BeenThere

Terms of Service

Effective [EFFECTIVE DATE] · Last updated [EFFECTIVE DATE]

These Terms of Service (these "Terms") are a binding legal agreement between you and Prime Indigo LLC, a Connecticut limited liability company ("Prime Indigo," the "Company," "we," "us," or "our"), governing your access to and use of the BeenThere mobile application, together with all related features, content, and services we offer (collectively, the "App").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, USING GUEST MODE, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE APP.

NOTICE REGARDING DISPUTE RESOLUTION: SECTION 19 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW IT CAREFULLY.

1. About the App

BeenThere is a gamified exploration application. The App displays a fog-covered map that is revealed only in areas you have physically visited, and awards verified visit "stamps," badges, levels, and other achievements based on your real-world presence at places, verified using your device's location services. The App also offers optional social features, including friends, leaderboards, and place challenges.

The App is operated by Prime Indigo LLC. The App was created and is maintained by Emmanuel Kurinaah.

2. Eligibility

2.1 Minimum age: 18. You must be at least eighteen (18) years old to create an account or otherwise use the App. The App is not directed to anyone under 18, and we do not knowingly collect personal information from anyone under 18. If we learn that a user is under 18, we will terminate the account and delete its data.

2.2 Age confirmation. When you create an account you confirm that you are at least 18 years old. We also ask for your date of birth when you set up your account, before the App is available to you, so that we can confirm this; we use it to work out whether you meet the minimum age and we retain only your year of birth and the confirmation, not the full date. You agree to provide it accurately. Misrepresenting your age is a breach of these Terms and grounds for termination.

2.3 Age of majority. In a few states the age of majority is above 18. If you are 18 or older but have not yet reached the age of majority where you live, you may use the App only with the review and consent of a parent or legal guardian who agrees to these Terms on your behalf.

2.4 Geographic availability. The App is offered in the United States only. It is not directed to, or offered to, users in the European Economic Area, the United Kingdom, or other territories where we have not made it available. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

2.5 Capacity. By using the App you represent that you have the legal capacity to enter into these Terms and that you are not barred from using the App under any applicable law.

3. Accounts and Guest Mode

3.1 Registration. Certain features require an account. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You may not impersonate any person, use a username you are not entitled to use, or create an account for anyone other than yourself.

3.2 Credentials. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at support@beentherenow.app if you suspect unauthorized use of your account.

3.2.1 Two-factor authentication. The App offers optional two-factor authentication using an authenticator app or emailed codes, together with one-time recovery codes. If you enable it, you are responsible for keeping your authenticator, your recovery codes, and the email address you designate accessible to you. Turning it on signs you out on your other devices, and your emailed codes are sent to the address you verified at setup, so changing your account email later will not redirect them.

3.2.2 If you are locked out. If you lose access to every second factor and your recovery codes, there is no automatic way back in, by design. We may, at our discretion, offer a manual account-recovery process that requires you to verify your identity to our satisfaction and that includes a mandatory waiting period. We do not guarantee recovery, and we may decline any request we cannot verify. Requests are handled through support@beentherenow.app.

3.3 Guest Mode. The App may allow limited use without an account ("Guest Mode"). Progress made in Guest Mode is stored on your device, may be lost if the App is uninstalled, and may not transfer to a later-created account except as the App expressly provides. Social and account-dependent features are unavailable in Guest Mode.

3.4 One account. You may maintain only one active account. We may remove accounts created to evade a suspension, manipulate leaderboards, or otherwise abuse the App.

4. Location Data and Privacy

4.1 Location is core to the App. The App's central features (revealing the map, verifying visits, and awarding stamps) depend on access to your device's location services, including, where you grant it, background ("Always") location access. If you decline or revoke location permissions, core features will not function.

4.2 Privacy Policy. Our collection, use, retention, and deletion of personal information, including location information, are described in our Privacy Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy with respect to personal information, the Privacy Policy controls.

4.3 Your controls. The App provides controls over the visibility of your information to other users (including public, friends-only, and private profile modes), over your appearance on local leaderboards, and over device-level location and notification permissions. You are responsible for configuring these controls to your preference.

4.4 Account deletion. You may delete your account from within the App. Deletion removes your personal data as described in the Privacy Policy.

5. License to Use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use. All rights not expressly granted to you are reserved by the Company and its licensors.

6. User Content

6.1 Definition. "User Content" means content you submit to or create within the App, including notes, memoirs, place annotations, challenge messages, usernames, profile information, photographs you provide, and avatars generated at your request.

6.2 Ownership. You retain ownership of your User Content.

6.3 License to us. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, display, and distribute your User Content solely as necessary to operate, provide, improve, and promote the App's features (for example, showing your username and avatar to your friends, or displaying a challenge note to its recipient). This license ends when your User Content is deleted from the App, except (a) as retained in routine backups for a limited period, and (b) where content has been shared with other users who have not deleted it.

6.4 AI-generated avatars. The App may offer generation of a stylized avatar from a photograph you supply. You represent that you have the right to submit any photograph you provide and that it depicts you (or a person who has consented). Generated avatars are provided for use within the App; you are responsible for your use of them elsewhere. Avatar generation may be rate-limited or capped.

6.5 Responsibility and standards. You are solely responsible for your User Content. You represent that it does not violate law or the rights of any third party, and that it is not defamatory, obscene, harassing, hateful, or otherwise objectionable. We may (but are not obligated to) review, restrict, or remove User Content that we reasonably believe violates these Terms.

6.6 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

7. Verified Visits and Gameplay Integrity

7.1 How verification works. Visit verification is automated and probabilistic: it evaluates signals such as your device's reported location, time spent at a place, and movement patterns. Verification can produce errors in both directions: real visits may fail to verify, and the App may occasionally attribute a visit inaccurately. Stamps, badges, levels, streaks, and leaderboard placements are provided for entertainment; they have no monetary value, are not property, and may be recalculated, corrected, or removed at any time.

7.2 No location falsification. The integrity of "Been there? Prove it." depends on honest location data. You agree not to falsify, spoof, simulate, or manipulate location information supplied to the App, including through GPS-spoofing software, modified devices or operating systems, emulators, automation, or any similar means (excepting development testing by the Company).

7.3 Enforcement. We may void stamps, badges, achievements, or leaderboard entries obtained in violation of this Section, and may suspend or terminate accounts involved, with or without notice.

8. Acceptable Use

You agree that you will not:

9. Physical-World Safety; Assumption of Risk

9.1 You explore at your own risk. The App encourages real-world exploration. You are solely responsible for your safety and conduct while doing so. Places surfaced by the App (including attractions, businesses, parks, trails, and "featured" venues) are not vetted, endorsed, or guaranteed by the Company to be safe, open, lawful to enter, or suitable for any purpose.

9.2 Obey the law and respect property. You agree not to trespass or enter any location where you lack a legal right to be, and to comply with all applicable laws, rules, posted notices, and property owners' instructions while using the App.

9.3 No use while driving. Do not interact with the App while operating a vehicle, bicycle, or other conveyance, or while doing anything that requires your attention for safety.

9.4 Assumption of risk. To the maximum extent permitted by law, you assume all risks arising from your real-world activities in connection with the App, including injury, property damage, and interactions with third parties or animals, and you agree that the Company is not responsible for any harm arising from places you choose to visit or routes you choose to take.

10. Social Features

10.1 Friends and visibility. Social features (friend connections, leaderboards, profile viewing, challenges) expose limited information to other users, subject to your privacy settings. Review your settings before connecting with others.

10.2 Challenges. A challenge is an invitation from one user to visit a place; it carries no obligation. Challenges may expire (currently 30 days after they are sent), and completing a challenge requires a verified visit consistent with Section 7.

10.3 Blocking and reporting. The App provides tools to block users. We may, but are not obligated to, monitor interactions between users. We may act on reports of abusive behavior in our sole discretion, including by suspending or terminating accounts.

10.4 Your interactions. You are solely responsible for your interactions with other users. We make no representations about the identity, conduct, or intentions of any user.

11. Third-Party Services and Content

11.1 Mapping and place data. The App uses third-party mapping, geocoding, and place-information services, including Google Maps/Google Places and Mapbox. By using the App you also agree to be bound by the then-current Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) and applicable Mapbox terms, in each case to the extent those services are used within the App. Place details, including names, categories, hours, photographs, and locations, are supplied by third parties and may be inaccurate, incomplete, or out of date.

11.2 Imported content. Where the App allows you to share or import links to third-party content (for example, importing places mentioned in a publicly available social video), you are responsible for complying with the terms of the source platform. The App does not host third-party videos; it processes the material you direct to it in order to extract place information for your personal use.

11.3 Featured venues and promotions. The App may display featured establishments and partner offers. We are not a party to any transaction between you and a venue, and we are not responsible for the availability, quality, or fulfillment of any venue's goods, services, or promotions.

11.4 Links. The App may contain links to third-party websites or services that we do not control. We are not responsible for their content or practices.

12. Purchases, Caps, and Future Paid Features

12.1 Current model. The App is currently offered free of charge, with usage caps on certain cost-bearing features (for example, avatar generation and place imports).

12.2 Future paid features. We may introduce paid features, subscriptions, or in-app purchases. If we do, pricing and terms will be presented before purchase, billing will be processed by the applicable app store (Apple App Store or Google Play), and refunds will be governed by that store's policies. Paid features will be subject to these Terms unless separate terms are presented.

12.3 Changes to free features. We may modify, cap, or discontinue any free feature at any time, provided that any then-active paid entitlement will be honored for its paid term.

13. Intellectual Property

13.1 Our property. The App, including its software, design, graphics, fog and map presentation, badges, text, and all associated intellectual property rights, is owned by the Company or its licensors and is protected by copyright, trademark, and other laws. "BeenThere," the BeenThere logo, and associated marks may not be used without our prior written permission.

13.2 Reservation. Except for the limited license in Section 5 and your rights in your own User Content, nothing in these Terms transfers any intellectual property rights to you.

14. Copyright Complaints (DMCA)

If you believe content available in the App infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent:

Copyright Agent: Emmanuel Kurinaah
Prime Indigo LLC
2389 Main St., Ste 100
Glastonbury, CT 06033
Email: support@beentherenow.app

Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location within the App; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the copyright owner; and (f) your physical or electronic signature. We may remove content alleged to be infringing and may terminate repeat infringers' accounts.

15. Suspension and Termination

15.1 By you. You may stop using the App at any time and may delete your account within the App.

15.2 By us. We may suspend or terminate your access to the App, or any feature of it, at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or other users, or where required by law. We may also discontinue the App or any feature entirely.

15.3 Effect. Upon termination, your license under Section 5 ends and your right to access stamps, badges, progress, and other App data ceases. Sections that by their nature should survive termination (including Sections 6.6, 7.1, 9, 13, 14, and 16 through 21) survive.

16. Disclaimers

16.1 AS-IS. THE APP AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

16.2 No guarantee of accuracy or availability. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) LOCATION DETECTION, VISIT VERIFICATION, MAP REVEALS, OR PLACE INFORMATION WILL BE ACCURATE, TIMELY, OR RELIABLE; (b) THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (c) PROGRESS, STAMPS, OR OTHER DATA WILL NEVER BE LOST; OR (d) DEFECTS WILL BE CORRECTED. GPS AND DEVICE LOCATION TECHNOLOGIES HAVE INHERENT LIMITATIONS, AND BACKGROUND OPERATION IS SUBJECT TO OPERATING-SYSTEM BEHAVIOR OUTSIDE OUR CONTROL.

16.3 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

17. Limitation of Liability

17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR GAME PROGRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS (US $100) OR (b) THE AMOUNTS YOU PAID TO THE COMPANY FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17.3 THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) your real-world conduct in connection with the App, including trespass or personal injury.

19. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

19.1 Informal resolution first. Before filing a claim, you agree to contact us at support@beentherenow.app with a description of the dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.

19.2 Binding arbitration. Except as provided in Section 19.4, any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Hartford County, Connecticut, or, at your election, by videoconference or telephone. Judgment on the award may be entered in any court of competent jurisdiction.

19.3 Class action waiver. YOU AND THE COMPANY EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

19.4 Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or for unauthorized access to the App.

19.5 Opt-out. You may opt out of Sections 19.2 and 19.3 by emailing support@beentherenow.app within thirty (30) days of first accepting these Terms, with the subject line "Arbitration Opt-Out," your name, and the email associated with your account. Opting out does not affect any other provision of these Terms.

20. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. Subject to Section 19, the state and federal courts located in Hartford County, Connecticut will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

21. App Store Terms

21.1 Apple. If you download the App from the Apple App Store: (a) these Terms are between you and Prime Indigo LLC only, not Apple Inc. ("Apple"), and Apple is not responsible for the App or its content; (b) your license is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service (including Usage Rules); (c) Apple has no obligation to provide maintenance or support for the App; (d) in the event of a failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and, to the maximum extent permitted by law, Apple has no other warranty obligation; (e) Apple is not responsible for addressing any claims relating to the App, including product liability, legal/regulatory compliance, and consumer-protection claims; (f) in the event of a third-party claim that the App infringes intellectual property rights, the Company, not Apple, is responsible for its investigation, defense, settlement, and discharge; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21.2 Google. If you download the App from Google Play, your use is also subject to the Google Play Terms of Service.

22. Changes to the App and These Terms

We may modify the App at any time. We may also modify these Terms; if we make material changes, we will provide notice through the App or by other reasonable means before the changes take effect. Your continued use of the App after the effective date of updated Terms constitutes acceptance of them. If you do not agree to updated Terms, you must stop using the App.

23. General

23.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific features, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements on that subject.

23.2 Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.

23.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

23.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

23.5 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.

23.6 Export and sanctions. You agree to comply with all applicable export-control and sanctions laws in connection with the App.

23.7 Notices. We may provide notices through the App, by push notification, or by email to the address associated with your account. Legal notices to the Company must be sent to Prime Indigo LLC, 2389 Main St., Ste 100, Glastonbury, CT 06033, with a copy by email to support@beentherenow.app.

23.8 Survival. Provisions that by their nature should survive termination of these Terms will survive.

24. Contact

Questions about these Terms may be directed to:

Prime Indigo LLC
Attn: Emmanuel Kurinaah
2389 Main St., Ste 100
Glastonbury, CT 06033
Email: support@beentherenow.app

© [EFFECTIVE YEAR] Prime Indigo LLC. All rights reserved.