Terms of Service

Introduction

Welcome to Streetwise ("we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of the Streetwise iOS application and the website at streetwise.photo (together, the "Service").

Streetwise is a journal for street photography sessions. You record a walk, mark spots, and attach the photos you shot. A session can stay only yours, or be readable by the people who follow you, or by everyone.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Account Eligibility

1.1 Age Requirements

You must be at least 16 years old to create an account and use the Service. If you are under 16, you may not use the Service.

1.2 Account Accuracy

• You agree to provide accurate, current, and complete information when creating your account
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access to your account

1.3 One Account Per Person

You may only create one account. Multiple accounts by the same person are prohibited.

1.4 Reading without an account

Public sessions can be read on the website and in the app without an account. Recording, following, nodding, favouriting and notifications require an account.

2. Acceptable Use

2.1 Permitted Uses

You may use the Service to:

• Record photography sessions, including the route, the spots you mark, and the photos you attach
• Look back on your own journal
• Read sessions that other people have made public, or shared with followers when you follow them
• Follow people, and nod a session
• Keep a private favourite on your own sessions
• Share a session by link, or as a picture

2.2 Prohibited Conduct

You agree NOT to:

Content Violations:

• Post content that is illegal, harmful, threatening, abusive, harassing, defamatory, or hateful
• Upload content containing nudity, sexually explicit material, or graphic violence
• Share content that infringes on others' intellectual property rights
• Post spam, advertisements, or promotional content without authorization
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity

Technical Violations:

• Attempt to gain unauthorized access to the Service, servers, or databases
• Use automated scripts, bots, or scrapers to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Introduce viruses, malware, or harmful code
• Interfere with or disrupt the Service's functionality or servers

Community Violations:

• Harass, stalk, or intimidate other users
• Create a hostile or unsafe environment for others
• Discriminate against users based on race, ethnicity, religion, gender, sexual orientation, disability, or age
• Use the Service to organize or promote illegal activities

Location & Safety Violations:

• Publish a route or a spot that encourages trespassing or dangerous photography
• Provide misleading or false location information
• Use a session to expose someone else's private location

3. Your Content

3.1 Your Content Ownership

You retain ownership of the content you create, including:

• Photos
• Session titles, notes, and the route you record
• Spots and the notes on them

3.2 License to Streetwise

By putting content on the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that content so we can operate the Service: show it to you, sync it to your devices, and show a public or followers session to the people allowed to read it, including on streetwise.photo.

This license ends when you delete the content or your account, except for copies we need to keep for legal, security, or backup reasons, and except where someone else has already received a copy we cannot recall.

We do not sell your photos or your routes.

3.3 Who can see a session

• Public: anyone can read it, including someone with no account, in the app and at streetwise.photo
• Followers: you, and the people who follow you
• Private: only you

A spot has its own visibility. Someone has to be allowed to see both the session and the spot.

When you share a route, you can hide a radius around the start and around the finish. Other people then see that published route. The full track stays available to you.

A new session is public unless you choose otherwise. Making a session private, or being unfollowed, removes it from the devices of people who can no longer read it.

3.4 Nods and favourites

A nod is an acknowledgement on a session. The owner is notified. There is no public list of who nodded. A favourite is a private bookmark on your own sessions. It has no count and no audience.

3.5 Photos

Photos are attached to a session. People who can read the session can see its photos. You confirm that you have the right to the photos you add. Originals stay in your library; the Service stores a smaller JPEG for display, plus the time and position used to place the shot.

3.6 Moderation, reports, and blocks

We may review content, remove content that violates these Terms, and suspend or terminate accounts for repeated violations. We do not endorse content that users create.

Anyone can report a session, a spot, or a profile. A report is an email to us, so it can be read and answered. It includes the id of the thing reported and the author's username.

A block is mutual. Their sessions leave your feed and yours leave theirs, and any follow between you ends. Blocking needs a connection, because it is applied when sessions are read.

3.7 Copyright complaints

If you believe content on the Service infringes your copyright, email Contact email with:

1. Identification of the copyrighted work
2. Identification of the content, and where it appears
3. Your name, address, telephone number, and email
4. A statement that you have a good-faith belief the use is not authorised
5. A statement, under penalty of perjury, that you are the rights holder or authorised to act for them
6. Your physical or electronic signature

We will remove or disable access to content we believe infringes, notify the person who posted it when we can, and terminate accounts of repeat infringers.

4. Sessions, Routes, and Safety

Recording a session uses your location, including while the screen is off, so the route continues. You choose where you walk. We do not supervise sessions, inspect places, or guarantee that a route or a spot is accurate, current, legal, or safe.

See our Privacy Policy for how location is collected and who can see a published route.

5. Subscriptions

5.1 Plans

Streetwise has two plans:

• Free: the journal, including private sessions, with up to 10 completed sessions kept
• Pro: unlimited completed sessions. Pro is billed yearly or monthly. The yearly plan includes a 7-day free trial when that offer is shown at purchase

A session that is still being recorded does not take a free slot. Delete a completed session to free one.

Earlier Organizer and Patron subscriptions still count as Pro. Those plans are no longer sold.

5.2 Payment

• Pro is billed through the Apple App Store and charged to your Apple ID
• The price is shown in your local currency before you confirm
• A subscription renews automatically unless you cancel at least 24 hours before the end of the current period
• If you still have a subscription billed by Google Play, that purchase is managed in Google Play

Streetwise does not sell sessions, routes, or photographs between users, and does not take a payment from one user to another.

5.3 Refunds

Refunds for App Store purchases are handled by Apple under the App Store refund policy. Refunds for a Google Play purchase are handled by Google. Contact the store that billed you.

5.4 Cancellation

You can cancel anytime in your Apple ID subscription settings, or in Google Play if that is where you subscribed. Cancellation takes effect at the end of the current period. The Service stays on the Free plan after that.

6. Intellectual Property

6.1 Our Service

The Service, including its design, software, and the Streetwise name and logo, is owned by us or our licensors and is protected by intellectual property laws. You may not copy it, use it for a commercial product of your own, or remove notices, except as these Terms allow.

6.2 Trademarks

"Streetwise" and the Streetwise logo are trademarks. You may not use them without our written permission.

6.3 Maps

Map tiles are provided by Apple. A route drawn on those tiles is your content. We do not claim ownership of the map.

7. Privacy

Our Privacy Policy explains what we collect, how we use it, how long we keep it, and the rights you have under GDPR and the CCPA. By using the Service, you agree to that policy.

8. Termination

8.1 By you

You may delete your account in Settings. Deletion is permanent.

8.2 By us

We may suspend or terminate your account if you violate these Terms, harm other people, or if the law requires it, or if we discontinue the Service.

8.3 Effect

When an account ends, access stops, your content is deleted subject to any legal duty to keep it, and a subscription is cancelled without a refund for time already paid. These Terms still cover disputes that arose before termination.

9. Disclaimers and Liability

9.1 "As is"

9.2 Limitation

Some jurisdictions do not allow these limits. Where they do not, the limits apply only as far as the law allows. Nothing in these Terms excludes liability that cannot legally be excluded, including for death or personal injury caused by negligence, or for fraud.

9.3 Routes

10. Indemnification

You agree to indemnify and hold harmless Streetwise from claims, damages, losses, and reasonable legal expenses arising from your content, your use of the Service, your violation of these Terms, or your violation of someone else's rights, to the extent permitted by law.

11. Disputes

11.1 Governing law

These Terms are governed by the laws of Spain. Streetwise is established in Barcelona. If you are a consumer in the European Union, you also keep the mandatory protections of the country where you live.

11.2 Courts

The courts of Barcelona have jurisdiction, except where consumer law gives you the right to bring a claim in the courts of the country where you live. An EU consumer may also use the European Commission's online dispute resolution platform.

12. General

12.1 Changes

We may update these Terms. We will post the new version and change the date above. For a material change we will also notify you in the app. Continuing to use the Service after the change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

12.2 Severability

If a provision is found invalid, the rest stays in effect.

12.3 Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and Streetwise about the Service.

12.4 No waiver

If we do not enforce a provision, we can still enforce it later.

12.5 Assignment

You may not assign these Terms. We may assign them to a successor.

12.6 Contact

13. Apple

If you downloaded the app from the App Store, these terms apply as Apple requires:

• These Terms are between you and Streetwise, not Apple. Apple is not responsible for the app or its content.
• The license is a non-transferable license to use the app on Apple-branded products you own or control, under Apple's Usage Rules.
• Apple has no duty to maintain or support the app. Write to Contact email.
• Apple is not responsible for product-liability claims, claims that the app fails a legal requirement, or consumer-protection claims, to the extent those are claims against the developer.
• Apple is not responsible for investigating an intellectual-property claim against the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.