Terms of Service

1. Agreement to Terms

By downloading, installing, or using The Selfie Spot mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and The Selfie Spot ("Company", "we", "us", or "our") regarding your use of the App.

2. Eligibility

You must be at least 13 years old to use the App. If you are under 18, you must have your parent or legal guardian's permission to use the App.

By using the App, you represent and warrant that you meet these eligibility requirements.

3. User Accounts

Account Creation: To use certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. Location Services and GPS

Location Access: The App requires access to your device's location services to function properly. You must grant location permissions to check in at spots and earn rewards.

GPS Verification: Check-ins are verified using GPS coordinates. You must be within 100 meters of a designated spot to complete a check-in. Any attempt to spoof or falsify location data is strictly prohibited and may result in account termination.

Location Data: We collect and store location data as described in our Privacy Policy. You may disable location services at any time, but this will prevent you from using core features of the App.

5. User-Generated Content

Content Ownership: You retain ownership of any photos, images, or other content you upload to the App ("User Content"). However, by uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content within the App and for marketing purposes.

Content Restrictions: You agree not to upload User Content that:

• Contains nudity, sexually explicit material, or violence
• Infringes on intellectual property rights of others
• Contains hate speech, harassment, or discriminatory content
• Violates any applicable laws or regulations
• Contains personal information of others without consent

Content Moderation: We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without notice.

6. Gamification Features

XP and Levels: The App includes gamification features such as experience points (XP), levels, badges, and leaderboards. These features are for entertainment purposes only and hold no monetary value.

Leaderboards: Your username, level, and XP may be displayed on public leaderboards. You can opt out of leaderboard participation in your account settings.

No Guarantee: We do not guarantee the accuracy or availability of gamification features. We reserve the right to modify or discontinue these features at any time.

7. In-App Purchases and Subscriptions

Purchases: The App may offer in-app purchases for premium features or subscriptions. All purchases are processed through the Apple App Store and are subject to Apple's Terms of Service.

Refunds: All sales are final. Refund requests must be submitted through the Apple App Store in accordance with Apple's refund policy.

Subscription Auto-Renewal: Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period. You can manage subscriptions in your Apple ID account settings.

8. Intellectual Property

The App, including its original content, features, functionality, design, logos, and branding, is owned by The Selfie Spot and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the App without our express written permission.

9. Prohibited Conduct

You agree NOT to:

• Use the App for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the App or related systems
• Use bots, scripts, or automated tools to interact with the App
• Spoof, falsify, or manipulate GPS or location data
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Interfere with the proper functioning of the App
• Reverse engineer, decompile, or disassemble the App
• Create fake accounts or manipulate leaderboards
• Collect or harvest user data without permission

10. Third-Party Services

The App may integrate with third-party services, including mapping services, social media platforms, and analytics providers. Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the practices or content of third-party services.

11. Disclaimer of Warranties

THE APP 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, OR NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use the App at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SELFIE SPOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Safety and Assumption of Risk

Physical Activity: The App encourages exploration and physical activity. You acknowledge that outdoor activities carry inherent risks, and you assume all risks associated with using the App.

Safety First: Always obey local laws, respect private property, and prioritize your safety. Do not trespass, enter dangerous areas, or engage in unsafe behavior to complete check-ins.

No Liability: We are not responsible for any injuries, accidents, or incidents that occur while using the App. Use common sense and exercise caution at all times.

14. Privacy and Data Collection

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our collection, use, and disclosure of your data as described in the Privacy Policy.

We collect location data, photos, usage data, and other information necessary to provide App functionality. See our Privacy Policy for details.

15. User Conduct and Community Guidelines

You agree to treat other users with respect and to use the App in a lawful and appropriate manner. Harassment, bullying, hate speech, or any form of abusive behavior is strictly prohibited.

Violations may result in removal of content, suspension, or permanent ban from the App.

16. Modifications to the App

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the App or any features.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App or by other reasonable means.

Your continued use of the App after such changes constitutes acceptance of the updated Terms.

18. Indemnification

You agree to indemnify, defend, and hold harmless The Selfie Spot, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the App, violation of these Terms, or infringement of any rights of another person or entity.

19. Apple App Store Requirements

Acknowledgment: You acknowledge that these Terms are between you and The Selfie Spot only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.

Scope of License: The license granted to you is limited to a non-transferable license to use the App on an Apple-branded device that you own or control as permitted by the Usage Rules in Apple's App Store Terms of Service.

Maintenance and Support: Apple has no obligation to provide maintenance or support services for the App. Any maintenance and support is provided by The Selfie Spot.

Warranty: Apple is not responsible for any warranty claims related to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if applicable). To the maximum extent permitted by law, Apple has no other warranty obligation.

Product Claims: Apple is not responsible for addressing any claims by you or third parties relating to the App or your possession or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to legal or regulatory requirements; and (3) claims arising under consumer protection laws.

Intellectual Property Claims: Apple is not responsible for investigation, defense, settlement, or discharge of any third-party claim that the App infringes intellectual property rights.

Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

20. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada, or in the courts of Ontario, Canada.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

22. Contact Information

If you have questions about these Terms of Service, please contact us: