The deal, in language you can actually read.

1. Who you are agreeing with

These terms are between you and Thistleyard Ltd, a company registered in England and Wales, company number 17455649, registered office 68 St. Marys Drive, Crawley, England, RH10 3BN (“we”, “us”). By creating an account or using our apps or this website, you accept them. If you do not, please do not use the service.

This agreement is with us alone, not with Apple. We, not Apple, are solely responsible for JotNext and its content.

2. Who can use it

You must be at least 16 years old, or 13 if you live in the United Kingdom, and in any case old enough to agree to a contract where you live. If you are under 18, please ask a parent or guardian first. If you use the service for an employer or organisation, you confirm you may accept these terms for them.

3. Your account

Keep your sign-in details to yourself, and tell us promptly if you think someone else has them. You are responsible for what happens under your account. One account is for one person; shared lists are how you work with other people, not a shared login.

4. Your content is yours

Everything you put into the app — tasks, lists, notes, places — stays yours. You give us only the permission we need to run the service for you: to store your content, move it between your devices, back it up, and show it to people you deliberately share a list with. Nothing more. We do not use your content to advertise to you and we do not sell it. The privacy policy explains how we handle it.

5. Fair use

Please do not:

• break the law with it, or use it to harm, harass or impersonate anyone;
• upload malware, or try to break into, overload or probe our systems;
• scrape the service, resell it, or run it as a service for others without our written agreement;
• work around the limits of your plan, or use one account for many people.

We may suspend or close an account that does these things. Where it is reasonable to do so, we will warn you first and give you a chance to put it right.

6. Free and paid plans

There is a free tier. Some features require a paid subscription. We will always show the price and the billing period before you pay, and we will not start charging you without telling you first.

Subscriptions bought inside an app are sold by Apple, not by us. Payment is charged to your Apple Account when you confirm the purchase. A subscription renews automatically unless you turn renewal off at least 24 hours before the current period ends, and your Apple Account is charged for the renewal within the 24 hours before that. You manage and cancel subscriptions in your Apple Account settings, not with us. Cancelling stops the next renewal; you keep the paid features until the end of the period you have already paid for. If a free trial is offered, any unused part of it is forfeited when you buy a subscription.

If we change the price of an existing subscription, we will give you clear notice beforehand and you will be free to cancel before it takes effect.

7. Refunds and your cancellation rights

For anything bought through Apple, ask Apple for a refund — they are the seller. If something goes wrong, tell us as well, because we would rather fix it.

As a UK or EU consumer you normally have 14 days to change your mind about digital content. Because a subscription gives you access immediately, you are asked to agree that it starts at once, and to acknowledge that you therefore lose that 14-day right. You keep every other right you have: under the Consumer Rights Act 2015 digital content must be of satisfactory quality, fit for purpose and as described, and nothing in these terms affects that.

8. Keeping the service running

We work hard to keep the service available and your data safe, but we do not promise it will never be interrupted. We may need to take it down for maintenance, and we will give notice where we reasonably can. We may change or remove features as the product develops; if we withdraw something significant from a plan you pay for, we will tell you in advance.

Please do not rely on the app as your only record of anything critical. Travel times and weather are estimates from third parties and can be wrong.

9. Our rights, and your licence

The apps, this website, our name, our logo and our designs belong to us and are protected by copyright and trade mark law. We grant you a personal, non-exclusive, non-transferable licence to use JotNext on any Apple-branded product that you own or control, as permitted by the Usage Rules in Apple’s App Store Terms of Service. You may not copy, resell, rent, decompile or reverse engineer it, except so far as the law expressly allows you to.

10. Where we stand on liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law — including your rights under the Consumer Rights Act 2015.

Otherwise: we are liable for loss you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill, and we do not limit that liability to consumers by any fixed sum. We are not liable for loss that is not foreseeable. If you use the service for business purposes we are not liable for loss of profit, business, contracts or opportunity, and our total liability to a business user is limited to the amount that user paid us in the twelve months before the problem arose.

11. Ending it

You can stop using the service and delete your account at any time — from inside the app once accounts are available, or by emailing us; see the support page. We may close your account if you seriously or repeatedly break these terms, or if we stop providing the service altogether, in which case we will give you reasonable notice and a way to export your data first.

12. Changes to these terms

We may update these terms. For anything that materially affects you we will give notice in the app or by email before the change takes effect, and if you do not accept it you can close your account and, where you have paid for a period you will not now receive, ask us for a fair refund.

13. If you got the app from Apple’s App Store

Apple requires us to say the following, and it applies in addition to everything above.

• Apple is not a party. This agreement is between you and us only. We, not Apple, are responsible for JotNext and its content.
• Support. We are solely responsible for support and maintenance. Apple has no obligation to provide either.
• Warranty. We are solely responsible for any warranty, whether express or implied. If JotNext fails to conform to any warranty that applies, you may tell Apple, and Apple will refund the purchase price if you paid one. To the maximum extent the law allows, Apple has no other warranty obligation at all, and any other claims arising from a failure to conform are our responsibility.
• Claims about the product. We, not Apple, are responsible for dealing with any claim about JotNext — product liability, a failure to meet a legal or regulatory requirement, or a claim under consumer protection or similar law.
• Intellectual property. If anyone claims JotNext infringes their intellectual property, we, not Apple, are solely responsible for investigating and defending it.
• Where you are. You confirm that you are not in a country subject to a US Government embargo or designated as “terrorist supporting”, and that you are not on any US Government list of prohibited or restricted parties.
• Questions and complaints. Contact us at support@thistleyard.com, or Thistleyard Ltd, 68 St. Marys Drive, Crawley, England, RH10 3BN.
• Third party terms. You must comply with any applicable third party terms when using JotNext.
• Apple may enforce this section. Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and on your acceptance of them Apple has the right — and is deemed to have accepted the right — to enforce them against you.

14. The legal bits at the end

• If a court finds part of these terms unenforceable, the rest still stands.
• Not enforcing something straight away does not mean we have given it up.
• You may not transfer your rights under these terms; we may transfer ours if our business is sold, and your rights will not be reduced.
• Apart from Apple, as set out in section 13, someone who is not a party to these terms has no right to enforce them.
• These terms are governed by the law of England and Wales. You can bring proceedings in the courts of England and Wales, and if you are a consumer you can also bring them in the courts of the country where you live — and you keep the protection of that country’s mandatory consumer law.

15. Talking to us

hello@thistleyard.com, or by post to the registered office above. If we cannot settle a complaint between us, you can take it to the courts described in section 14.