1. Who are we?
1.1 We are [OPERATOR LEGAL NAME]. Our information is at the end of this document.
2. About this document
2.1 These are our legal "terms and conditions" which cover your use of our Platform. Please read them carefully and keep a copy. If there is anything you do not understand, please contact us using the details at the end of this document.
2.2 This version of our terms replaces any earlier version.
3. Some definitions
3.1 In these terms, words with capital letters have the following meanings:
- "Account" means your registered account on our Platform.
- "Consumer" means an individual acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.
- "Content" means all information of whatever kind that is displayed, stored or sent on or in connection with our Platform.
- "External Sign-in Provider" means a third party service you may choose to sign in with, namely Google, Microsoft, Facebook, GitHub, Discord, LinkedIn or Apple, where we have made that option available.
- "Planner Content" means the Content you enter into the planner, such as habit names, repeat rules, colours, daily marks, comments, numbers, counters, tasks and notes.
- "Platform" means the "MyKalendo" monthly habit planner service we offer by means of our website (including the home page, the planner and the printable planner page) and any related services.
- "User" means anyone using our Platform (whether or not registered with us).
4. How you enter a legal contract with us
4.1 By registering on our Platform, either with an email address and password or by using an External Sign-in Provider, you offer to enter a legal contract with us to use our Platform on these terms.
4.2 We reserve the right in our discretion for any lawful reason to refuse any request to use our Platform, and we may close registration of new Accounts at any time.
4.3 By accessing any part of our Platform that does not require registration, you are also bound by these terms to the extent they are relevant.
5. Your right to use our Platform
5.1 We grant you a limited personal non-transferable right to use our Platform on any applicable device, in accordance with these terms.
5.2 You agree to comply with any applicable third party terms when using our Platform, including the terms of any External Sign-in Provider you choose to use.
5.3 You must not use, or attempt to register on, our Platform if you are below [MINIMUM AGE] years of age.
5.4 Our Platform is currently provided free of charge. [CONFIRM: no fees, subscriptions or advertising.] If we ever introduce charges, we will tell you in advance and you will not be charged unless you agree.
6. Standard of service
6.1 We aim to provide our Platform with reasonable skill and care. We do not promise that our Platform will be uninterrupted or error-free.
7. Changing these terms
7.1 We may update these terms from time to time, for example to reflect changes in our Platform, the law or our business. We will give you reasonable notice of any change, and the new version will state the date it takes effect.
7.2 If you do not accept the new terms, you should stop using our Platform and you may delete your Account as described in section 14.
8. Changes to our Platform
8.1 We may change our Platform at any time. We may add new features and/or Content, and we may change or remove features and/or Content at our discretion.
9. Behaviour when using our Platform
9.1 You agree not to do any of the following in connection with our Platform:
- break the law or infringe anyone else's rights;
- send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
- use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
- deceive or mislead anyone;
- send, store, display or link to any Content that includes someone else's personal information without a lawful basis;
- impersonate anyone;
- use our Platform to help you compete with us or to infringe our rights;
- disrupt our Platform, e.g., spam, viruses or phishing;
- interfere with or damage our Platform or gain unauthorised access to any part of our system;
- intercept, modify or impede communications;
- impose an unreasonable load on our Platform;
- get around any security features including those designed to stop copying of Content; or
- attempt, encourage or assist any of the above.
9.2 We are required to tell you that you have the right to bring a claim against us for breach of contract if:
- any of your Content is taken down or restricted; or
- you are suspended or banned from using our Platform in a way that breaches these terms.
9.3 You agree to comply with the guidance/requirements on our Platform and to cooperate promptly and reasonably with us.
9.4 You must keep the email address and other information you give us accurate, and tell us promptly about any important changes.
10. Your Content
10.1 You are responsible for your Content, including your Planner Content.
10.2 Your Planner Content is private to your Account. We do not show it to other Users. We may show anonymous totals on our Platform (for example the number of Accounts, habits or days marked), which never identify you or show your individual Content.
10.3 Subject to data protection law and any rights you have under section 9.2, we may reject, suspend, alter, remove or delete Content, and disclose it to the relevant authorities, where we reasonably believe it breaks the law or these terms.
10.4 You should keep your own copy of any Content that is important to you (for example by using the printable planner page). We are not responsible for losses which a copy would have prevented. This does not affect our duties under data protection law.
10.5 We may delete your Content after at least [INACTIVITY PERIOD, e.g. twelve months] of inactivity on your Account, or another period we set and tell you about. [CONFIRM: whether inactive Accounts will be deleted at all.]
11. Other people's services
11.1 If you choose to sign in with an External Sign-in Provider, that provider's own terms and privacy policy apply to your use of their service. We are not responsible for their services, and we do not control what information they collect.
11.2 If an External Sign-in Provider tells us that the email address on your account with them is verified, and it matches an existing Account on our Platform, we will connect that sign-in to the existing Account.
11.3 We may stop offering any External Sign-in Provider at any time. If that happens, you can still use your Account if you have set a password for it.
12. Account responsibility
12.1 Your Account is for your personal use only, is non-transferable, and must not be shared.
12.2 You must keep your login details confidential and tell us immediately if you suspect a security breach. You are responsible for unauthorised use of your Account or identity which results from you not keeping your login details safe.
13. Support
13.1 We provide support only if we choose to offer it, and through the methods we specify.
13.2 Support is by [SUPPORT METHOD, e.g. email to CONTACT EMAIL]. We do not guarantee response times or outcomes, and we may change or withdraw support.
13.3 We do not need to provide support if you have breached these terms.
14. Ending or suspending the contract
14.1 You can end the contract at any time by using "Delete my account" on the Account page. This permanently deletes your Account and all your Planner Content. It cannot be undone.
14.2 Subject to any rights you have under section 9.2, we may end, suspend or restrict your access to our Platform if:
- you have breached these terms;
- your behaviour in connection with our Platform is inappropriate;
- we reasonably believe your use of our Platform creates a risk to us, other Users or our systems;
- we are required to do so by law or by a regulator; or
- we decide to discontinue our Platform.
14.3 Where reasonably possible, we will give you notice before we end the contract, unless a legal or regulatory obligation requires otherwise or you have repeatedly breached these terms. [CONFIRM NOTICE PERIOD, e.g. 30 days, if we discontinue the Platform.]
14.4 When the contract ends, your rights under these terms end, and we may delete your Account and Content. We may keep information as set out in our Privacy and Cookies Policy.
15. Our guidance
15.1 Any general guidance we give (for example tips on building habits) is not guaranteed to be accurate, current or relevant to you, and you rely on it at your own risk. Our Platform is not medical, psychological or professional advice.
16. Platform errors and downtime
16.1 We do not guarantee that our Platform will be uninterrupted or error-free.
16.2 We may suspend our Platform without notice or liability for repair or maintenance. We will try to give reasonable notice of planned maintenance.
17. Limits on liability
17.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited. This applies to us and to our officers, employees and subcontractors.
17.2 If you are a Consumer, we are not liable for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- such loss or damage was not reasonably foreseeable;
- (and to the extent that) such loss or damage is your fault, for example by not complying with these terms; or
- such loss or damage relates to a business of yours.
17.3 If you are a Consumer, you are responsible to us for reasonably foreseeable losses, including claims by third parties, caused by your breach of these terms or misuse of our Platform.
17.4 If you are not a Consumer:
- implied terms are excluded to the fullest extent allowed by law;
- we are not liable for loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; harm to reputation or loss of goodwill; or indirect, consequential or special losses;
- our total liability to you for all other losses is limited to [LIABILITY CAP, e.g. £100];
- you agree to indemnify us against all claims and liabilities arising out of your breach of these terms or misuse of our Platform (except insofar as we are at fault); and
- this agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations.
18. Intellectual property
18.1 You keep ownership of any intellectual property in your Content. You give us the rights we need to store, display, process and print your Content in order to provide our Platform to you.
18.2 We and our partners or suppliers own the intellectual property in our Platform and in all Content not supplied by Users.
18.3 You may view our Content for your private, non-commercial use. You must not copy, publish, sell or alter it without our permission, and you must not misrepresent its source.
18.4 You must not collect, scrape, harvest, frame or deep-link to Content on our Platform without our specific prior written consent.
19. Personal information
19.1 We handle your personal information in accordance with our Privacy and Cookies Policy, which may change from time to time.
20. Circumstances beyond our control
20.1 We are not liable for any failure or delay in performing our obligations caused by circumstances beyond our reasonable control, including failures of third party telecommunications or hosting services, and epidemics or pandemics.
21. Transferring rights and obligations
21.1 We may transfer our rights or obligations under these terms to someone else if this does not prejudice your rights. You may not transfer your rights or obligations without our prior written consent.
22. English law and courts
22.1 These terms are governed by English law, and any dispute will be decided only by the courts of the United Kingdom. If you are a Consumer, you keep the benefit of any mandatory provisions of the law of the country where you live.
23. General provisions
23.1 We may send notices by email to the most recent email address you have given us, or by displaying the notice when you log in to our Platform. You can send notices to us using the contact details below.
23.2 Headings used in this document are for information and not binding.
23.3 If any part of these terms is ineffective or unenforceable for any reason, the rest of the terms will still apply.
23.4 If either of us overlooks any breach by the other, it can still be actioned later.
23.5 A person who is not a party cannot enforce these terms unless they say otherwise.
23.6 The parties are independent and, except as otherwise specifically stated above, nothing in these terms makes any party an agent, employee or representative of the other.
24. Complaints
24.1 Please send any complaints to us using the contact details below.
25. Information about us
25.1 The Platform is operated by [OPERATOR LEGAL NAME].
25.2 [IF A COMPANY: Incorporated in England and Wales, registered number [COMPANY NUMBER].]
25.3 Address: [ADDRESS].
25.4 Contact: [CONTACT EMAIL OR CONTACT PAGE].
26. Plans, free month and payments
[TO DO: lawyer review. This whole section is a placeholder written by the developer, not legal text. It must be checked and rewritten by a lawyer before payments go live, including the UK subscription rules (Digital Markets, Competition and Consumers Act 2024, from January 2027) and the 14-day right to cancel.]
26.1 [FREE MONTH] New accounts can use everything free for 30 days. No card is needed. When the free month ends without a plan, you can keep using the month it ended in; other months need a plan. Nothing you made is deleted.
26.2 [PLANS AND PRICES] Monthly (£2.99 a month) or yearly (£24.99 a year), prices including VAT. Payments are taken by card through Stripe.
26.3 [RENEWAL AND REMINDERS] Plans renew automatically at the end of each period until cancelled. Reminder notices before renewal, as the law requires.
26.4 [CANCELLATION] You can cancel online at any time from Plan and billing on your Account page. The plan stays active until the end of the period already paid for.
26.5 [14-DAY COOLING-OFF PERIOD] Your right to cancel within 14 days of starting a paid plan (and after a renewal where the law says so), and how a refund is worked out.
26.6 [REFUNDS] When refunds are given and how.
26.7 [CUSTOM DESIGNED PDFS] Custom planner designs are quoted and agreed separately by email before any work starts.