1. Agreement to these terms
By downloading, installing, or using Fairsum ("the App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms are between you and Dennis Mercado ("we", "us").
2. Licence
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for your own personal, non-commercial use, subject to these Terms and the app store's terms.
3. What the App is — and what it is not
Fairsum is a personal money-tracking tool that helps you record bills, subscriptions, income, and reminders on your device.
- The App does not provide financial, tax, accounting, or investment advice. Any totals, projections (e.g. "at this rate, about $X over a year"), or insights are simple calculations from the data you enter, for your general information only. Do not rely on them as professional advice; consult a qualified professional for financial decisions.
- Reminders are best-effort and are not guaranteed. They are local notifications scheduled on your device and depend on your device's operating system, settings, battery optimisation, and notification permissions. Notifications can be delayed, suppressed, or missed. Do not rely on the App as your only means of remembering to pay a bill. You remain solely responsible for paying your bills and managing your finances.
4. Your responsibilities
- You are responsible for the accuracy of the data you enter.
- You are responsible for paying your own bills and financial obligations on time, regardless of any reminder the App does or does not show.
- You are responsible for backing up your data. Your data is stored on your device; uninstalling the App, device loss, or device failure can result in permanent data loss.
- You agree not to misuse the App, reverse engineer it except as permitted by law, or use it for any unlawful purpose.
5. Advertising
The App is supported by advertising (Google AdMob). By using the App you agree it may display ads. Ad content is provided by third parties; we are not responsible for it. See our Privacy Policy for how ad data is handled.
6. Data and backups
Your data is stored locally on your device. Export and backup features are provided for your convenience; you are responsible for where you store exported files and who can access them. See the Privacy Policy for detail.
7. Intellectual property
The App, its name, design, and content (excluding your data and third-party ad content) are owned by Dennis Mercado and protected by law. These Terms do not transfer any ownership to you.
8. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the ACL or any other law that cannot lawfully be excluded, restricted, or modified. If there is any inconsistency between these Terms and those non-excludable rights, those rights prevail.
Where the ACL or other law allows us to limit our liability for failing to comply with a consumer guarantee (other than a guarantee that by law cannot be limited), our liability is limited, at our option, to:
- for services — supplying the services again, or paying the reasonable cost of having them supplied again; and
- for goods — replacing the goods or supplying equivalent goods, repairing the goods, or paying the reasonable cost of doing so.
Because Fairsum is provided free of charge, no fee is payable for the App itself.
9. "As is" — no warranty
To the maximum extent permitted by law (and subject to section 8), the App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that reminders will always fire.
10. Limitation of liability
Section 8 prevails over this section to the extent of any inconsistency. Subject to section 8, and to the maximum extent permitted by law:
- we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, loss of profits, missed payments, late fees, or financial loss, arising out of or related to your use of (or inability to use) the App — including any reliance on a reminder, calculation, or projection; and
- our total aggregate liability to you for all claims arising out of or related to the App is limited to the greater of (a) the total amount (if any) you paid us to use the App in the 12 months before the claim — which, because the App is free, is AUD $0 — and (b) AUD $100.
11. Termination
You may stop using the App at any time by uninstalling it. We may suspend or discontinue the App (or any feature) at any time. Sections that by their nature should survive (e.g. 3, 8–10, 12) survive termination.
12. Governing law
These Terms are governed by the laws of the State of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place. This does not limit any non-excludable rights or remedies you have under the Australian Consumer Law, which you may enforce regardless of this clause.
13. Changes to these terms
We may update these Terms. The "Effective date" will change and, for material changes, we will make reasonable efforts to notify users. Continued use after changes means you accept them.
14. Contact
contact [at] fairsum.au