Terms of Use

Effective date: 2026-05-02

Acceptance of terms

By downloading, installing, or using the SnowbirdDays iOS application (the “app”), you agree to these Terms of Use. If you do not agree, do not install or use the app. These Terms are between you and the publisher of SnowbirdDays; they are not a contract with Apple, though Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

Description of service

SnowbirdDays is a residency-day tracker for iPhone and iPad. It uses iOS background location, on-device storage, and a daily hash chain to produce a cryptographic-consistency record of the days you spent in each US state and foreign country. The records are intended to help you reason about state-tax and similar jurisdictional residency questions.

The app is not a substitute for professional advice. Day counts are observations of where the device was, not legal determinations. Residency rules differ by state and country and depend on facts well beyond day counts (domicile, intent, source of income, family ties). Consult a CPA, tax attorney, or audit professional before making any tax, legal, or financial decision.

Subscription terms

SnowbirdDays is offered as an auto-renewable subscription processed through the Apple App Store. We do not operate a payment server.

• Pricing. Monthly subscription: $3.99 / month. Annual subscription: $29.99 / year. Apple converts to local currency for users outside the US. Apple notifies you in advance of any price change and gives you a chance to cancel before the new price takes effect.
• 30-day free trial. Your first subscription purchase is eligible for a 30-day free trial, subject to Apple's eligibility rules (one trial per Apple ID per subscription group). During the trial you have full access to subscription features and you can cancel at any time without being charged.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before renewal. To cancel, open Settings → [your name] → Subscriptions → SnowbirdDays on iOS.
• Refunds. All payments are processed by Apple and are subject to Apple's refund policy. Request a refund through reportaproblem.apple.com. We do not process payments and cannot issue refunds directly, and to the extent permitted by law we do not provide refunds beyond Apple's policy.
• Family Sharing. Subscriptions support Apple Family Sharing where Apple offers it.

Lapsed subscription behavior

If your subscription lapses (cancellation, payment failure that Apple does not resolve, or end of a non-renewed term), the app enters read-only mode. In read-only mode:

• You can read all of your previously recorded data.
• You can export your records (CSV, JSON, Audit Evidence JSON, and plain-text summaries).
• You can import data from a backup file.
• You cannot record new automatic location data, add new manual entries, or schedule new threshold alerts.
• A 7-day grace banner appears in the app immediately after a lapse so a missed renewal does not abruptly cut off recording.
• Resubscribing at any later time restores full access. Your data is not deleted.

User responsibilities

You are responsible for:

• The accuracy of any data you enter or import. Manual entries are tagged in exports so they remain visible to anyone reading the record, but the app cannot independently verify you were in a jurisdiction on a manually-added day.
• Backing up your records. Use the export feature to keep copies in a place you control. The app cannot recover data from a lost, wiped, or reset device.
• Securing your device. Records live on this device under iOS file protection. A passcode, Face ID, or Touch ID protects them while the device is locked. The app's protection is only as strong as your device's protection.
• Compliance with applicable tax, immigration, and other law in your jurisdiction. The app does not interpret the law for you.
• Responding to audits or legal process. You are the custodian of your own records. We do not have your data and cannot produce it in response to a request directed at us.

Disclaimers

The app is provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted or error-free operation, or results obtained from use of the app.

Without limiting the foregoing, we do not warrant that day counts, threshold notifications, exports, or other app output will be accurate, complete, or accepted by any tax authority, auditor, court, or counterparty. The app's records are corroborating information; they are not a legal determination of residency.

SnowbirdDays does not provide tax advice, legal advice, or audit-defense services. Consult a qualified CPA, tax attorney, or audit professional before relying on the app's output for any tax, legal, or financial purpose.

Limitation of liability

To the maximum extent permitted by applicable law, we are not liable to you for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to these Terms or your use of the app, including but not limited to: tax liabilities, penalties, interest, or assessments imposed by any taxing authority; audit costs or professional advisory fees; loss of data, loss of use, loss of goodwill, or loss of business; or decisions made in reliance on the app's output.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the app is limited to the greater of one hundred US dollars ($100) or the amount you paid to Apple for SnowbirdDays subscriptions in the twelve months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow limitations of incidental or consequential damages, in which case our liability is limited to the minimum extent required by law. Nothing in this section limits liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded under applicable law.

Termination

You may terminate your use of the app at any time by deleting the app from your device and, if applicable, cancelling your subscription through Apple. Use the in-app Delete All Data function to wipe local records before uninstalling if you want to be sure nothing is left behind.

We may terminate or suspend your license under these Terms, with or without notice, if you materially breach these Terms, abuse the service, or attempt to use the app for purposes prohibited by applicable law. We may also terminate if we cease to offer the app.

Changes to these Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this page. For material changes, we will surface a notice in the app on the next launch after the change. Your continued use of the app after the new effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the app and cancel your subscription through Apple.

Governing law

These Terms are governed by the laws of the United States and the State of Minnesota, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For users whose local consumer-protection law confers mandatory rights that cannot be waived, those rights prevail to the minimum extent required.

Dispute resolution; arbitration; class-action waiver

Please read this section carefully. It affects your legal rights, including your right to a jury trial and to participate in a class action.

Informal resolution. Before filing any formal dispute, you agree to contact us at legal@snowbirddays.app and try to resolve the dispute informally. We will have 30 days from receipt of your notice to respond.

Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the app that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Minnesota or, at your election, in your home city if located in the United States. A single arbitrator will be selected under AAA's rules. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

Class-action waiver. You and we each waive the right to a trial by jury and the right to participate in a class action, class arbitration, collective action, or representative proceeding of any kind. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding. If this waiver is found unenforceable in a given jurisdiction, the dispute will proceed in court in Minnesota rather than in a class arbitration.

Exceptions. Either party may bring an action in small-claims court for disputes within that court's jurisdiction, provided the action is brought on an individual (non-class) basis. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or prevent unauthorized use of the app. If applicable law in your jurisdiction prohibits mandatory arbitration of consumer claims, the arbitration requirement does not apply to you to the extent of that prohibition, and disputes will proceed in the courts of Minnesota.

Opt-out. You may opt out of the arbitration agreement and class-action waiver in this section by sending written notice to legal@snowbirddays.app within 30 days after you first accept these Terms. Include your full name and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

Contact

Questions about these Terms: legal@snowbirddays.app.