Terms of Use

1. Introduction

These Terms of Use (“Terms”) govern your use of the Vacation Countdown application for iPhone, its Home Screen widget, and the website thevacationcountdown.app (together, “the App”). By downloading, installing or using the App you agree to these Terms. If you do not agree, do not use the App.

You must be old enough to enter into a binding contract where you live, or use the App with the consent of a parent or guardian. If you use the App on behalf of someone else, you confirm you are allowed to accept these Terms for them.

2. Owner

References to “we”, “us” and “the Owner” mean Diego de Paz Sierra. The Owner is the sole party responsible for the App and its content; Apple Inc. is not.

3. License and acceptable use

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the App Store’s Usage Rules in the Apple Media Services Terms and Conditions.

You may not:

• copy, modify, distribute, sell, rent or sublicense the App or any part of it;
• reverse engineer, decompile or attempt to extract the source code of the App, except where the law expressly allows it;
• circumvent the free-tier limits, the Pro entitlement or any other technical measure in the App;
• use the App in any way that is unlawful, harms others or interferes with the services the App relies on (for example by flooding the destination search);
• remove or hide any copyright, license or attribution notice shown in the App.

The App, its design, code, templates, built-in backgrounds, icons and text are owned by the Owner or its licensors and are protected by copyright and other intellectual-property laws. Apart from the license above, no rights are granted to you.

4. Vacation Countdown Pro

Free tier

The App can be used free of charge with up to 3 countdowns and the standard backgrounds, colors and templates. We may change what the free tier includes in future versions; countdowns you already created stay available.

Pro plans

Vacation Countdown Pro unlocks unlimited countdowns, premium backgrounds and accent colors, and every template. Pro is offered as:

• a monthly auto-renewing subscription;
• a yearly auto-renewing subscription;
• a lifetime one-time purchase, which unlocks Pro permanently on the same Apple Account for as long as the App is available.

Prices are shown in the App before purchase, in your local currency, and may differ by country. Prices may change; a change to a subscription price never applies to a period you have already paid for, and Apple will notify you and, where required, ask for your consent before a higher price takes effect.

Billing, renewal and cancellation

• Purchases are made through the Apple App Store and are subject to the Apple Media Services Terms. Payment is charged to your Apple Account when you confirm the purchase.
• Subscriptions renew automatically for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within 24 hours before the current period ends.
• You can manage or cancel a subscription at any time in Settings › [your name] › Subscriptions on your iPhone. Cancellation takes effect at the end of the period already paid; you keep Pro until then. No partial refunds are given for unused time.
• Deleting the App does not cancel a subscription.
• If you reinstall the App or use a new device, tap Restore Purchases in the App’s settings while signed in to the same Apple Account.
• Refunds are decided and issued by Apple under its policies; request one at reportaproblem.apple.com. We cannot issue refunds directly.

If we permanently discontinue the App, the Pro features will remain usable in the installed version, but we will not be able to guarantee compatibility with future iOS releases.

5. Your content

Countdowns you create, including their names, dates and settings, are your content. We claim no ownership of them. The App stores them only on your device; see the Privacy Policy.

You are responsible for what you enter and for anything you share or export from the App. Shared images and exported .vacationcountdown files are not encrypted; do not include information you would not want the recipient to see.

6. Third-party content and services

Destination photos

When you pick a destination, the App fetches a photograph from Wikipedia / Wikimedia Commons. These photos are not ours: each is published by its author under a free license (for example Creative Commons BY-SA or public domain), and the App displays the author and license with the photo. You may view them in the App and in countdown images you share for personal purposes. Any other use must comply with the photo’s own license, including attribution. We do not guarantee that a photo is accurate, appropriate or available; you can switch to a built-in background at any time.

Services the App relies on

The App uses Apple Maps for destination search, Apple’s StoreKit and RevenueCat for purchases, and Google Firebase for anonymous crash reporting and usage statistics. Your use of those services is governed by their providers’ terms. If a provider changes or discontinues a service, a feature of the App may stop working; we will make reasonable efforts to adapt.

External links

The App and this website may link to external sites. We have no control over them and are not responsible for their content or availability.

7. Not travel advice

The App counts the days until a date you enter. It does not know about your bookings, time zones of your destination, or changes made by airlines, hotels or tour operators. Always verify your actual travel dates and times with your booking documents. We are not liable for a trip missed, a booking made on the wrong date, or any other loss resulting from reliance on a countdown, a reminder or a calendar import.

8. Term, termination and changes

These Terms apply for as long as you use the App. You may stop at any time by deleting it. We may suspend or terminate your license if you materially breach these Terms.

We may update the App, add or remove features, and change these Terms. The current version is always published at thevacationcountdown.app/terms with its date. For material changes that affect existing Pro subscribers, we will inform you in the App or in the release notes before they take effect. If you continue using the App after a change, you accept the new Terms; if you do not agree, cancel any subscription and stop using the App.

9. Warranty, liability and indemnity

No warranty. The App is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, uninterrupted or error-free operation, and compatibility with future iOS versions.

Limitation of liability. To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, loss of data, or loss of profits or enjoyment arising from your use of or inability to use the App. Our total liability for any claim relating to the App is limited to the amount you paid us for the App in the 12 months before the claim.

Consumers. Nothing in these Terms limits rights that consumer-protection law grants you and that cannot be waived by contract. In particular, if you are a consumer in the European Union, the United Kingdom, Switzerland, Brazil or Argentina, your statutory rights and remedies remain intact, including rights relating to defective digital content and to the withdrawal from distance contracts to the extent Apple’s purchase process makes them available.

Indemnity. You agree to indemnify the Owner against claims and costs arising from your breach of these Terms or your misuse of the App, to the extent permitted by the law that applies to you.

10. Apple-specific terms

The following terms apply because the App is distributed through the Apple App Store:

1. Acknowledgement. These Terms are between you and the Owner only, not Apple. The Owner, not Apple, is solely responsible for the App and its content.
2. Scope of license. The license in section 3 is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. The Owner is solely responsible for providing any maintenance and support for the App, as specified in these Terms or as required by law. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. The Owner is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the Owner’s sole responsibility.
5. Product claims. The Owner, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
6. Intellectual property. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual-property rights, the Owner, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims about the App go to the Owner at the address in section 2.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example your wireless data service agreement).
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

11. Governing law and venue

These Terms are governed by the law of the place where the Owner is based, the Argentine Republic, without regard to conflict-of-laws principles.

Exception for consumers. Regardless of the above, if the law of the country where you reside as a consumer provides a higher level of protection, that higher protection prevails. Consumers in Switzerland benefit from Swiss law; consumers in Brazil benefit from Brazilian law and the Consumer Defence Code.

Any dispute arising out of or connected with these Terms is subject to the exclusive jurisdiction of the ordinary courts of the City of Buenos Aires, Argentina. This does not apply to consumers residing in the European Union, the United Kingdom, Norway, Iceland or Switzerland, who may bring proceedings in the courts of their country of residence, and it does not deprive any consumer of the protection of mandatory venue rules of their own country.

EU consumers: online dispute resolution. The European Commission provides a platform for the resolution of consumer disputes at ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board, but you are welcome to contact us first to resolve any issue directly.

12. General provisions

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and the Owner about the App and replace any earlier agreements.
• Severability. If a provision is found invalid or unenforceable, it will be applied to the maximum extent permitted and the rest of the Terms remain in force.
• 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 ours to a successor who takes over the App, with notice to you.
• Language. These Terms are written in English. Translations, if provided, are for convenience; the English version prevails to the extent permitted by law.

13. Contact

Questions about these Terms: iosdeppa@gmail.com, or by post to the address in section 2. For help with the App, see the Support page.