Terms and Conditions of Use

You must be at least 13 years old to use Departy. If you're under the age of majority where you live (18 in Ontario), a parent or guardian must agree to these Terms for you and is responsible for how you use Departy.

Departy's App Store age rating describes what's in the app. It doesn't change who can agree to these Terms. A trip owner can add a younger child to a trip as a guest, without the child using the app.

By installing or using Departy you accept these Terms electronically, as allowed by Ontario's Electronic Commerce Act, 2000. Ask us for a copy at any time.

We may update these Terms and will change the Last updated date when we do. We'll show material changes in the app before they take effect. Using Departy after that means you accept them. Changes never apply to anything that happened before them.

Departy helps a group keep its trip in one place: flights, places to stay, rental cars, the schedule, contacts and shared costs. It is an organizing tool. It is not a travel agent and doesn't book or sell travel.

You're responsible for checking anything that matters with the source:

• Flight times, terminals and gates with your airline.
• Bag sizes and allowances, which Departy fills in from airline websites and which can change or depend on your fare.
• Exchange rates, which come from the European Central Bank and are for reference only.
• Entry, visa and passport rules with the right government. A PDF exported from Departy is not an official document.
• Amounts owed between travelers, which Departy works out from what people enter.

The Emergency button opens the trip owner's contact details. It is not an emergency service. In an emergency, call the local emergency number.

Departy is free to download, and joining a trip someone else planned is always free. Planning your own trips is unlocked with a one-time in-app purchase.

The purchase gives you a personal, non-exclusive, non-transferable right to plan trips in Departy on devices signed in to your Apple Account, under Apple's rules. It is not a subscription and won't be turned into one. It doesn't promise that Departy will work on every future iPhone or iOS version, or that Apple will offer the app forever.

Departy is licensed to you, not sold. You may not resell, rent, sublicense or reverse-engineer it, except where the law says this restriction doesn't apply.

Apple processes all payments and handles refunds. We never see your payment details. Apple's Licensed Application End User License Agreement applies to Departy and fills any gaps in these Terms. Where the two conflict on a point Apple requires, Apple's agreement wins.

Apple has no duty to provide support or warranties for Departy. We are responsible for support, for claims that Departy doesn't work as described, and for claims that it infringes someone else's rights. Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them.

Questions about a purchase go to hello@markjim.com.

Departy uses Sign in with Apple and stores trips in iCloud, so you need an Apple Account signed in to iCloud. You're responsible for keeping your Apple Account secure. Apple's iCloud terms also apply to what Departy stores there.

A trip lives in its owner's iCloud and uses a small amount of their storage. If the owner runs out of space, closes their Apple Account or deletes the trip, the trip can stop syncing or be gone for everyone. Export a PDF if you want your own copy.

Everything you put in Departy stays yours. We don't own it, we can't see it, and we don't claim any rights to it. It's stored in iCloud, not on our servers.

Content added to a trip is stored in the trip owner's iCloud and shared with the people on the trip. The trip owner decides who's on it and can delete it. Expenses and payments you were part of stay in other people's trips so their totals still add up.

When a trip owner turns on a join code, you allow the code, the trip's name and its private link to be kept in Departy's public iCloud database for up to 24 hours, so people with the code can ask to join.

You're responsible for what you add. Only add other people's details, such as phone numbers, emergency contacts or guests, with their permission. Your travel documents are only shared if you turn sharing on.

Departy runs on Apple's iCloud, which has limits that every Departy user shares. You agree not to:

• (a) send automated, scripted or unusually high numbers of requests, or create trips, join codes or join requests in bulk;
• (b) guess or collect join codes, or try to reach trips, records or people you weren't invited to;
• (c) use Departy to store files or data that have nothing to do with a trip, or as general cloud storage;
• (d) read, change or misuse Departy's public iCloud database outside the app;
• (e) get around the in-app purchase, security or privacy features;
• (f) harass people, send unwanted join requests or impersonate anyone;
• (g) add content that is unlawful, infringing, hateful, sexually explicit or harmful;
• (h) add malware or anything designed to damage devices or data; or
• (i) copy, scrape or reverse-engineer Departy, except where the law allows.

If you break these rules, we or Apple may limit or block your use of Departy's iCloud services. Where we can, we'll tell you why.

Trips are private groups. The trip owner and organizers decide who joins and what's in the trip. We don't monitor or moderate what people add to private trips.

Money in Departy is a record of what people entered and a suggestion for evening things out. It is not financial advice, and we are not part of any payment between travelers. Disagreements between travelers are for them to settle.

Departy has no analytics or tracking code of its own. Apple gives us some information about the app, like download and purchase numbers, crash reports from people who chose to share them, and logs of requests to Departy's iCloud database. The Privacy Policy explains what's included. We use it only to keep Departy working and to improve it.

Departy, its name, logo, design and bag tag look belong to Mark Jim Group Ltd. and its licensors. You get a limited, personal right to use the app under these Terms, which ends if you break them. Nothing here gives you rights to our trademarks.

If you believe something in Departy infringes your copyright, email hello@markjim.com with your contact details, the work, where the material appears, and a statement that you believe in good faith it infringes. In Canada we follow the notice-and-notice system under the Copyright Act.

Departy depends on Apple's iCloud, Apple Maps, the App Store and the Frankfurter exchange rate service. We don't guarantee that Departy or these services will always be available, fast or free of errors. We may change, add or remove features, or stop offering Departy. If we do, your trips stay in iCloud for as long as Apple keeps them.

Apple, Frankfurter, airlines and other services connected to Departy have their own terms and privacy policies. We aren't responsible for them or for the information they provide.

Departy may link to other websites and apps, like Apple Maps or an airline's site. A link doesn't mean we endorse it, and you follow it at your own risk.

Departy is made in Canada. We don't promise that it suits every country, and you're responsible for following the laws where you use it.

You confirm that you're not in a country under a Canadian or US embargo and not on a restricted-party list. You agree to follow Canada's Export and Import Permits Act and Special Economic Measures Act, and any US export laws that apply.

These Terms start when you first use Departy and continue until ended. You can end them at any time by using Delete my account in Settings and deleting the app. We may stop providing the Services to you if you seriously or repeatedly break these Terms, and we'll tell you why where we can. When the agreement ends, your right to use Departy ends, except where these Terms or the law say otherwise.

By using Departy, you agree to how personal information is handled in the Departy Privacy Policy.

Subject to your rights as a consumer, you use Departy at your own risk. Departy is provided as is and as available. We don't promise that it will be uninterrupted, accurate, secure or free of errors, and we don't give any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

To the extent the law allows, Mark Jim Group and its affiliates aren't liable for indirect, consequential or punitive damages, or for lost data, profits, missed flights, travel costs or disputes between travelers, even if they were foreseeable.

Our total liability is limited to the greater of what you paid us in the 12 months before the claim or CAD $100. Nothing here limits liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

If you use Departy for personal, family or household purposes, your rights under Ontario's Consumer Protection Act, 2002 can't be waived, and any part of these Terms that conflicts with them doesn't apply to you, including the parts in capital letters. There is no arbitration requirement, and you keep your right to join a class action. The two-year limitation period under the Limitations Act, 2002 is not shortened. You can complain to Ontario's Ministry of Public and Business Service Delivery without contacting us first. If you live elsewhere, you keep the consumer protections of the place where you live.

To the extent the law allows, you agree to cover Mark Jim Group and its affiliates for claims that come from your breach of these Terms or your misuse of Departy, including content you add. We'll tell you promptly about any claim, let you take over the defence if you want, and not settle without talking to you. This doesn't cover our own breach or negligence.

These Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply. Business users agree to the courts of Toronto. Consumers can also bring a claim where they live. Before going to court, please tell us about the problem and give us 30 days to fix it. This is a request, not a requirement.

These Terms are available in accessible formats at no cost. Email hello@markjim.com to ask.

Severability. If part of these Terms can't be enforced, the rest still applies.

Waiver. Not enforcing a right isn't giving it up.

Entire agreement. These Terms and the Privacy Policy replace anything said before about Departy, without limiting liability for misrepresentation.

Assignment. You need our consent to transfer this agreement. We may transfer it to a buyer of Departy after telling you.

Third parties. Only you, Mark Jim Group and Apple have rights under these Terms.

Survival. The parts about intellectual property, disclaimers, liability, indemnity and governing law continue after the agreement ends.

Force majeure. Neither of us is responsible for failures caused by things outside our reasonable control.

Notices. We'll give you notices in the app. Send yours to hello@markjim.com.

Language. The parties asked for these Terms to be written in English. Les parties ont exigé que les présentes conditions soient rédigées en anglais.

Questions about these Terms? Email hello@markjim.com.