Effective date: July 6, 2026
These Terms of Service (“Terms”) govern your access to and use of the Fairlyd mobile application and website (collectively, the “Service”), operated by Fairlyd (“we”, “us”, or “our”). In these Terms, “including” means “including but not limited to,” and section headings are for convenience only and have no legal effect.
By accessing, downloading, installing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Your use of the Service constitutes a valid electronic acceptance of these Terms, equivalent to a written signature. If you do not agree with any part of these Terms, you must immediately stop using the Service and delete your account. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
Fairlyd is an expense-splitting and balance-tracking tool. The Service allows users to create groups, add participants, record shared expenses and payments, and calculate balances between group members. Fairlyd supports multiple currencies using exchange rates sourced from third-party providers.
Fairlyd is a record-keeping convenience tool only. Fairlyd is not a financial institution, payment processor, money transmitter, bank, accounting service, financial advisor, tax advisor, or legal advisor. The Service does not process, facilitate, or execute actual financial transactions or money transfers of any kind. All calculations, balances, and settlement amounts are informal, non-binding records intended solely as a convenience.
Informal records only. All expenses, balances, debts, IOUs, settlement amounts, and payment records created or displayed within the Service are informal records only. They do not constitute legally binding contracts, enforceable debts, promissory notes, invoices, receipts, or proof of payment. Fairlyd does not create, establish, verify, or enforce any financial obligation between users. Any financial arrangements between users are solely between those users and exist independently of the Service.
Platform as intermediary. Fairlyd is a neutral platform that facilitates expense tracking and calculation. Fairlyd is not a party to any financial obligation, debt, agreement, or arrangement between users. The Service does not mediate, arbitrate, enforce, collect, or otherwise intervene in any transactions or disputes between users. Users interact with each other at their own risk.
You must be at least 13 years of age (or the applicable minimum age in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
You may create an account using your email address, or by signing in with Google or Apple. You may also use the Service as a guest without creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Fairlyd shall not be liable for any loss or damage arising from your failure to protect your account credentials.
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Fairlyd reserves the right to suspend or terminate any account that uses false or misleading information.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including without limitation suspending or terminating the offender’s account and reporting them to law enforcement authorities.
You retain ownership of all data, content, and information you enter into the Service (“User Content”), including group names, participant names, expense descriptions, amounts, and payment records. By using the Service, you grant Fairlyd a limited, non-exclusive, worldwide license to use, store, process, and display your User Content solely as necessary to provide and operate the Service.
You are solely responsible for all User Content you enter into the Service. You represent and warrant that your User Content does not violate any applicable law or infringe upon the rights of any third party. Fairlyd does not monitor, review, or verify User Content and assumes no responsibility for its accuracy, completeness, or legality.
When you create or join a group, other members of that group can view the group’s expense data, payment records, balances, and participant information. You acknowledge that sharing data within a group is a core function of the Service and that Fairlyd is not responsible for how other group members use, share, or disclose information visible to them within a group.
You are solely responsible for deciding whom to invite to your groups and what information to enter. Fairlyd does not mediate, arbitrate, or intervene in any disputes between group members regarding expenses, payments, settlements, or any other matter.
The Service allows group creators to generate invite links, invite codes, and QR codes that enable others to join a group. You are solely responsible for managing and distributing invite links for your groups. Fairlyd is not responsible for unauthorized access to a group resulting from shared, leaked, or intercepted invite links, codes, or QR codes. You should treat invite links with the same care as passwords and revoke or regenerate them if you suspect unauthorized distribution.
The Service includes features to finalize group balances (“settle up”), record that payments have been made (“mark as paid”), send payment reminders to group members, and reopen previously settled groups. These features are record-keeping tools only.
“Marking as paid” within the Service is a record of your claim that a payment was made outside of Fairlyd. It does not constitute proof of payment, a receipt, a financial transaction, or a legally binding acknowledgment by any party. Fairlyd does not verify, validate, or guarantee that any payment was actually made.
Payment reminders are user-initiated notifications. You are solely responsible for your use of the reminder feature. Fairlyd is not responsible for any disputes, harassment claims, or conflicts arising from the use of payment reminders. Reopening a previously settled group may change settlement amounts, and Fairlyd is not responsible for any confusion, disputes, or financial consequences resulting from reopening or re-finalizing a group.
The user who creates a group is designated as the group owner. Group owners may transfer ownership to another group member before leaving the group. Group owners are solely responsible for managing their groups, including controlling membership, reviewing expense entries, and initiating settlement. Fairlyd does not supervise, moderate, or verify the actions of group owners or members.
Fairlyd does not provide content moderation, reporting, blocking, or dispute resolution features. You acknowledge that Fairlyd has no obligation to monitor, review, or intervene in any user interactions, disputes, or content within groups. All interactions between group members are solely between those members.
The Service allows you to export expense data as PDF reports or CSV files. These exports are generated on your device and are provided as a convenience only. Fairlyd does not guarantee the accuracy, completeness, or suitability of exported data for any purpose, including tax, accounting, legal, or financial purposes. You are solely responsible for verifying the accuracy of any exported data before relying on it.
The Service may store data locally on your device to enable offline functionality. On supported platforms, data created or modified while offline will be synchronized with our servers when connectivity is restored. On some platforms (currently iOS), creating or modifying certain data requires an active internet connection and is not queued while offline. Fairlyd does not guarantee the successful synchronization of offline data, and data conflicts, loss, or inconsistencies may occur. You are solely responsible for verifying that your data has been properly synchronized.
You may use certain features of the Service without creating an account by signing in as a guest. Guest accounts may have limited functionality compared to full accounts. You may upgrade a guest account to a full account at any time by linking an email address or signing in with Google or Apple. If you do not upgrade your guest account and sign out or lose access to your device, your guest data may be permanently lost. Fairlyd is not responsible for any data loss associated with guest accounts.
All calculations, balances, exchange rates, settlement amounts, and related figures provided by the Service are provided on an “as is” basis and are intended as informal, non-binding records only. We do not guarantee the accuracy, completeness, timeliness, or reliability of any calculation, balance, or currency conversion rate displayed within the Service.
Exchange rates are sourced from third-party providers (Frankfurter API) and may not reflect real-time market rates. Rounding differences, network delays, and other factors may cause discrepancies. You are solely responsible for verifying the accuracy of all amounts, calculations, and balances before taking any action based on them.
Nothing in the Service constitutes financial, legal, tax, accounting, or other professional advice. You should not rely on the Service as a substitute for professional financial, legal, or tax counsel. Any financial decisions made based on information from the Service are made at your own risk and discretion. You are solely responsible for complying with all applicable laws, regulations, and tax obligations in your jurisdiction in connection with your use of the Service.
Your use of the Service does not create any fiduciary, advisory, agency, partnership, joint venture, employment, or professional relationship between you and Fairlyd. Fairlyd owes no duty of care to you beyond what is expressly stated in these Terms and our Privacy Policy. Fairlyd does not act as your agent, financial advisor, accountant, tax advisor, mediator, or legal representative in any capacity.
The Service and all of its content, features, functionality, design, code, graphics, logos, and trademarks are owned by Fairlyd and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any part thereof without our prior written consent.
The Service relies on third-party services including Google Firebase (for authentication, database, notifications, analytics, crash reporting, and security) and Frankfurter API (for exchange rates). Your use of the Service is also subject to the terms and privacy policies of these third-party providers.
We do not control, endorse, or assume any responsibility for the practices, policies, availability, or services of any third-party provider. Fairlyd shall not be liable for any acts, omissions, errors, data breaches, outages, downtime, data loss, or any other issues arising from or related to any third-party service.
Fairlyd reserves the right to modify, update, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice, for any reason. This includes adding or removing features, changing calculation methods, updating interfaces, modifying data storage practices, or responding to legal, security, or technical requirements. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Any new features, tools, or functionality added to the Service, including beta or experimental features, shall be subject to these Terms. Beta or experimental features are provided without any warranties or guarantees of continued availability, accuracy, or performance, and may be modified or removed at any time without notice.
We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to: violations of these Terms, fraudulent or illegal activity, prolonged inactivity, or discontinuation of the Service.
You may terminate your account at any time by using the account deletion feature in the Settings page. Upon termination, your right to use the Service immediately ceases. Expense and payment records within groups you participated in may be retained in anonymized form, as other group members rely on this data for their balance records.
The following sections shall survive any termination: Accuracy Disclaimer, Settlement and Payment Tracking, Export and Reports, No Financial Advice, No Professional Relationship, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, User Responsibility and Assumption of Risk, Release of Claims, Force Majeure, Governing Law, Dispute Resolution, Severability, and Entire Agreement. All accrued rights, obligations, and liabilities shall also survive termination.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.
FAIRLYD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAIRLYD DOES NOT WARRANT THAT ANY CALCULATIONS, BALANCES, EXCHANGE RATES, OR OTHER INFORMATION PROVIDED BY THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT. FAIRLYD DOES NOT WARRANT THAT ANY DATA STORED WITHIN THE SERVICE WILL BE PRESERVED, BACKED UP, OR AVAILABLE AT ANY TIME.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FAIRLYD OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRLYD, INCLUDING ITS OWNERS, OPERATORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
IN NO EVENT SHALL FAIRLYD’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FAIRLYD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100.00). IF YOU HAVE NOT PAID ANY FEES, FAIRLYD’S MAXIMUM LIABILITY SHALL BE ONE HUNDRED US DOLLARS (USD $100.00).
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF FAIRLYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Fairlyd, its owners, operators, affiliates, licensors, and service providers from and against any and all claims, demands, damages, losses, costs, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or in connection with: your use of the Service; your violation of these Terms; your User Content; your violation of any applicable law or regulation; any dispute between you and another user; any reliance on calculations, balances, or information provided by the Service; or any claim that your use of the Service caused damage to a third party.
By using the Service, you acknowledge and agree that:
Voluntary use and assumption of all risk. You acknowledge and agree that your use of the Service is entirely voluntary and at your sole risk. You assume full and complete responsibility for any and all risks, losses, damages, costs, and consequences arising from or related to your use of the Service, whether known or unknown, foreseen or unforeseen, including but not limited to: financial losses of any amount; inaccurate calculations, balances, exchange rates, or settlement amounts; disputes with other users; data loss, corruption, or unavailability; unauthorized access to your account or data; reliance on any information, report, or export generated by the Service; and any other consequence of using the Service.
Release of claims. To the maximum extent permitted by applicable law, you hereby release, waive, and forever discharge Fairlyd, its owners, operators, directors, officers, employees, agents, affiliates, successors, assigns, licensors, and service providers (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, suits, damages, losses, debts, liabilities, costs, expenses (including attorneys’ fees), and obligations of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your use of or inability to use the Service.
Waiver of unknown claims. You expressly waive and relinquish any and all rights and benefits you may have under California Civil Code Section 1542 (or any analogous statute or common law principle in any other jurisdiction), which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You understand and acknowledge that this waiver means you are giving up the right to bring future claims against the Released Parties even for matters you are not currently aware of.
Covenant not to sue. You covenant and agree that you will not, directly or indirectly, bring, join, or participate in any lawsuit, action, proceeding, or claim against any of the Released Parties arising out of or relating to your use of the Service, except as expressly permitted by the Dispute Resolution and Arbitration section of these Terms. This covenant not to sue is intended to be as broad as permitted by applicable law.
Acknowledgment of adequacy. You acknowledge that the Service is provided free of charge and that the limitations and waivers contained in these Terms, including the limitation of liability, are fair, reasonable, and an essential basis of the agreement between you and Fairlyd. You acknowledge that Fairlyd would not provide the Service without these limitations and waivers.
Fairlyd shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of government, war, terrorism, internet or telecommunications failures, power outages, cyberattacks, third-party service provider failures or outages, pandemics, epidemics, civil unrest, labor disputes, or any other force majeure event.
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without regard to conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service that is not subject to arbitration under the Dispute Resolution section shall be brought exclusively in the state and federal courts located in Connecticut, and you consent to the personal jurisdiction of such courts.
Informal resolution first. In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use thereof (“Dispute”), you agree to first attempt to resolve the Dispute informally by contacting us at the email address provided below with a written description of the Dispute, all relevant facts, and the relief you seek. Both parties agree to negotiate in good faith for at least sixty (60) days from the date such notice is received before initiating formal proceedings. The statute of limitations and any filing fee deadlines shall be tolled during this informal resolution period.
Binding arbitration. If the Dispute cannot be resolved informally within sixty (60) days, either party may initiate binding arbitration. Any Dispute shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim falls within that court’s jurisdiction. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect (available at www.adr.org), before a single arbitrator. Unless you and Fairlyd agree otherwise, any arbitration hearing shall be conducted by videoconference or, where the AAA rules allow, decided on the basis of written submissions; if an in-person hearing is required, it shall take place in Connecticut or such other location as the AAA Consumer Arbitration Rules require. Payment of filing, administration, and arbitrator fees shall be governed by the AAA’s rules. If the AAA is unavailable or unwilling to administer the arbitration, the parties shall select a comparable arbitration provider, or failing agreement, a court of competent jurisdiction shall appoint one.
Class action and jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FAIRLYD EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND FAIRLYD EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Unless both you and Fairlyd agree otherwise, the arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of consolidated, representative, or class proceeding.
Mass arbitration. If fifty (50) or more similar arbitration demands are filed against Fairlyd within a sixty (60) day period (“Mass Arbitration”), the parties agree that: (a) a random selection of ten (10) cases shall be designated as bellwether cases and arbitrated individually first; (b) all other cases shall be stayed pending resolution of the bellwether cases; and (c) the results of the bellwether cases shall be used as a basis for good-faith mediation of the remaining cases. If mediation does not resolve the remaining cases within ninety (90) days after the bellwether results, the remaining cases may proceed individually. Fairlyd reserves the right to elect court proceedings in lieu of arbitration in the event of Mass Arbitration.
Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@fairlyd.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you may pursue disputes in court subject to the Governing Law section, but the class action and jury trial waivers shall still apply to the maximum extent permitted by law.
Small claims court. Either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court, without first engaging in arbitration.
We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Changes may be made for any reason, including changes in applicable law, changes to our practices, addition of new features, or business operational needs. For material changes, we will make reasonable efforts to provide at least thirty (30) days’ notice before the updated Terms take effect, through the app, by email, or by posting the updated Terms on our website with a revised effective date. We are not obligated to provide individual notice for non-material changes. It is your responsibility to review these Terms periodically. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Service before the changes take effect. The “Effective date” at the top of this page indicates when these Terms were last updated.
By using the Service, you consent to receiving electronic communications from Fairlyd, including service-related announcements, security alerts, administrative messages, and updates about changes to our policies or Terms. These communications are part of the Service and you may not opt out of service-related communications while maintaining an active account.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
The failure of Fairlyd to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by Fairlyd.
Fairlyd may assign, transfer, or delegate its rights and obligations under these Terms to any third party at any time without notice or your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Fairlyd.
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These include the right to know what personal information we collect and how it is used, the right to request deletion of your personal information, the right to correct inaccurate personal information, and the right to opt out of the sale or sharing of your personal information. We do not sell or share your personal information as defined under the CCPA/CPRA. We do not use or disclose sensitive personal information for purposes other than those permitted under the CCPA/CPRA. You have the right to not be discriminated against for exercising your privacy rights. To exercise any of these rights, contact us at the email address below. Any provision of these Terms that purports to waive your CCPA/CPRA rights is void and unenforceable.
In the event of a data breach that compromises your personal information, we will notify affected users in accordance with applicable data breach notification laws. Notification will be provided through the contact information associated with your account, or through other means as required by applicable law, within the timeframes mandated by applicable federal, state, or international law.
If you access or download the Service from the Apple App Store or Google Play Store, the following additional terms apply:
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fairlyd regarding your use of the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
If you have any questions about these Terms, please contact us:
Fairlyd
Email: legal@fairlyd.com