MidnightlyThese terms apply to the Midnightly app for iPhone and to this website. By downloading or using Midnightly you agree to them. If you do not agree, do not use the app.
1. Who we are
Midnightly is published by ELAQ Limited, a company registered in Ireland ("we", "us"). You can reach us at support@midnightly.app.
The app is licensed to you, not sold, under these terms and Apple's Licensed Application End User License Agreement. Where the two differ, these terms apply between you and us. Apple is not a party to these terms and is not responsible for the app or its content.
2. What Midnightly is, and is not
Midnightly keeps a day-by-day record of where you were and applies published residency and stay rules to it. These include the UK Statutory Residence Test, the US Substantial Presence Test, the Schengen 90/180-day rule and day-count rules for other countries. It shows how each number was reached and links to the source.
Midnightly is not tax, legal or immigration advice. It does not decide your tax residence or immigration status. Those depend on facts the app cannot know and on rules that change. Day counts are estimates based on the record on your device, and that record can have gaps or errors. Results marked "depends on your answers" rely on information you provide. Always check important decisions with a qualified adviser. The evidence report is a record of your data, not proof of residence.
3. Free features and paid plans
Counting your days, the calendar, alerts and CSV export are free. Some features need a paid plan, bought in the app through your Apple Account:
- Tax Year Pass: a one-off payment for one tax year. If you buy it in the last 90 days of a tax year, it also covers the next tax year. The app shows the end date before you buy. It does not renew.
- Pro Annual: a yearly subscription that renews automatically.
- Lifetime: a one-off payment for the paid features of the current major version and its updates.
- Household Annual: a yearly subscription that renews automatically, for you and up to five other people you add with their consent.
Prices are shown in the app before you buy, in your local currency, and include any tax Apple collects. A Private Client service is offered separately, by agreement, and is not sold in the app.
4. Subscriptions, free trials and cancelling
- Payment is charged to your Apple Account when you confirm the purchase.
- Pro Annual and Household Annual renew automatically each year at the then-current price unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the period ends.
- Where a free trial is offered (for example, 7 days on a yearly plan for people who have not had one), you are charged when the trial ends unless you cancel at least 24 hours before it ends. Any unused part of a trial ends when you buy a subscription.
- You can manage and cancel subscriptions in your device's Settings › your name › Subscriptions. Deleting the app does not cancel a subscription.
- Purchases and refunds are handled by Apple under its terms. To ask for a refund, use reportaproblem.apple.com. Nothing in these terms limits rights you have under consumer law where you live.
- Use "Restore purchases" in the app to restore a plan on a new device signed in to the same Apple Account.
5. Your data
Your travel record, documents and household information are stored on your device. We do not run servers that receive them. You are responsible for keeping your own exports and backups. How the app handles data is explained in our Privacy Policy.
If you add other people to a household, you confirm that you have their permission to record and process their travel information on your device.
6. Acceptable use
Use Midnightly lawfully. Do not use it to track someone without their knowledge or consent. Do not create or alter records to mislead a tax authority, border official or adviser, and do not reverse-engineer, resell or misuse the app except as the law allows.
7. Accuracy and changes to rules
We work to keep rules correct. The rules engine is tested against published official examples, and each rule shows its source and the date it was checked. Laws and official guidance change, though, and we cannot promise that every rule is complete or current for your situation. We may update, add or remove rules and features.
8. Liability
To the extent the law allows, Midnightly is provided "as is". We are not liable for indirect or consequential loss, or for tax, penalties, immigration outcomes or other decisions you make based on the app. Our total liability to you for any claim is limited to the amount you paid for the app in the twelve months before the claim. Nothing in these terms excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence, or for fraud.
9. Changes to these terms
We may update these terms, for example when we add features or the law changes. We will post the new version here with a new date. Material changes will also be noted in the app's release notes. If you keep using Midnightly after a change, the new terms apply.
10. Law
These terms are governed by the law of Ireland. This does not take away the protection of mandatory consumer law in the country where you live, or your right to bring a claim there.