Terms of Service

Last updated: 28 June 2026

These Terms of Service ("Terms") govern your use of the "down" mobile application (the "App"), operated by Ascent Co Pty Ltd ("Company", "we", "us"). By accessing or using the App, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the App.

01Nature of the Service

The App is a tool that allows users to:

  • Coordinate availability with friends.
  • Create groups and organise plans.
  • Send invites, track RSVPs, and chat within groups.

The App does not guarantee:

  • The accuracy of any user-submitted information.
  • Successful scheduling or plan outcomes.
  • Attendance at events.

02Use of the App

You must be at least 13 years old to use down. A valid phone number is required to create an account.

You agree to use the App:

  • Lawfully and in compliance with all applicable laws.
  • In good faith toward other users.
  • Without interfering with other users or the App's systems.

You agree not to:

  • Spam or send unsolicited messages to other users.
  • Harass, threaten, bully, or impersonate anyone.
  • Scrape or extract data from the App using automated means without our permission.
  • Use the App for any illegal purpose.
  • Attempt to gain unauthorised access to other accounts or compromise the App's security.

03User Content

You may submit availability data, group details, event information, messages, and other content through the App. You retain ownership of your content.

By submitting content, you grant the Company a non-exclusive, worldwide licence to use, store, and display your content solely for the purpose of operating the App. We do not claim ownership of your content and will not use it outside of providing the service. This licence ends when you delete your content or account.

Please do not post content that is illegal, harmful, abusive, defamatory, or that infringes another person's intellectual property rights.

04No Reliance

You acknowledge that:

Any decisions made based on information in the App are at your own risk.

The Company is not responsible for scheduling conflicts, inaccurate availability, missed events, or any outcomes arising from your use of the App.

05Third-Party Services

The App may integrate with third-party services including Apple Calendar. We are not responsible for:

  • The availability or reliability of third-party services.
  • The accuracy of data provided by those services.

Your use of any third-party service is subject to that service's own terms and policies.

06Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided on an "as is" and "as available" basis. We make no guarantees regarding:

  • Reliability or uninterrupted availability.
  • Accuracy or completeness of information.
  • Fitness for any particular purpose.

All implied warranties, including merchantability and non-infringement, are disclaimed to the fullest extent permitted by law.

07Limitation of Liability

To the maximum extent permitted by law, the Company is not liable for:

  • Indirect or consequential loss.
  • Loss of data.
  • Loss of opportunity.
  • Missed events or scheduling issues.

Our total liability (if any) is limited to:

The amount paid by you (if any) to use the App.

08Indemnity

You agree to indemnify and hold harmless the Company and its officers, employees, and agents from any claims, damages, or expenses (including legal costs) arising from:

  • Your use of the App.
  • Your breach of these Terms.
  • Your content or your conduct toward other users.

09Termination

We may suspend or terminate your access to the App if you breach these Terms or misuse the App, at our discretion and without prior notice.

You can delete your account at any time from within the App. Some content you have shared — such as messages in a group chat — may remain visible to other participants in an anonymised form after deletion.

10Changes to These Terms

We may update these Terms at any time. If we make material changes, we will notify you through an in-app notification before the changes take effect. Continued use of the App after that notification constitutes acceptance of the updated Terms.

11Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the App will be subject to the exclusive jurisdiction of the courts of New South Wales.

12Contact

Questions about these Terms? Email us at [email protected].