Hereabouts terms of use

Last updated: [PLACEHOLDER: date of publication]. Version 1.0.

These terms are an agreement between you and Jamin Daniels, a sole developer in New South Wales, Australia ("we", "us"), about your use of the Hereabouts app and website (the "Service"). By using the Service you agree to them. If you do not agree, do not use it. Contact: support@hereabouts.example.

Apple's standard Licensed Application End User Licence Agreement also applies to the app. If there is a conflict about the app licence itself, Apple's terms prevail on those points.

1. Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on Apple devices you own or control, for your own non-commercial use, under the Apple Media Services terms and Family Sharing where enabled. You must not copy, resell, reverse engineer, scrape, or use the Service's generated narration or audio to build a competing product, except as the law allows. The app and its content, apart from third-party material, are ours or licensed to us. Third-party material (see Licences and credits) stays under its own licences.

2. Accounts

You do not need an account to use the app. If you create one (Sign in with Apple or email link), give accurate details and keep your sign in secure. You are responsible for activity on your account. You can delete your account at any time in Settings > Account.

3. Purchases and subscriptions

• Hereabouts is a paid app. Your first session is free, up to 20 minutes per device, so you can hear the guide before you pay. After that you need Hereabouts Plus to keep listening.
• Hereabouts Plus is an auto-renewing subscription (weekly, monthly, quarterly, half-yearly or yearly). Prices are shown in the app in your local currency. It renews automatically at the end of each period at the price shown, unless you cancel at least 24 hours before the period ends. Payment is charged to your Apple ID.
• Apple handles billing, cancellation and refunds. Manage or cancel a subscription in your Apple account settings (Settings > your name > Subscriptions). Request refunds from Apple at reportaproblem.apple.com. We cannot process refunds ourselves.
• Plus includes Explore, Guided tours, studio-quality AI guide voices generated by ElevenLabs, Talk and Type questions, and offline area downloads. Areas you have downloaded work offline while Plus is active. When Plus ends, new sessions stop until you subscribe again.
• Your iPhone's built-in voices are used only as a fallback for a whole session when the generated audio cannot be reached, for example when you are offline in an area you have not downloaded.
• We may change prices or features with notice. Price changes follow Apple's rules and you will be asked to agree where required.
• Fair use: voice and question features have usage caps to keep the Service sustainable. If you reach a cap we will say so in the app.

4. Gifts

• A gift is a year of Plus. Gifts are bought as in-app purchases, or on our website by card through Stripe for people who do not have the app, giving a code to share by email, link or website.
• Website gift purchases are processed by Stripe under Stripe's terms. A refund of a website gift cancels any unredeemed code. Refund requests for website purchases go to us, not Apple.
• A code can be redeemed once, by one account, within 12 months of purchase. It cannot be used after it expires.
• Codes have no cash value, cannot be exchanged for money and cannot be resold or sold on marketplaces.
• If a gift purchase is refunded by Apple or by us, any unredeemed code is cancelled, and a redeemed one may be revoked.
• We may cancel codes and block accounts that we reasonably believe are obtained by fraud, stolen payment methods, abuse of promotions or automated redemption.
• Gifts have no effect on your rights under the Australian Consumer Law (section 11).

5. Content accuracy

Narration and answers are generated by AI from public sources such as Wikipedia, Wikidata and OpenStreetMap. They may be wrong, out of date, incomplete or badly pronounced, and opening hours, access, locations and safety conditions may differ from what you hear. Do not rely on the Service for safety, medical, legal, financial or travel decisions, or to decide if a place is open or safe to enter. Check official sources. Stories involving history, legend or the supernatural (such as the "haunted" tours) are for interest and entertainment.

6. Driving and safety

• Hereabouts is not a navigation tool. It does not give directions, warn you of hazards or replace road signs.
• Obey the road rules and local laws. Do not use or look at your phone while driving, riding or cycling beyond what the law lets you do. Use voice and physical buttons only.
• Passengers should operate the screen.
• Stay aware of your surroundings when walking, cycling or using headphones. Keep volume at a level where you can hear traffic and emergency vehicles.
• Never enter private property, restricted areas or unsafe places because of something you hear in the app.
• You are responsible for your safety and that of others. We are not responsible for incidents arising from your use of the Service while doing another activity.

7. Third-party guides directory

"Human guides near you" lists independent local guides. We do not provide, operate or control their tours, and we are not a party to any booking. We check listings but we do not guarantee quality, safety, availability or prices. Please read the guide's own terms and policies before you book.

Disclosures: some links are affiliate links and we may earn a commission if you book, at no extra cost to you. Entries marked "Sponsored" or "Featured" are paid placements. Affiliate and sponsored arrangements do not change what we say about a guide's quality. Purchases for guides take place on the guide's own site, never inside the app.

8. Acceptable use

You agree not to:

• use the Service unlawfully or to harm others;
• ask questions or attempt to make the guide produce hateful, sexual, violent or deceptive content, or try to bypass kids mode or other protections;
• interfere with the Service, probe its security, overload it, or use bots or scripts to get around caps or redeem codes;
• misuse gift codes, promotions or purchase mechanisms;
• misrepresent your identity or impersonate others;
• use the Service in a way that breaks the terms of our data sources, including excessive requests to Wikipedia, Wikidata or OpenStreetMap services.

9. Intellectual property and content licences

Hereabouts narration includes text derived from Wikipedia and Wikidata under CC BY-SA 4.0 and map data from OpenStreetMap under the ODbL. Where we adapt text, our adaptation is shared under the same licence as required. Attribution is shown in the app (Settings > Licences) and in docs and on the website. Your questions remain yours. You give us permission to process them to run the Service and to improve safety and quality.

10. Termination

You can stop using the app and delete your account at any time. We may suspend or end your access if you breach these terms, misuse the Service, or if we must for legal reasons, or if we discontinue the Service (we will give reasonable notice and, where you have paid for time that you cannot use, a fair remedy through Apple's refund process where it applies). Sections that by their nature should survive will survive.

11. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and to have the service rectified where it fails to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms limits those rights. If you are a consumer elsewhere, local mandatory consumer laws also still apply.

12. Disclaimers and liability

Subject to section 11 and to the extent the law allows: the Service is provided "as is" and "as available", we do not promise it will be uninterrupted, error free or suited to a particular purpose, and we are not liable for indirect or consequential loss, loss of data, or loss arising from your reliance on narration, answers or third-party content. To the extent we are allowed to limit liability for breach of a consumer guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied. Our total liability to you is otherwise limited to the greater of what you paid us in the 12 months before the claim and AUD 100.

13. Changes

We may update these terms. For material changes we will tell you in the app. Continued use after the change means you accept it.

14. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia, without limiting any rights you have under mandatory consumer law of where you live.

15. Contact

Jamin Daniels, [PLACEHOLDER: postal or business address], support@hereabouts.example.