Terms of Service

1. Agreement

These Terms of Service ("Terms") are a legal agreement between you and Plan by Price ("Plan by Price", "we", "us", "our") and govern your use of the Plan by Price iPhone app (the "App"), the website at planbyprice.com (the "Website") and related services (together, the "Service"). By downloading, accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

2. Eligibility

You must be at least 13 years old (or the minimum age in your country) to use the Service. If you are under the age of majority where you live, you may only use the Service with the involvement and consent of a parent or guardian, who agrees to these Terms on your behalf. You must have legal capacity to make purchases, or your parent or guardian must make them for you.

3. What Plan by Price does, and doesn't do

Plan by Price builds suggested travel itineraries from a budget you set, using automated sorting and information supplied by third parties. Itineraries are suggestions for planning purposes only.

• We are not a travel agency, tour operator, booking platform or seller of travel. We don't sell, provide, operate or control any activity, attraction, restaurant or venue listed in the Service, and we are not a party to any booking you make.
• Third-party information can be wrong. Prices, availability, opening hours, durations, descriptions, ratings, locations and images come from partners and public data sources. They can be incomplete, out of date or inaccurate and can change at any time, including between when an itinerary is built and when you book. The price shown at booking on the partner's site is the one that applies.
• Budgets are estimates. Itinerary totals cover the listed activities only. They don't include flights, accommodation, transport, meals (shown as "pay there"), taxes, fees, tips, currency conversion or card charges, or any other cost of travel. Amounts shown in a currency other than the one an activity is priced in are approximate.
• Free activities are places we believe are generally free to visit. Some may charge entry on certain days, require reservations, or be closed.
• You are responsible for your trip: checking all details before you book or travel; your own safety and conduct; travel documents, visas, insurance and health requirements; and following local laws and the partner's and venue's rules. Use your own judgement about whether any activity, place or route is suitable and safe for you.

4. Bookings and third-party services

When you tap a booking link you leave the Service and deal directly with that partner. Your booking, payment, cancellation, refund and any dispute are between you and that partner, under its terms and privacy policy. We are not responsible for third-party websites, apps, content, products or services, or for anything that happens during an activity, including cancellations, changes, injury, loss, damage or delay.

Affiliate disclosure: some booking links contain our affiliate ID, and we may earn a commission when you book through them. This doesn't change the price you pay. Commissions don't affect how itineraries are built: activities are chosen by price to fit your budget.

Map, sign-in and payment features are provided by Apple and Google under their own terms.

5. Your account

• Some features, such as saving trips and Explore, require an account. You agree to give accurate information and to keep access to your email, Apple ID or Google account secure.
• You are responsible for all activity under your account. Tell us promptly at hello@planbyprice.com if you think it has been accessed without permission.
• Accounts are personal. Don't share, sell or transfer your account or create accounts to get around limits or a suspension.
• You can delete your account at any time in the App under Settings › Delete account. Deleting your account doesn't cancel an App Store subscription.

6. Plans, purchases and subscriptions

• Free: you can build up to 3 itineraries free of charge.
• Trip Pack ($4.99): a one-time purchase that adds 5 itinerary credits. Credits don't expire while the Service is offered, have no cash value, can't be transferred or exchanged, and are used up whether or not you save or book the itinerary.
• Annual Pro ($22.99 per year): an auto-renewing subscription that gives unlimited itineraries for as long as it is active, subject to fair use (section 8).
• Each time you build a new itinerary it counts as one itinerary. Editing, swapping, shuffling, saving and sharing an itinerary don't count as new itineraries.
• Prices are shown in the App in your local currency, may vary by country and may include tax. Your App Store price on the confirmation screen is the one that applies.

Payment and auto-renewal

• All purchases are made through your Apple ID and are subject to Apple's Media Services Terms and Conditions. Payment is charged to your Apple ID at confirmation of purchase.
• Annual Pro renews automatically for another year at the then-current price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the period ends.
• You can manage or cancel your subscription at any time in your App Store account settings (Settings › your name › Subscriptions). Cancelling stops the next renewal; you keep Pro until the end of the period you've paid for.
• If we change the price of Annual Pro, Apple will tell you in advance and, where required, ask for your consent before the new price applies.

Refunds

Because all payments are processed by Apple, we can't issue refunds directly. You can request one from Apple at reportaproblem.apple.com. Apple decides refund requests under its policies. Except where required by law, purchases are non-refundable, and we don't give refunds or credits for partial subscription periods or unused credits.

Changes to plans

We may add, change or remove features and plans over time. If we materially reduce what an active paid plan includes, we will give you notice and you can cancel. Promotional, complimentary or lifetime access we grant is at our discretion and may be withdrawn if it was granted in error or is abused.

7. Community content

"Your content" means itineraries and other material you publish to Explore or share by link. You keep ownership of your content. By publishing it, you give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, adapt (for example to fit the layout) and distribute it in order to operate, improve and promote the Service, and you let other users view it and copy it into their own trips. The licence ends when you delete the content or your account, except for copies other users have already made and copies we must keep by law.

You confirm you have the rights to your content and that it doesn't break these Terms or the law. You must not post content that:

• is unlawful, defamatory, hateful, harassing, threatening, violent, sexually explicit or discriminatory;
• shares someone else's personal information without permission, or impersonates anyone;
• is spam, advertising, misleading, or infringes anyone's intellectual property or privacy rights.

We have zero tolerance for objectionable content and abusive users. You can report any post and block any user in the App. We review reported content and remove content that breaks these Terms, and may suspend or permanently ban the accounts responsible. We are not obliged to monitor content and aren't responsible for content posted by users, but we may remove or refuse any content at our discretion.

8. Acceptable use

You agree not to:

• use bots, scripts, scrapers or other automated means to access the Service or copy its data, prices or itineraries;
• overload, attack, probe or disrupt the Service, its API or our partners' services, or bypass rate limits, paywalls, credit limits or security;
• copy, modify, decompile, reverse-engineer or create derivative works of the App, except where the law expressly allows it;
• resell, sublicense or commercially exploit the Service or its output without our written permission;
• use the Service for any unlawful, fraudulent or harmful purpose, or to infringe anyone's rights.

"Unlimited" plans are for normal personal use. We may limit, suspend or terminate access, or block IP addresses, if use is automated, abusive or excessive.

9. Intellectual property

The Service, including its software, design, text, graphics, logos, the Plan by Price name and the way it builds itineraries, belongs to us or our licensors and is protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable licence to use the App on Apple devices you own or control, as permitted by Apple's Usage Rules, and the Website, for your own non-commercial use. Third-party content (such as activity descriptions and images) belongs to its owners. If you send us feedback or ideas, we may use them freely without paying or crediting you.

If you believe content in the Service infringes your copyright, email hello@planbyprice.com with the details and we will respond promptly.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY AND NON-INFRINGEMENT. We don't warrant that the Service will be uninterrupted, error-free or secure, that itineraries will fit your budget once booked, or that any activity will be available, safe, suitable or as described.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAN BY PRICE AND ITS OWNERS, OPERATORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, TRAVEL COSTS, BOOKINGS OR ENJOYMENT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY ACTIVITY, VENUE OR THIRD-PARTY SERVICE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) CAD $50.

Some jurisdictions don't allow certain warranties or liabilities to be excluded or limited, so some of the above may not apply to you. Nothing in these Terms limits liability that can't be limited by law, such as for fraud, gross negligence or death or personal injury caused by our negligence, or removes rights you have as a consumer under laws that can't be waived.

12. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless Plan by Price and its owners and operators from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your content, your misuse of the Service, your breach of these Terms or the law, or your bookings and travel.

13. Suspension and termination

You can stop using the Service at any time. We may suspend or end your access, remove content or delete accounts if you break these Terms, if required by law, or to protect users, partners or the Service. We may also change, suspend or discontinue all or part of the Service at any time; where practical we'll give you notice. Sections that by their nature should survive (including 4, 7, 9 to 12, 15 and 16) survive termination.

14. Apple App Store terms

If you downloaded the App from the Apple App Store, you and we also agree that:

• these Terms are between you and Plan by Price only, not Apple, and Plan by Price, not Apple, is solely responsible for the App and its content;
• 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 (if any) of the App; to the maximum extent permitted by law, Apple has no other warranty obligation for the App;
• Plan by Price, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws;
• Plan by Price, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the App or your use of it infringes that third party's intellectual property rights;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties;
• you must comply with any applicable third-party terms (such as your mobile carrier's) when using the App;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you.

If these Terms conflict with Apple's Licensed Application End User License Agreement, these Terms apply to the extent Apple permits.

15. Governing law and disputes

These Terms are governed by the laws of the Province of Newfoundland and Labrador and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Before starting any formal proceeding, please email us so we can try to resolve the issue informally within 30 days. Subject to the next sentence, the courts located in St. John's, Newfoundland and Labrador have exclusive jurisdiction. If you are a consumer, you keep any right under the mandatory laws of the place where you live to bring proceedings in your local courts and to benefit from its consumer protection rules.

16. General

• Changes: we may update these Terms. We'll change the effective date above and, for significant changes, tell you in the App or by email before they take effect. Continuing to use the Service after that means you accept the updated Terms.
• Entire agreement: these Terms and the Privacy Policy are the whole agreement between you and us about the Service.
• Severability: if any part of these Terms is found unenforceable, the rest stays in effect and the unenforceable part is applied as far as the law allows.
• No waiver: not enforcing a right immediately doesn't mean we give it up.
• Assignment: you may not transfer these Terms. We may transfer them as part of a merger, acquisition or sale of the Service.
• Events beyond our control: we aren't liable for delays or failures caused by events outside our reasonable control, including outages of partners or hosting providers.
• Language: these Terms are written in English. Any translation is for convenience only.

17. Contact

Questions about these Terms: hello@planbyprice.com.