This document (the "Agreement") sets forth the terms and conditions that govern your use of the app or services offered by or through Daytrip. Your use of any of our services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance.
PLEASE READ CAREFULLY BEFORE USING DAYTRIP. YOUR USE OF THE SERVICE OR ANY SERVICES PROVIDED THROUGH DAYTRIP IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE DAYTRIP IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER. This Terms sets out the legal terms between you (either an individual or legal entity) and Daytrip (“Administration” or “we” or “us” or "Daytrip"). These Terms are accepted by you when you actually use Daytrip. You may print a copy of these Terms for your records and we highly recommend you do so. These Terms remain effective from the date of acceptance until terminated by you or Administration in accordance with this Terms. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Service under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Administration. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws. In some countries there exist legal and/or other restrictions on usage of Daytrip and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Service. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction. You must be at least 13 years old to use Daytrip. Daytrip does not knowingly allow anyone under 13 to create an account, and we'll remove any account we learn belongs to a child under 13.
Right to Refuse Service
Daytrip reserves the right to refuse service to anyone, anywhere, anytime, for any reason. Such as, but not limited to: using the app for unintended purposes, using an unreasonable amount of resources, or abuse of the terms, as defined solely by Daytrip at our discretion.
Payment & Refunds
Daytrip offers two kinds of paid purchase: an auto-renewing Club membership (billed monthly or annually) and one-time, non-renewing token packs. Both are sold through the app store on your device — the Apple App Store on iOS — and processed by our billing partner, RevenueCat. Rates are shown in the app and in your app store's listing before you buy, and may change at any time or as part of a promotion.
Daytrip does not process payments, issue invoices, or hold your card details directly — the app store you purchased through does. Refunds and billing disputes are handled by that app store, not by us: for Club membership, you can cancel future renewals any time in your app store's subscription settings, effective at the end of the current billing period; token packs are one-time purchases and are generally non-refundable once granted, consistent with how consumable in-app purchases work on app stores.
New Features and Modifications to Terms of Service
We may from time to time introduce new features to the service or modify or delete existing features. We will post any new or modified features when they become available, as well as any new or modified terms of this Agreement. Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the date of your next App Store bill payment.
Cancellation
You may discontinue service at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
Limited License
We grant to the end User a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Daytrip, the Mobile applications and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as said in Daytrip. Except as otherwise expressly permitted by these Terms, you may not: collect, use, copy or distribute any portion of Daytrip or the Materials; resell, publicly perform or publicly display any portion of the Materials; modify or otherwise make any derivative uses of any portion of Daytrip, the Mobile applications or the Materials; use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of Daytrip; use Daytrip in a manner which results in the depletion of Web site infrastructural resources; download (other than page caching) any portion of Daytrip, the Materials or any information contained therein or use Daytrip or the Materials other than for their intended purposes.
Your Content License to Us
"Your Content" means any trip, photo, rating, comment, or other material you submit, post, or upload through Daytrip.
You keep ownership of your Content. By submitting it, you grant Daytrip a non-exclusive, royalty-free, worldwide, sublicensable license to use, host, store, reproduce, modify, publish, and display that Content in connection with the Service and Daytrip's future products. You're responsible for making sure you actually have the rights to whatever you submit, and that it doesn't infringe anyone else's rights.
You can delete your Content at any time, and we'll remove it. One exception: if you delete your account, any trips you've published stay live and stay up, but are reattributed to "Deleted User" instead of removed outright — this keeps other people's saved trips and itineraries intact rather than pulling the ground out from under them. If you'd specifically like your published trips taken down entirely when you delete your account, tell us in your deletion request and we'll handle it manually.
Acceptable Use
In addition to anything else in these Terms, you agree not to use Daytrip to:
- post or engage in anything illegal;
- harass, threaten, or engage in hate speech toward anyone;
- post sexual content or anything that endangers or sexualizes minors;
- post violent or graphic content;
- send spam or unsolicited commercial messages;
- impersonate another person or Daytrip itself;
- distribute malware or anything else designed to damage or disrupt a device or system;
- scrape, or access the Service through unauthorized automated means;
- attempt to circumvent any security or access control; or
- infringe anyone else's intellectual property rights.
Violating any of these can result in content removal, account suspension, or termination. Except for serious violations, we'll generally warn you first.
If you see content that violates this policy, you can report it directly in the app. We aim to respond to reports within 24 hours.
Notices and Claims
Administration may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user's email address in our records, or by written communication sent by mail. In accordance with the applicable law, Administration has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Administration, account holders who are deemed to be repeat infringers. Administration may also at its sole discretion limit access to the Services of Daytrip and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may send a notification of such infringement to: hello@getdaytrip.app.
Terminations of Terms
Without limiting other remedies, Daytrip may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Services at any time if: (a) you are in default of these Terms; (b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us; (c) required by applicable laws/regulations and within the time limits as required by such laws/regulations; (d) you are using Daytrip as not originally intended; (e) you are abusing or otherwise causing extreme usage of Daytrip services or resources, determined at our sole discretion; (f) we decide to cease offering the Services generally. Upon termination of this Terms: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services. Any suspension or termination of this Terms will not affect your obligations to Administration under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. We reserve the right to change or modify any provisions of these Terms or guidelines governing your use of the Services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions on Daytrip. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the Terms. Therefore, you should frequently review these Terms or guidelines of Daytrip in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Services.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; ADMINISTRATION DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Administration FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ADMINISTRATION WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT ADMINISTRATION SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO ADMINISTRATION, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH DAYTRIP. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ADMINISTRATION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES shall be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Administration, for (a) any indirect, special, incidental or consequential damages; or (b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or (c) any damage to or corruption of data (whether direct or indirect). If any third party brings a claim against Administration in connection with, or arising out of: breach of these Terms; breach of any applicable law or regulation; your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold Administration harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Resolving disputes. Daytrip is currently operated by one person. If you have a dispute with us, please email hello@getdaytrip.app first and give us a chance to resolve it informally — most things can be. If that doesn't work, the maximum remedy available for any claim against Daytrip is a full refund of the amount you've paid us. We don't require formal arbitration; small-claims court is the appropriate venue if informal resolution fails.
Confidentiality and Security
We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data, and the content of your communication(s) in accordance with our Privacy Policy (https://www.getdaytrip.app/privacy). Please read it carefully before starting using the Services.
Third-Party Services
Daytrip's maps and points of interest are provided in part by OpenStreetMap contributors, OpenFreeMap, and Apple MapKit, each credited within the app. Purchases are processed by RevenueCat together with the Apple App Store, per the Payment & Refunds section above. Your use of Daytrip alongside these services remains subject to this Agreement.
Apple App Store
Daytrip is licensed, not sold, to you for use only under these Terms. The following applies to your use of Daytrip obtained through the Apple App Store on an Apple-branded device:
- This Agreement is between you and Daytrip only, not Apple. Daytrip, not Apple, is solely responsible for the app and its content. Apple has no obligation whatsoever to furnish any maintenance or support services for Daytrip.
- Scope of licence. Your licence to use Daytrip is a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
- Warranty. Daytrip is provided "as is" and "as available" to the maximum extent permitted by law. If Daytrip fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for it; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to Daytrip, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Daytrip's sole responsibility.
- Claims. Daytrip, not Apple, is responsible for addressing any claims by you or a third party relating to Daytrip or your possession or use of it, including: (i) product-liability claims; (ii) any claim that Daytrip fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
- Intellectual property. If a third party claims that Daytrip or your possession and use of it infringes that party's intellectual property rights, Daytrip, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You must comply with any applicable third-party agreement terms when using Daytrip (for example, your wireless data-service agreement).
- Apple as third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- Contact. Address any questions, complaints, or claims regarding Daytrip to hello@getdaytrip.app.
Miscellaneous
These Terms constitute relationship between you and Administration with respect to your use of the Services. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. The failure by Administration to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Administration’s right or remedy. We may make changes to these Terms from time to time and we will publish the changes at this link https://www.getdaytrip.app/terms. The changes will be effective when published. Please review the Terms on a regular basis. You acknowledge and agree that your express acceptance of the Terms or your use of the Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate this Terms in accordance with the set forth below. If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms. These Terms shall be governed by and interpreted in accordance with the laws of Province of British Columbia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Canadian federal courts and provincial courts located in British Columbia, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunction relief in any jurisdiction when we deem it necessary. This Terms were drafted in English (CA). We may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall prevail. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR DAYTRIP. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO ADMINISTRATION THE RIGHTS SET FORTH HEREIN.