Terms of Service - User Agreement

1. Acceptance of Terms

By creating an account, downloading our app, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and PhoneGuide.

You must be at least 13 years old (or 16 in the European Union) to use our Service
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization
You agree to comply with all applicable laws and regulations when using our Service
Your continued use of the Service constitutes acceptance of any updates to these Terms

2. Service Description

PhoneGuide provides location-based audio tour services that allow users to explore cities, landmarks, and attractions through guided audio content. Our Service includes:

Audio tour guides for various cities and attractions worldwide
GPS-based navigation and location tracking during tours
Offline tour download capabilities for premium subscribers
Interactive maps and route planning features
User account management and tour history
Community features and user reviews
Premium subscription plans with enhanced features

3. User Accounts

To access certain features of the Service, you must create an account. You agree to:

Account Requirements

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Use only one account per person (no multiple accounts)
Not share your account credentials with others
Be at least 13 years old (16 in the EU) to create an account

Account Responsibilities

You are responsible for all activities that occur under your account
You must maintain the security and confidentiality of your account credentials
You must immediately notify us of any unauthorized use of your account
We are not liable for any loss or damage arising from your failure to secure your account
You may not transfer or sell your account to another person

Account Security

Choose a strong, unique password for your account
Enable two-factor authentication when available
Do not use the same password you use for other services
Log out of your account when using shared or public devices
Report any security concerns to [email protected] immediately

4. User Content and Conduct

You may have the opportunity to submit reviews, photos, comments, or other content ("User Content") through our Service. By submitting User Content, you:

Grant PhoneGuide a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform your User Content
Represent that you own or have the necessary rights to submit the User Content
Warrant that your User Content does not infringe any third-party rights
Acknowledge that we may remove or modify User Content that violates these Terms
Understand that User Content may be visible to other users and the public
Retain ownership of your User Content, subject to the license granted above

5. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to audio recordings, text, graphics, logos, images, software, and tour routes, are owned by PhoneGuide or our licensors and are protected by international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without written permission
You may not reverse engineer, decompile, or attempt to extract source code from our software
You may not remove or alter any copyright, trademark, or proprietary notices
Tour content is licensed for personal, non-commercial use only
Downloaded tour content may only be used within the PhoneGuide app
Unauthorized use of our intellectual property may result in legal action

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Violating any laws, regulations, or third-party rights
Impersonating any person or entity, or falsely stating or misrepresenting your affiliation
Interfering with or disrupting the Service or servers or networks connected to the Service
Attempting to gain unauthorized access to any portion of the Service or other systems
Using automated systems (bots, scrapers, etc.) to access the Service without permission
Uploading viruses, malware, or any malicious code
Harassing, threatening, or intimidating other users
Posting spam, advertisements, or promotional content without authorization
Collecting or harvesting personal information about other users
Using the Service for any illegal, fraudulent, or unauthorized purpose
Circumventing any technological measures designed to protect the Service
Creating multiple accounts to evade restrictions or bans

7. Payment Terms

Certain features of the Service require payment. By making a purchase, you agree to:

Provide accurate and complete payment information
Authorize us to charge your selected payment method
Pay all fees and charges at the prices then in effect
Be responsible for all applicable taxes (unless we are required to collect them)
Update your payment information promptly if it changes
Accept that all fees are non-refundable except as required by law or stated in our Refund Policy

8. Subscriptions and Auto-Renewal

If you purchase a subscription to our premium features:

Subscription Tiers

Free: Limited access to select tours with ads
Premium Monthly: Full access to all tours, offline downloads, ad-free experience
Premium Annual: All Premium Monthly benefits at a discounted annual rate
Family Plan: Premium features for up to 6 family members

Cancellation

You may cancel your subscription at any time through your account settings or the app store where you purchased it. Cancellation takes effect at the end of your current billing period. You will continue to have access to premium features until the end of the billing period. No refunds will be provided for partial subscription periods.

Price Changes

We may change subscription prices at any time. If we increase your subscription price, we will notify you at least 30 days in advance. The new price will apply to your next billing cycle after the notice period. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

9. Refund Policy

Generally, all purchases are final and non-refundable. However, we may provide refunds in the following circumstances:

Technical issues: If a tour has significant technical problems that prevent its use
Billing errors: If you were charged incorrectly due to our error
Accidental purchases: Within 48 hours of purchase, at our discretion
Legal requirements: As required by applicable consumer protection laws
Service unavailability: If we discontinue a purchased tour within 30 days of purchase

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
WARRANTIES THAT DEFECTS WILL BE CORRECTED
WARRANTIES REGARDING LOCATION ACCURACY OR GPS FUNCTIONALITY

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONEGUIDE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, data, use, goodwill, or other intangible losses
Personal injury or property damage resulting from your use of the Service
Unauthorized access to or use of our servers or your personal information
Interruption or cessation of the Service
Bugs, viruses, or other harmful code transmitted through the Service
Errors or omissions in any content or information
Any actions taken by you based on information obtained through the Service

12. Indemnification

You agree to indemnify, defend, and hold harmless PhoneGuide, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising out of or related to:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any rights of another party, including intellectual property rights
Your User Content
Any activity that occurs under your account
Your violation of any applicable laws or regulations

13. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Requests from law enforcement or government agencies
Technical or security issues
Discontinuation of the Service

14. Modifications to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email (to the address associated with your account) or through a notice in the app at least 30 days before the changes take effect. For non-material changes, we will update the "Last Updated" date at the top of these Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Kraków, Poland.

16. Dispute Resolution

We prefer to resolve disputes amicably and efficiently. If you have a concern, please contact us first at [email protected]. Most concerns can be resolved quickly through customer support.

Informal Negotiation

Before filing any formal dispute, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days. We will do the same if we have a dispute with you.

Arbitration (U.S. Users)

For users in the United States, if informal negotiation fails, you and PhoneGuide agree to resolve disputes through binding arbitration rather than in court, except for disputes relating to intellectual property or small claims court matters. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's rules. The arbitrator's decision will be binding and enforceable in court.

Class Action Waiver

YOU AND PHONEGUIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This waiver applies to class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.

17. Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. Any waiver must be in writing and signed by us to be effective.

18. Contact Information

If you have any questions about these Terms or the Service, please contact us:

Oleksandr Shemyakin

ul. Czyżówka 14 lok. 0.3, 30-526 Kraków, Poland

NIP: 5252923043REGON: 523081083

Email: [email protected]

Alternatively, you can reach us through the contact form on our website or in-app support chat.