Draft — under legal review

1. Who we are and what these terms cover

FindMyItem is an iPhone app and online service provided by Railstons GmbH, a company based in Switzerland (“we”, “us”). You can reach us at support@findmyitem.app.

These terms are an agreement between you and us. They apply when you install, sign in to or use the app. Please read them together with our privacy policy, which explains how we handle your data. If you do not agree, please do not use the app.

Apple’s standard “Licensed Application End User License Agreement” (the Apple EULA) also applies to the app on your iPhone. These terms add the rules for our own service: accounts, sync, sharing and Premium. If anything here conflicts with the Apple EULA about your licence to use the app, the Apple EULA prevails.

2. Apple

These terms are between you and Railstons GmbH only, not with Apple. Railstons GmbH, not Apple, is solely responsible for the app, its content, its maintenance and support (contact us at support@findmyitem.app), and for any claims about it, including product-liability claims, claims that it fails to meet a legal requirement, and claims of intellectual-property infringement.

If the app fails to meet an applicable warranty, you may tell Apple, and Apple will refund the purchase price of the app (if any); beyond that, Apple has no warranty obligation for the app. Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you. You must also follow the terms of any third-party services you use with the app, and you confirm that you are not in a country under a US government embargo and not on a US government list of restricted parties.

3. Your licence to use the app

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on Apple devices that you own or control, as the App Store usage rules allow, for your own personal or household use.

You may not copy, sell, rent, lease or sub-license the app; reverse-engineer it or try to extract its source code, except where the law allows this despite this clause; remove notices from it; or get around its security or its limits.

We and our licensors keep all rights in the app, its design, the FindMyItem name and logo, and this website. You get only the rights stated here and in the Apple EULA.

4. Your account

To sync your inventory you need an account. Give us a correct email address, keep your password, recovery codes and phone safe, and turn on two-factor authentication if you can. You are responsible for what happens under your account. Tell us at support@findmyitem.app if you think someone else has got into it.

You must be at least 16 to create an account. An account is for one person: please do not hand your sign-in to others.

5. Free and Premium

FindMyItem is free to use within limits on how many places, items and photos you can add. Premium removes those limits and adds extra features. What is included, and the price, is shown in the app and on the App Store before you buy, and may change over time.

If your Premium ends, nothing you added is deleted or hidden: you can still see, search, edit and export everything. You just cannot add beyond the free limits or use Premium-only features until you subscribe again. Exporting your data and the app’s security features (app lock, two-factor authentication, signed-in devices, account deletion) are always free.

6. Subscriptions, free trial and renewal

Premium is an auto-renewing subscription, billed monthly or yearly, bought through the App Store. In the UK, Premium costs £3.49 a month or £29.99 a year; prices differ by country. The price you pay is the one the App Store shows when you confirm.

Free trial. You may be offered a free trial of 30 days. It starts only when you tap the button to start it and confirm with Apple, and it includes all Premium features. Apple allows one introductory offer per Apple ID. Unless you cancel at least 24 hours before the trial ends, it turns into a paid subscription automatically and your Apple ID is charged.

Renewal. Payment is charged to your Apple ID when you confirm the purchase (or when a free trial ends). The subscription renews automatically, at the same price and for the same period, unless you cancel at least 24 hours before the end of the current period. Your account is charged for the renewal within 24 hours before the end of the current period.

Managing and cancelling. Apple, not we, manages your subscription. To cancel or change it, open the iOS Settings app, tap your name, then Subscriptions, and choose FindMyItem. Cancelling stops the next renewal; you keep Premium until the end of the period you have already paid for. Deleting the app, or deleting your FindMyItem account, does not cancel the subscription.

Refunds. Because Apple takes the payment, refunds are decided by Apple under its rules (reportaproblem.apple.com); we cannot refund App Store purchases ourselves. This does not affect any rights you have by law.

Price changes and new phones. We may change the price. Where Apple’s rules require it, Apple will tell you before a change affects you, and you can cancel before it applies. If you reinstall the app or get a new iPhone, use Restore Purchases in the app to get Premium back.

7. Fair use and storage limits

FindMyItem, including Premium, is for keeping track of a household’s belongings. Premium has no item limit for normal household use, but storage is not unlimited: the limits below apply to every account, to keep the service fast and fair for everyone.

The free plan has lower limits (see Free and Premium above). These limits apply to every account, including Premium:

• Photos: up to about 2,500 photos in total (items and boxes together). The app stores a resized copy of each photo plus a small thumbnail, and each photo file can be at most 5 MB.
• Inventory: up to 20,000 items, 2,000 boxes and 200 places per account.

Backup copies you make to iCloud go to your own iCloud storage, under your Apple ID, and count against your iCloud allowance, not ours.

If you reach a limit, the app tells you. Nothing you have already saved is deleted, and you can make room by deleting photos or items.

FindMyItem is not for bulk photo storage, for commercial stock or business inventory beyond household scale, or for automated uploads. If an account’s use is far beyond normal household use, we may contact the owner, and after giving notice we may restrict uploads.

We may change these limits. We will give you at least 30 days’ notice, in the app or by email, before we lower a limit that affects you.

8. Apple, Google and other services

Some features rely on services we do not run. iCloud backup is stored by Apple in your own iCloud Drive; Siri is Apple’s; Directions open Apple Maps or, if you choose it, Google Maps; the App Store handles payments. Their own terms and privacy policies apply to them, and we are not responsible for how they work or whether they are available. iCloud backup and exports are a convenience: please keep your own copy of anything important.

9. Your content

Everything you put in the app (names, notes, photos, locations) stays yours. You give us only the permission we need to run the service for you: to store, sync, back up, process and display it to you and to the people you choose to share it with. We do not sell it or use it for advertising.

You promise that you have the right to add what you add, that it does not break the law or anyone’s rights, and that your photos show nothing illegal and no people who have not agreed. You can export your data and delete your account at any time from inside the app.

10. Acceptable use

Please do not:

• use the app for anything unlawful, or to harass, threaten or spy on anyone;
• try to see data that is not yours or was not shared with you, or get around the app’s security, limits or invite-code protections;
• overload, probe or disrupt our servers, or send automated requests, bulk sign-ups or malware;
• add content that is illegal or that you have no right to use;
• use another person’s name or identity.

If you break these rules we may warn you, limit features, or suspend or end your account.

11. A memory aid, not a guarantee

FindMyItem shows what you and the people you share with have recorded. It cannot know where things really are: if something is moved and the record is not updated, the answer will be wrong. Siri answers come from the same records and may mishear you. Please do not rely on FindMyItem as your only record of valuable, important or irreplaceable things, or for insurance, medical, legal or emergency purposes.

We work to keep the service reliable, but it is provided “as is” and “as available”. To the extent the law allows, we give no warranty that it will be uninterrupted, error-free or fit for a particular purpose. Features in test versions (such as TestFlight) may change or disappear. Rights you have by law that cannot be excluded are not affected.

12. Our liability

Nothing in these terms limits liability that cannot be limited by law, for example for intent or gross negligence, for injury to life, body or health, or under mandatory consumer or product-liability law.

Otherwise, to the extent the law allows, we are not liable for slightly negligent breaches, for indirect or consequential loss, lost profits, or loss of data, items or opportunities, and our total liability for any claim is limited to the amount you paid for Premium in the 12 months before the claim, or CHF 100 if you only used the free version.

13. Ending your use

You can stop using FindMyItem at any time: delete your account in the app (the privacy policy explains what is removed) and, if you subscribed, cancel with Apple. We may suspend or end your access if you seriously or repeatedly break these terms, if the law requires it, or if your use puts the service or other people at risk. Where reasonable we will tell you first and give you the chance to export your data.

If we ever stop offering the service we will give reasonable notice and time to export your data. When these terms end, your licence ends; the parts that by their nature should continue (such as ownership, liability and governing law) do.

14. Changes

We may update these terms, for example when the app or the law changes. We will change the date at the top and, for changes that matter, tell you in the app or by email before they apply. If you keep using the app after that, you accept the new terms; if you do not agree, you can stop and delete your account. We may also change, add or remove features; we will not do so in a way that takes away what you have already paid for without a fair remedy.

15. Governing law and disputes

These terms are governed by [TO CONFIRM BY LAWYER: governing law]. Disputes are for [TO CONFIRM BY LAWYER: courts / place of jurisdiction]. If you are a consumer, you keep the mandatory consumer-protection rights of the country where you live, and nothing here takes them away.

Where we publish these terms in other languages, they are translations for convenience. If they differ, the English version prevails, unless the law of your country says otherwise.

16. General

These terms, the Apple EULA and the privacy policy are the whole agreement between you and us about the app. If a part is found invalid, the rest stays in force. If we do not enforce a right straight away, we do not give it up. You may not transfer your rights under these terms; we may transfer ours to a successor of our business, as the law allows.

17. Contact

Railstons GmbH
support@findmyitem.app