Use of the App

License: We grant you a non-exclusive, non-transferable, revocable license to use the App for personal purposes, such as tracking and planning Schengen stays, subject to these Terms. All rights not expressly granted are reserved. This license ends immediately if these Terms or your account terminate.

Informational Use Only: The App is for planning Schengen stays only, not legal advice or a guarantee of entry, stay, or immigration compliance.

Feature Access: To utilize the full functionality of the App, including automatic tracking of Schengen days and notifications, you must enable the 'automatic tracking' and 'notifications' settings within the App. Disabling these options may limit certain features.

Prohibited Activities: You must not: (a) reverse engineer or extract source code; (b) damage, disable, or impair our services; (c) gain unauthorized access to the App or our systems; (d) infringe others’ rights; or (e) circumvent security measures.

Intellectual Property: The App, its content, and trademarks are owned by us or our licensors. Unauthorized use or distribution is prohibited.

Feedback: We may use any feedback you provide about the App royalty-free, without compensation or obligation to you.

Service Availability

We may interrupt the App for maintenance, updates, or improvements, with reasonable notice when possible. We’re not liable for unavailability due to force majeure events beyond our control (e.g., technical failures, natural disasters, government actions, cyberattacks). While we aim for uninterrupted access, we don’t guarantee continuous service, and interruptions may occur due to technical issues or third-party limitations.

Subscriptions and Payments

Subscriptions: Access to the App and all its features requires a paid subscription. Subscriptions are available in annual payment plans. All subscriptions automatically renew until canceled through your App Store settings.

Pricing and Changes: Prices, including applicable taxes, are displayed at the time of purchase. We may change prices for new subscribers at any time. For existing subscribers, price changes require notice and your consent via the Apple App Store; if you don't agree, your subscription may end.

Refunds and Cancellation: Purchases are processed by Apple; refunds follow their policies (we don't control this). Cancel anytime via App Store settings.

Free Trials: If offered, trial periods are specified at sign-up and convert to paid subscriptions unless canceled before the period ends. One trial per App Store account; we may limit or end trials at our discretion.

Apple Store Terms: Your use of the App via the Apple App Store is subject to Apple's Media Services Terms and Conditions.

Your Responsibilities

Legal Compliance: You are responsible for: (a) Ensuring your use of the App complies with all applicable laws, regulations, and third-party rights. (b) The accuracy of information you input into the App. (c) Determining your eligibility to enter or remain in the Schengen Area or any country. (d) Obtaining required travel documentation, visas, or permissions required.

Account Security: Keep credentials confidential, notify us of breaches, and avoid sharing sensitive information. You're responsible for all account activity.

Disclaimers and Limitations

No Warranties: To the extent permitted by law, the App is provided "as is" without warranties, express or implied. We don’t guarantee uninterrupted, error-free access or defect correction.

Liability Limitations: To the extent permitted by law, we’re not responsible for:

• Reliance on App calculations, content, or third-party sites linked in the App.
• Indirect, special, or consequential damages.

Our total liability is limited to your subscription payments in the prior 12 months.

Indemnification: You’ll defend and hold us harmless from claims, damages, and expenses (including reasonable legal fees) due to your use, Terms breaches, or rights violations.

Termination

By Us: We may suspend or terminate your subscription or access if you violate these Terms. We’ll notify you (via email or in-app) when feasible. We’re not responsible for any losses or damages from such termination.

By You: You may terminate your use of the App at any time by deleting it from your device and canceling your subscription through your App Store account settings. Deleting the App alone will not cancel your subscription.

Effect of Termination: Upon termination, your right to use the App will cease immediately. Any provisions of these Terms that by their nature should survive termination will remain in effect.

Changes to These Terms

We may update these Terms at our discretion, notifying you of material changes affecting your rights via email, in-app notice, or by updating the “Last Updated” date above. Continued use after changes means acceptance; if you disagree, stop using the App.

Governing Law and Disputes

Applicable Law: These Terms are governed by the laws of England and Wales. Any disputes will be resolved in the courts of England and Wales, unless local consumer rights laws require otherwise.

Severability: If any provision is found invalid, the remaining provisions remain in effect. Any unenforceable provision will be modified to reflect the original intent to the extent possible under applicable law.

General Provisions

Assignment: We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.

Entire Agreement: These Terms constitute the entire agreement between us regarding the App and supersede any prior agreements.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Privacy Policy

Our Privacy Policy, available here, is incorporated into these Terms by reference. Please review it to understand how we collect, use and protect your information.

Contact Us

For questions or issues, contact us at hello[@]ncky.dev].