terms of service.

About these terms

tend & tally is a family planner for a screen in your kitchen. It is provided by Paul Holyoak, trading as TEND & TALLY, ABN 27 104 644 640, in Australia. In these terms, "we" and "us" means that business.

These terms are the agreement between us and the parent who opens the account. By opening an account, or by paying for a plan, you agree to them. Please also read our privacy policy and our refund policy, which are part of this agreement.

Who sells you the subscription

Our order process is run by our online reseller, Paddle. Paddle is the merchant of record for all our orders. That means Paddle is the seller on your card statement, takes the payment, sends your receipts and tax invoices, and handles tax.

When you pay, Paddle's own buyer terms also apply. Where our terms or our refund policy give you more than Paddle's terms do, you get the more generous of the two.

Your card details go to the merchant of record. They never reach us.

One family, one subscription

The planner is sold per family, not per person. One subscription covers every member of the household and every device you use it on. There are no per-person or per-screen fees.

A family is whatever household you set up. We do not define it any further, and we will not police it.

A second parent joins your family by invitation, and is never billed separately.

Separated parents can choose. They can run two families, each with its own subscription and no shared data. Or they can share one family. Both are allowed. Note that everyone in one family can see everything in it.

Your account

• You must be 18 or over to open an account or to pay for a plan.
• A parent is the account holder. Children do not have their own accounts. They have profiles, which a parent sets up and manages.
• Keep your password and your parent PIN private. You are responsible for what happens in your family's account, and for the people you invite into it.
• Tell us straight away at [email protected] if you think someone else has got into your account.

Who holds billing

One parent in the family holds billing at a time. Any parent can use the planner, but only the billing holder can pay, change the plan or cancel.

The billing holder can hand billing over to another parent in the same family. The other parent must accept, and must enter their own payment details. The family's information stays with the family.

If the billing holder leaves the family or stops paying, another parent can take over billing during the grace period described below.

Plans and prices

• Yearly — A$79 a year.
• Monthly — A$8.50 a month.
• Founding family — A$49 a year, for the first 10 families only, on the yearly plan only.

Prices are in Australian dollars and include GST. The price we show you before you pay is the price you pay.

The founding price is locked for as long as you stay. "Stay" means your subscription never lapses past the grace period. If you cancel and come back later, you come back at the price of the day. A place counts as taken when its first payment goes through. When all 10 places are taken, the offer closes for good.

Every plan includes the whole planner. No feature is an extra.

Free trial

Every new family gets a 14-day free trial. We ask for payment details at the start, because the plan you chose begins on day 15.

We email the billing holder 3 days before the trial ends, with the amount, the date and a link to cancel.

Cancel before day 15 and you are never charged. Your access runs to the end of day 14.

Renewal

Plans renew automatically at the end of each month or year, and the merchant of record charges the same payment method, until you cancel.

For yearly plans, we email the billing holder 14 days before each renewal, with the amount, the date and a link to cancel.

If we change a price, we tell you by email at least 30 days before. The new price starts at your next renewal after that notice, never part-way through a period you have paid for. The founding price does not change.

Cancelling

The billing holder can cancel at any time in the app, in Settings. You do not need to email us or call us.

Cancelling stops the next charge. It does not end your access early: your family keeps the full planner to the end of the period you have paid for.

Cancelling does not delete your family's information. Deleting the family is a separate step, also in Settings.

If a payment fails

If a charge fails, your family keeps full access for 14 days while the merchant of record tries the card again. We email the billing holder during that time, with a link to update the payment details. Any parent in the family can take over billing in that time.

If the payment still has not gone through after 14 days, the plan pauses. You can still sign in, pay, or export your family's information, but the planner itself is paused. Children's profiles and the wall screen show a note asking a grown-up to open Settings, never a price or a card form.

We keep a paused family's information for 90 days. We email the billing holder 30 days and 7 days before we delete it. If you pay at any time in those 90 days, everything comes back as it was.

Refunds

In short: if you ask within 14 days of any charge, you get all of that charge back. The details are in our refund policy.

If you have a problem with a charge, please email us before you contact your bank. While a chargeback is open, the family's plan is paused. The family is not banned, and it can come back.

Your family's information

What your family puts into the planner belongs to your family. We use it only to run the planner for you, as our privacy policy describes.

You can export your family's information at any time, including while a plan is paused.

Only upload photos and other content that you have the right to use.

Using the planner fairly

Please do not misuse the planner. That means:

• do not try to get into another family's information, or into parts of the service you are not meant to reach;
• do not disrupt, overload or probe the service, or get round its security;
• do not resell the planner, or use it to store or share unlawful content.

If someone does, we can suspend or close their account. Unless the misuse is serious or urgent, we will tell the billing holder first and give them the chance to fix it.

Calendars and services you connect

You can connect Google Calendar or an Apple iCloud calendar. Those services have their own terms, and we do not control them. If one of them changes or stops working, the connection to it can stop too.

The service

We work hard to keep the planner running and your information safe. Sometimes we need to take it offline for maintenance, and we try to do that when families are least likely to be using it.

We improve the planner over time, so features can change. If we plan to remove something important that you pay for, we tell you first.

The planner is an organising aid. Do not rely on it alone for anything where a missed reminder could cause harm, such as medication, medical appointments or court-ordered arrangements.

Your rights under Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms takes away those guarantees, or any other right the law gives you that cannot be excluded.

For a major failure with the service — for example, if it is unavailable for days, or if we lose your family's information — you are entitled to a remedy, whatever else these terms say.

Apart from those rights, we are not responsible for loss that we could not reasonably have expected, and our total responsibility to you is limited to the amount you paid us in the 12 months before the problem.

Closing your account

You can close your account at any time in Settings. We then delete your family's information as our privacy policy describes.

We can close an account for serious or repeated breach of these terms. We will tell the billing holder why, and give them the chance to export their family's information first, unless the law stops us.

Changes to these terms

We update these terms when the service changes. The date at the top is the version you are reading.

If a change could leave you worse off, we email the billing holder at least 30 days before it takes effect. If you do not agree to it, you can cancel before then.

The law that applies

These terms are governed by the law of New South Wales, Australia. If you live in New Zealand, you also keep the protections of New Zealand consumer law that cannot be excluded.

How to contact us

Paul Holyoak, trading as TEND & TALLY, ABN 27 104 644 640, Australia.

Questions about your account, billing or these terms: [email protected].