General Terms of Sale

These General Terms of Sale apply to every purchase you make from Aki Fukaku, an Australian software business (“we”, “us”), in any of the apps, websites or services we operate (each a “Product”). They apply together with the terms of use, privacy policy and refund policy of the Product you buy, which you can find in our Legal Center.

If these General Terms and a Product's own terms deal with the same matter differently, the Product's terms apply to that Product — except that nothing in any Product's terms reduces your rights under section 8 below.

1. Who you are buying from

The seller of every paid item in our Products is Aki Fukaku, Australia. Contact: [email protected]. Products with their own support desk list it on our Support page.

2. Prices and taxes

The price, currency, what is included and (for subscriptions) the billing period are shown to you before you pay. Prices include any taxes we are required to collect, such as Australian GST, unless the checkout page says otherwise. Your bank or card issuer may charge its own currency conversion or overseas transaction fees.

3. How payments are processed

• Website purchases are processed by Stripe. We never receive or store your full card number or security code. Card statements show the charge as AKIFUKAKU, usually followed by the Product name.
• In-app purchases on iOS or Android are processed by Apple or Google under their own terms. Billing, renewals and store refunds for those purchases are handled by the store.

4. Subscriptions and automatic renewal

Subscriptions renew automatically at the end of each billing period at the then-current price for that period until you cancel. To avoid being charged for the next period, cancel at least 24 hours before the current period ends. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then.

• Bought on a website:cancel from the Product's account or billing page (Stripe customer portal), or email us.
• iPhone / iPad:Settings → your name → Subscriptions.
• Android:Google Play → Payments & subscriptions → Subscriptions.

Deleting an app or your account does not cancel a store subscription. If we change the price of a subscription, we (or the store) will tell you before the new price applies, and you can cancel before it does.

5. Digital content supplied immediately

Most of what we sell is digital content or a digital service that we start supplying as soon as you pay. At checkout on our websites we ask you to confirm that you want supply to begin immediately and that you understand this ends any statutory right of withdrawal you may have (for example, as a consumer in the EU or the UK). If we did not obtain that confirmation for a website order, you may still withdraw within 14 days of purchase for a full refund. For subscriptions, if you withdraw within that period we refund the unused part.

6. Refunds

Each Product's refund policy explains when we refund. In every case we will give you a remedy, including a refund where appropriate, if you were charged twice or incorrectly, if what you paid for was not delivered, or if it has a fault we cannot fix within a reasonable time. We generally do not refund a change of mind unless the law requires us to. Refunds for in-app purchases are requested from Apple or Google; if the store declines and your issue is a fault with our Product, contact us and we will put it right.

7. Disputed charges

If you don't recognise a charge or think it is wrong, please contact us first — we can usually fix it faster than a chargeback. While a chargeback is open, access linked to that payment may be paused. This does not affect your right to ask your card issuer for protection against unauthorised transactions.

8. Your consumer rights

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

If you are a consumer in the EU, the UK or another country whose law gives you mandatory protections, those protections continue to apply to you.

9. Liability

Subject to section 8 and to the extent permitted by law, we are not liable for indirect or consequential loss, and our total liability for any purchase is limited to the amount you paid for it. This does not limit liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by our negligence, or anything else that cannot lawfully be limited.

10. Governing law and disputes

These terms are governed by the laws of the Australian Capital Territory and the applicable laws of the Commonwealth of Australia. Please contact us first so we can try to resolve any problem. Courts of the Australian Capital Territory and the Federal Court of Australia have non-exclusive jurisdiction. If you are a consumer, you may also bring proceedings in the courts of the place where you live, and you may contact your local consumer protection agency (in Australia, the ACCC or your state or territory fair trading office). We do not require arbitration and you do not waive any right to take part in a class action.

11. Changes

We may update these terms. The version that applies to a purchase is the one published when you made it. If a change materially affects an ongoing subscription to your disadvantage, we will tell you before it applies and you may cancel and receive a refund for the unused portion you have prepaid.

12. Contact

Aki Fukaku, Australia — [email protected]. See also Support.