These Terms of Service ("Terms") are a binding agreement between you and Breakfast Ball LLC d/b/a Southbound, a Florida limited liability company ("Southbound," "we," "us"), governing your use of the Southbound: Florida Days mobile application, getsouthbound.com, and related services (together, the "Service"). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. What Southbound is — and is not
Southbound is a record-keeping tool. It uses your device's location services to help you maintain a personal log of days you spend in and outside Florida, and it can generate reports and exports of that log.
Southbound records the location of the device it is installed on. By using the app you represent that the device is your own, carried on your person, and used by you alone. Reports generated by the app document device location and are provided as a record to support your own account; they are not a determination of residency. Sharing a device or an Apple ID with another person invalidates the record.
SOUTHBOUND IS NOT TAX, LEGAL, OR ACCOUNTING ADVICE. The Service does not determine, and cannot determine, your tax residency or domicile. State residency determinations depend on many factors beyond day counts, are made by taxing authorities and courts, and frequently turn on facts the Service does not and cannot capture. The 183-day figure used in the app is a common reference point, not a legal standard applicable to every person or state.
You are responsible for your own tax position. Always consult a qualified tax professional (CPA, enrolled agent, or tax attorney) regarding your residency, domicile, and tax obligations. The Service is a supplement to professional advice, never a substitute for it.
2. Accuracy of records; your duty to review
The accuracy of your day log depends on factors outside our control, including:
- your device's GPS and network-based location accuracy;
- iOS location permissions you grant or revoke (including "Always" access and Precise Location);
- device conditions such as Low Power Mode, Airplane Mode, network availability, and whether the app has been terminated;
- gaps inherent in power-efficient location monitoring, which records significant location changes rather than continuous position;
- proximity to state boundaries and coastlines, where location confidence is reduced.
Days you enter manually — including entries made through the Catch Up feature and manual overrides — are your own assertions, not location-derived data, and are labeled accordingly in the app and in reports.
You are responsible for reviewing your records for accuracy and completeness before relying on them for any purpose. We make no representation that any record, report, or export will be accepted as evidence by any taxing authority, court, or other party.
3. Your data; storage and backup
Your location history and records are stored on your device and, if you have iCloud enabled for Southbound, in your personal iCloud account. We do not operate servers that store your location data, and we cannot access, recover, or restore it.
You are responsible for maintaining your device and iCloud backups. You can export your records (CSV and PDF) at any time, including while a subscription is inactive, and we encourage you to keep periodic exports.
4. Subscriptions and payment
Portions of the Service require a paid subscription ("Southbound Annual"), billed through your Apple Account as an auto-renewing subscription.
- Price and trial. Current pricing is shown in the app before purchase. New subscribers may receive an introductory free trial. Unless canceled at least 24 hours before the end of the trial or current period, the subscription renews automatically and your Apple Account is charged.
- Cancellation. Manage or cancel in iOS Settings → Apple Account → Subscriptions. Deleting the app does not cancel a subscription.
- Refunds. Purchases are processed by Apple; refund requests are made to Apple under Apple's terms.
- Price changes. We may change subscription pricing prospectively; Apple will notify you and, where required, seek your consent before a change applies to a renewal.
- Lapse. If your subscription lapses, paid features are unavailable, but you retain access to data export as described in Section 3.
5. Founding Members
Users whose first download of the app occurred before September 15, 2026 ("Founding Members") receive access to the app's paid features without charge for as long as we make the app generally available, as a courtesy grant. This grant is personal to your Apple Account, is not transferable or redeemable for cash, and does not survive discontinuation of the Service.
6. License and acceptable use
We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices you own or control, as permitted by the App Store terms. You agree not to: reverse engineer the app except as permitted by law; use the Service to violate any law; misrepresent records generated by the Service, including altering exported data while presenting it as unaltered Southbound output; or resell or provide the Service to third parties.
7. Intellectual property
The Service, including its software, design, and content (excluding your data), is owned by us and protected by intellectual-property laws. Your records and exports are yours.
8. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOCATION RECORDS WILL BE COMPLETE OR ACCURATE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA; (B) WE ARE NOT LIABLE FOR ANY TAXES, PENALTIES, INTEREST, ASSESSMENTS, OR OTHER AMOUNTS OWED TO OR IMPOSED BY ANY TAXING AUTHORITY, OR FOR THE OUTCOME OF ANY AUDIT, EXAMINATION, OR DISPUTE; AND (C) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE AND (ii) FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THESE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED.
10. Indemnification
You will indemnify and hold us harmless from claims arising out of your misuse of the Service, your violation of these Terms, or your presentation of Service output to any third party or authority.
11. Termination
You may stop using the Service at any time. We may suspend or terminate access for violation of these Terms. Sections 1–3 and 7–14 survive termination.
12. Apple-specific terms
These Terms are between you and us, not Apple. Apple has no obligation to furnish maintenance or support for the app. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing claims relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer-protection claims. In the event of a third-party claim that the app infringes intellectual-property rights, we, not Apple, are responsible for its investigation, defense, settlement, and discharge. You represent that you are not located in an embargoed country and are not on any U.S. government prohibited-parties list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13. Governing law; disputes
These Terms are governed by the laws of the State of Florida, without regard to conflicts-of-law rules.
14. Changes to these Terms
We may update these Terms; material changes will be posted with an updated effective date, and continued use after the effective date constitutes acceptance. The version in effect when a dispute arises governs that dispute.
15. Contact
Breakfast Ball LLC d/b/a Southbound · 2500 E. Las Olas Blvd, PH 8, Fort Lauderdale, Florida 33301 · [email protected]