1. Introduction and Acceptance
Welcome to trippinguide ("we," "our," "us," or the "Company"), operated by Dalkiran & Ayirtman GbR, established in Germany. These Terms and Conditions ("Terms") govern your access to and use of the trippinguide mobile application and any related services (collectively, the "App" or "Service").
By downloading, installing, accessing, or using the App, including by tapping "I Agree," creating an account, or making any purchase, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not download, install, or use the App.
2. Eligibility
2.1 Minimum Age
You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) to use the App. By using the App, you represent and warrant that you meet this requirement.
2.2 Capacity
You must be legally capable of entering into a binding contract under the laws of your jurisdiction.
2.3 Restricted Persons
You may not use the App if you are barred from receiving services under the laws of the United States or other applicable jurisdictions, or if you are located in a country subject to U.S. embargo or sanctions (including but not limited to Cuba, Iran, North Korea, Syria, Crimea, and the so-called Donetsk and Luhansk People's Republics).
2.4 No Minors' Data
The App is not directed at children under 16. We do not knowingly collect personal information from such children. If you believe a child has provided us information, contact us at support@trippinguide.com and we will delete it.
2.5 Purchases by Minors
You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase a pass. If you are between the minimum age in Section 2.1 and the age of majority, you may use the free tier only, and any purchase requires verifiable consent from a parent or legal guardian who agrees to be bound by these Terms on your behalf.
3. Nature of Service: AI-Generated Content
3.1 Description
The App identifies points of interest near your location and generates descriptive text and audio guides using third-party Large Language Models ("LLMs"), including but not limited to models provided by OpenAI, Google, and other third parties (collectively, "AI Providers").
3.2 Third-Party AI Models
We do not own, operate, or control the AI Providers' underlying models. Your use of AI-generated content is also subject to the AI Providers' terms of service and policies. We make no representation or warranty regarding the AI Providers' services.
3.3 Transmission to AI Providers
To generate content, the App transmits certain data to AI Providers, which may include identifiers of nearby points of interest, language preference, and limited device or session metadata. The App does not accept free-form user prompts; all prompt content is determined by the Company. By using the App, you consent to this transmission. AI Providers may process this data under their own policies, which we do not control.
3.4 Accuracy Disclaimer
AI-generated content is probabilistic and may contain errors, inaccuracies, omissions, fabrications ("hallucinations"), outdated information, or content that conflicts with the historical, scientific, religious, cultural, or factual record. You acknowledge that:
- Names, dates, attributions, anecdotes, and historical claims may be wrong;
- Architectural, religious, or cultural descriptions may be inaccurate or oversimplified;
- Operational information (hours, prices, accessibility, opening status) is not verified and may be incorrect or out-of-date;
- Translations and pronunciations may be wrong.
You agree to independently verify any information before relying on it.
3.5 Not Professional Advice
Content is provided for entertainment and informational purposes only. It is not academic, historical, religious, legal, navigational, medical, safety, or professional advice and must not be relied upon as such.
3.6 Sensitive, Biased, or Offensive Content
Despite safety filters, AI models may generate content that is inaccurate, biased, stereotyped, culturally insensitive, religiously inappropriate, politically charged, or otherwise objectionable. You acknowledge this risk and agree the Company is not liable for such content. If you encounter problematic content, please report it to support@trippinguide.com.
3.7 Content Variability
Outputs are non-deterministic. The same selection may produce different content for different users or different sessions. We do not guarantee any specific output, length, style, language quality, or audio characteristics.
3.8 No Guarantee of Coverage
The App may not have content for every location, language, or category. Coverage and quality vary by region.
4. User Accounts and Access
4.1 Guest Access
Guests may access limited functionality (currently one free guide per 24-hour period). We track guest usage using device-level identifiers; circumventing these limits is prohibited (Section 10).
4.2 Registration
To purchase passes, upload photos, or use full features, you must create an account using a valid email address or supported third-party sign-in. You agree to provide accurate, current, and complete information and to keep it updated.
4.3 Account Security
You are solely responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at support@trippinguide.com if you suspect unauthorized access. We are not liable for losses caused by unauthorized account use that you fail to promptly report.
4.4 One Account Per Person
You may not maintain multiple accounts to circumvent usage limits or pricing.
4.5 Sign Out and Account Deletion
You may sign out of your account at any time from within the App settings. Account deletion is not available in-app; to request deletion, please email us at support@trippinguide.com. Deletion requests are processed within 30 days and may be subject to retention obligations described in our Privacy Policy.
5. Purchases and Payments
5.1 Passes
We offer one-time Day, Week, and Yearly passes. Each pass is a single, non-recurring purchase that grants access to additional features for the stated duration. We do not offer auto-renewing subscriptions or free trials. Features and pricing for each tier are displayed in the App at the point of purchase.
5.2 Payment Processing
All purchases are processed through the Apple App Store or Google Play Store ("Stores"). The Stores are responsible for billing. We do not collect or store payment card information. Payment is charged to your Store account at confirmation of purchase.
5.3 Refunds
All refund requests are subject to the policies of the Apple App Store or Google Play Store. We do not directly process refunds. Where required by mandatory consumer law (including the EU 14-day right of withdrawal for digital content), refund rights provided by such law are not waived; however, by accessing AI-generated content immediately upon purchase, you may forfeit the EU right of withdrawal in accordance with Article 16(m) of the Consumer Rights Directive, and you expressly consent to this.
5.4 Price Changes
We may modify prices for new purchases at any time. Price changes do not affect passes already purchased.
5.5 Taxes
Stated prices may exclude applicable taxes; you are responsible for any taxes assessed by the Stores or tax authorities.
5.6 Promotional Codes
Promotional codes are non-transferable, may not be redeemed for cash, and may expire. We may revoke codes obtained fraudulently.
6. Location Services and Physical Safety
6.1 Location Data
Core App functionality requires access to your device's precise location (GPS). By granting permission, you consent to our collection and processing of location data as described in our Privacy Policy. You may revoke permission at any time in your device settings, but the App may not function correctly without it.
6.2 Assumption of Risk
You expressly assume all risks associated with using the App in physical environments. The App is a digital companion, not a navigation tool, safety device, guide service, or trip planner.
6.3 Safety Rules
You agree:
- Not to look at the App while walking, driving, cycling, or operating any vehicle;
- Not to use the App in traffic, on roadways, on bridges, near cliffs, near water, in extreme weather, in low visibility, or on uneven or unsafe terrain;
- Not to use the App as a substitute for navigation, mapping, or emergency services;
- Not to enter any private property, restricted area, closed site, archaeological site, religious site, military zone, conflict area, or other off-limits location, regardless of whether the App or AI-generated content suggests or describes it;
- To comply with all local laws, customs, dress codes, photography rules, and conduct restrictions at any site;
- To exercise independent judgment about whether a location is safe, accessible, lawful, or appropriate to visit;
- Not to rely on the App for survival, wilderness, medical, or emergency information.
6.4 AI Suggestions Are Informational Only
Mention or description of a location by the App does not imply that the location is safe, open, accessible, lawful to enter, or appropriate to visit.
6.5 Release and Waiver
To the maximum extent permitted by law, you release the Company, its affiliates, officers, employees, contractors, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including bodily injury, death, property damage, emotional distress, illegal entry, or arrest) arising out of or related to your use of the App in physical environments, regardless of whether the AI-generated content was accurate or inaccurate. This release does not apply where prohibited by law (e.g., for gross negligence or willful misconduct in jurisdictions that prohibit waiver of such claims).
7. Privacy and Data Processing
7.1 Privacy Policy
Our collection, use, and sharing of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
7.2 Third-Party Processing
By using the App, you acknowledge that personal data (including location, device identifiers, and selected point-of-interest data) will be transmitted to and processed by our service providers, including AI Providers, hosting providers, analytics providers, and the Stores, in accordance with their respective policies.
7.3 International Transfers
Your data may be transferred to and processed in jurisdictions outside your country of residence, including the United States. By using the App, you consent to such transfers, subject to safeguards required by applicable law.
7.4 Your Rights
Depending on your jurisdiction, you may have rights to access, correct, delete, port, or restrict processing of your personal data. See our Privacy Policy for details and how to exercise these rights.
8. Intellectual Property
8.1 Our IP
The App, including its design, code, interface, branding, logos, trade dress, organization, and all materials we create, are owned by the Company or our licensors and protected by copyright, trademark, and other laws.
8.2 Limited License to You
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control, solely for personal, non-commercial purposes.
8.3 AI-Generated Content License
To the extent we have rights in AI-generated outputs delivered through the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use those outputs for personal, non-commercial purposes only. We make no warranty regarding the copyright status, originality, or non-infringement of AI-generated content. Some AI-generated content may not be eligible for copyright protection under applicable law.
8.4 Restrictions
You may not, and may not allow any third party to:
- copy, modify, translate, or create derivative works of the App or its content;
- reverse engineer, decompile, disassemble, or attempt to derive source code (except to the limited extent expressly permitted by mandatory law, such as Article 6 of EU Directive 2009/24/EC);
- sell, rent, lease, sublicense, distribute, or commercially exploit the App or its content;
- scrape, harvest, or systematically extract content;
- use the App or its content to train, fine-tune, or evaluate any AI or machine learning model;
- remove or alter any proprietary notices.
8.5 Feedback
If you submit feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use them without restriction or compensation.
8.6 Trademarks
trippinguide and our logos are our trademarks. You may not use them without our prior written consent.
9. User-Submitted Photos
9.1 Submissions
The App allows registered users to upload photographs of public attractions ("User Photos") for use in the App.
9.2 License Grant
By uploading a User Photo, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to host, store, use, reproduce, modify, adapt, translate, crop, edit, create derivative works of, publish, distribute, publicly display, publicly perform, and otherwise exploit the User Photo, in whole or in part, in any media now known or later developed, including within the App, on our website, in newsletters, on social media, in advertising and promotional materials, and in any future channels we may use, for any purpose related to the App or the Company's business, without any obligation to credit, notify, or compensate you. To the maximum extent permitted by law, you waive any moral rights, attribution rights, or rights of integrity in the User Photo.
9.3 Your Representations and Warranties
You represent and warrant that, for each User Photo:
- you are the sole author and owner of all rights in it, or you have obtained all necessary rights, licenses, and permissions to grant the license in Section 9.2;
- it does not infringe any copyright, trademark, trade secret, design right, privacy right, personality right, right of publicity, moral right, or other right of any third party;
- it does not depict any identifiable person, whether as a focal subject or otherwise;
- it does not contain illegal, defamatory, obscene, sexually explicit, hateful, harassing, threatening, violent, or otherwise inappropriate content;
- it accurately depicts a publicly accessible attraction and was taken lawfully, including in compliance with any photography restrictions, no-photography zones, or rights-of-publicity rules at the site;
- it does not contain copyrighted artworks, performances, signage, logos, or installations that are not covered by Panoramafreiheit (Section 59 UrhG) or an equivalent free-use exception in the country where the photograph was taken;
- it does not contain confidential, classified, or commercially sensitive information.
9.4 Metadata
Uploaded photos may contain embedded metadata (EXIF), including GPS coordinates, capture time, and device information. We re-encode uploaded photos to strip EXIF metadata before storage.
9.5 Pre-Publication Review
No User Photo is published in the App without our prior approval. Submissions are reviewed through an internal moderation workflow that may combine automated tools (including AI-based image-classification services) with human review by Company personnel via an internal admin dashboard. We may approve, edit, crop, watermark, reject, or remove any User Photo at our sole discretion, with or without notice or explanation, and we are under no obligation to provide reasons for rejection. Our approval of a User Photo does not constitute a representation that the photo is lawful, accurate, non-infringing, or accompanied by all necessary consents, and does not relieve you of any obligation, representation, or warranty under Section 9.3.
9.6 No Compensation
You will not receive any payment, royalty, attribution, or other consideration for User Photos.
9.7 Your Responsibility; Editorial Discretion
You remain solely responsible for User Photos you submit and for the accuracy of the representations and warranties in Section 9.3. We exercise editorial discretion over which User Photos we publish, but we do not, by reviewing or approving a User Photo, become a co-author, guarantor, or independent verifier of the photo's lawfulness, accuracy, ownership, or consents. Where applicable, we will act expeditiously upon obtaining actual knowledge that any published User Photo is unlawful, in accordance with Sections 7-10 of the German Telemedia Act and Articles 6 and 16 of the Digital Services Act.
9.8 Notice and Takedown
If you believe a User Photo infringes your rights or violates these Terms, send a notice to support@trippinguide.com containing: (a) your contact details; (b) identification of the User Photo; (c) the legal basis for the complaint; (d) a statement of good-faith belief; and (e) a statement of accuracy. We will assess and act on valid notices in accordance with applicable law.
9.9 Withdrawal of Your Submission
You may request deletion of a specific User Photo by contacting support@trippinguide.com. For photos still under review, we will discard the submission promptly. For published photos, we will remove them from active distribution within 30 days. The license in Section 9.2 survives with respect to copies already lawfully sublicensed, distributed, or used in promotional materials before your request, and with respect to derivative works in active production. Backups may retain copies for up to 35 days.
10. Acceptable Use and Prohibited Conduct
You agree not to:
- use the App for any illegal, harmful, fraudulent, or infringing purpose;
- attempt to manipulate, reverse engineer, or extract the prompts, system instructions, model parameters, or other internal logic used to generate content, including by intercepting, modifying, or replaying network requests, spoofing location data, or using a modified client;
- attempt to elicit or generate content that is unlawful, defamatory, obscene, sexually explicit, hateful, harassing, threatening, or that promotes violence, self-harm, or discrimination;
- impersonate any person or misrepresent your affiliation;
- interfere with, disrupt, or overload the Service or its infrastructure, including via automated requests, denial-of-service techniques, or excessive usage;
- attempt to circumvent usage limits, rate limits, paywalls, or access controls (including by creating multiple accounts, using VPNs to evade geographic restrictions, or resetting device identifiers);
- probe, scan, or test the vulnerability of the Service, or breach security or authentication measures, except as expressly authorized through a coordinated disclosure program;
- use the App or its content to develop competing products or to train AI/ML systems;
- use bots, scrapers, or automated tools to access the App;
- violate any applicable law, regulation, or third-party right;
- submit any User Photo in violation of Section 9.
We may suspend or terminate access immediately for violations.
11. Service Availability, Modifications, and Third-Party Dependencies
11.1 No Uptime Guarantee
The Service is provided on a commercially reasonable basis. We do not guarantee uninterrupted availability.
11.2 Third-Party Dependencies
The Service depends on third parties, including AI Providers, cloud infrastructure, the Stores, mapping/location services, and your network connection. We are not responsible for outages, latency, errors, or failures caused by third parties or by your device, network, or environment.
11.3 Modifications
We may modify, suspend, or discontinue the Service or any feature at any time, with or without notice. We may also impose limits on certain features or restrict access without liability.
11.4 Beta Features
Features marked "beta," "experimental," or similar are provided on an as-is basis and may be changed or removed at any time.
12. Disclaimers; "AS IS"
12.1 AS-IS Basis
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL CONTENT, INCLUDING AI-GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
12.2 Disclaimer of Implied Warranties
WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.3 No Warranty on Content
WE DO NOT WARRANT THAT (a) THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) AI-GENERATED CONTENT WILL BE ACCURATE, TRUTHFUL, COMPLETE, CURRENT, OR APPROPRIATE; (c) DEFECTS WILL BE CORRECTED; OR (d) THE APP IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
12.4 Non-Waivable Rights
Some jurisdictions do not allow exclusion of certain warranties; in such jurisdictions, the above exclusions apply only to the maximum extent permitted by law.
13. Limitation of Liability
13.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE APP, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID TO THE COMPANY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (b) USD $100.
13.3 Essential Basis
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
13.4 Non-Waivable Laws
Some jurisdictions do not permit exclusion or limitation of certain damages (e.g., for personal injury caused by negligence, fraud, or gross negligence). In such jurisdictions, our liability is limited to the maximum extent permitted by law and nothing in these Terms is intended to exclude liability that cannot lawfully be excluded.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, suits, proceedings, damages, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use or misuse of the App; (b) your violation of these Terms or any law; (c) your violation of any third-party right (including intellectual property, privacy, or publicity rights); (d) your reliance on AI-generated content; or (e) any User Photo you submit, including any claim that it infringes a third party's copyright, trademark, privacy, personality, or publicity right, or that it depicts a person without valid consent.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
15. Termination
15.1 By You
You may stop using the App at any time and may delete your account as described in Section 4.5.
15.2 By Us
We may suspend or terminate your access immediately, without notice, for any reason, including suspected violation of these Terms or applicable law, fraud, abuse, or non-payment.
15.3 Effect
Upon termination, your right to use the App ends. Sections that by their nature should survive (including IP, the license in Section 9.2, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions) survive termination.
15.4 No Refund on Termination for Cause
If we terminate your access for violation of these Terms, no refund is due, subject to applicable mandatory consumer law and Store policies.
16. Apple App Store Specific Terms
If you obtained the App through the Apple App Store, the following terms apply and override any conflicting provisions:
16.1 Acknowledgment
These Terms are between you and the Company only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
16.2 Scope of License
Your license is limited to use of the App on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
16.3 Maintenance and Support
The Company, not Apple, is solely responsible for any maintenance and support.
16.4 Warranty
The Company is solely responsible for product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, which will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
16.5 Product Claims
The Company, not Apple, is responsible for addressing claims relating to the App or your use of it, including (a) product liability claims; (b) any claim that the App fails to conform to applicable legal requirements; and (c) consumer protection or privacy claims.
16.6 IP Claims
The Company, not Apple, is responsible for investigating, defending, settling, and discharging any third-party claim that the App or your use of it infringes that third party's intellectual property.
16.7 Legal Compliance
You represent that you are not located in a U.S.-embargoed country and not on any U.S. Government list of prohibited or restricted parties.
16.8 Third-Party Beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. Google Play Specific Terms
If you obtained the App through Google Play, your use is subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App. Refunds for purchases via Google Play are subject to Google Play's policies.
18. Dispute Resolution
18.1 Informal Resolution
Before bringing any formal proceeding, you agree to contact us at support@trippinguide.com and attempt to resolve the dispute informally. We will use reasonable efforts to respond within 30 days.
18.2 EU Online Dispute Resolution
The European Commission provides an online dispute resolution platform for consumers, available at https://ec.europa.eu/consumers/odr. Our email address for this purpose is support@trippinguide.com.
18.3 Consumer Dispute Resolution (VSBG)
We are not obligated and do not voluntarily participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG).
18.4 Jurisdiction
The courts of Berlin, Germany have non-exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App. Nothing in this Section limits the right of a consumer to bring proceedings in the courts of the consumer's country of domicile, or to be sued only in those courts, where such rights are guaranteed by mandatory law (including Articles 17–19 of Regulation (EU) No 1215/2012, "Brussels Ia").
19. Governing Law
These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. If you are a consumer in the European Union, this choice of law does not deprive you of the mandatory consumer protections of the law of your country of habitual residence (Article 6 of Regulation (EC) No 593/2008, "Rome I").
20. Changes to These Terms
20.1 Updates
We may update these Terms from time to time. The "Last Updated" date will reflect the latest revision.
20.2 Material Changes
For material changes, we will provide prominent notice (e.g., in-app banner or email) at least 14 days before the change takes effect. Material changes will require your renewed acceptance where required by law.
20.3 Continued Use
Your continued use of the App after the effective date of non-material changes constitutes acceptance of the revised Terms.
20.4 Right to Reject
If you do not accept changes, you must stop using the App and may delete your account.
21. Notices
21.1 From Us to You
We may provide notices via the App, by email to your registered address, or by posting on our website. You are responsible for keeping your contact information current.
21.2 From You to Us
Legal notices must be sent to support@trippinguide.com and Akazienstraße 3A, 10823 Berlin, Germany.
22. DMCA / Copyright Complaints
If you believe content available through the App infringes your copyright, send a notice to support@trippinguide.com including: (a) identification of the work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief; (e) a statement of accuracy under penalty of perjury; and (f) your physical or electronic signature. We may remove or disable access to allegedly infringing material and terminate repeat infringers.
23. General Provisions
23.1 Entire Agreement
These Terms, together with our Privacy Policy and any in-app purchase terms, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.
23.2 Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable.
23.3 No Waiver
Failure to enforce any provision is not a waiver of our right to enforce it later.
23.4 Assignment
You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
23.5 Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government action, network failures, third-party service failures, or pandemics.
23.6 Relationship
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
23.7 No Third-Party Beneficiaries
Except as expressly stated (e.g., Apple under Section 16), there are no third-party beneficiaries.
23.8 Headings
Section headings are for convenience only and have no legal effect.
23.9 Language
These Terms are drafted in English. Any translation is for convenience only; the English version controls in case of conflict, except where prohibited by mandatory law.
24. Contact Us
Questions about these Terms? Contact us at: