Terms & Conditions

Last updated: 20th March 2025

Introduction and Acceptance of Terms

Welcome to the I Can App. These Terms and Conditions (“Terms”) govern your use of the I Can App (“the App”). By downloading or using the App, you agree to be bound by these Terms. If you do not accept these Terms, you must not use the App. These Terms form a legally binding agreement between you, and I Can App (referred to as “we”, “us”, or “our”).

Business Identification:

Business Identification: The I Can App is operated by I Can App (ABN 36 762 655 217), a business registered in Sydney, New South Wales, Australia. Our registered business location is Sydney, NSW, Australia. For any questions or notices, you can contact I Can App at I-Can-app@outlook.com.

By using the App, you also agree to our Privacy Policy and any other policies referenced in these Terms. Please read these Terms carefully before using the App.

User-Generated Content and AI Disclaimer

User-Generated Content

The I Can App allows you to create and share your own content, including adding custom categories and sharing quotes or other inspirational content via third-party platforms (such as Facebook, Instagram, WhatsApp, etc.). When you create or share content through the App:

Ownership: You retain ownership of any original content you create. However, by posting or sharing content in the App, you grant us a non exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content within the App as needed to operate and provide our services. This license ends when you delete the content or your account (except to the extent it has been shared with others, and they have not deleted it).
Sharing Quotes: The I Can App allows you to create and share motivational and inspirational quotes. You may share content from the App through third party platforms such as Facebook, Instagram, WhatsApp, and others. When sharing content on third-party services, you must abide by those services’ terms and conditions. The App is not affiliated with or endorsed by any third party platforms, and we are not responsible for their services or how they handle shared content.
Personalised Categories: You can create personalised categories or collections within the App to organize quotes for your own use. Any custom categories or labels you create should not contain offensive, illegal, or infringing terms. You are responsible for ensuring that any content you add or categorize in the App (including any custom quotes you input, if that feature is available) complies with these Terms and applicable law.
No Endorsement or Verification: The inclusion of any user-generated or AI generated quote in the App does not imply our endorsement of that quote or its accuracy. We do not verify the authenticity of quotes (for example, whether a famous person actually said a given quote). The motivational content in the App is for general inspirational purposes and is not professional advice. You should not rely on the App’s content as a substitute for professional guidance (for example, legal, medical, financial, or mental health advice). How you interpret and use the quotes is entirely your own responsibility, and we will not be liable for any outcome of your interpretation.
Responsibility: You are solely responsible for any content you create, upload, or share using the App. This means you must ensure that your content does not violate any laws or infringe anyone’s rights (including copyright, privacy, or other rights). Do not post or share content that is illegal, offensive, defamatory, or otherwise violates these Terms. If you share quotes or content via third-party platforms, you are responsible for complying with those platforms’ terms of service and community guidelines. We are not responsible for anything that happens on third-party platforms – for example, if you share a quote to Facebook or Instagram, any use of that content on those platforms is governed by their terms and policies, not ours.
Third-Party Sharing: The App may provide convenient features to share content externally (e.g., a “share” button for social media or messaging apps). These are provided for your convenience. We do not guarantee that third party platforms will function properly with our App, and we are not liable for any issues or data losses that occur on those platforms. When you share content outside the App, you do so at your own risk. Any personal information you choose to include in content shared publicly is at your discretion and responsibility.

User Profile Creation and Management

By creating an account, you agree to provide the following information: Profile Photos and Camera Roll: The app requests access to your photos and camera roll solely to enable the creation and personalisation of your user profile. Uploaded photos are stored securely and used exclusively for your user profile within the app.

Profile Name: You agree to provide a profile name to personalize your experience. You can change your profile name anytime through the app settings.

Email Address: You must provide a valid email address for account verification, account management, and direct account-related communications. Please note that once your account is created, the associated email address cannot be changed.

Account Deletion

When you delete your account, all associated data—including your profile photos, profile name, and email address—will be permanently deleted from our servers. Account deletion is irreversible.

By creating and using your account, you acknowledge and agree to these Terms and Conditions.

AI-Generated Content Disclaimer

The I Can App may include content generated by artificial intelligence (“AI”), such as suggested quotes, motivational messages, or category suggestions generated automatically to inspire you. While we aim for the AI to provide positive and helpful content, we do not guarantee the accuracy, completeness, or appropriateness of AI generated content. By using the App, you understand and agree that:

Informational Purposes Only: All quotes, messages, or suggestions provided by the App (including those generated by AI) are for general inspiration and informational purposes only. They are not professional advice and should not be relied upon as such. For example, any motivational or wellness-related content is not a substitute for professional medical, psychological, financial, or legal advice. Always use your own judgment and, if necessary, seek professional advice before making decisions based on content from the App.
Potential Inaccuracies: AI-generated content might occasionally be incorrect, out-of-date, biased, or otherwise imperfect. The technology is intended to be helpful, but it is not foolproof. We disclaim responsibility for any errors or omissions in the content provided by the AI. You should independently verify any information that you deem important.
No Liability for AI Content: To the fullest extent permitted by law, I Can App will not be liable for any loss or damage resulting from your reliance on AI generated content. This includes any harm, injury, or negative outcomes allegedly arising from following suggestions or inspiration from the App. You use and interpret the content at your own risk.
User Discretion: You agree that you are responsible for how you use or act upon the content in the App. If you share AI-generated quotes or content with others, ensure that it is appropriate to share. We encourage users to report any content in the App that seems obviously incorrect or offensive so we can review it, but we are not responsible for every piece of content produced by the AI or users.

Subscription and Payment Terms

Subscription Overview

The I Can App offers premium features through a subscription model. By subscribing, you gain access to additional content and features not available to free users. The subscription is offered at AUD $1.99 per month (including GST where applicable) and is an auto-renewing monthly subscription. New users are eligible for a 3-day free trial of the subscription.

Free Trial: If you are a new subscriber, you may receive a 3-day free trial at the start of your subscription. The free trial allows you to access premium features for 3 days without charge. If you do not wish to continue with a paid subscription after the trial, you must cancel the subscription before the 3-day trial period ends. If you do not cancel within the trial period, on the day after the trial ends, your account will automatically roll into a paid subscription and the monthly fee of $1.99 will be charged to your chosen payment method. Free trials are limited to one per user. If you cancel during the free trial and later decide to subscribe again, you might not be eligible for another free trial.
Monthly Billing Cycle: A paid subscription will charge $1.99 per month to your account. The billing cycle begins at the end of your free trial (or immediately upon purchase if you skip the trial) and recurs on the same day each month. For example, if your paid subscription starts on the 5th of a month, it will renew on the 5th of each subsequent month, unless cancelled.
Auto-Renewal: Subscriptions automatically renew each month unless you cancel the subscription at least 24 hours before the end of the current billing period. By subscribing, you authorize the I Can App (via the App Store or Google Play) to charge the monthly subscription fee to your stored payment method on a recurring basis. Charges for renewal may be processed up to 24 hours prior to the start of the next subscription period to ensure uninterrupted service.

Payment Processing and Platform Terms

All payments for the subscription are handled through the platform where you downloaded the App (either Apple’s App Store for iOS devices, or Google Play Store for Android devices). We do not directly process your payment information:

Apple App Store (iOS): If you downloaded the I Can App on an iPhone or iPad, the payment will be charged to your Apple ID account upon confirmation of purchase (or after the free trial ends). The subscription will appear in your Apple subscriptions list. Apple’s App Store payment terms govern the processing of the subscription fee.
Google Play Store (Android): If you downloaded the App on an Android device, the subscription payment will be charged to the Google account you used on the Google Play Store. The transaction is governed by Google Play’s payment terms.
Platform Policies: Your purchase and use of the subscription must comply with the Apple App Store or Google Play Store policies, as applicable. This includes their terms of service, content rules, and any in-app purchase guidelines. If any term in these Terms conflicts with the Apple App Store or Google Play terms that apply to subscriptions or in-app purchases, the relevant App Store/Play Store terms will prevail to the extent of the inconsistency. You are responsible for ensuring you comply with the requirements of the platform from which you obtained the App.

Managing and Cancelling Your Subscription

You may manage or cancel your I Can App subscription at any time through your App Store or Google Play account settings. Important: Deleting the I Can App or deleting your account with us does NOT automatically cancel your subscription. You must actively cancel the subscription through the platform (Apple or Google) to stop future billing.

Cancellation Procedure: To avoid being charged for the next period, you must cancel at least 24 hours before the current subscription period ends. You can find the cancellation option in your device’s account settings:
- For iOS (Apple): Open your device Settings > tap your name (Apple ID) > Subscriptions > select I Can App > choose Cancel Subscription (or follow the prompts to cancel).
- For Android (Google): Open Google Play Store > tap your profile icon > Payments & Subscriptions > Subscriptions > select I Can App > tap Cancel Subscription.
Effect of Cancellation: If you cancel the subscription, you will continue to have access to premium features until the end of the current paid period (or the trial period, if you cancel during a free trial). After that date, or if the subscription is not renewed, your account will revert to the free version of the App without the premium features. No further charges will be made after proper cancellation.
Auto-Renew Disable: If you cancel, make sure the auto-renewal is turned off following the steps above. Once cancelled, you will not be billed again unless you re-subscribe in the future. We have no ability to cancel your subscription on your behalf, as this is controlled by Apple/Google on their platform.

Refund Policy

All subscription purchases are final. Because payments are processed through Apple or Google, I Can App does not handle refund requests directly. This means:

No Developer Refunds: We, the I Can App team, cannot provide refunds or credits for any subscription fees. We do not have access to your payment details or transaction records in a way that would allow us to issue a refund. Do not send refund requests to us; we are unable to process them.
App Store Refunds: If you subscribed via the Apple App Store and you believe you are entitled to a refund (for example, you were charged by mistake or there was a problem with the service), you must request a refund through Apple. You can do this by using Apple’s report a problem website or contacting Apple Support. Refunds on the App Store are granted at Apple’s discretion and according to their policies.
Google Play Refunds: If you subscribed via Google Play on Android and seek a refund, you should request it through Google Play. Google may offer refunds for subscriptions in certain cases (especially if you cancel soon after a renewal by mistake or if content was not delivered as promised), but these are subject to Google’s refund policies and time limits. Typically, Google Play may allow you to request a refund within 48 hours of a purchase directly via the Play Store interface. After that window, you may need to contact Google support.
No Guarantees: We cannot guarantee that Apple or Google will grant a refund. Their decision is final. Any refund issued will be handled by Apple or Google and, if approved, the funds will be returned via your original payment method by those companies.
Australian Consumer Law: Nothing in this Refund Policy is intended to limit any rights you may have under the Australian Consumer Law (see Liability and Consumer Guarantees section below). For example, if the subscription service provided by the I Can App is deemed to have a major failure under Australian Consumer Law, you may be entitled to a remedy (which could be a refund) from the platform or us as required by law. However, outside such statutory obligations, standard platform refund rules apply.

Account Termination and Data Deletion

Voluntary Account Deletion by User

You have the right to delete your I Can App account at any time. The App may provide an in-app option to delete your account, or you can request account deletion by contacting us at our support email. Deleting your account is permanent and will erase or anonymize the personal data associated with your account in accordance with our data retention policies:

Data Removal: When you delete your account, we will delete your profile information, account credentials, and any content or data that you have stored in the App, except any data we are required to retain for legal or compliance purposes. Your quotes, custom categories, and other saved content will typically be removed and no longer accessible. Please be aware that content you shared with others (for example, if you shared a quote to a friend or on social media) cannot be retracted or deleted from those third-party services by us. If you want such third-party content removed, you will need to delete it on the respective platform.
Effect on Subscription: Deleting your I Can App account does not automatically cancel your subscription if you have one (see Subscription cancellation above). You must cancel the subscription through the App Store or Google Play separately, or you may continue to be billed even if the account is deleted.
Reactivation: Once deleted, your account cannot be recovered. If you wish to use the I Can App again, you would need to create a new account. Past data (including any content or subscription status) will not carry over.

Account Suspension or Termination by Us

We reserve the right to suspend or terminate your account access at our discretion if we believe you have violated these Terms or any applicable law, or for other legitimate reasons (for example, fraudulent activity, non-payment of subscription fees, security risks, or misuse of the App).

Grounds for Termination: Violations that could result in suspension or termination include, but are not limited to: using the App in a way that breaches the User Content rules (e.g., posting illegal or abusive content), attempting to hack or disrupt our services, sharing others’ personal information without consent, or any behaviour that we deem harmful to other users, to us, or to third parties. We may also terminate if required by law or a regulatory authority, or if continuing to provide the service to you becomes impractical or impossible (for example, if we decide to discontinue the App).
Notice: Where reasonable and possible, we will attempt to give you notice of the violation and an opportunity to correct it before terminating or suspending your account. However, for serious violations or urgent issues, we may suspend/terminate immediately without notice.
Consequences: If your account is terminated or suspended by us, you will lose access to the App and your data within it. If you have an active subscription at the time of termination due to your breach of these Terms, you may not be entitled to any refund for the remaining period (subject to applicable law). We also reserve the right to refuse re-registration or reactivation of your account if it was terminated for violation of these Terms.
Data After Termination: In case of termination by us, we will handle your data in accordance with our Privacy Policy and applicable law. Generally, data associated with a terminated account will be deleted or anonymized after a certain retention period unless we are required to keep it (for example, to cooperate with law enforcement or for legal disputes).

Privacy and Data Protection

Your privacy is very important to us. We are committed to protecting your personal information and handling it in compliance with the Privacy Act 1988 (Cth) and other applicable Australian privacy laws. Our practices regarding your personal information are described in detail in our Privacy Policy, which is available through the App or our website. By using the I Can App, you agree that we can collect, use, and disclose your information in accordance with our Privacy Policy and these Terms.

Key privacy commitments and information include:

Compliance with Privacy Laws: We will only collect, use, store, and disclose your personal information as allowed by the Privacy Act 1988 (Cth) and other relevant laws. This includes ensuring we have a lawful basis for handling your data (e.g., your consent or another permitted reason under the law) and honouring your rights under those laws.
Types of Data Collected: As outlined in our Privacy Policy, we may collect information such as your name, email address, and any content you create in the App (like your Favorite quotes or categories), as well as technical data (device type, OS, usage statistics) to improve our services. We only collect what is necessary for providing and enhancing the App’s features.
Use of Data: We use your personal information to operate the App (e.g., saving your custom categories), to provide customer support, to send you updates or notifications (if you opt-in), and to improve the App’s functionality. We do not sell your personal data to third parties. We may share data with service providers who help us run the App (such as cloud storage providers or analytics) under strict confidentiality and only for the purposes of assisting us.
User Rights: Under Australian privacy law, you have rights to access the personal information we hold about you, and to request correction of any inaccuracies. If you wish to access or correct your data, or if you have any privacy-related concerns, please contact us at our support email. We will respond as required by law. If you are an international user, you may have additional rights under your local laws, which we will also respect where applicable.
Data Deletion: If you delete your account (as described in the Account Termination section), we will delete your personal data from our active databases, except for any information we are required to retain by law or for legitimate business purposes (such as transaction records needed for accounting, or records necessary to enforce our rights). Refer to our Privacy Policy for details on retention periods.
Security: We implement reasonable security measures to protect your information from unauthorised access or disclosure. However, no method of transmission or storage is 100% secure, so we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your login credentials to help protect your account. Notify us immediately if you suspect any unauthorised access to your account.
Consent to Privacy Policy: Our I Can App Privacy Policy is incorporated into these Terms by reference. We encourage you to read it fully. If there is any inconsistency between these Terms and the Privacy Policy regarding personal data, the Privacy Policy will prevail for privacy-related matters. By using the App, you consent to the collection and use of your data as described in the Privacy Policy.

General Compliance

Compliance with Laws:

You agree to use the I Can App in accordance with all applicable laws and regulations. This includes local, state, national, and international laws relating to privacy, copyright, and other intellectual property, online conduct, and the export of data or software. You are responsible for any content you share and your usage of the App in your jurisdiction. If certain content is not allowed in your country (for example, certain symbols or speech), it is your responsibility not to share or use such content via our App. We make no representations that the App or its content are appropriate or available for use in all locations and accessing the App from territories where its content is illegal is prohibited.

GDPR and International Compliance:

If you are located in the European Economic Area (EEA) or United Kingdom, we will process your personal data in compliance with the GDPR and local data protection laws. Our lawful bases for processing your data are outlined in our Privacy Policy (for example, your consent, performance of a contract by providing the App service, or our legitimate interests). We may transfer your data to servers or processors in other countries (for example, if our servers are in a country outside the EEA). Where we do so, we will ensure appropriate safeguards are in place (such as Standard Contractual Clauses or other GDPR-compliant transfer mechanisms). By using the App, you consent to your data being processed and transferred as described in the Privacy Policy.

CCPA Compliance:

If you are a California resident, we handle your personal information in accordance with the CCPA. We do not sell personal information as defined by the CCPA. As noted in Section 5, you have the right to request disclosure of what personal information we collect, to request deletion of your personal information, and to opt out of any sale of personal information (though we do not sell data). Detailed information on these rights and how to exercise them is provided in our Privacy Policy.

Intellectual Property and Copyright Compliance

All content in the App (except for your user-generated content and public-domain quotes) is the property of the I Can App or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. This includes the App’s design, graphics, logos, and code, as well as any original text or compilations of quotes. You agree not to reproduce, distribute, modify, or create derivative works from any part of the App’s content or software, except as expressly allowed by us. For example, you are welcome to share the quotes through the provided features (that’s the point of the App!), but you may not scrape our entire database of quotes to create a competing service. If you believe that any content in the App infringes your copyright or other intellectual property rights, please notify us with details of the infringement claim. We have policies and procedures (in compliance with the Digital Millennium Copyright Act “DMCA” and other applicable laws) to respond to valid infringement notices and, if necessary, remove infringing content and terminate repeat infringers’ access.

Except as otherwise expressly stated, all rights, title, and interest in and to the I Can App are owned or licensed by I Can App. All rights not expressly granted to you under these Terms are reserved by us.

Liability and Disclaimers

Consumer Guarantees (Australian Consumer Law)

The I Can App is provided to you in accordance with Australian Consumer Law (ACL). As a consumer, you have certain rights and guarantees under the ACL that cannot be excluded, including that services will be provided with due care and skill and that goods (if any are provided) will be of acceptable quality. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you have under the ACL or any other law that cannot be excluded or modified by agreement. In other words, you will always retain any rights you’re entitled to under law, and these Terms will be read subject to those non-excludable rights.

To the extent that we are allowed under applicable law to limit our liability for breach of any statutory guarantee or non-excludable condition (for example, under Section 64A of the Competition and Consumer Act 2010 (Cth)), our liability is limited, at our option, to either re-supplying the services to you or paying the cost of having the services re-supplied.

General Disclaimers

Use of the I Can App is at your own risk. While we strive to provide a great user experience, the App and all content in it (including text, images, quotes, advice, and AI-generated outputs) are provided on an “as is” and “as available” basis without warranties of any kind, except those non-excludable guarantees mentioned above. Specifically:

No Warranty: We make no guarantee that the App or its content will be accurate, reliable, error-free, or uninterrupted. We do not warrant that the App will meet your specific needs or expectations, or that it will always be available or secure. Technical issues or updates may occasionally make the App unavailable. We will try to fix issues promptly, but we are not liable for any downtime or errors.
Security and Viruses: While we strive to provide a secure experience and employ reasonable measures to protect our systems, we do not guarantee that the App will be free from viruses, malware, or other harmful components beyond our control. You are responsible for maintaining appropriate security measures (such as antivirus software) on your devices.
Inspiration Only, Not Advice: All information, affirmations, or quotes provided are meant for inspiration and motivational purposes only. They are not guaranteed to work for everyone or in every situation. We are not responsible for any decisions you make or actions you take based on the content you obtain through the App. For example, if the App provides a motivational quote about taking risks, and you decide to make a major life decision based on it, you do so at your own risk. Always use common sense and, when necessary, seek professional advice suited to your personal situation. The App’s content should not be seen as a substitute for professional advice (such as medical, psychological, financial, or legal advice).
Health and Wellbeing: If the App’s content touches on areas of mental health, well-being, or personal development, remember that this content is general in nature. It is not tailored to your personal circumstances and is not a substitute for professional advice (such as therapy, counselling, or medical advice). Always seek a qualified professional’s guidance if you have serious concerns about your mental or physical health.
Third-Party Content: The App may display content from or links to third parties (for example, if a quote is attributed to an author, or if we provide a link to an external article or social media page). We do not control or endorse third-party content or websites. We are not liable for any third-party content, and if you choose to click links or access third-party materials, you do so at your own risk and subject to their terms.

Limitation of Liability

To the maximum extent permitted by law, in no event will I Can App or its owners, developers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the App or its content. This includes, for example, damages for lost profits, lost opportunity, loss of data, or emotional distress, even if we have been advised of the possibility of such damages.

Subscription Users: To the extent we are liable for any reason (whether for breach of these Terms, negligence, or other tort, or under any other cause of action), our total cumulative liability to you will be limited to the total amount of fees you have paid us for the use of the App in the 1-month period immediately prior to the event giving rise to the liability.

Free Users: By downloading or using the App, you, as a free user who has not subscribed or paid any fees, explicitly agree and acknowledge that our liability to you is limited to the fullest extent permitted by law. You also agree that we shall have no monetary liability or obligation to compensate you under any circumstances.

Governing Law: This Limitation of Liability and your use of the App are governed by and interpreted in accordance with the laws of New South Wales, Australia, and the applicable laws of Australia. Any disputes relating to these Terms shall be subject exclusively to the jurisdiction of the courts located in New South Wales, Australia.

International Users: If you access or use the App from outside Australia, you acknowledge and agree that you do so voluntarily and are responsible for complying with your local laws, while explicitly agreeing that Australian law governs your relationship with us.

Indemnity

You agree to indemnify and hold harmless I Can App and its directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) that arise from: (a) your use of the App, (b) any content you post or share through the App, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party. This means that if a third party makes a claim against us because of something you did, you will be responsible for any costs or damages we incur as a result, to the extent that such claim is attributable to your actions or omissions.

No Liability for User Conduct

We do not supervise or moderate all user-generated content, and we generally do not control the actions of users. Therefore, we are not liable for the conduct of any user or any content that any user posts, sends, or shares via the App. If you have a dispute with another user or are harmed by content posted by another user, you release I Can App from any claims, demands, and damages arising out of or connected with such dispute or content. However, we still encourage you to report misuse or problematic content to us so we can take appropriate action (such as removing content or banning a user for violating these Terms).

Third-Party Services and App Store Terms

Third-Party Platforms (Facebook, Instagram, WhatsApp, etc.)

As noted, the App may enable integration with or sharing to third-party services and platforms. These are provided for your convenience. However:

Independent Services: Third-party platforms (like social media networks or messaging apps) are independent of I Can App. Your use of those services is governed by their own terms and privacy policies, not these Terms. We do not endorse or take responsibility for any third-party services. If you encounter issues (for example, a post doesn’t show up on Facebook, or someone interacts with a quote you shared on Instagram inappropriately), you must resolve that under the third party’s rules.
Permissions: The App may require certain permissions on your device to enable sharing (e.g., access to your photo gallery if you want to share an image). Granting these permissions is optional but may be necessary for the feature to work. We will only use such permissions for their intended purpose (e.g., to share a quote image you select to the platform you choose).
No Third-Party Endorsement: Just because the App works with third-party platforms does not mean those third parties endorse the I Can App or have any formal relationship with us. Likewise, a link to an external site or reference does not imply we endorse the content or provider of that external resource.

App Store and Google Play Provisions

Because the I Can App is distributed via the Apple App Store and Google Play Store, the following additional terms apply to you:

Acknowledgment: You acknowledge that these Terms are an agreement between you and I Can App, not with Apple or Google. Apple Inc. and Google LLC (and their subsidiaries) are third-party beneficiaries of these Terms with the right to enforce them against you, but they are not parties to this contract. Your use of the App must also comply with the App Store Review Guidelines and Terms of Service if you downloaded on iOS, or the Google Play Terms of Service if you downloaded on Android.
App Warranty (Apple-specific): In the event of any failure of the iOS version of the App to conform to any applicable warranty (if one is expressly provided; remember, the App is provided “as is” except required by law), you may notify Apple, and Apple may refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty will be our responsibility (subject to the limitations and exclusions stated in these Terms).
Product Claims: You acknowledge that we, not Apple or Google, are responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App. This includes but is not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation. Nothing in these Terms shall be deemed an admission that you may have such claims.
Intellectual Property Claims: If a third party claims that the App infringes their intellectual property rights, we (not Apple or Google) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim to the extent required by these Terms.
Age and Eligibility: You represent that you are at least the minimum age that your jurisdiction or the platform requires for using the App. For example, Apple’s terms typically require you to be at least 13 years old (or have parental consent) to use an App Store account. If you are under 18, you represent that you have your parent or guardian’s permission to use the App and to accept these Terms. We reserve the right to ask for proof of age or permission at any stage.
Developer Contact: As noted above, if you have any issues or questions about the App, you should contact us (the developer) at I-Can-app@outlook.com, not Apple or Google. Apple and Google do not provide support for third-party apps.
Compliance with Third-Party Terms: You must comply with all applicable third-party terms of agreement when using the App. For example, if your use of the App on a mobile device uses a cellular data connection, you must not violate your wireless carrier’s agreement. Similarly, your use of any integrated service (like posting content to YouTube, as an example) must comply with that service’s terms.

Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia, and where applicable, the Commonwealth laws of Australia. This choice of law applies regardless of your location, meaning that the laws of NSW will apply to any matters or disputes arising out of or relating to these Terms or your use of the I Can App (except to the extent that any mandatory provisions of consumer law in your own jurisdiction apply for your protection).

Jurisdiction: You agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. In other words, if you wish to pursue legal action against us (or vice versa), it will be in the courts located in New South Wales (such as the courts in Sydney), and under Australian law. If you reside outside Australia, you waive any objection to the inconvenience of such forum, as this jurisdiction is part of the agreement to use the App. However, we reserve the right to seek injunctive or equitable relief in any jurisdiction if necessary to protect our interests (for example, to stop an intellectual property infringement or enforce a court judgment).

Dispute Resolution

We value our users and aim to address any concerns without the need for formal legal action. If you have a dispute or issue with the I Can App or these Terms, we encourage you to contact us first at I-Can-app@outlook.com to discuss and attempt to resolve the matter informally. Often, a quick conversation can resolve misunderstandings or issues.

Before commencing any court proceedings, the parties agree to consider alternative dispute resolution processes in good faith. This may include:

Negotiation: Attempting to resolve the dispute through direct discussion via email or phone. We will make a genuine effort to listen to your concerns and address them, and we ask that you do the same.
Mediation: If we cannot resolve the dispute through direct communication, either party may suggest mediation. Mediation is a process where a neutral third-party mediator helps the parties try to reach a settlement. The mediation would take place in Sydney, NSW or another mutually agreed location (or via an online platform), and the costs of the mediation (mediator’s fees) would typically be shared equally by both sides. Mediation is not binding, but it can often help find a mutually acceptable resolution.
Good Faith Requirement: Engaging in dispute resolution (negotiation or mediation) is voluntary, but if both parties agree to try it, they should participate in good faith. Either party can withdraw from these processes at any time if they feel it’s unproductive.

Nothing in this section prevents either you or us from seeking urgent interim relief (such as an injunction) from an appropriate court if necessary to prevent serious harm or preserve legal rights while the dispute resolution process is underway. Additionally, if a dispute clearly cannot be resolved informally or through mediation, either party may proceed to litigation in the courts as specified in the Governing Law and Jurisdiction section above.

Class Action Waiver

To the fullest extent permissible by applicable law, you and I Can App agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the I Can App shall be resolved on an individual basis. Neither you nor I Can App will be entitled to join or consolidate claims by or against other users in court or arbitration or otherwise litigate or arbitrate any dispute as a representative or class action.

No Class Actions: You and I Can App each waive any right to participate in a class action or representative proceeding.
Severability: If a court or tribunal of competent jurisdiction finds any part of this Class Action Waiver unenforceable, then the Class Action Waiver shall be null and void as to that specific dispute, but the remainder of these Terms shall remain in full force and effect.
Individual Claims Only: Each party agrees to bring any dispute on an individual basis only, and not as a plaintiff or class member in any purported class or representative action.

Changes to These Terms

We may update or modify these Terms from time to time, for example, to reflect changes in the law, updates to the App, or changes in our business practices. When we update the Terms, we will change the “Last Updated” date at the top of this document. If the changes are significant, we will take reasonable steps to inform you (such as by an in-app notification or an email, if we have your email on file) and obtain your agreement if required by law.

Your continued use of the I Can App after any update to the Terms signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App and, if applicable, cancel any subscriptions. We encourage you to periodically review the Terms to stay informed about your rights and obligations. For any questions about the Terms, please contact us.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the I Can App, please contact us:

Business Name: I Can App
Australian Business Number (ABN): 36 762 655 217
Registered Address: Sydney, NSW 2000, Australia
Email: I-Can-app@outlook.com
Website: icanapp.com.au

We will do our best to respond to your inquiry promptly. Your feedback is important and helps us improve our services.

By using the I Can App, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for choosing I Can App as your source of daily inspiration and motivation! Enjoy the App and use it responsibly.