Terms of Service - Notify me Here

1. Acceptance of Terms

Notify me Here is operated by Paul-Louis Renard, carrying on business as Wonderful App Studio (Ontario, Canada). Google Play publisher name: Wonderful App Studio FR.

By downloading, installing, or using Notify me Here ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

These Terms apply to all users of the App, including users of the mobile application and Wear OS companion app.

2. Description of Service

Notify me Here is a location-based notification application that allows users to:

Create interest points at specific geographic locations
Receive notifications when entering the vicinity of these locations
Set custom notification radius and time windows
Sync data across devices (premium feature)
Access interest points on Wear OS devices

3. User Accounts

3.1 Account Creation

You may create an account using your email address or Google account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Requirements

You must be at least 18 years of age to create an account or use the App. By creating an account or using the App, you represent that you meet this age requirement.

3.3 Account Termination

You can delete your account directly from the App (Profile → Delete Account). Deletion removes your personal data from our active production systems immediately. Residual copies may persist in our encrypted backups and security logs for a limited retention period (typically up to 30 days) before being overwritten. Your local data (interest points and preferences) is preserved on your device. If you have already uninstalled the App, you can request deletion by email at support@notifymehere.com. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans

4.1 Free Tier

The free tier provides access to core features including unlimited interest points, notifications, and local storage. Interest points and settings are stored locally on your device by default. If you create an account, account identifiers (email, display name, profile photo) are stored on our servers for authentication. Cloud sync of interest points is available only with a Premium subscription.

4.2 Premium Subscriptions

Premium subscriptions provide additional features including cloud sync, multi-device access, and automatic backup. Available subscription plans include:

Monthly: $4.99 per month
Annual: $39.99 per year

4.3 Free Trial

Premium subscriptions include a 7-day free trial. You will not be charged until the trial period ends. You may cancel at any time during the trial. If you are a consumer in the European Union or United Kingdom, you have a 14-day statutory right of withdrawal from the date of purchase. By starting your free trial or subscribing, you expressly consent to the immediate provision of the digital service and acknowledge that you lose your right of withdrawal once the service has been fully performed during the withdrawal period.

4.4 Billing

Subscriptions are billed through Google Play. Payment will be charged to your Google Play account upon confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. If subscription pricing changes, we will provide reasonable advance notice. Any price change will apply only at the start of your next billing period after notice has been given.

4.5 Cancellation

You may cancel your subscription at any time through Google Play Store settings. Upon cancellation, you will retain access to premium features until the end of your current billing period.

4.6 Refunds

Refund requests are handled by Google Play in accordance with their refund policies. Nothing in this section limits any statutory refund rights you may have under applicable consumer protection law.

5. Acceptable Use

You agree not to use the App to:

Violate any applicable laws or regulations
Infringe upon the rights of others
Attempt to gain unauthorized access to our systems
Interfere with the proper functioning of the App
Create interest points for illegal or harmful purposes
Share your account credentials with others

6. Location Services

The App requires access to your device's location services to function properly. The App will:

Display an explanation screen describing why location access is needed before requesting permission
Request background location access through the Android permission dialog for geofencing functionality
Request foreground location access for map display and interest point creation

Location data is processed as described in our Privacy Policy. You may revoke location permissions at any time through your device settings, but this will prevent the App's core geofencing and notification features from functioning.

By granting location permission through your device's operating system, you provide your express consent for us to collect and use your location data as strictly necessary to provide the App's core features. You may withdraw this consent at any time by revoking the permission in your device settings; however, doing so will prevent the App from detecting when you reach your interest points.

7. Safety and Distracted Driving

You acknowledge that the App is designed to send notifications based on geographic location. You agree not to interact with the App, view notifications, or input data while driving, operating heavy machinery, or engaging in any activity where distraction could result in injury or damage. You are solely responsible for complying with all traffic laws in your jurisdiction.

8. User Content License

You retain ownership of the content (reminders, interest point names) you create in the App. However, by entering this content, you grant us a limited, non-exclusive, royalty-free license to store, process, and display this content solely as necessary to provide the Service to you (including syncing data between your devices).

9. Intellectual Property

The App, including its design, features, and content, is owned by Wonderful App Studio and is protected by intellectual property laws. Third-party components and libraries (such as map data) are used under license and remain the property of their respective owners. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LEGISLATION IN YOUR JURISDICTION), THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that:

The App will be uninterrupted or error-free
Location detection will be accurate in all circumstances
Notifications will always be delivered on time
The App will be compatible with all devices or operating system versions

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WONDERFUL APP STUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES ARISING FROM MISSED NOTIFICATIONS. Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or personal injury caused by negligence.

For greater certainty, nothing in these Terms limits our liability for privacy breaches or data security incidents to the extent such liability cannot be excluded under applicable data protection laws.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms in the App or sending you an email, with at least 30 days' advance notice for material changes. If you do not agree with the revised Terms, you must stop using the App before they take effect. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the new Terms.

Notwithstanding the foregoing, any material changes to how we collect, use, or disclose personal information will be subject to your consent where required by applicable privacy laws. Continued use of the App will not, by itself, constitute consent to new processing of personal information where express consent is legally required.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to the United States Arbitration Agreement below and any applicable mandatory consumer protection laws, any dispute arising out of or relating to these Terms or the App shall first be addressed through good-faith negotiation. If we cannot resolve the dispute informally within 30 days, either party may submit the dispute to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.

If you are a consumer in the European Union, United Kingdom, or another jurisdiction whose mandatory consumer protection laws grant you the right to bring proceedings in your local courts, nothing in this section affects that right.

Nothing in this section prevents either party from seeking injunctive or other equitable relief for matters related to intellectual property or unauthorized access to our systems.

Nothing in these Terms limits your right to file a complaint with the Office of the Privacy Commissioner of Canada or your local data protection authority regarding our handling of your personal information.

14. United States Arbitration Agreement

If you are a resident of the United States, you and Wonderful App Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

CLASS ACTION WAIVER: YOU AND WONDERFUL APP STUDIO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision shall be final and binding.

30-Day Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@notifymehere.com within 30 days of first using the App. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the Governing Law and Jurisdiction section above will apply to you.

If any portion of this arbitration agreement is found unenforceable, the remainder shall continue in full force. If the class action waiver is found unenforceable, the entire arbitration agreement shall be void.

15. Consumer Protection

Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded, restricted, or modified under applicable law, including but not limited to:

European Union / United Kingdom: Your statutory consumer rights under the Consumer Rights Directive and national implementing legislation, including the right to bring proceedings in your home jurisdiction and the 14-day right of withdrawal for digital services, except where you have expressly consented to performance beginning during the withdrawal period and acknowledged the loss of that right
Australia: Consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010)
Brazil: Consumer rights under the Código de Defesa do Consumidor (CDC)
Canada: Your rights under applicable federal and provincial consumer protection legislation, including Ontario's Consumer Protection Act, 2002, Quebec's Consumer Protection Act, and equivalent legislation in other provinces
Other jurisdictions: Any mandatory consumer protection rights under your local laws

To the extent there is any conflict between these Terms and your mandatory local consumer protection rights, your local rights shall prevail.

16. Third-Party Services

The App integrates with third-party services including Google Maps, Google Play Services, Google Play Billing, and Supabase. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of these third-party services.

17. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Wonderful App Studio, its owner, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party. This section does not apply to the extent prohibited by consumer protection laws in your jurisdiction.

This section does not apply to your exercise of rights under applicable privacy or data protection legislation.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, or third-party service disruptions.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wonderful App Studio regarding your use of the App and supersede all prior agreements, representations, and understandings, subject to any mandatory consumer rights that cannot be excluded under applicable law.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.

22. Waiver

Our failure to enforce any right or provision of these Terms at any time shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by us.

23. Accessibility

We are committed to making Notify me Here accessible to all users. We strive to follow the Web Content Accessibility Guidelines (WCAG) and Android accessibility best practices. If you encounter any accessibility barriers while using the App or this website, please contact us at support@notifymehere.com so we can work to address them.

24. Notices

Any notice or communication under these Terms will be delivered by one or more of the following methods: (a) in-app notification or banner; (b) email to the address associated with your account; or (c) a prominent posting on our website. Notices are deemed received when displayed in the App, when the email is sent (for email notices), or when posted on our website. If you need to send us a notice, please email support@notifymehere.com or write to us at the address in the Contact Us section.

25. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@notifymehere.com