Terms of Use and Disclaimer

1. Acceptance of Terms

By using the Service, you confirm that you are at least 13 years old and have the legal capacity to enter into a binding agreement in your jurisdiction. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Your continued use of the Service after we post changes to these Terms constitutes your acceptance of those changes. We will notify you in-app when changes are material.

2. Satire, Parody, and Fictional Content

THIS IS A SATIRE AND PARODY PUBLICATION. ALL CONTENT IS FICTIONAL.

Being Canadian is a satirical and comedic publication. All briefings, stories, operative-persona content, translations, games, and editorial commentary published through the Service are works of satire, parody, and creative fiction. They are not factual reporting, journalism, news, or official commentary of any kind.

All content is fictional. All articles, briefings, and other satirical content published through the Service, however similar they may appear to real events, are entirely fictitious. They are not intended to be understood as factual accounts.

Public figures and named entities.When public figures, government bodies, political parties, businesses, brands, or other real entities are mentioned or depicted by name within the Service's satirical content, the corresponding story details, quotes, statements, and scenarios associated with them are entirely invented for satirical and comedic purposes. Such content does not represent actual statements, actions, or positions of those individuals or entities, and should not be understood as statements of fact.

Coincidental resemblance. In all other cases, any resemblance to actual persons, businesses, events, or locales is entirely coincidental.

No affiliation or endorsement. We are not affiliated with, endorsed by, or sponsored by any government, political party, Crown corporation, intelligence agency, law enforcement agency, broadcaster, news organization, brand, public figure, or any other organization that may be referenced or depicted within the Service. Our use of any name, likeness, or reference is for satirical, parodic, and comedic purposes only.

Not a news source. Being Canadian is not a news organization and does not publish factual news. Content that resembles a news format, headline, or briefing is part of the satirical presentation. Do not rely on any content in the Service as factual reporting.

If you believe a specific piece of content causes harm or crosses a line, please contact us. We take content concerns seriously and will review them promptly.

3. Not Professional Advice

READ THIS SECTION CAREFULLY. IT APPLIES TO ALL RESIDENCY, TAX, IMMIGRATION, AND FINANCIAL CONTENT IN THE SERVICE.

The Service includes tools and content related to cross-border residency and taxation, including but not limited to: a day-counter, the IRS Substantial Presence Test calculator, snowbird day-tracking tools, and articles or explainers on US and Canadian residency rules, tax obligations, and immigration considerations (collectively, "Informational Content").

General information only. The Informational Content is provided for general informational and entertainment purposes only. It is not legal advice, tax advice, financial advice, accounting advice, immigration advice, or any other form of professional advice. Nothing in the Service creates or should be construed to create a professional, fiduciary, advisory, or attorney-client relationship between you and us.

Calculators and tools. Any calculator, day-counter, tracker, or interactive tool within the Service is provided for informational and illustrative purposes only. Tool outputs are estimates only. They do not constitute tax or legal advice and should not be relied on as such. While we make reasonable efforts to keep tools current, we do not warrant that any calculation is accurate, complete, or up to date at the time you use it.

Laws and regulations change. Laws and regulations governing residency, taxation, and immigration change frequently and vary significantly by jurisdiction, including by individual US state and Canadian province. The IRS rules, Canada Revenue Agency rules, and provincial or state-level rules may change after content is published, and our tools and articles may not reflect those changes in real time. The Informational Content may be incomplete, inaccurate, outdated, or inapplicable to your specific situation.

Consult a qualified professional. You should not make any legal, tax, financial, or immigration decision based solely or primarily on anything you read or calculate within the Service. Before taking any such action, consult a qualified cross-border professional authorized to practice in the relevant US states and Canadian provinces, such as a licensed accountant, CPA, tax attorney, immigration attorney, or financial advisor. No information in the Service is a substitute for such advice.

Your responsibility. Your use of any Informational Content or tool in the Service is entirely at your own risk. You are solely responsible for any decisions you make or actions you take based on information obtained through the Service.

We are not liable, in contract, tort, or otherwise, for any loss, damage, or expense arising out of or in connection with your reliance on any Informational Content in the Service. This limitation applies to the maximum extent permitted by the law of your jurisdiction. Mandatory consumer-protection rights that cannot be waived under applicable US state or Canadian provincial law are not affected by this limitation.

4. User Content and the Safehouses Map

The Service may allow you to post, upload, or submit content, including location pins and notes on the Safehouses map (collectively, "User Content"). By submitting User Content that includes location data, you represent that you have the right to share that location data and that doing so does not violate any applicable law or the privacy rights of any third party.

Your responsibility. You are solely responsible for all User Content you submit. By submitting User Content, you represent and warrant that: (a) you have all rights necessary to submit it; (b) it does not infringe the intellectual property, privacy, or other rights of any third party; (c) it does not contain private or personally identifiable information about any other person without their express consent; and (d) it complies with these Terms and all applicable law in both the United States and Canada.

License to display. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, display, and distribute that User Content solely in connection with operating and improving the Service. You retain ownership of your User Content, subject to this license.

Prohibited content. You may not submit User Content that:

• is unlawful, threatening, harassing, defamatory, or discriminatory on the basis of race, gender, religion, national origin, disability, or other protected characteristic;
• infringes any intellectual property right or other proprietary right of any person;
• contains private or personally identifiable information about any third party without their express consent;
• is false, misleading, or fraudulent, or designed to deceive other users about the location or nature of a safehouse;
• constitutes spam, unsolicited commercial messages, or deceptive content;
• violates any applicable local, state, provincial, federal, or international law or regulation in the United States or Canada.

Moderation and removal. We reserve the right, but have no obligation, to review, moderate, hide, or remove any User Content at any time, for any reason, without notice or liability to you. We provide a report-and-block system for users to flag content that violates these Terms. To report content or request removal for abuse, email BeingCanadianSupport@muskoka37.ca.

No liability for User Content. We do not endorse and are not responsible or liable for any User Content submitted by you or any other user. You acknowledge that by using the Service you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuitable. We expressly disclaim any liability for harm arising from your exposure to or reliance on User Content posted by others.

5. Subscriptions and Billing

The Service offers a paid subscription called Full Citizen, which provides access to premium features including the Snowbird Calculator and other Full Citizen content.

Price and trial. Full Citizen is an auto-renewable annual subscription priced at $79.00 per year in both USD and CAD, depending on your local App Store. A 7-day free trial is available to new subscribers. The trial converts automatically to a paid subscription unless you cancel before the trial ends. No charges are made during the free trial period.

Billing and management. Subscriptions are offered through the Apple App Store, the Google Play Store, and our website. App store billing, payment processing, and subscription management (including cancellation, refunds, and renewal) are handled by Apple or Google, as applicable, according to their respective policies. We do not process app store payments directly and cannot issue those refunds. To manage or cancel an app store subscription:

• iOS: Settings → Your Name → Subscriptions → Being Canadian.
• Android: Google Play → Account → Payments and Subscriptions → Subscriptions → Being Canadian.

Web purchases. Subscriptions purchased on our website are processed by Paddle.com, which acts as merchant of record: Paddle is the legal seller on your receipt and handles payment, applicable sales tax, billing, and refunds for web orders. Manage or cancel a web subscription through the link in your Paddle receipt email, or contact us and we will coordinate with Paddle. Refunds for web purchases follow our Refund Policy and Paddle's buyer terms.

Auto-renewal. Your subscription automatically renews at the then-current price at the end of each annual period unless you cancel at least 24 hours before the renewal date. You authorize Apple or Google to charge the renewal price to your payment method on file. Renewal charges will occur within 24 hours before the end of the current period.

Cancellation and refunds.Cancellation takes effect at the end of the current billing period; you retain access to Full Citizen content through the end of the period you have paid for. Refunds for app store purchases, if any, are governed by Apple's or Google's refund policies, which vary by jurisdiction. Refunds for web purchases follow our Refund Policy. We encourage you to review those policies before subscribing.

Price changes. We may change the subscription price with advance notice. Continued use of Full Citizen after a price change takes effect constitutes your acceptance of the new price.

6. Changes to the App and Content

Being Canadian is an evolving product. We may add, change, improve, or remove features, tools, and content at any time, including the briefings, trivia, comparisons, the Translator, and other operative tools.

Your subscription gives you access to the service as it exists from time to time. It does not entitle you to any specific feature, story, or tool on a permanent basis. We will continue to deliver the core daily briefing experience to active subscribers.

If we make a change that materially reduces the core value of a paid subscription, you can cancel at any time through your app store account, and your app store's standard cancellation and refund terms apply.

Nothing in this section limits any rights you have under applicable consumer protection law, including in Quebec and other Canadian provinces.

7. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation in the United States or Canada;
• attempt to gain unauthorized access to any part of the Service or its underlying systems;
• scrape, crawl, or harvest content from the Service without our written consent;
• use automated tools or bots to interact with the Service in a manner not expressly permitted;
• reverse engineer, decompile, or disassemble any portion of the Service;
• interfere with or disrupt the integrity or performance of the Service or its infrastructure;
• impersonate any person or entity or falsely represent your affiliation with any person or entity;
• post or transmit malware, viruses, or any other harmful or destructive code;
• use the Service to defame, harass, or threaten any individual or group.

8. Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, design, code, and all associated intellectual property, is owned by or licensed to us and is protected by copyright, trademark, and other applicable laws in the United States and Canada.

"Being Canadian," the Being Canadian logo, and related marks are our trademarks or pending trademark applications in the United States and Canada. Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or other brand identifiers without our prior written consent.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any portion of the Service without our prior written permission, except as expressly permitted under applicable law (including fair use and fair dealing rights under US and Canadian copyright law, respectively).

9. Disclaimer of Warranties and Limitation of Liability

Disclaimer of warranties.THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY DEFECT WILL BE CORRECTED; (C) ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, OR UP TO DATE; OR (D) THE SERVICE OR ANY SERVER THAT MAKES IT AVAILABLE IS FREE OF HARMFUL COMPONENTS.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY CONTENT IN THE SERVICE, INCLUDING SATIRICAL CONTENT, INFORMATIONAL CONTENT, OR USER CONTENT; (C) ANY OUTPUT OF ANY CALCULATOR OR TOOL IN THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD OR $100 CAD, DEPENDING ON YOUR JURISDICTION).

Essential basis of the bargain. You acknowledge that we have set our prices and entered into these Terms in reliance on the warranty disclaimers and limitations of liability set out in this section, and that they form an essential basis of the bargain between you and us. They will apply even if any remedy fails of its essential purpose.

Mandatory consumer rights. Some US states and Canadian provinces do not permit the exclusion of implied warranties or the limitation of certain damages. Mandatory consumer-protection rights that cannot be waived under the law of your home US state or Canadian province of residence are not affected by the disclaimers and limitations above. The disclaimers and limitations apply only to the maximum extent permitted by your applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Service; (b) any User Content you submit; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) any claim that your User Content caused damage to a third party.

We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense at your own expense.

11. Governing Law and Disputes

Governing law. Subject to the mandatory consumer-protection laws of your home US state or Canadian province (which take precedence where required), these Terms are governed by the laws of the State of Nevada, USA, without regard to its conflict-of-law rules.

Mandatory consumer rights preserved. Nothing in this section limits or overrides any mandatory right you hold as a consumer under the law of your home jurisdiction, including but not limited to: rights under the Consumer Protection Act (Canada or applicable province), the Quebec Consumer Protection Act (Loi sur la protection du consommateur), US state consumer protection statutes, or the Magnuson-Moss Warranty Act.

Informal resolution. Before initiating any formal legal proceeding, you agree to contact us at BeingCanadianSupport@muskoka37.ca and give us 30 days to attempt to resolve the dispute informally. Both parties agree to negotiate in good faith during this period.

Disputes. For any dispute not resolved informally, you and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, USA, except where your applicable consumer-protection law mandates a different venue.

Canadian users. Residents of Canadian provinces retain the right to bring claims before the applicable provincial courts or administrative tribunals for matters governed by Canadian consumer-protection law, including Quebec residents who retain rights under the Consumer Protection Act (Quebec). Ontario residents retain rights under the Consumer Protection Act (Ontario).

12. Changes to These Terms

We may update these Terms at any time. When we do, we will update the "Last updated" date above and notify you in-app when the changes are material. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance.

13. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

14. Contact

Questions about these Terms? Email us at BeingCanadianSupport@muskoka37.ca.

Response time: usually within 48 hours.