Terms of use

1. Acceptance of these terms

These terms of use (the "Terms") are a legal agreement between you and Mouhcine Soukaki, an independent developer in Ontario, Canada, operating as FamSorted ("FamSorted", "we", "us"). They govern your use of the FamSorted app (the "App"), the website famsorted.ca and the Premium subscription (together the "Services"). By creating an account or using the Services, you accept these Terms and our privacy policy. If you do not accept them, do not use the Services.

2. Eligibility

You must be 18 or older to create a household or buy Premium. Teens 14 to 17 may use the Services only in a household a parent or guardian invites them to, and that parent or guardian accepts these Terms on their behalf. The Services are not intended for children under 14.

3. Your account

Each person has their own account, protected by a password or Sign in with Apple, and by two-step verification if they turn it on (we recommend it). You must give accurate information, keep your password and, if you use one, your authenticator app secure, and tell us promptly at the address below if you believe someone else is using your account. We cannot bypass two-step verification for you. You are responsible for activity in your account, unless it results from our fault.

4. Households and roles

The owner of a household decides who joins and with which role. Owners and members can add and change content; viewers can only read. What you add to a shared household is visible to everyone in it, amounts included. If you delete your account, a shared household you own passes to the member who has been in it longest.

5. Subscriptions and payments

• Premium is an auto-renewing subscription sold through Apple's App Store, by the month or by the year, at the price shown in the App before you buy. Prices are in Canadian dollars; applicable taxes are extra.
• New subscribers may receive a free trial when the App offers it; the App reminds you 2 days before it ends if notifications are on. If you do not cancel before the trial ends, the subscription starts.
• Payment is charged to your Apple account when you confirm the purchase. The subscription renews automatically at the same price and for the same period unless you cancel it at least 24 hours before the end of the current period, in your Apple account settings.
• Refunds are handled by Apple under its policies, without limiting any right you have under consumer protection law.
• One subscription covers every household in which you are an owner or a member. If Premium ends, nothing is deleted: what you created with it stays readable.
• Apple notifies you before any price increase and, where the law or Apple requires it, asks for your agreement.

6. Licence

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, as permitted by the Usage Rules of Apple's Media Services Terms and Conditions, including Family Sharing.

7. Your content

You keep ownership of everything you add to the Services ("Your Content"). You grant us a limited licence to store, process and display Your Content only as needed to provide the Services to you and the people you share it with. You are responsible for Your Content and confirm you have the right to share it, including information about other people such as a family member's birthday or a child on an RESP.

8. Acceptable use

You agree not to:

• use the Services in violation of any law or the rights of others;
• harass, threaten or harm anyone;
• store information you have no right to hold;
• try to access accounts or data that are not yours, or test or bypass our security;
• disrupt, overload, copy, decompile or reverse engineer the Services, except where the law allows it.

9. Intellectual property

The Services, including the FamSorted name, logo, design, illustrations, text and software, belong to us or our licensors and are protected by copyright, trademark and other laws. These Terms give you no rights to them other than the licence in section 6.

10. Information, not advice

Budgets, Insights, contribution room, grant estimates (such as the CESG and the IQEE) and tips in the Services are for information only, based on what you entered and on published rules that can change. They are not financial, tax, legal or investment advice. Check with the Canada Revenue Agency, Revenu Québec, your financial institution or a qualified professional before making decisions.

11. Third-party services

The Services rely on third parties such as Apple (sign-in, purchases) and the Bank of Canada (exchange rates). Their services are governed by their own terms, which you must also follow when you use them with the Services. We are not responsible for third-party services we do not control.

12. Apple terms

These Terms are concluded between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.

• Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, claims under consumer protection, privacy or similar laws, and any claim that the App or your use of it infringes a third party's intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, Apple will have the right to enforce them against you as a third-party beneficiary.

13. Changes to the Services

We may add, change or remove features to improve the Services. We will not remove a paid feature during a paid period without notice; if a change reduces what Premium includes, you may cancel and ask Apple for a refund of the unused period.

14. Disclaimer of warranties

We work to keep the Services available, accurate and secure, but to the extent permitted by law they are provided "as is" and "as available", without any warranty that they will be uninterrupted or error-free. You should keep your own copies of important information. This section does not limit any legal warranty you have under the consumer protection laws of your province.

15. Limitation of liability

To the extent permitted by law, our total liability to you for any claim related to the Services is limited to the amount you paid for Premium in the 12 months before the claim, and we are not liable for indirect, incidental or consequential losses. Nothing in these Terms excludes or limits our liability for our own fault or that of our representatives where the law does not allow it, including under the Québec Consumer Protection Act and the Ontario Consumer Protection Act, 2002.

16. Indemnification

To the extent permitted by law, you agree to compensate us for losses and reasonable costs resulting from your breach of these Terms or your violation of the law or of someone else's rights through the Services. This section does not apply where consumer protection law prohibits it.

17. Suspension and termination

You may stop using the Services and delete your account at any time from the App; cancel Premium in your Apple account settings so it does not renew. We may suspend or close an account that seriously or repeatedly breaches these Terms, after telling you why when we can; if we close it without fault on your part, we will tell you how to get a refund of any unused Premium period. If we stop offering the Services, we will give you at least 30 days' notice so you can download your data. Sections that by their nature should survive termination (such as 7, 9, 14, 15, 16 and 19) survive.

18. Changes to these Terms

We may amend these Terms for the elements that can change, such as features, how households work and our rules of use, but never the price or the term of a subscription period you have already paid for. At least 30 days before an amendment takes effect, we will send you a written notice, in the App and by email, setting out the new clause, the clause it replaces, the date it takes effect and your rights. If the amendment increases your obligations or reduces ours, you may refuse it and cancel, by deleting your account and cancelling Premium, without cost, penalty or cancellation fee, up to 30 days after it takes effect.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. If you are a consumer residing in another province or territory, including Québec, you keep the protection of its mandatory laws and may bring a claim before its courts. Nothing in these Terms requires you to submit a dispute to arbitration or prevents you from bringing or taking part in a class action. Please contact us first: most concerns can be resolved quickly.

20. General

• Entire agreement: these Terms and the privacy policy are the entire agreement between you and us about the Services.
• Severability: if a provision is found invalid or unenforceable, the rest of these Terms remains in effect.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not transfer your rights under these Terms. We may transfer them to a successor operating the Services, who will be bound by them, and we will tell you first.
• Events beyond our control: we are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of our providers or natural disasters.
• Language: these Terms are available in French and in English, and both versions are equally valid.

21. Contact us

Mouhcine Soukaki, operating as FamSorted, Ontario, Canada (mailing address on request).

Questions and complaints: support@famsorted.ca. Privacy: privacy@famsorted.ca.