Terms of Service

1. ACCEPTANCE OF TERMS

By accessing or using Wandermint ("the Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service.

We may update these Terms from time to time. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. We will notify you of material changes via the app or email.

2. DESCRIPTION OF SERVICE

Wandermint is a mobile application that enables users to:

• Discover and Experience: Browse and experience audio-guided walking tours created by local creators
• Create Content: Create and publish your own audio tours, stops, and events
• Purchase Content: Purchase on-demand audio tours and individual stops (subject to availability and pricing)
• Book Experiences: Book in-person guided tours and events
• Build Custom Tours: Build custom tours by selecting individual stops
• Social Features: Follow creators and interact with content through a social feed
• Support Creators: Provide tips to creators and rate content
• Offline Access: Download tours for offline listening
• Location-Based Discovery: Access location-based tour discovery and interactive maps

3. USER ACCOUNTS

3.1 Account Creation

• You must be at least 13 years old to create an account
• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

3.2 Account Types

• Explorer Mode: For users who want to discover and experience tours
• Creator Mode: For users who want to create and publish tours
• You may switch between modes at any time through your account settings

3.3 Account Termination

• You may delete your account at any time through account settings
• We reserve the right to suspend or terminate accounts that violate these Terms
• Upon termination, your right to use the Service immediately ceases
• We may delete your account data in accordance with our Privacy Policy

4. USER CONTENT

4.1 Content You Create

• You retain ownership of content you create (tours, stops, audio, images, reviews, comments)
• By creating content, you grant Wandermint a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content through the Service
• You represent and warrant that you own or have the right to use all content you submit

4.2 Content Standards

Your content must not:

• Violate any laws or regulations
• Infringe on intellectual property rights of others
• Contain false, misleading, or defamatory information
• Include hate speech, harassment, or discriminatory content
• Contain explicit sexual content or violence
• Include spam, malware, or malicious code
• Violate privacy rights of others

4.3 Content Moderation

• We reserve the right to review, edit, or remove any content that violates these Terms
• We may remove content without prior notice if we determine it violates our policies
• Repeated violations may result in account termination

4.4 Geographic Accuracy

• You are responsible for ensuring the accuracy of location data and tour information
• Inaccurate or misleading location data may result in content removal
• We are not responsible for errors in user-provided location information

5. PURCHASES AND PAYMENTS

5.1 On-Demand Content

• On-demand tours and stops may be available for purchase or may be offered free of charge
• Pricing is set by creators and displayed before purchase
• All sales are final unless otherwise stated or required by law
• Refunds may be available for technical issues preventing content access

5.2 In-Person Tours and Events

• In-person tours and events require advance booking
• Pricing is per person and set by creators
• Cancellation policies vary by creator and are displayed at booking
• Refunds are subject to the creator's cancellation policy

5.3 Payment Processing

• Payments are processed through Stripe, a third-party payment processor
• We do not store your full payment card information
• You agree to provide accurate payment information
• You authorize us to charge your payment method for purchases you make

5.4 Platform Fees

• Creators may be charged platform fees on transactions
• Fee structure is disclosed to creators separately
• Platform fees are non-refundable

5.5 Taxes

• You are responsible for any applicable taxes on purchases
• We may collect and remit taxes where required by law
• Tax amounts are displayed at checkout when applicable

6. CREATOR RESPONSIBILITIES

6.1 Content Quality

• Creators are responsible for the accuracy and quality of their content
• Creators must provide accurate location data and tour information
• Creators must ensure audio quality meets minimum standards

6.2 In-Person Tours

• Creators are responsible for conducting booked tours as described
• Creators must honor cancellation policies they set
• Creators must maintain appropriate insurance for in-person tours

6.3 Earnings and Payouts

• Creators receive earnings from their content sales and bookings
• Payouts are processed according to our payment schedule
• Creators are responsible for reporting income for tax purposes

6.4 Stripe Connect

• Creators may connect Stripe accounts to receive payouts
• Stripe Connect onboarding is subject to Stripe's terms and conditions
• We are not responsible for Stripe account issues or payment delays

7. INTELLECTUAL PROPERTY

7.1 Service Ownership

• The Service, including its design, features, and functionality, is owned by Wandermint
• Our trademarks, logos, and brand names are our property
• You may not use our intellectual property without permission

7.2 User Content License

• As stated in Section 4.1, you retain ownership of your content
• You grant us a license to use your content to provide the Service
• This license continues even if you stop using the Service

7.3 Third-Party Content

• The Service may include content from third parties
• Third-party content is subject to its own terms and licenses
• We are not responsible for third-party content accuracy or availability

8. PROHIBITED ACTIVITIES

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any copyright or proprietary notices
• Collect user information without consent
• Impersonate others or provide false information
• Use the Service to harass, abuse, or harm others

9. LOCATION SERVICES

9.1 Location Data

• The Service uses location data to provide nearby tours and navigation features
• Location services are optional and require your permission
• You can disable location services at any time through device settings

9.2 Location Accuracy

• Location accuracy depends on your device and GPS signal
• We are not responsible for location inaccuracies
• Use location data at your own risk when navigating

10. OFFLINE DOWNLOADS

10.1 Download Availability

• Some tours may be available for offline download
• Download availability is subject to creator settings and content size
• Downloads require sufficient device storage

10.2 Download Usage

• Downloaded content is for personal use only
• You may not redistribute downloaded content
• Downloads may expire or be revoked if content is removed

11. DISCLAIMERS

11.1 Service Availability

• We strive to provide reliable service but do not guarantee uninterrupted access
• The Service may be unavailable due to maintenance, updates, or technical issues
• We are not liable for service interruptions

11.2 Content Accuracy

• We do not verify the accuracy of user-generated content
• Tour information, locations, and descriptions are provided by creators
• Use content at your own risk

11.3 Safety

• When participating in tours, especially outdoor activities, exercise caution
• Follow local laws and regulations
• Be aware of your surroundings and personal safety
• We are not responsible for injuries or incidents during tours

11.4 Third-Party Services

• The Service integrates with third-party services (Stripe, AWS, Brevo, Google Maps)
• We are not responsible for third-party service availability or functionality
• Your use of third-party services is subject to their terms

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability is limited to the amount you paid us in the past 12 months
• We are not liable for loss of data, profits, or business opportunities
• We are not liable for injuries or incidents during tours or use of content

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

13. INDEMNIFICATION

You agree to indemnify and hold Wandermint harmless from:

• Claims arising from your use of the Service
• Violations of these Terms
• Infringement of third-party rights by your content
• Your conduct during tours or interactions with other users

14. DISPUTE RESOLUTION

14.1 Informal Resolution

• We encourage resolving disputes informally
• Contact us at support@wandermint.app to discuss issues

14.2 Binding Arbitration

• For disputes that cannot be resolved informally, you agree to binding arbitration
• Arbitration will be conducted under the rules of the American Arbitration Association
• Arbitration will take place in the jurisdiction where Wandermint operates

14.3 Class Action Waiver

• You waive the right to participate in class action lawsuits
• Disputes must be resolved individually

15. TERMINATION

15.1 Termination by You

• You may stop using the Service at any time
• You may delete your account through account settings

15.2 Termination by Us

• We may suspend or terminate your account for violations of these Terms
• We may terminate the Service or your access with reasonable notice
• Upon termination, your right to use the Service immediately ceases

15.3 Effect of Termination

• Sections that by their nature should survive termination will survive
• This includes Sections 4 (User Content), 7 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), and 13 (Indemnification)

16. GENERAL PROVISIONS

16.1 Entire Agreement

• These Terms constitute the entire agreement between you and Wandermint
• They supersede all prior agreements and understandings

16.2 Severability

• If any provision is found unenforceable, the remaining provisions remain in effect
• We will replace unenforceable provisions with enforceable ones that match the intent

16.3 Waiver

• Our failure to enforce any provision does not constitute a waiver
• Waivers must be in writing and signed by us

16.4 Assignment

• You may not assign your account or rights without our consent
• We may assign our rights and obligations to any party

16.5 Governing Law

• These Terms are governed by the laws of the jurisdiction where Wandermint operates
• Legal actions must be brought in the appropriate courts of that jurisdiction

16.6 Changes to Terms

• We may modify these Terms at any time
• Material changes will be notified via the app or email
• Continued use after changes constitutes acceptance

17. CONTACT INFORMATION

For questions about these Terms, contact us at:

• Email: legal@wandermint.app
• Support: support@wandermint.app
• Website: https://wandermint.app