Terms & Conditions

Last Updated: March 16, 2025

1. Introduction

These Terms & Conditions (“Terms”) govern your use of the websites, mobile applications, and related services (collectively, “Services”) provided by One Bite Apps/Mohammed Abushawish (“we, us, our”), located in Ontario, Canada. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please discontinue using our Services immediately.

Please also review our Privacy Policy, which explains how we collect, use, and protect your data in compliance with applicable privacy laws (including GDPR and CCPA).

2. Acceptance of Terms

You acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines, rules, or disclaimers referenced herein. If you do not accept these Terms, you must not use our Services.

3. Eligibility

1. Minimum Age
   The Services are not intended for users under the age of 13, or 16 if required by the laws in your jurisdiction. If you are under the applicable minimum age, you must not use the Services.
   
   

2. If You Are a Minor
   If you meet the minimum age requirement but are still under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf.
   
   

4. User Accounts

1. Account Creation
   You may need to create an account to access certain features within the Services. You agree to provide accurate, current, and complete information and to keep this information updated.
   
   

2. Account Security
   You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized access. We are not liable for any loss or damage arising from unauthorized use of your account.
   
   

5. Use of the Services

1. Permitted Use
   You agree to use the Services only for lawful purposes and in accordance with these Terms.
   
   

2. Prohibited Conduct
   You must not:
   
   

   • Violate any applicable law or regulation.

   • Engage in any fraudulent or deceptive practice.

   • Interfere with or disrupt the Services or the servers/networks providing them.

   • Reverse-engineer, decompile, or disassemble any aspect of the Services unless expressly permitted by law.

   • Scrape, data-mine, or otherwise extract data from the Services without our prior written consent.

6. In-App Purchases and Subscriptions

1. General
   Certain features of our Services may be offered through one-time in-app purchases (“IAPs”) or ongoing subscription plans (“Subscriptions”). All transactions (“Transactions”) are processed by external platforms (e.g., Apple App Store, Google Play Store, or other third-party marketplaces, collectively “App Stores”).
   
   We do not collect or store your payment information; such information is collected and processed by the relevant App Store. Your Transactions are governed by that App Store’s terms and policies. For more details, see Apple Media Services Terms and Conditions or Google Play Terms of Service.
   
   

2. Payment and Billing
   
   

   • Payment Method: All charges for IAPs or Subscriptions will be billed to the payment method associated with your App Store account.

   • Pricing: Prices are displayed within the Services and may vary by location, currency, or promotions. You are responsible for any applicable taxes or fees imposed by governmental authorities.

   • Taxes and Fees: Where required, the App Store may collect and remit taxes on our behalf. All such taxes and fees will be presented during checkout.

3. Subscription Renewals and Auto-Renewal
   
   

   • Auto-Renewal: Subscriptions typically renew automatically at the end of each billing cycle unless canceled beforehand.

   • Subscription Management: You can manage or cancel a Subscription at any time through your App Store account settings. To avoid automatic charges, cancel at least 24 hours before the current billing cycle ends.

   • Free Trials: If offered, free trials convert to paid Subscriptions at the trial’s end unless canceled. Any unused trial portion is forfeited upon purchasing a Subscription.

4. Price Changes
   We may change our Subscription fees at any time, but will provide reasonable advance notice. If you do not agree to the new rate, you must cancel your Subscription before the new price takes effect. Continued use after the price change indicates acceptance.
   
   

5. Refunds and Cancellation
   
   

   • Refund Requests: All refund requests must be directed to the App Store where you made the purchase. We cannot process refunds directly.

   • Cancellation: Canceling a Subscription will end your access to subscription features at the conclusion of the current billing period. No refunds or partial credits will be given unless required by the App Store’s policy, applicable law, or local consumer protection regulations.

7. Service Accuracy Disclaimer

1. No Guarantee of Accuracy
   Our Services often rely on data provided by third parties—including, but not limited to, city transit APIs, municipal data feeds, or other external sources—to generate estimated times of arrival (ETAs) or transit updates. While we strive to offer reliable and timely information, we do not guarantee the accuracy, completeness, or reliability of any ETAs, schedules, or other transit data.
   
   

2. Reliance on Third Parties
   Because much of our data is sourced externally, service quality may be affected by errors, delays, or technical issues in those third-party systems. We disclaim all liability for any inaccuracies, service interruptions, or other problems arising from these external sources.
   
   

3. Downtime and Bugs
   We do not guarantee uninterrupted operation of the Services or error-free performance. You acknowledge there may be downtime, bugs, regressions, or other technical issues that prevent or limit access to certain features or data accuracy.
   
   

4. No Warranties for ETAs or Functionality
   Downloading our apps or purchasing a Subscription does not guarantee that ETAs or other transit-related data will be accurate, up to date, or continually available. By using the Services, you assume all risks relating to your reliance on any information provided.
   
   

5. Always Verify
   Always verify critical transit information with official sources before traveling.
   
   

8. Not the Transit Provider

We are not the provider, owner, or operator of any trolley, shuttle, subway, or other transit service. We are an independent app developer and have no official affiliation with or endorsement by any city, municipality, or transit authority unless explicitly stated. Our role is limited to providing software functionality and information drawn from various third-party sources.

9. Intellectual Property

1. Ownership
   All software, designs, logos, trademarks, and other materials made available through the Services are owned by or licensed to us or their respective owners.
   
   

2. Limited License
   We grant you a non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial purposes. You may not reproduce, distribute, or create derivative works from any part of the Services without our express written permission.
   
   

3. Third-Party Trademarks
   Any third-party trademarks, service marks, and logos featured in the Services are the property of their respective owners. Their use is for identification or reference only and does not imply any affiliation or endorsement.
   
   

10. User-Generated Content

1. Responsibility for Content
   If you post or upload any content (e.g., comments, reviews), you are solely responsible for its legality, reliability, and appropriateness. You agree not to post content that is unlawful, offensive, defamatory, or otherwise violates the rights of others.
   
   

2. License Grant
   By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to host, display, and otherwise use your content to provide the Services.
   
   

11. Disclaimer of Warranties

Except as expressly provided herein, the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses, or that any defects will be corrected.

12. Limitation of Liability

1. Indirect Damages
   To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages (including lost profits, loss of data, or goodwill) arising out of or in connection with your use of or inability to use the Services.
   
   

2. Total Liability Cap
   In no event shall our total cumulative liability exceed the amount you have paid (if any) for accessing or using the Services during the six (6) months prior to the event giving rise to liability.
   
   

3. Jurisdictional Exceptions
   Some jurisdictions do not allow limitations on implied warranties or the exclusion/limitation of certain damages, so some of the above limitations may not apply to you.
   
   

13. Indemnification

You agree to defend, indemnify, and hold harmless One Bite Apps/Mohammed Abushawish and its affiliates, officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Services, violation of these Terms, or infringement of any third-party right.

14. Termination

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason without prior notice or liability to you. Upon termination, your right to use the Services immediately ceases. Sections of these Terms that by their nature should survive termination (e.g., intellectual property, disclaimers, limitations of liability) shall remain in effect.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Ontario, Canada, without regard to conflict-of-laws principles. Any dispute arising under or relating to these Terms will be resolved exclusively in the courts located in Ontario, Canada. You consent to such venue and waive any objections as to personal jurisdiction or venue.

16. Changes to the Terms / Modifications to the Services

We reserve the right to modify or replace these Terms at any time. We will provide notice of material changes (e.g., via our website, in-app notifications, or email). Your continued use of the Services following any modifications indicates your acceptance of the revised Terms. If you do not agree with the changes, you must discontinue using the Services.

We also reserve the right to modify, suspend, or discontinue any feature (including paid features) at any time without notice. No refunds or prorated credits will be provided for such modifications, suspensions, or discontinuations, except as required by the applicable App Store’s policy or by law.

17. Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

18. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19. Entire Agreement and Language

These Terms, together with any policies or guidelines referenced herein (including our Privacy Policy), constitute the entire agreement between you and us regarding the Services and supersede any prior or contemporaneous agreements, communications, or understandings.

In the event of any translated version of these Terms, the English version shall control if there is a conflict or discrepancy.

20. Additional Clauses

1. Third-Party Links and Content
   Our Services may contain links to or integrate with third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services, and you access them at your own risk.
   
   

2. No Agency or Partnership
   Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employment relationship of any kind between you and us.
   
   

3. Force Majeure
   We are not liable for delays or failures in performance caused by events beyond our reasonable control, including acts of God, natural disasters, internet outages, strikes, or government actions.
   
   

21. Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us at:

Email: support@onebiteapps.com