Terms of Service

1. Acceptance of Terms

By accessing and using TravelTracker ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these terms, you should not use this service.

2. Description of Service

TravelTracker is a web application that allows users to track their travel experiences, manage trip information, upload photos, and maintain a personal travel history.

Service Features Include:

• Trip planning and management
• Location tracking and mapping
• Photo storage and organization
• Travel statistics and analytics
• World Heritage Sites and National Parks tracking
• Progressive Web App functionality (requires internet connection)
• Trip sharing and collaboration
• Journal entries for documenting travel experiences

3. User Accounts

To use certain features of the Service, you must register for an account. You are responsible for maintaining the confidentiality of your account credentials.

Account Requirements:

• You must be at least 13 years old to create an account
• You must provide accurate and complete information
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized use

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

Prohibited Activities:

• Uploading malicious content or viruses
• Attempting to gain unauthorized access to our systems
• Using the service to harass, abuse, or harm others
• Violating any applicable laws or regulations
• Impersonating others or providing false information
• Interfering with the proper functioning of the service
• Uploading content that infringes copyright or other intellectual property rights

5. Content and Intellectual Property

You retain ownership of content you upload to the Service, including photos, journal entries, and trip information. However, you grant us a license to use, store, and display your content as necessary to provide the Service. WE DO NOT SELL ANY USER DATA.

Content Guidelines:

• You must own or have rights to all content you upload
• Content must not violate any third-party rights
• We reserve the right to remove inappropriate content
• You are responsible for backing up your content

5.1 Journal Entries:

• You retain full ownership of all journal entries you create
• Journal entries are plain text and stored as part of your trips
• Journals in private trips remain private to you
• Journals in shared trips are visible to anyone with the share link
• Journals in jointly owned trips are visible and editable by all joint owners

6. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information, including our compliance with GDPR and other data protection regulations.

Data Protection Measures:

• Encryption of sensitive data
• Secure file upload validation
• Regular security audits
• CSRF protection and rate limiting

6.1 GDPR Rights:

If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). For detailed information about your rights and how to exercise them, please refer to our Privacy Policy, which includes information about data portability, erasure, access, and correction rights.

7. Service Availability

We strive to maintain high availability but cannot guarantee uninterrupted access to the Service. We may modify, suspend, or discontinue the Service at any time.

7.1 Internet Connection Required:

TravelTracker requires an active internet connection to function. The Service is not available for offline use. If you lose your internet connection while using TravelTracker, you will see an offline notification and will be unable to access the application until connectivity is restored. This requirement ensures data integrity and prevents synchronization issues.

8. Subscription and Payment Terms

Some features of the Service require a paid subscription. By purchasing a subscription, you agree to the following payment terms.

8.1 Subscription Plans:

• Free Plan: Basic trip tracking, limited photo storage (200MB total), journal entries
• Premium Plan: Unlimited photo storage, unlimited journal entries, advanced location tracking (World Heritage Sites, National Parks), enhanced statistics and analytics, trip collaboration features, priority support

8.2 Payment Processing:

• Subscription management and entitlement verification are handled by RevenueCat, our subscription infrastructure provider
• On the web, payments are processed securely through Stripe via RevenueCat
• On iOS, payments are processed through Apple In-App Purchases as required by Apple
• On Android, payments are processed through Google Play Billing
• We do not store your credit card or payment information directly
• Subscriptions are billed automatically on a recurring basis
• All prices are in USD unless otherwise specified
• A subscription purchased on any platform grants access across all platforms (web, iOS, Android)

8.3 Billing and Renewals:

• Subscriptions automatically renew unless cancelled
• You will be charged at the beginning of each billing cycle
• Price changes will be communicated 30 days in advance
• Failed payments may result in service suspension

8.4 Cancellation and Refunds:

• You may cancel your subscription at any time from your account settings (web) or through your device's subscription management (iOS Settings or Google Play)
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Premium features remain active until the end of your paid period
• Refunds for subscriptions purchased through Apple or Google are subject to their respective refund policies
• Refunds for web subscriptions may be provided at our discretion for technical issues or billing errors

8.5 Free Trial:

• Free trials, when offered, are limited to one per user
• You must provide payment information to start a trial
• You will be charged automatically unless you cancel before the trial ends
• We reserve the right to modify or discontinue free trial offers

9. Trip Sharing and Collaboration

9.1 Trip Sharing:

TravelTracker allows you to share your trips with others through secure share links. When you create a share link:

• You remain the owner of the shared content
• You are responsible for all content you choose to share publicly
• You can revoke share links at any time from your account settings
• We are not liable for content accessed via share links
• Share links make your trip accessible to anyone with the link

9.2 Read-Only Sharing (All Users):

• Both Free and Premium users can create unlimited read-only share links
• Recipients with read-only links can view but not modify trip content
• Share links can have optional expiration dates
• You control who has access by managing share link distribution

9.3 Collaborative Editing (Premium Only):

• Premium users can grant editing access to other Premium users for collaborative trip planning
• Both users must have active Premium subscriptions to collaborate
• Original trip creator retains ownership but grants equal editing rights to collaborators
• Collaborators' contributions become part of the shared trip
• Original creator can revoke editing access at any time

9.4 Content Shared Publicly:

When you share trips publicly through share links:

• You understand that shared trips are accessible to anyone with the link
• You should not share trips containing sensitive personal information, home addresses, or private details
• We reserve the right to remove shared content that violates these Terms or applicable laws
• You may be subject to enforcement action if shared content violates our Acceptable Use policy

9.5 Shared Content Liability:

• The user who creates and distributes the share link is solely responsible for all shared content
• We are not responsible for disputes between collaborators regarding shared content
• You should not share trips containing others' personal information without their explicit consent
• You agree to indemnify us for any claims arising from your shared content

9.6 Joint Ownership of Merged Trips:

When Premium users merge trips or grant full collaborative access, trips become jointly owned with equal rights:

• All joint owners have equal and permanent rights to the trip
• Collaborators cannot be removed once a trip is merged - joint ownership is permanent and irrevocable
• Any joint owner can delete the entire trip, which permanently deletes it for all owners
• Any joint owner can edit all trip content, including photos, locations, and journal entries uploaded by other owners
• Any joint owner can delete any photos in the trip, regardless of who uploaded them
• All joint owners share equal responsibility for all content in the trip

9.7 Downgrading and Joint Ownership:

• If you downgrade from Premium to Free, you lose editing rights to jointly owned trips
• You retain Premium features, including editing access, until the end of your current billing period
• After your billing period ends, you will have read-only access to jointly owned trips
• To regain editing rights, you must upgrade back to Premium
• Your joint ownership status is not affected by downgrades - you remain a joint owner with read-only access

9.8 Account Deletion and Joint Trips:

• Account deletion by any joint owner results in permanent deletion of all jointly owned trips
• All photos, journal entries, locations, and data in the joint trip are permanently deleted
• Other joint owners will lose access to the entire trip immediately
• No data export or recovery is possible once a trip is deleted
• Consider carefully before merging trips or deleting your account if you have joint trips

9.9 Leaving Shared Trips:

Joint owners can leave a shared trip at any time through the Co-Owners modal. When you leave a shared trip:

• You voluntarily relinquish all access and editing rights to the trip
• Your personal statistics (countries visited, travel achievements, badges) are automatically recalculated to exclude data from the trip you left
• Content you contributed (photos, journal entries, locations) remains part of the trip for other co-owners
• You cannot undo leaving a trip - you would need to be re-invited by an existing co-owner
• If you are the last co-owner and leave, the entire trip is permanently deleted

9.10 Being Removed from Shared Trips:

Currently, co-owners cannot be removed by other co-owners - joint ownership is permanent. However:

• A co-owner may choose to leave voluntarily at any time
• If a co-owner violates these Terms of Service, we may remove them or terminate their account
• When removed or after leaving, your statistics are automatically updated to reflect only your remaining trips

9.11 Transferring Trip Ownership:

If you wish to leave a jointly owned trip but don't want the trip deleted:

• Ensure at least one other co-owner exists before leaving
• When you leave, ownership transfers to the remaining co-owners automatically
• The trip continues to exist with all its content for the remaining owners
• Your contributions remain part of the trip after you leave

10. Photo Storage and Content

10.1 Photo Upload and Storage:

Photos are stored using Backblaze B2 cloud storage infrastructure. Storage limits and features vary by account type:

• Free users: Maximum 200MB total storage (fixed limit, not monthly renewal)
• Premium users: Unlimited photos and unlimited storage
• Supported formats: JPG, PNG, HEIC
• Maximum file size: 25MB per photo
• RAW photo formats are not supported

10.2 Storage Limit Enforcement:

• When Free users reach their storage limits, they will be prompted to upgrade to Premium or delete existing photos
• Free users can delete photos to get back under their storage cap and resume uploading
• We will not delete your existing photos without notice
• We may prevent new uploads if storage limits are exceeded

10.3 Photo Ownership and Rights:

• You retain full ownership of all photos you upload
• You grant us a license to store, display, and process your photos solely to provide the Service
• We do not sell, license, or share your photos with third parties except as necessary for service delivery (e.g., cloud storage provider)
• Photos in shared trips are visible to all users with access to the share link
• Photos in jointly owned trips are visible to all joint owners and can be deleted by any joint owner

10.4 Photo Deletion and Retention:

• You can delete photos at any time from your trips
• Deleted photos are permanently removed from cloud storage
• If you delete your account, all your photos are retained for 30 days to allow account reactivation, then permanently deleted
• Photos in jointly owned trips remain accessible to other joint owners even if you delete your account, unless the entire trip is deleted
• We maintain database backups for operational purposes, but we are not a backup service

10.5 Photo Metadata and GPS Information:

• Photos may contain GPS data and other metadata (EXIF data) captured by your camera or smartphone
• Photos are uploaded with their original metadata intact
• We currently do not extract, use, or display GPS data from photo metadata
• We reserve the right to use photo GPS data in the future to enhance service features (such as automatic location detection), and will provide notice before implementing such features
• Be aware that photos shared publicly may contain location information in their metadata

10.6 Acceptable Photo Content:

• You are responsible for ensuring all uploaded photos comply with our Acceptable Use policy
• Photos must not contain illegal content or violate third-party rights
• We reserve the right to remove photos that violate these Terms
• Repeated violations may result in account termination

11. Location Data and Geographic Information

11.1 Location Data Collection:

We may collect and use location data to enhance your experience:

• Device GPS/location access is requested only when you actively click to find nearby locations
• Your device will prompt for permission before we can access location data
• GPS data is used solely to suggest visited locations near your current position
• We do not track your real-time location or movement
• You manually select which countries, states, cities, national parks, and heritage sites to add to your trips

11.2 Mapping and Location Services:

• We use OpenStreetMap for displaying maps and geographic visualizations
• When you view maps, your location data may be shared with OpenStreetMap to load map tiles
• We use Google Geocoding API to search for locations (cities, hotels, attractions, addresses)
• When you search for locations, your search queries are sent to Google to find matching results
• Search results are cached to improve performance and reduce API usage
• OpenStreetMap has its own privacy policy governing their data practices
• Google has its own privacy policy governing their geocoding services

11.3 Location Accuracy Disclaimer:

• Location information provided by the Service may be inaccurate or outdated
• We rely on third-party data sources for national parks, UNESCO World Heritage Sites, and other location information
• Geographic coordinates and location names are provided "as is" without warranty
• We are not responsible for errors, omissions, or inaccuracies in geographic data

11.4 Location Privacy:

• Location data in shared trips is visible to anyone with the share link
• Be cautious when sharing trips that contain your home address or other sensitive locations
• You can choose which locations to include in your trips
• Review your shared trips to ensure they don't reveal sensitive location information

12. Third-Party Services

12.1 Third-Party Service Providers:

We use third-party services to provide and improve TravelTracker. Your data may be shared with these providers as necessary to deliver the Service:

• RevenueCat: Subscription management and entitlement verification - RevenueCat Privacy Policy
• Stripe: Payment processing (via RevenueCat for web subscriptions) - Stripe Privacy Policy
• Backblaze B2: Cloud photo storage - Backblaze Privacy Policy
• OpenStreetMap: Mapping and location services - OpenStreetMap Privacy Policy
• Google Geocoding API: Location search and address lookup - Google Privacy Policy
• National Park Service (NPS): National parks data and information
• UNESCO: World Heritage Sites data and information
• Akamai Cloud: Hosting infrastructure

12.2 Third-Party Responsibility:

• We are not responsible for third-party service outages, errors, or data breaches
• Each third-party service has its own terms of service and privacy policy
• We do not control how third parties process your data
• We select third-party providers that maintain reasonable security and privacy standards

13. Content Moderation and Copyright

13.1 Content Moderation:

We currently do not actively moderate user-generated content. However:

• We reserve the right to review and remove content that violates these Terms
• Users can report inappropriate content, copyright violations, or other concerns to [email protected]
• We will investigate all reports and take appropriate action
• We may implement active content moderation in the future

13.2 DMCA Safe Harbor Notice:

TravelTracker qualifies as an "online service provider" under the Digital Millennium Copyright Act (17 U.S.C. § 512). We claim the protections and immunities of the DMCA Safe Harbor provisions for user-generated content hosted on our platform.

As a condition of these Safe Harbor protections:

• We do not have actual knowledge of infringing material on our Service
• We are not aware of facts or circumstances from which infringing activity is apparent
• Upon obtaining such knowledge or awareness, we act expeditiously to remove or disable access to the allegedly infringing material
• We do not receive a financial benefit directly attributable to infringing activity in cases where we have the right and ability to control such activity
• We have designated an agent to receive notifications of claimed infringement as described below

13.3 DMCA Copyright Compliance:

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to valid notices of copyright infringement. Upon receipt of a valid DMCA takedown notice, we will act expeditiously to remove or disable access to the allegedly infringing material, typically within 24-72 hours.

13.4 Designated DMCA Agent:

Our DMCA agent is registered with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2). You can verify our registration at https://www.copyright.gov/dmca-directory/.

13.5 Filing a DMCA Takedown Notice:

If you believe that content on TravelTracker infringes your copyright, please send a written notice to our DMCA agent at the address above that includes:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and information sufficient to locate it on the Service
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement under penalty of perjury that the information provided is accurate and you are authorized to act on behalf of the copyright owner

13.6 Counter-Notice:

If you believe that material you posted was wrongly removed due to a DMCA notice, you may send a counter-notice to our DMCA agent containing:

• Your physical or electronic signature
• Identification of the material that was removed
• A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification
• Your contact information and consent to jurisdiction in your district

13.7 Repeat Infringer Policy:

• We will terminate accounts of users who repeatedly infringe copyright
• Repeat infringers will have their accounts permanently disabled
• No refunds will be provided for accounts terminated due to copyright infringement

13.8 Enforcement for Other Violations:

For non-copyright violations of our Acceptable Use policy:

• We will evaluate violations on a case-by-case basis
• Minor violations may result in warnings and temporary restrictions
• Severe violations (illegal content, harassment, malicious activity) will result in immediate account termination
• No refunds will be provided for accounts terminated due to Terms violations
• We reserve the right to report illegal activity to law enforcement

13.9 Good Faith Content Removal:

We will not be liable to any user for removing or disabling access to material in good faith based on a claim of copyright infringement, regardless of whether the material is ultimately determined to be infringing. This protection applies even if the removed material was not infringing, provided we acted in good faith based on the notice received.

14. Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We are not a backup service and do not guarantee preservation of your data.

15. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service, including but not limited to loss of data, loss of photos, or loss of access to shared trips.

16. Force Majeure

We are not liable for failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather
• War, terrorism, riots, civil unrest, or acts of military authorities
• Pandemics, epidemics, or public health emergencies
• Internet service provider failures, network outages, or infrastructure failures
• Third-party service provider outages (cloud storage, payment processing, etc.)
• Government actions, embargoes, or legal restrictions
• Strikes, labor disputes, or shortages of materials or transportation
• Cyber attacks, data breaches at third-party providers, or other security incidents beyond our control

During force majeure events, our performance obligations are suspended, and we will not be liable for delays or failures to perform. We will make reasonable efforts to resume normal operations as soon as practicable.

17. User Indemnification

You agree to indemnify, defend, and hold harmless TravelTracker, Punk Industries, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and costs) arising from or related to:

• Your use or misuse of the Service
• Your content, including photos, journal entries, and trip information
• Your violation of these Terms of Service
• Your violation of any rights of another party, including copyright infringement
• Content you share publicly through share links
• Your participation in jointly owned trips
• Any false or misleading information you provide
• Your violation of applicable laws or regulations

This indemnification obligation survives termination of your account and your use of the Service.

18. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that violates these Terms or is harmful to other users or the Service.

18.1 Termination by You:

• You may terminate your account at any time through your account settings
• You may request data export before termination by contacting [email protected]. Data export includes trip information, journal entries, locations, and profile data in machine-readable format (photos not included due to file size limitations). We will provide the data export within 30 days of your request.
• Paid subscriptions will remain active until the end of the billing period
• No refunds will be provided for unused subscription time
• If you have jointly owned trips, deleting your account will permanently delete those trips for all joint owners

18.2 Termination by Us:

• We may terminate accounts for violation of these Terms
• We may suspend service for non-payment after 7 days past due
• We will provide 30 days notice for termination without cause
• Immediate termination may occur for security, legal, or severe Terms violations
• No refunds will be provided for accounts terminated due to Terms violations

18.3 Data Retention After Termination:

• Account data is retained for 30 days to allow reactivation
• Travel content and photos are permanently deleted after 30 days
• Payment records retained for 7 years for legal compliance
• Usage logs retained for 1 year for security purposes
• You may request immediate deletion by contacting support

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

20. Dispute Resolution

20.1 Informal Resolution:

Before filing any formal dispute, you agree to first contact us at [email protected] to seek an informal resolution. We will work with you in good faith to resolve any concerns.

20.2 Binding Arbitration:

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or your use of the Service shall be resolved through binding arbitration conducted by a single arbitrator under the rules of the American Arbitration Association. The arbitration shall be conducted in English and held in Delaware, United States, or conducted remotely by video conference.

20.3 Class Action Waiver:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRAVELTRACKER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND TRAVELTRACKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

20.4 Exceptions:

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. For any disputes not subject to arbitration, the courts of Delaware shall have exclusive jurisdiction.

22. Contact Information

23. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its original intent.