Good Ole Days: Terms of Use (DRAFT)

Draft for review. Not legal advice. Items marked [TOM] need a decision. Main things to check: the Australian Consumer Law (Sch 2, Competition and Consumer Act 2010), the unfair contract terms regime (now with penalties, from Nov 2023), and Apple's minimum EULA terms if you don't use Apple's standard EULA. Publish at goodoledaysapp.com/terms.

Last updated: [TOM: date]

These terms are an agreement between you and [TOM: legal entity, ABN] ("Good Ole Days", "we"). By creating an account you agree to them.

1. Who can use it

You must be 18 or older and able to enter into a binding contract. One account per person, and the details you give us must be true.

2. What Good Ole Days does

Good Ole Days suggests things to do and helps you invite friends, collect answers and add plans to your calendar.

We don't organise, host, sell or book events. Plans are arrangements between you and your friends. Any venue, ticket or booking is between you and that business. Suggestions are ideas only: check opening hours, prices, age limits and safety yourself.

3. Your account

Keep access to your email secure. You're responsible for what happens in your account. Tell us straight away if you think someone else has used it.

4. How to behave

Don't use Good Ole Days to:

• harass, threaten, or invite people who don't want to be contacted;
• post anything unlawful, hateful, sexually explicit, or that infringes someone else's rights, including in plan or crew names;
• spam people, scrape the service, reverse engineer it, or interfere with how it works;
• pretend to be someone else.

We can remove content, or suspend or close accounts, that break these terms. We'll tell you why where it's reasonable to.

5. Your content

You keep ownership of what you create, such as crew names, plan names and (later) photos. You give us a non-exclusive, worldwide, royalty-free licence to host, store and show it to the people you share it with, only so we can run the service. The licence ends when you delete the content or your account, except for copies other members already hold (for example a plan in their calendar).

6. Our stuff

The app, its design and the Good Ole Days name and logo belong to us. You may use the app for personal, non-commercial purposes.

7. Price

Good Ole Days is free at launch. If we add paid features, we'll tell you the price clearly before you pay, and you won't be charged without agreeing.

8. Your consumer rights

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law, which cannot lawfully be excluded or limited.

Subject to that: the service is provided "as is". We try hard to keep it working, but we don't promise it will be uninterrupted or error-free, or that notifications or calendar events will always arrive.

9. Liability

To the extent the law allows, we aren't liable for:

• anything that happens at a plan, event or venue;
• the conduct of other users;
• indirect or consequential loss.

Where our liability for failing to meet a consumer guarantee can be limited, it's limited to supplying the service again or paying the cost of having it supplied again.

[TOM: check the proportionality of this clause under the unfair contract terms regime, as it's a standard form consumer contract.]

10. Ending things

You can delete your account at any time in the app. We may end or suspend these terms if you seriously or repeatedly break them, or if we stop offering Good Ole Days (with reasonable notice where possible).

11. Changes

We may update these terms. If a change materially affects you, we'll give you notice in the app or by email before it takes effect. If you don't agree, you can delete your account.

12. Law

These terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction.

13. Contact

[TOM: hello@goodoledaysapp.com] · [TOM: postal address if required]

Apple App Store: these terms are between you and us, not Apple. Apple isn't responsible for the app or its content, has no obligation to provide maintenance or support, and is a third-party beneficiary of these terms. [TOM: confirm against Apple's "Minimum Terms of Developer's End-User License Agreement", or rely on Apple's standard EULA plus these terms of use.]