes / App Store account.
• We will give at least 30 days' notice in-app and by email (where available) before paywalling any feature you currently use for free.
• Refunds for App Store purchases are managed by Apple, not by us, but we will assist you with reasonable requests.

8. Intellectual property

WhenWorks, the WhenWorks logo, the icon, the wordmark, and the App as a whole are our intellectual property (or licensed to us). We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices that you own or control, for personal non-commercial use, subject to these terms.

You retain all rights to content you contribute (your name, your free/busy data, your votes). You grant us a limited, royalty-free licence to host, sync, and display that content to other members of the events you have joined, solely to provide the App.

Feedback you send us (suggestions, ideas, bug reports) may be used by us without restriction or compensation.

9. Apple-required terms (App Store EULA)

Because the App is distributed through the Apple App Store, the following terms apply for the benefit of Apple Inc. and its subsidiaries ("Apple"):

• These terms are between you and us only, not with Apple. We, not Apple, are responsible for the App and its content.
• The App is licensed, not sold, to you. Your licence is limited to use on Apple-branded products that you own or control and as permitted by the App Store Terms of Service. The licence is non-transferable, except as expressly permitted by Apple.
• Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever in respect of the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs, or expenses are our responsibility.
• Any claim that the App or your possession or use of it infringes a third-party intellectual property right is our responsibility, not Apple's.
• You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these terms against you.

10. Service availability

WhenWorks depends on Apple's iCloud and CloudKit services, your device, and your network. We do not control any of these and we do not guarantee uninterrupted availability. We do, however, build the App so that most of it works offline — you can browse your events, see confirmed times, and prepare availability without a network.

11. Disclaimers

This section limits what we promise about the App. Read it carefully. Some of these limits do not apply to consumers in Australia and certain other countries — your statutory rights are unaffected (see Section 13).

Subject to Section 13, the App is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the App will be uninterrupted, error-free, or secure.

WhenWorks is a planning aid. The decisions and confirmations recorded in the App are made by you and the people you invite. You are responsible for the actual plans you make.

12. Limitation of liability

Subject to Section 13, to the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, or loss of goodwill, even if we have been advised of the possibility of such damages.
• Our total cumulative liability arising out of or related to these terms or your use of the App is limited to the greater of (a) the amount you have paid us for the App in the 12 months preceding the claim, or (b) AU$100.

This section does not apply to liability that cannot be excluded or limited under applicable law (including the Australian Consumer Law — see Section 13).

13. Australian Consumer Law

If you are a consumer in Australia under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), then nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that the law gives you and that cannot lawfully be excluded, restricted, or modified.

If a consumer guarantee applies and the App fails to meet it, our liability is limited (where permitted) to (a) the resupply of the App, or (b) the cost of having the App resupplied — at our option.

14. Termination

You can stop using the App at any time. To delete your data, delete the App and (optionally) revoke its access from iOS Settings → Apple ID → Sign-In & Security → Apps Using Apple ID.

We may suspend or terminate your access to the App if you breach these terms, if we are required to by law, or if continuing the service is not commercially or technically viable. We will give reasonable notice unless that is not possible (for example, in the case of an active legal or security problem).

15. Changes to these terms

We may update these terms as the App evolves. If a change materially affects your rights, we will notify you in-app and (where available) by email at least 30 days before the change takes effect. By continuing to use the App after the change, you accept the updated terms. If you don't accept them, you may stop using the App.

16. Governing law and jurisdiction

These terms are governed by the laws of New South Wales, Australia. Subject to your non-excludable consumer rights, you and we agree that any dispute arising out of or in connection with these terms will be dealt with in the courts of New South Wales (or, if a dispute cannot be brought there, in the courts of the Commonwealth of Australia).

If you are a consumer in another jurisdiction, you may also have rights to bring proceedings in your local courts.

17. Miscellaneous

• If any part of these terms is held unenforceable, the rest remains in full force.
• Our failure to enforce a provision is not a waiver of that provision.
• These terms (with the Privacy Policy) are the entire agreement between you and us in respect of the App.
• You may not assign these terms; we may assign them to an entity that acquires our business or assets and that agrees to be bound by them.

18. Contact

Marc Ravida (Sole Trader, Australia)
[Principal place of business — to be added on first publication]

Legal: whenworks.support@gmail.com
Support: whenworks.support@gmail.com