Terms and conditions

1.Who we are

My Summer Days is a trading name of Webnify Limited, a company registered in New Zealand (company number 8181724, NZBN 9429049266665). You can reach us at support@mysummerdays.app.

In these terms, “we”, “us” and “our” mean Webnify Limited. “The service” means the My Summer Days website, the iPhone and Android apps and everything in them, including Daydream, our AI trip planner.

2.These terms

These terms are an agreement between you and us. You accept them when you create an account, or when you accept them after signing in.

The Terms of sale cover buying the full version and credits, and they form part of these terms. The Privacy policy explains what we do with your information.

3.Your account

• You must be 18 or older to have an account.
• Each account is for one person. Use your real name and an email address you control.
• Keep your password private. You’re responsible for what happens in your account, so tell us straight away if you think someone else has used it.
• You can also sign in with Apple, Google, Microsoft or Facebook. That company’s terms apply to signing in with it, and keeping that account secure keeps yours secure too. If it shares an email address with us that’s already on an account here, you sign in to that account.
• If you use the service for a business, you confirm you’re allowed to accept these terms for it.

4.What My Summer Days is, and isn’t

My Summer Days is a tool for planning trips. It isn’t a travel agent or a booking service. We don’t sell travel, make bookings or act for you with anyone.

Times, addresses, opening hours, routes, travel times, prices and entry rules in the service can be wrong, out of date or incomplete. That includes what you and the people you plan with enter, what comes from other services, and what Daydream suggests. The checks and warnings help, but they don’t catch everything.

Before you travel, check every booking, time and requirement with the airline, hotel, venue or authority concerned. Your booking confirmations and tickets are the record that counts, not your plan.

5.The free version and the full version

My Summer Days has a free version, which you can use for as long as you like, and a full version, which adds more, such as Daydream, planning with other people, budgets, lists and keeping trips on your phone. The Terms of sale set out what the full version includes, its price, and refunds.

• The trial. A new account gets the full version free for 14 days. You don’t give payment details, and nothing is charged when the trial ends. The account then carries on with the free version unless you buy the full version.
• One payment. The full version is a single purchase, not a subscription. It belongs to the account that bought it, on the website and in the apps.
• Shared trips. On a trip whose owner has the full version, everyone on the trip can use that trip’s full version features, such as its budget and lists. Daydream, buying credits, the trip guide and keeping trips on your phone depend on your own version.
• Without it. Nothing you’ve added is deleted. The full version’s features lock until you unlock them, and a trip keeps the files it already has but can’t take more once it has 5.
• Given free. We may give the full version free to some accounts, such as accounts made before it was introduced, either for good or until a date we tell you.
• What each version includes. We may add features to either version, decide which version a new feature belongs to, and change what the free version includes. We won’t take a feature out of a full version you’ve bought, unless we stop offering that feature to everyone.

6.Personal use, and commercial licences

The service is for planning your own trips, and trips with or for your family and friends when nobody is paying you for it.

To use it to plan trips for other people as a service, or for any other commercial gain, you need a separate commercial licence from us first. That includes working as a travel agent, tour operator, travel planner or concierge, and selling, packaging or charging for itineraries made with the service, including with Daydream.

To ask for a licence, email support@mysummerdays.app with what your business does and how it would use the service. We assess each request on its merits, including the business itself, and decide whether to grant a licence and on what terms and fees. We may decline. A licence is a separate written agreement, and where it differs from these terms, the licence applies.

If we reasonably believe an account is being used commercially without a licence, we may ask you to stop or to apply for one, and we may suspend the account as set out in Suspending or closing accounts.

7.Your trips and what you add

What you add is yours: trips, notes, files, lists and everything else. We don’t claim ownership of it.

You give us permission to store, copy, process and show it, anywhere in the world and without charge, so we can run the service for you and for the people you share it with. That permission lasts while the content is in the service, and for the short time copies stay in our backups after it’s deleted.

You confirm you have the right to add what you add. If you upload someone else’s documents or add details about other people, make sure they’re happy for you to. We may remove anything that breaks these terms.

The service isn’t a backup. Keep your own copies of anything important, such as tickets and booking confirmations.

8.Sharing trips

• You can invite people to a trip as editors or viewers. Everyone on a trip can see its plan and files, and the names and email addresses of the others on it. Editors can change and delete things.
• If you delete your account, each trip you own that others are on passes to the person who has been on it longest, an editor before a viewer. Trips only you are on are deleted.
• Anyone with a trip’s public link can see its titles, dates, times and places, but not its addresses, notes, files, costs or who’s on it. You can turn a link off at any time, but you can’t take back what people have already seen or copied.
• Packing lists can only be seen by the people you choose.

9.Protected trips and your recovery key

When a trip is protected, the addresses, booking references and notes on it, and the files you add, are encrypted on your devices before they’re stored. Only the people on the trip can open them. We can’t read them, so we can’t recover them either.

If you lose every device that holds your keys and also lose your recovery key, nobody can open those details or files again, including us. Keep your recovery key somewhere safe. Trip names, titles, dates, times and places aren’t encrypted, so the planner can work with them.

10.Daydream

Daydream comes with the full version. It uses AI from OpenAI to suggest trips and changes. Its suggestions can be wrong, unsuitable or out of date, and it can describe places, times or details that don’t exist. You see each plan and each change before it’s added to your trips, and it’s your decision whether to use it.

Daydream may be paused at times, for example when demand is high or our AI costs reach their limit, and how it works may change. Requests are checked automatically, and some are refused.

Using Daydream sends information to OpenAI, as the Privacy policy explains. We ask for your agreement before the first time, and you can withdraw it in Settings.

11.Credits

Daydream uses credits. The full version includes free credits each month, and once you’ve bought the full version you can buy more. Credits aren’t money. They have no cash value and can’t be transferred to anyone else. The Terms of sale explain prices, how credits are used, and refunds.

12.Places, tours and other services

The service shows information from other companies: Apple Maps for maps and address search, OpenStreetMap data through Geoapify for place details, Viator for tours and activities, exchange rates from Exchange Rate API, and links to what travellers have posted. Their own terms and privacy policies apply when you use them. We don’t control them and aren’t responsible for what they show or do.

If you book through Viator, your booking is with Viator and its suppliers, not with us. We earn a commission on Viator bookings made through our links. Your price is the same.

13.Using the service fairly

You must not:

• break the law, or help anyone else to;
• add anything you don’t have the right to, or that’s abusive, hateful, sexually explicit or defamatory, or that infringes anyone’s rights;
• use the service, including public links, to harass anyone or to share other people’s personal information without their permission;
• upload malware, or try to get into accounts, trips or systems you aren’t allowed into;
• copy, scrape or resell the service or its data, or reach it by automated means other than the features we provide;
• use the service commercially without a commercial licence from us (see Personal use, and commercial licences);
• reverse engineer the app, except where the law allows it;
• open more than one account, or make new ones, to get more free credits or another trial of the full version;
• overload or interfere with the service, or get around the limits we set.

14.Suspending or closing accounts

You can delete your account at any time in Settings.

We may suspend or close your account, remove content or turn off a public link if you break these terms, if we reasonably suspect fraud or abuse (including abuse of refunds or chargebacks), or if the law requires it. Where it’s reasonable, we’ll tell you why first and give you a chance to put things right.

If we close your account because you broke these terms, its bought credits and its full version are lost, except where the law says otherwise.

15.Changes to the service

We keep improving the service, so features may change or be removed. We aim to keep it running, but we can’t promise it will always be available or free of errors.

If we decide to close the service or Daydream, we’ll email you at least 30 days before, and refund the bought credits you haven’t used. A full version you’ve bought lasts for as long as we run the service.

16.What we promise, and what we don’t

We provide the service with reasonable care and skill. Beyond that, and as far as the law allows, we provide it “as is”, and we don’t promise it will be uninterrupted, free of errors or suitable for any particular purpose.

Nothing in these terms limits rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that can’t be excluded. If you live in the European Union, the United Kingdom or Australia, you keep the rights your local consumer law gives you.

17.Limits on our liability

As far as the law allows:

• we aren’t liable for indirect or consequential losses, or for lost profit, revenue, business, opportunity, data or goodwill;
• we aren’t liable for losses that come from relying on information in the service without checking it, such as missed flights, trains or bookings, or costs you wouldn’t otherwise have had;
• our total liability to you for all claims in any 12 months is limited to the greater of what you paid us in those 12 months and NZ$100.

These limits don’t apply to fraud, to wilful misconduct, or to anything else the law doesn’t allow us to limit.

18.If you use the service for a business

If you use the service for the purposes of a business, the Consumer Guarantees Act 1993 doesn’t apply, and you agree it’s fair and reasonable that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 don’t apply either.

You’ll also cover our reasonable losses and costs from any claim someone else makes against us because of your content or because you broke these terms.

19.Using the iPhone app

If you use the iPhone app, Apple’s Licensed Application End User License Agreement and the App Store’s terms also apply. In addition:

• These terms are between you and Webnify Limited, not Apple. We, not Apple, are responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app doesn’t meet any warranty that applies, you can tell Apple, and Apple will refund the price you paid for the app, if any. Apple has no other warranty obligation for it.
• We, not Apple, are responsible for any claims about the app, including product liability, failing to meet legal or regulatory requirements, consumer protection and privacy, and any claim that the app infringes someone’s intellectual property.
• You confirm you aren’t in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and aren’t on any US Government list of prohibited or restricted parties.
• You must follow the terms of any third-party service you use through the app, such as your mobile network’s.
• Apple and its subsidiaries are third-party beneficiaries of these terms and can enforce them against you.
• The full version and credits bought in the app are bought from Apple, and Apple’s refund process applies to them.

20.Using the Android app

If you get the Android app from Google Play, Google Play’s terms also apply to getting it. In addition:

• These terms are between you and Webnify Limited, not Google. We, not Google, are responsible for the app and its content.
• Google has no obligation to provide maintenance or support for the app.
• You must follow the terms of any third-party service you use through the app, such as your mobile network’s.
• The full version and credits bought in the app are bought through Google Play, and Google Play’s refund policies apply to them.

21.Changes to these terms

We may update these terms. If a change matters, we’ll email you at least 30 days before it takes effect, and the service will ask you to accept the new terms. If you don’t agree, you can delete your account before then.

A change never takes away credits or a full version you’ve already bought. The date at the top shows when these terms last changed.

22.Law and disputes

New Zealand law governs these terms, and the courts of New Zealand deal with any dispute. If the law where you live lets you bring a claim in your local courts, you still can.

Please talk to us first at support@mysummerdays.app, because most problems are quick to sort out. In New Zealand, small claims can also go to the Disputes Tribunal.

23.Everything else

• These terms, the Terms of sale and the Privacy policy are the whole agreement between us about the service.
• If part of these terms can’t be enforced, the rest still applies.
• If we don’t enforce something straight away, we can still enforce it later.
• We may transfer this agreement to whoever takes over the service, and we’ll tell you if that happens. You can’t transfer your account or this agreement.
• We’ll contact you by email or in the service.