1. Agreement
These Terms of Use (“Terms”) are a binding agreement between you and Tours & Travel, Inc. (“Tours & Travel,” “we,” “us,” or “our”). They apply to our mobile applications, websites, maps, audio guides, downloadable content, and related services (collectively, the “Services”). By downloading, accessing, purchasing, or using a Service, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Services. Additional product-specific terms presented before purchase or use form part of this agreement. If they conflict with these Terms, the product-specific terms control for that product.
2. Eligibility
You must be at least 13 years old and legally capable of entering into this agreement. If local law requires a higher age, that age applies. A parent or guardian must authorise use by a minor and is responsible for the minor’s compliance with these Terms.
3. Licence to use the Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Services for lawful, non-commercial travel purposes. You do not acquire ownership of the Services or their content.
You may not copy, redistribute, sell, rent, reverse engineer, circumvent technical protections, scrape, create derivative works from, or exploit the Services except where applicable law expressly permits and does not allow that permission to be waived.
4. Travel information and safety
Maps, routes, audio, opening hours, accessibility details, prices, transport information, and recommendations can become incomplete or outdated. Always observe your surroundings and follow official signs, local rules, closures, emergency instructions, and advice from competent authorities.
The Services are informational tools, not emergency, medical, legal, immigration, weather, security, or professional advice. Do not interact with an app while driving or when doing so would be unsafe. Do not enter restricted, private, hazardous, or closed areas because a route or tour appears to pass through them.
You are responsible for your travel decisions, physical condition, equipment, connectivity, visas, tickets, insurance, and compliance with applicable law. In an emergency, contact local emergency services.
5. Location, maps, and offline use
GPS, compass, map, and network accuracy vary by device and environment. Location may be delayed, unavailable, or incorrect, particularly indoors, underground, near tall buildings, or without connectivity. Offline content may require advance download and sufficient storage. You should carry an alternative means of navigation when appropriate.
6. Purchases, subscriptions, and app marketplaces
Purchases may be processed by Apple, Google, or another marketplace. Prices, taxes, billing, renewals, cancellation, payment methods, and refunds are also governed by that marketplace’s terms. Unless stated otherwise at purchase, subscriptions automatically renew through the marketplace until cancelled in the relevant account settings.
We do not receive your full payment-card details. If a purchase does not unlock correctly, contact us with the non-sensitive transaction information available from the marketplace. Do not email complete card details.
7. EU and UK consumer rights
Nothing in these Terms excludes rights that cannot lawfully be excluded. If you are a consumer in the EEA or UK, mandatory consumer protections in your country continue to apply, including applicable conformity remedies and legal guarantees for digital content or services.
Where the law provides a 14-day withdrawal right for digital content, you may be asked to consent to immediate performance and acknowledge that the withdrawal right may be lost once downloading, streaming, or access begins. Refunds and remedies may also be administered by the marketplace that sold the content.
8. Availability and updates
We aim to keep the Services useful and available, but we do not promise uninterrupted or error-free operation. Destinations, tours, features, and content may be added, changed, suspended, or removed for safety, accuracy, licensing, maintenance, commercial, or legal reasons.
We may provide updates needed for security, compatibility, or conformity. Failure to install an update within a reasonable time may affect functionality or security. Your statutory rights concerning necessary updates remain unaffected.
9. Acceptable use
You agree not to misuse the Services, interfere with their operation, introduce malicious code, gain unauthorised access, impersonate another person, violate intellectual-property or privacy rights, use automated extraction tools, or use the Services in a manner that is unlawful, dangerous, fraudulent, or harmful to others.
10. Intellectual property
The Services—including software, design, routes, maps created by us, recordings, narration, text, photographs, illustrations, trademarks, and arrangement of content—are owned by or licensed to Tours & Travel and protected by intellectual-property laws. Third-party map data, landmarks, names, and other materials remain the property of their respective owners.
11. Third-party services and content
The Services may link to or depend on app marketplaces, mapping platforms, transport operators, venues, websites, and other third parties. We do not control those services and are not responsible for their separate terms, privacy practices, availability, or content. A link, mention, or route near a business does not imply endorsement.
12. Feedback
If you voluntarily send ideas or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or payment. This does not transfer ownership of personal data, which remains governed by our Privacy Policy.
13. Disclaimer of warranties
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability. We do not warrant that any route, recommendation, destination, or third-party information is safe, open, suitable, or current.
This section does not limit statutory guarantees or other rights that cannot be waived under the law applicable to you.
14. Limitation of liability
To the maximum extent permitted by law, Tours & Travel and its directors, employees, contractors, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, opportunity, goodwill, or travel enjoyment arising from the Services.
Where liability may lawfully be limited, our total aggregate liability arising from the Services will not exceed the greater of the amount you paid us for the affected Service during the 12 months before the claim or USD $100. These limitations do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, violation of mandatory consumer rights, or any liability that applicable law does not permit us to limit.
15. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold Tours & Travel harmless from third-party claims arising from your unlawful misuse of the Services or material breach of these Terms. This provision does not apply where prohibited by consumer law.
16. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate access when reasonably necessary to protect users, comply with law, address security risks, or respond to a material breach. Provisions that by their nature should survive termination—including intellectual property, disclaimers, liability limits, and dispute terms—will survive.
17. Changes to these Terms
We may update these Terms to reflect product, legal, security, or operational changes. The updated Terms will show a new effective date. If a change materially affects your rights, we will provide reasonable notice where required. Continued use after the effective date constitutes acceptance, except where law requires affirmative consent.
18. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to mandatory law, courts located in Santa Clara County, California will have jurisdiction.
If you are a consumer in the EEA, UK, Switzerland, or another jurisdiction with mandatory consumer protections, you also retain the protections of the law of your habitual residence and may bring proceedings in the courts available to you under that law. Before filing a claim, we encourage you to contact us so we can try to resolve the issue informally.
19. General terms
If any provision is unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, reorganisation, asset transfer, or by operation of law, subject to applicable consumer protections. These Terms and any product-specific terms are the entire agreement concerning the Services.
20. Contact
Questions about these Terms may be sent to hello@toursandtravel.app.