Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Bacupnote (“Bacupnote”, “we”, “us”), operated from Malaysia. They apply to the Bacupnote website at bacupnote.com and to the Bacupnote mobile applications for iOS and Android (together, the “Service”). By creating an account or using the Service you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service.

1. What Bacupnote is (and is not)

Bacupnote is a prepared-message tool. You write a backup note, choose trusted recipients, and set a check-in schedule. If you miss your selected check-ins, Bacupnote attempts to send your prepared message to the recipients you selected.

Bacupnote is not an emergency service. It does not contact police, hospitals, embassies, or rescue services. It does not monitor your safety, confirm your health, location, or life status, and it does not dispatch help of any kind. If you or someone else is in danger, contact local emergency services directly. You must not rely on Bacupnote as a substitute for emergency assistance of any kind.

2. No guarantee of delivery

We work to deliver prepared messages reliably, but delivery depends on third-party networks (email, WhatsApp, push notifications, and similar channels) that we do not control, and on the accuracy of the contact details you provide. Bacupnote therefore provides delivery attempts, not guaranteed delivery. The Service shows you a log of every attempt so you can see what was sent, when, and whether it succeeded. You should not rely on Bacupnote as your only way of reaching the people you trust in an important situation.

3. Eligibility and your account

• You must be at least 18 years old, or the age of majority where you live.
• You must provide accurate account information and keep your sign-in credentials secure. If you sign in with Google or Apple, keeping that provider account secure is your responsibility.
• Your account is personal to you. Do not share it or use another person’s account.
• You are responsible for everything that happens under your account, for keeping your check-in schedule realistic, and for completing your check-ins. A missed check-in triggers the escalation you configured — including delivery of your prepared message.

4. Trusted recipients and your content

• You confirm that you have each trusted recipient’s permission to give us their name and contact details, and that they are willing to receive messages from Bacupnote on your behalf. We send each recipient a verification email so they can confirm — or decline — that role.
• Your prepared messages and other content remain yours. You grant us the limited licence needed to store, process, and transmit that content solely to operate the Service. We claim no other rights over it.
• Your content and messages must not contain unlawful, harassing, defamatory, or harmful material. You are responsible for what your prepared message says and for any claims that arise from its contents or from the recipient details you provide.

5. The mobile apps

The Bacupnote apps are distributed through the Apple App Store and Google Play, whose own terms also apply to your download and use of the apps. The apps use your device’s notification permission (if you grant it) to deliver check-in reminders. Purchases and subscription management are handled on the Bacupnote website, not inside the apps. Apple and Google are not parties to these Terms and have no responsibility for the Service.

6. Memberships and one-time purchases

• Free membership — one backup note, always. We never withhold your prepared message, check-ins, or an existing active plan because of billing status.
• Trip Pass — a one-time purchase covering a single trip window. It is not a subscription: nothing renews and there is nothing to cancel. It expires on its own at the end of its validity period.
• Frequent Traveller membership — a paid subscription billed monthly or yearly. It renews automatically until cancelled. You can cancel anytime from the membership page; you keep member benefits until the end of the period you paid for. Paid membership only unlocks higher limits and additional reminder channels — it never changes whether your core backup note works.
• Payment is processed on our website by our payment provider (Stripe). We do not store your card details. Prices, taxes where applicable, and the billing period are shown before checkout.
• If we change prices, existing subscriptions are only affected from their next renewal, and we will give you notice before that happens.

7. Refunds

All purchases are final and non-refundable. When you buy a Trip Pass or a Frequent Traveller membership, the payment for that period is not refunded — in full or pro-rata — including when you stop using the service or cancel part-way through.

In return, you always keep what you paid for: your paid features stay active for the entire period you purchased. A cancelled membership keeps full member benefits until the end of the current billing period and simply does not renew; a Trip Pass keeps working until its own expiry date. Cancelling never cuts off access you have already paid for.

This policy does not apply to billing errors. If you were charged and received nothing, or were charged twice for the same purchase, contact us and we will correct it. Statutory refund rights in your country are not affected by anything in this section.

8. Acceptable use

You may not use Bacupnote to send unlawful, threatening, or harassing content; to spam or message people who have not agreed to be your recipients; to impersonate others; to interfere with, probe, or disrupt the Service or its security; to access another user’s data; or to resell the Service. We may suspend or terminate accounts that violate this section, and where the violation is serious we may do so immediately and without notice.

9. Intellectual property

The Service — including its software, design, name, and logo — belongs to Bacupnote and its licensors. We grant you a personal, non-exclusive, non-transferable licence to use the Service under these Terms. You may not copy, modify, reverse-engineer, or create derivative works from the Service except where the law permits it despite this clause.

10. Suspension, termination, and account deletion

• You can stop using the Service and delete your account at any time from settings. Deletion removes your plans, prepared messages, and recipient details as described in the Privacy Policy, and cancels any active subscription so you are not billed again.
• We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or if the account is used in a way that puts other people or the Service at risk. Where reasonable, we will warn you first.
• If we ever discontinue the Service, we will give you reasonable notice so your notes are not cut off silently.

11. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose. In particular, we do not warrant that reminders or prepared messages will be delivered, read, or acted on, or that the Service will be uninterrupted or error-free. Nothing in these Terms excludes guarantees that applicable consumer law does not allow to be excluded.

12. Limitation of liability

To the maximum extent permitted by law, our total liability for all claims arising from or relating to the Service is limited to the amount you paid us in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, or for the consequences of missed, delayed, or undelivered messages, since delivery depends on networks outside our control and on the accuracy of the information you provide. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud.

13. Changes to these Terms

We may update these Terms as the Service evolves. If we make material changes we will notify you by email or in the app before they take effect, and the “Effective date” above will change. Continuing to use the Service after the effective date means you accept the updated Terms; if you do not, delete your account before the changes take effect.

14. Governing law

These Terms are governed by the laws of Malaysia, and disputes are subject to the jurisdiction of the Malaysian courts. If you use the Service as a consumer in another country, this does not deprive you of protections granted by the mandatory consumer laws of that country.

15. Contact

Questions about these Terms: [email protected].