Terms of service

01This agreement

These terms are an agreement between you and Borys Kuśmirek, an independent developer ("we", "us"), covering the Country Days Count mobile app for iOS and Android and this website.

By downloading or using the app you accept these terms. If you do not accept them, do not use the app. Our privacy policy forms part of this agreement.

02Your licence

You get a personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own purposes. The app is licensed, not sold.

You may not:

• copy, sell, rent, sublicense or redistribute the app;
• reverse-engineer, decompile or disassemble it, except where that right cannot lawfully be excluded;
• remove or obscure any notice of ownership;
• use it in a way that breaks the law or the rules of the App Store or Google Play.

03Not legal or tax advice

Immigration and tax rules are set by governments, differ by nationality, visa type and treaty, and change. Whether a particular day counts, whether an exemption applies to you, and what the consequence of exceeding a limit is, are questions for the relevant authority or for a qualified professional — not for this app.

Decisions about travel, residence, visas, permits and tax filings are yours. Before you rely on a number, verify it against your passport stamps, entry and exit records, tickets and the published rule.

04Accuracy and its limits

The app works out your days from your device's position and from entries you make yourself. Both can be incomplete, and the app can miss or mis-assign a day for reasons outside its control, including:

• location permission not granted, set to "while using the app", or later withdrawn;
• the device switched off, in airplane mode, out of battery, or with battery saver restricting background activity;
• the operating system suspending or killing background work, which iOS and Android both do at their own discretion;
• the geocoding service returning nothing or an incorrect country, especially near borders, at sea, or in disputed territory;
• time-zone and date-line effects on which calendar day a position belongs to;
• travelling without the device, or lending it to someone else.

The counts are therefore a best effort, not an official record, and they are provided without any guarantee of accuracy or completeness. Keep your own records and correct the app's where they differ.

05Your responsibilities

• Give the app the permissions it needs if you want automatic tracking, and understand that withdrawing them stops it.
• Check and correct the days it records. You can edit and add them by hand.
• Keep your own backups. Your records live only on your device — if you lose, wipe or replace the device without exporting them first, they are gone, and we cannot recover them.
• Comply with the immigration, tax and other laws that apply to you. That obligation is yours alone.

06Subscriptions and billing

The app is free to download. Some features require a paid subscription. The available plans, their length and their price in your local currency are shown in the app before you confirm a purchase, and those are the terms that apply to your purchase.

• Payment is charged to your Apple ID or Google account when you confirm the purchase.
• Subscriptions renew automatically at the then-current price for the same period unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your account is charged for the renewal within the 24 hours before the current period ends.
• You can manage or cancel a subscription in your Apple ID or Google Play account settings at any time, and it will keep working until the end of the period you have already paid for.
• Where a free trial is offered, any unused part of it is forfeited when you buy a subscription.
• Deleting the app does not cancel a subscription. Cancel it in your store account.
• Prices can change. A price change affecting your subscription takes effect only after the store has notified you and, where required, obtained your agreement.

07Cancellation and refunds

Purchases are made from Apple or Google, not from us, so refunds are theirs to give. Request one through reportaproblem.apple.com for the App Store, or through Google Play's purchase history for Android. We cannot issue, reverse or guarantee a refund on their behalf, although we are happy to be told what went wrong.

Nothing here limits any statutory right of withdrawal or refund you have as a consumer under the law of your country of residence.

08Third-party services

The app relies on services run by others: the App Store and Google Play for distribution and payment, RevenueCat for subscription status, Google Firebase for crash reporting and analytics, and your operating system's geocoder for turning positions into country names. Their own terms and privacy policies govern what they do, and their availability is not something we control.

09Terms that apply on iPhone

Where you obtained the app from the App Store, the following apply and, in case of conflict with the rest of these terms, prevail for that copy of the app.

• This agreement is between you and us alone, not with Apple. Apple is not responsible for the app or its content.
• Your licence is limited to using the app on Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing any claim that the app or your use of it infringes intellectual property rights, and for any product liability claim, any claim that the app fails to meet a legal or regulatory requirement, and any claim under consumer protection or similar law.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

Apple's standard licence terms for apps are published at apple.com/legal/internet-services/itunes/dev/stdeula.

10Intellectual property

The app, its name, its design, its icon and its code are owned by us and protected by copyright and other laws. These terms grant you a licence to use the app and nothing more.

The travel records you create are yours. We claim no ownership of them and, because they never reach us, we hold no copy of them.

Country names, borders and flags are drawn from public data sources. Schengen, Apple, App Store, Google and Google Play are the marks of their respective owners and are used here only to say what the app works with.

11Changes and availability

The app is under active development. Features may be added, changed or removed, and support for older operating system versions may end. We may suspend or discontinue the app, in whole or in part, at any time.

If the app is discontinued altogether, we will give reasonable notice in the app or the store listing so that you can export your records, and any subscription then running will not be renewed.

12Disclaimer of warranties

To the fullest extent permitted by law, the app is provided "as is" and "as available", without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the app will be uninterrupted, error-free, or that its counts will be correct or complete.

If you are a consumer, you have statutory rights that cannot be excluded. Nothing in this section affects them.

13Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or opportunity, arising out of your use of the app.

In particular, and without limiting the above, we are not liable for visa refusals, overstays, fines, deportation, entry bans, tax assessments, penalties or any other consequence arising from a day count that turned out to be wrong or incomplete. Section 3 explains why that risk sits with you.

Where liability cannot be excluded, our total liability to you is limited to the amount you paid for the app in the twelve months before the event giving rise to the claim.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded — including the mandatory rights of consumers in the European Union, the United Kingdom and elsewhere.

14Termination

You may end this agreement at any time by deleting the app; cancel any subscription separately in your store account first. We may end it if you materially breach these terms. On termination your licence ends and you must stop using the app. Sections 3, 10, 12, 13 and 16 survive.

15Changes to these terms

These terms may be updated as the app changes or the law requires. The effective date at the top always reflects the current version. Material changes will be announced in the app or the store listing before they take effect, and continuing to use the app after that means you accept them. If you do not, stop using the app and cancel any subscription.

16Governing law

These terms are governed by the law of Poland, without regard to its conflict-of-law rules.

If you are a consumer, this choice does not deprive you of the protection of the mandatory rules of the law of the country where you habitually reside, and you may bring proceedings in the courts of that country.

17Contact

Borys Kuśmirek — developer of Country Days Count.
favamvv@gmail.com