Terms of Service

1. Agreement and operator

These Terms of Service (“Terms”) are a legal agreement between you and JustInCaseNote (“we”, “us”, “our”). By creating an account or using the JustInCaseNote application or website (the “Service”), you agree to be bound by these Terms.

2. What this service is

JustInCaseNote is a continuity planning tool. It helps you prepare notes and configure workflows that may trigger if check-ins stop.

3. What this service is not

It is not emergency response, legal advice, medical advice, financial advice, or a legal will/trust substitute. Do not rely on this Service as a sole mechanism for time-critical communications. If you need emergency help, contact local emergency services.

4. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

5. Account responsibility

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must promptly notify us if you become aware of any unauthorised use.

6. Your content and license grant

You retain ownership of the notes, messages, and other content you create (“User Content”). By submitting User Content to the Service, you grant us a limited, non-exclusive license to store, process, and deliver that content solely as necessary to operate the Service and fulfil your configured workflows. This license terminates when you delete your content or your account, subject to reasonable backup and legal retention periods.

You are responsible for ensuring you have the right to provide all information, including recipient contact details.

7. Delivery and timing

Note delivery depends on third-party services (email providers, SMS gateways, push notification services) and is subject to factors beyond our control. We use commercially reasonable efforts to deliver notes according to your configured schedules, but we do not guarantee delivery at a specific time, or at all. Delays or failures may occur due to network issues, carrier filtering, incorrect recipient details, or force majeure events.

8. Billing and subscriptions

Paid plans are billed through Apple App Store or Google Play Store via in-app purchase and may auto-renew until cancelled. Pricing is displayed in the app before purchase. Refunds are governed by the applicable app store's refund policy. We do not process payments directly.

9. Acceptable use

You may not use the Service to: (a) violate any law or regulation; (b) send threatening, harassing, defamatory, or fraudulent content; (c) impersonate others; (d) distribute malware or interfere with the Service; or (e) attempt to gain unauthorised access to any part of the Service.

10. Termination and data

We may suspend or terminate your access for violations of these Terms, legal requirements, or security reasons, with notice where practicable. You may stop using the Service and delete your account at any time through the app settings.

Upon account deletion: (a) active note workflows will be cancelled and will not be delivered; (b) your User Content will be deleted within 30 days, except where retention is required by law or for legitimate security/fraud-prevention purposes.

11. Intellectual property

The Service, including its design, code, branding, and documentation, is owned by us and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as intended.

12. Warranty disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that notes will be delivered within any specific timeframe.

13. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising from or relating to these Terms or the Service is limited to the amount you paid us in the 12 months preceding the claim, or AUD $50, whichever is greater. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or opportunity, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages (including legal fees) arising from your use of the Service, your User Content, or your violation of these Terms.

15. Force majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, internet or telecommunications failures, third-party service outages, government actions, or pandemics.

16. Changes to terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you disagree, you may delete your account before the changes take effect.

17. Dispute resolution and governing law

These Terms are governed by the laws of Victoria, Australia. Any dispute arising under these Terms that cannot be resolved informally shall be submitted to the courts of Victoria, Australia.

Before initiating formal proceedings, you agree to first attempt to resolve any dispute by contacting us at support@justincasenote.com.

18. Apple and Google terms

If you access the Service through the Apple App Store or Google Play Store, you also agree to the applicable store's terms of service. Apple Inc. and Google LLC are third-party beneficiaries of these Terms and may enforce them. The app stores have no obligation to provide maintenance or support for the Service.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

21. Contact

Support: support@justincasenote.com