Terms of Service

These Terms of Service ("Terms") govern your use of the Digby website and Android application (together, the "Service"), operated by Geoffrey Pascoe ("we", "us", or "our").

By creating an account or using the Service, you agree to these Terms. If you do not agree to these Terms, you should not use the Service.

If you are a consumer, nothing in these Terms limits any rights or protections that cannot legally be excluded under the laws that apply to you.

1. The Service

Digby is a personal relationship management and reminder service.

The Service allows you to store information about people you know and receive reminders relating to birthdays, contact frequency, and other events or preferences you configure.

The Service offers both a Free Plan and a paid Premium Plan.

2. Free and Premium plans

2.1 Free Plan

The Free Plan allows you to use the Service subject to the features and limitations displayed in the Service.

The Free Plan currently permits you to store up to 4 active contacts. Archived contacts do not count towards this limit.

We may change the features or limits of the Free Plan from time to time, subject to applicable law.

2.2 Premium Plan

The Premium Plan provides additional features and functionality, including unlimited contacts.

The specific features, price, billing period, and other material terms of the Premium Plan will be displayed to you before you purchase it.

We may introduce additional Premium features from time to time.

3. Premium subscriptions

If you purchase a Premium subscription, you agree to pay the price displayed at the time of purchase.

Your subscription will renew automatically at the end of each billing period unless you cancel it before renewal.

The billing frequency, price, renewal terms, and any applicable introductory or promotional pricing will be clearly displayed before you subscribe.

Premium may be purchased on the web or through Google Play:

• Web purchases are processed by our online reseller, Paddle.com. Paddle.com is the Merchant of Record for all web orders. Paddle provides all customer service inquiries relating to payment and handles returns for web purchases. Paddle's Buyer Terms also apply to those transactions.
• Google Play purchases are processed by Google, and Google Play's applicable billing and subscription terms also apply to those transactions.

Prices may include or exclude taxes such as GST or VAT depending on your location. Any applicable tax will be shown before you complete your purchase.

3.1 Cancellation

You may cancel your Premium subscription at any time.

If you purchased the subscription on the web, you can cancel it from the Settings page of the Digby web app, which links to Paddle's subscription management page, or by contacting us or Paddle.

If you purchased the subscription through Google Play, you can manage or cancel it through Google Play's subscription management facilities. We will also provide an appropriate way to access subscription management from the Service.

Cancelling a subscription normally prevents the next renewal but does not automatically terminate access to Premium features before the end of the current paid billing period, unless applicable law or the applicable payment provider's terms require otherwise.

3.2 Refunds

Web purchases. If you purchased Premium on the web, you may request a full refund within 14 days of your initial purchase or of any renewal payment. To request a refund, contact us at hello@friendswithdigby.com or contact Paddle through the link in your purchase receipt. Refunds are issued by Paddle to your original payment method. If you receive a refund, your Premium access for the refunded period will end and your account will return to the Free Plan.

After the 14-day period, web payments are generally not refundable, including for partially used billing periods, except where required by applicable law.

Google Play purchases. Where you purchased Premium through Google Play, Google Play's applicable refund and cancellation policies apply.

Nothing in these Terms limits any statutory right to a refund or other remedy that cannot legally be excluded.

3.3 Price changes

We may change the price of Premium in the future.

Where required by applicable law or the relevant payment platform, we will provide notice before a price change takes effect and give you any opportunity to cancel that is required by law.

A price change will not retroactively alter amounts you have already paid.

3.4 Promotional offers and trials

From time to time, we may offer free trials, introductory prices, discounts, or other promotional offers.

The terms of each offer, including its duration, price after the promotional period, and whether it automatically converts to a paid subscription, will be disclosed before you accept the offer.

Unless otherwise stated, promotional offers may be subject to additional eligibility restrictions.

4. Downgrading from Premium

You may cancel your Premium subscription or otherwise stop being eligible for Premium at any time.

When your Premium subscription expires, your account will normally return to the Free Plan.

We will not delete your existing contacts solely because you downgrade from Premium.

If your account contains more active (non-archived) contacts than permitted by the Free Plan:

• your existing contacts, interaction history, and reminders will remain stored;
• you will retain access to view, search, edit, and archive your existing contacts, and to complete or edit existing reminders;
• you will be prevented from adding new contacts or restoring archived contacts;
• you will be prevented from logging new interactions and creating new reminders;
• the Service will stop generating automatic contact-frequency and birthday reminders for your account, and will stop sending you email digests and push notifications;
• you may be prevented from using other functionality that is restricted to Premium users; and
• you may regain full functionality at any time by subscribing to Premium again, or by archiving contacts until your account is within the Free Plan limit. Archived contacts do not count towards the limit and are not deleted.

A summary of these restrictions is also available on our pricing page.

We will not automatically delete contacts merely because your Premium subscription expires.

If we ever propose to change this policy and delete or permanently restrict access to data because of a plan downgrade, we will provide clear notice before doing so and comply with applicable law.

5. Your account

You are responsible for:

• providing accurate information when creating your account;
• keeping your account credentials secure;
• all activity carried out through your account; and
• notifying us if you believe your account has been accessed without your permission.

You must not share your account credentials with another person or use another person's account without their permission.

You must be old enough to legally enter into these Terms in the jurisdiction where you live.

6. Your content

You retain ownership of information and content that you submit to the Service, including information about your contacts, contact history, and notes.

You grant us a limited, non-exclusive licence to host, store, process, reproduce, and transmit that content solely as necessary to provide, maintain, secure, and improve the Service.

We do not claim ownership of your contact records or notes.

You are responsible for the content you enter into the Service and for ensuring that you have the right and lawful basis to provide that information.

7. Information about other people

The Service allows you to store information about people you know, including:

• names and nicknames;
• contact details;
• birthdays;
• employment information;
• social-media identifiers;
• relationship information;
• information about how you met someone;
• notes; and
• records of when you contacted someone.

You must use the Service in a lawful and responsible manner.

You must not use the Service to:

• unlawfully collect or process another person's personal information;
• harass, stalk, threaten, or abuse another person;
• collect information for unlawful or fraudulent purposes;
• upload information that you do not have the right or lawful basis to use; or
• deliberately store highly sensitive information about another person where it is unnecessary for the Service's intended purpose.

8. Acceptable use

You must not:

• attempt to gain unauthorised access to the Service or another user's account;
• interfere with or disrupt the Service;
• introduce malware, viruses, or other malicious code;
• probe, scan, or test the security of the Service without our permission;
• circumvent technical restrictions or security measures;
• use automated methods to abuse the Service or place unreasonable load on it;
• use the Service to facilitate unlawful activity;
• reverse engineer or attempt to extract source code from the Service, except where applicable law expressly permits this; or
• use the Service in a way that could reasonably be expected to harm the Service or other users.

9. Notifications and reminders

The Service may send notifications based on reminders and preferences you configure.

Notifications may be delayed, interrupted, or unavailable due to factors outside our control, including device settings, operating-system restrictions, network failures, or failures of third-party notification services.

You are responsible for ensuring that notifications are enabled on your device if you wish to receive them.

The Service is intended as a convenience and should not be relied upon as the sole method of remembering an important date, appointment, obligation, or other time-sensitive event.

10. Analytics and third-party services

We use third-party services to operate and understand the Service.

These currently include:

• Hetzner, for hosting the application and database;
• Firebase Cloud Messaging, for Android push notifications;
• Paddle, as Merchant of Record and reseller for Premium subscriptions purchased on the web;
• Google Play Billing, for Premium subscriptions purchased in the Android app; and
• Cloudflare Web Analytics, for privacy-focused website analytics.

Cloudflare Web Analytics is designed not to use cookies, local storage, or individual fingerprinting for analytics purposes.

Third-party services may have their own terms and privacy policies. Our collection and use of personal information is described in our Privacy Policy.

We are not responsible for outages or failures caused by third-party services, although we will make reasonable efforts to maintain the availability of the Service.

11. Intellectual property

The Service, including its software, design, branding, text, graphics, and other original material, is owned by or licensed to us and is protected by applicable intellectual-property laws.

These Terms do not transfer ownership of the Service or its underlying software to you.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for its intended purpose.

12. Availability and changes to the Service

We may modify, add, or remove features from the Service from time to time.

We may temporarily suspend the Service where reasonably necessary for maintenance, security, upgrades, or other operational reasons.

We may discontinue the Service if we decide to stop operating it.

Where reasonably practicable, we will provide notice of significant changes or discontinuation.

Nothing in this section limits any rights you may have under applicable consumer or digital-content laws.

13. Data and backups

We take reasonable measures to protect information stored in the Service, but no online service can guarantee that data will never be lost, corrupted, or compromised.

You should not rely on the Service as the sole repository for information that is important to you.

Where technically and operationally appropriate, we may maintain backups of Service data. Backups may be retained for a limited period after information has been deleted from the active Service.

Our handling of personal information is described in our Privacy Policy.

14. Disclaimer

To the maximum extent permitted by applicable law, the Service is provided on an "as available" basis.

We do not guarantee that:

• the Service will always be available;
• notifications will always be delivered;
• reminders will always be generated or displayed correctly;
• the Service will be completely error-free; or
• the Service will meet every particular requirement you may have.

Nothing in these Terms excludes or limits any guarantee, warranty, right, or remedy that cannot legally be excluded or limited.

15. Limitation of liability

To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, special, or consequential loss arising from your use of, or inability to use, the Service.

This includes, to the extent permitted by law:

• missed reminders or notifications;
• loss of data;
• inaccurate information entered by users;
• interruptions caused by networks, devices, hosting providers, notification services, analytics services, or other third parties; and
• decisions made based on information or reminders provided by the Service.

Nothing in these Terms excludes or limits liability for matters that cannot legally be excluded or limited.

16. Australian consumer guarantees and other mandatory rights

If you are an Australian consumer, the Australian Consumer Law may provide guarantees and rights that cannot be excluded.

Nothing in these Terms is intended to exclude, restrict, or modify those rights.

To the extent that a limitation or exclusion in these Terms is not permitted by applicable law, that limitation or exclusion will apply only to the maximum extent permitted.

17. European and UK consumer rights

If you are a consumer in the European Economic Area or United Kingdom, mandatory consumer protections applicable to digital services continue to apply to your use of the Service.

Nothing in these Terms is intended to exclude or restrict mandatory rights available to you under applicable law.

Any provision of these Terms that is prohibited or unenforceable under applicable consumer law will apply only to the extent permitted by that law.

18. Suspension and termination

You may stop using the Service at any time.

We may suspend or terminate your account where reasonably necessary if:

• you materially breach these Terms;
• your use of the Service creates a significant security or legal risk;
• you use the Service for unlawful purposes;
• you attempt to compromise the security of the Service; or
• we discontinue the Service.

Where reasonably practicable, we will provide notice before terminating or suspending an account.

We may take immediate action where reasonably necessary to protect the Service, its users, or other people.

Upon termination, your right to use the Service will cease.

Our provisions concerning intellectual property, content, disclaimers, liability, and provisions that by their nature should survive termination will continue to apply.

19. Account deletion

You may delete your account through:

Settings → Delete account, in either the Digby web app or the Digby Android app.

You may also request account deletion by contacting:

hello@friendswithdigby.com

Our handling of information following account deletion is described in our Privacy Policy.

20. Changes to these Terms

We may update these Terms from time to time.

When we make changes, we will update the "Last updated" date at the beginning of these Terms.

For significant changes, we will provide reasonable notice before the changes take effect where practicable.

If you continue to use the Service after the revised Terms take effect, your continued use will constitute acceptance of the revised Terms to the extent permitted by applicable law.

If you do not agree to revised Terms, you should stop using the Service and may delete your account.

21. Governing law

These Terms are governed by the laws of Victoria, Australia, except to the extent that mandatory laws in the jurisdiction where you live apply instead.

Nothing in this section prevents a consumer from relying on mandatory consumer protections or bringing proceedings in a court where applicable law gives them that right.

22. Contact

If you have questions about these Terms, contact:

Geoffrey Pascoe

Email: hello@friendswithdigby.com

Website: https://friendswithdigby.com