Terms of Use

1. About these terms

These terms are an agreement between you and Anthony da Silva, a sole proprietor in Ontario, Canada, who makes and runs KiloNord ("we", "us"). They cover the KiloNord iPhone app, its widgets and other extensions, and the KiloNord server and website (together, "KiloNord").

By creating an account or using KiloNord, you agree to these terms and to Apple's Licensed Application End User License Agreement (the "Standard EULA"). Where these terms deal with something more specifically, such as your account, subscriptions or our server, these terms apply. Our Privacy Policy explains how we handle your information.

2. Your licence to use the app

We give you a personal, non-exclusive, non-transferable licence to use the KiloNord app on Apple-branded devices that you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions, for your own record keeping, including for your work or business. KiloNord is licensed to you, not sold.

We, or our licensors, keep all rights in KiloNord, including its software, design and name. You may not copy, modify, resell or redistribute the app, or reverse-engineer it except where the law allows you to.

3. Your account

• You need a KiloNord account to use the app, and you create it with Sign in with Apple.
• Your account is for one person. Keep your Apple ID and your phone secure, because anyone who can unlock them can see your records.
• You must be old enough to agree to these terms where you live, or have a parent's or guardian's permission. KiloNord isn't meant for children.
• The information you enter should be accurate, and you're responsible for what you record in your account.

4. Not tax advice

KiloNord gives you tools to record trips and keep a logbook, and it shows estimates based on what you record. It doesn't give tax, legal or accounting advice, and it doesn't file anything for you.

• You're responsible for your tax filings and for any claim you make to the Canada Revenue Agency (CRA), Revenu Québec or your employer. Ask a tax professional if you're unsure what you can claim.
• Check your records. Automatic trip detection, GPS distances, addresses and classifications can be wrong or incomplete, for example when iOS limits background activity, a permission is turned off, or GPS signal is poor. Review your trips and correct them before you rely on them.
• CRA rates come from the CRA. The per-kilometre rates in the app are the CRA's published reasonable allowance rates. The CRA sets them and may change them, and we update the app's rates after it publishes new ones. Check the rate that applies to you, especially near the start of a year.
• Dollar figures in the app are estimates. Whether a per-km allowance is taxable, or how much of your vehicle costs you can deduct, depends on your situation and on tax law, not on the app.
• Keep your own copies of your records. The CRA generally expects you to keep tax records for six years.

5. Drive safely

KiloNord works in the background so you don't need to touch your phone while driving. Don't use the app, or classify trips, while you're driving. Obey traffic laws, including Ontario's and your province's distracted driving laws.

6. Free and Pro

Free

The free version includes unlimited automatic tracking, trip classification, named places, one vehicle, cloud sync and backup, and CSV export of the current month. There is no limit on the number of drives.

KiloNord Pro

Pro adds features such as full-history reports, PDF, Excel and QuickBooks exports, unlimited vehicles and rules, expenses with receipt photos, and the simplified logbook. The app shows the current list of Pro features before you subscribe. We may improve or change the features of the free version and of Pro over time; if we remove a major Pro feature you're paying for, you can cancel, and Apple's refund process applies.

Apple shows the final price, including any applicable taxes, before you confirm a purchase.

Billing, renewal and cancelling

• Pro is sold through the App Store. Apple charges your Apple ID account, and Apple's payment terms apply. We never see your payment details.
• Your subscription renews automatically at the end of each month or year, at the then-current price, unless you cancel at least 24 hours before the renewal date.
• The free trial on the yearly plan becomes a paid yearly subscription when it ends, unless you cancel at least 24 hours before the trial ends. You won't be charged if you cancel in time.
• To cancel, open your iPhone's Settings, tap your name, then Subscriptions, then KiloNord. You can also tap Manage subscription in the app. Cancelling stops the next renewal; you keep Pro until the end of the period you've paid for.
• Deleting the app or your KiloNord account does not cancel your subscription. Cancel it with Apple as well.
• If the price of Pro changes, Apple tells you before it applies to you, and asks for your agreement where Apple's rules or the law require it.

Refunds

Apple handles all payments, so Apple handles refunds under its own policies. You can ask Apple for a refund at reportaproblem.apple.com. We can't issue refunds ourselves.

When Pro ends

If your subscription ends, your trips and other records stay in your account and keep backing up, and you can still see them and export the current month. Pro-only features stop until you subscribe again.

7. Acceptable use

Please don't:

• use KiloNord to break the law, including to create false or misleading records for a tax authority or an employer;
• track another person without their knowledge or consent;
• try to get into another person's account or data, or into parts of our server you're not meant to reach;
• interfere with KiloNord, overload it, or test its security without our written permission (if you find a security problem, please tell us at support@kilonord.ca);
• copy, scrape or resell KiloNord or its data, or use it to build a competing service.

8. Your data, backups and export

• Your trips, records and receipt photos belong to you. You let us store, copy and process them only to run KiloNord for you, as our Privacy Policy describes.
• The app records drives on your phone, even with no signal, and backs them up to your account when it can. We back up our server every night and work to keep KiloNord available, but we can't promise it will always be available or that no data will ever be lost.
• You can export your data at any time in the app (Settings, then Data export). Export your records regularly, and keep your own copies of anything you need for taxes.

9. Changes to KiloNord

We update KiloNord to fix problems, keep up with iOS and CRA changes, and add features. Some updates may be needed to keep using the app or syncing. We may change or stop features. If we ever shut KiloNord down, we'll give you at least 30 days' notice so you can export your data, and paid subscriptions will stop renewing.

10. Ending your use

You can stop using KiloNord at any time. To remove your data from our server, delete your account in the app (Settings, then Account & sync, then Delete account). This is permanent, so export what you need first, and remember to cancel any subscription with Apple.

We may suspend or close an account that seriously or repeatedly breaks these terms, or where the law requires us to. Unless the situation is urgent or the law prevents it, we'll tell you first, explain why, and give you a chance to fix the problem and to export your data.

11. Warranties

We build KiloNord with care, and you have the warranties and guarantees that consumer protection law gives you and that can't be excluded. Beyond those, KiloNord is provided "as is" and "as available". To the extent the law allows, we don't promise that KiloNord will be uninterrupted or error-free, that it will detect every drive, or that its distances, addresses, rates or estimates will be exact or right for your tax situation.

12. Limitation of liability

To the extent the law allows:

• we're not responsible for indirect or consequential losses, such as lost profits, or taxes, interest or penalties assessed against you, that come from your use of KiloNord or from relying on its records or estimates without checking them; and
• our total responsibility for any claim related to KiloNord is limited to the greater of what you paid for KiloNord Pro in the 12 months before the claim, and $50 CAD.

Nothing in these terms limits or excludes liability that can't be limited by law, such as for fraud, gross negligence or wilful misconduct, or takes away rights you have under the consumer protection laws of Ontario or of the province or territory where you live.

13. Apple

These points apply because you got KiloNord from Apple's App Store:

1. Who the agreement is with. These terms are between you and us, not Apple. We, not Apple, are solely responsible for KiloNord and its content.
2. Scope of the licence. Your licence is limited to using KiloNord on Apple-branded products that you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions, except that it may also be used by other accounts linked to you through Family Sharing or volume purchasing, where available.
3. Support. We, not Apple, are solely responsible for maintenance and support. Apple has no obligation to provide any maintenance or support for KiloNord.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. If KiloNord fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app. To the maximum extent the law allows, Apple has no other warranty obligation for KiloNord, and any other claims, losses, liabilities, damages, costs or expenses from a failure to meet a warranty are our responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party about KiloNord or your possession and use of it, including product liability claims, claims that KiloNord fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
6. Intellectual property. If a third party claims that KiloNord or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You confirm that you're not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country, and that you're not on any U.S. Government list of prohibited or restricted parties.
8. Contact. Questions, complaints or claims about KiloNord go to us: Anthony da Silva, Ontario, Canada, support@kilonord.ca.
9. Third-party terms. You must follow any third-party terms that apply when you use KiloNord, such as your mobile data plan.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

14. Governing law

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. If there's a dispute, please contact us first, since most problems can be solved by email. If we can't solve it, the courts of Ontario will hear it, unless the consumer protection law of the province or territory where you live gives you the right to bring it there instead.

If part of these terms can't be enforced, the rest still applies.

15. Changes to these terms

We may update these terms, for example when KiloNord or the law changes. We'll post the new version here with a new date. If a change is significant, we'll tell you in the app or by email at least 30 days before it takes effect. If you don't agree with a change, you can stop using KiloNord, cancel your subscription and delete your account before it takes effect. Continuing to use KiloNord after that means you accept the new terms.

16. Contact

Anthony da Silva (KiloNord), Ontario, Canada
support@kilonord.ca