Terms of Service

1. Acceptance of Terms

By accessing or using the Walking Tour Builder platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Walking Tour Builder provides software-as-a-service (SaaS) tools that allow organizations to create, publish, and manage GPS-guided walking tour web applications ("Tours"). The Service includes tour-building tools, audio narration generation, visitor-facing tour apps, analytics, and optional Done-For-You setup services.

3. Single-Tenant Use / No Subscription Sharing

Each subscription is granted to a single organization for that organization's own use only. The following are expressly prohibited:

• Using a single subscription to create, host, or manage Tours on behalf of multiple unrelated organizations, businesses, or entities;
• Reselling, sublicensing, or sharing subscription access with any third party;
• Operating the Service as a bureau, managed service, or white-label agency offering without a separate written agreement with Walking Tour Builder;
• Using one account to service multiple paying clients without a separate subscription for each client's organization.

Violations of this section may result in immediate account termination without refund.

4. Intellectual Property Rights

4.1 Walking Tour Builder's Intellectual Property

The Service, including all software, source code, algorithms, user interfaces, design elements, features, documentation, and underlying technology, is the exclusive intellectual property of Walking Tour Builder and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely as permitted by these Terms. No other rights are granted. Nothing in these Terms transfers any ownership interest in the Service to you.

4.2 Prohibited Acts

You agree not to, and not to permit any third party to:

• Copy, reproduce, distribute, republish, download, display, post, or transmit any portion of the Service in any form or by any means;
• Modify, translate, adapt, or create derivative works based on the Service;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying structure of the Service;
• Scrape, crawl, or use automated tools to extract data from the Service;
• Remove or alter any proprietary notices, labels, or marks on the Service;
• Frame, mirror, or otherwise simulate the appearance or functionality of the Service;
• Build a competing product or service using or based on the Service or its confidential information.

4.3 Your Content

You retain all rights to the text, images, audio, and other materials you upload to the Service ("Your Content"). By uploading Your Content, you grant Walking Tour Builder a worldwide, non-exclusive, royalty-free license to host, store, display, and process Your Content solely for the purpose of providing the Service. You represent and warrant that you own or have all necessary rights to Your Content and that it does not infringe any third-party rights.

5. Subscriptions and Billing

Subscriptions are billed monthly or annually in advance. By providing payment information, you authorize Walking Tour Builder to charge the applicable fees on a recurring basis until cancelled.

• Monthly subscriptions: Cancel anytime. Cancellation takes effect at the end of the current billing period. No partial-month refunds.
• Annual subscriptions: A pro-rated refund of unused months is available within 30 days of the annual renewal date. No refunds after 30 days.
• Free trial: No charge until the trial period ends. Cancel before the trial ends to avoid any charges.
• Plan changes: Upgrades take effect immediately; downgrades take effect at the next billing cycle.

6. Done-For-You Setup Services

Done-For-You build packages are one-time professional services subject to the following terms:

• Full refund if the project is cancelled before work has commenced.
• 50% refund if cancelled within 3 business days of the project kickoff date.
• No refund once more than 3 business days have elapsed since project kickoff, regardless of completion status.
• The client is responsible for providing all required content, images, branding materials, and approvals in a timely manner. Delivery timelines are estimates and commence upon receipt of all required materials.
• Build packages are delivered for a single organization's use only and may not be transferred or resold.
• Walking Tour Builder reserves the right to decline or discontinue a project if the client fails to provide required materials within 30 days of project kickoff, in which case a 50% refund will be issued.

7. Acceptable Use

You agree not to use the Service to:

• Upload or distribute malicious code, malware, or harmful content;
• Violate any applicable law, regulation, or third-party rights;
• Transmit unsolicited commercial communications;
• Impersonate any person or entity or misrepresent your affiliation;
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure;
• Attempt to gain unauthorized access to any portion of the Service or its related systems.

8. Termination

Either party may terminate these Terms at any time. Walking Tour Builder may suspend or terminate your account immediately and without notice for material breach of these Terms, including unauthorized use of subscriptions, IP violations, or non-payment. Upon termination, your license to use the Service ceases immediately. Your Content will be retained for 30 days following termination, after which it will be permanently deleted.

9. Disclaimer of 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, OR NON-INFRINGEMENT. WALKING TOUR BUILDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALKING TOUR BUILDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WALKING TOUR BUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WALKING TOUR BUILDER'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Walking Tour Builder and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Suffolk County, New York. You consent to personal jurisdiction in such courts.

13. Changes to These Terms

Walking Tour Builder reserves the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms may be directed to: hello@walkingtourbuilder.com