Terms of Service

These Terms of Service ("Terms") govern your use of the GuideBy mobile application for Android and iOS (the "App") and the guideby.co website (collectively, the "Service"), developed and operated by Wesley Santos Miyaguti, an individual developer operating under the laws of the Netherlands ("we," "us," or "our").

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

Minimum Age Requirement: You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you are at least 16 years old. When you create an account, your acceptance of these Terms and our Privacy Policy is confirmed on the authentication screen.

GuideBy is an AI-powered travel planning application that provides:

• AI-Generated Itineraries: Automated travel itinerary generation based on your destination, preferences, and travel style, powered by third-party AI models.
• Audio Guides: On-device text-to-speech audio guides for activities in your itinerary.
• Trip Management: Create, edit, save, and organize travel itineraries.
• Trip Sharing: Share your itineraries with other users via share links.
• Hotel Search: Search for hotels at your destination via Booking.com affiliate links.
• Ticket Search: Search for tickets, tours, and experiences at your activities via Viator and GetYourGuide affiliate links.
• Maps: View activity locations on static map previews.

The Service requires an internet connection for core features including account creation, trip generation, data synchronization, and hotel search. Some features, including viewing previously generated trips and on-device audio guides, are available offline.

3.1 Registration

You may create an account using email and password or Google Sign-In. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain and promptly update your account information.
• Maintain the security of your password and account credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

3.2 Account Limits

Each individual may maintain only one account. We reserve the right to remove duplicate accounts.

3.3 Account Deletion

You may delete your account at any time. Upon account deletion, your cloud-stored data will be removed within 30 days. Locally stored data on your device will persist until you uninstall the App.

4.1 Nature of Content

The travel itineraries, activity descriptions, audio guide scripts, and other content generated by the Service are produced by third-party artificial intelligence models (including but not limited to models accessed via OpenRouter and Google Gemini). This content is:

• Informational only and is provided for general planning and entertainment purposes.
• NOT professional travel advice, safety guidance, financial advice, medical advice, or legal advice.
• Machine-generated, not authored, reviewed, or verified by human travel professionals.

4.2 No Warranty of Accuracy

AI-generated content may contain inaccuracies, errors, or outdated information. Specifically, but without limitation:

• Addresses, phone numbers, and business hours may be incorrect or outdated.
• Cost estimates and pricing information may be inaccurate.
• Safety information and travel advisories may be incomplete, incorrect, or outdated.
• Activity descriptions, historical facts, and cultural information may contain errors.
• Suggested routes and transportation options may be impractical or unavailable.

4.3 User Responsibility

You are solely responsible for independently verifying all information provided by the Service before making travel decisions. We strongly recommend:

• Checking official government travel advisories for your destination.
• Confirming business hours, availability, and pricing directly with service providers.
• Verifying addresses and directions using official mapping services.
• Consulting qualified professionals for safety, health, and legal concerns related to your travel.

4.4 Travel Risk Disclaimer

GuideBy is not a travel agency, tour operator, or travel advisor. We do not:

• Arrange, book, or manage travel services.
• Guarantee the safety, quality, or availability of any suggested activity, location, or service.
• Assume responsibility for your personal safety, health, or well-being while traveling.

Travel inherently involves risks. You assume full responsibility for your travel decisions and activities.

4.5 EU AI Act Transparency

In compliance with the EU Artificial Intelligence Act, we disclose that:

• The Service uses generative artificial intelligence to create travel itinerary content.
• All AI-generated content is machine-generated and has not been authored by a human.
• The AI models used are provided by third-party services (OpenRouter, Google Gemini) and we do not control their training data or underlying algorithms.

5.1 App Ownership

The App, including its source code, design, trademarks, and original content, is owned by Wesley Santos Miyaguti and is protected by applicable intellectual property laws.

5.2 AI-Generated Content

AI-generated itineraries, descriptions, and audio guide scripts are provided for your personal, non-commercial use. Per current legal guidance, purely AI-generated content may not be eligible for copyright protection. You may use generated content for your personal travel planning purposes.

5.3 Third-Party Content

• Pexels Images: Images sourced from Pexels are subject to the Pexels License. Attribution is not required but appreciated.
• Google Maps: Map imagery and data are subject to Google Maps Terms of Service.
• Booking.com: Content displayed on Booking.com is subject to Booking.com's terms and conditions.

6.1 Affiliate Disclosure

The App contains links to Booking.com for hotel search functionality, and Viator and GetYourGuide for ticket/experience search functionality. Disclosure: We participate in the Booking.com, Viator (via CJ Affiliate), and GetYourGuide affiliate programs and may earn a commission when you make a booking through these links. This comes at no additional cost to you and does not affect the prices you see on these platforms.

6.2 Third-Party Integrations

The Service integrates with the following third-party services:

6.3 No Endorsement

The inclusion of third-party services does not constitute an endorsement of, or responsibility for, those services. Each third-party service is governed by its own terms and privacy policy. We are not responsible for the content, privacy practices, or availability of third-party services.

You agree not to:

• Reverse engineer, decompile, or disassemble the App or any part of it.
• Abuse APIs by circumventing rate limits, automating requests, or otherwise using the Service in a manner not intended by its design.
• Use the Service for commercial purposes (including reselling AI-generated content) without prior written authorization.
• Distribute harmful content through the trip sharing feature, including content that is defamatory, obscene, threatening, or otherwise objectionable.
• Scrape or systematically extract data from the Service.
• Attempt to gain unauthorized access to other users' accounts, our servers, or third-party services accessed through the App.
• Use the Service in any manner that violates applicable local, national, or international laws or regulations.

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• AI-generated content will be accurate, complete, or reliable.
• The Service will meet your specific requirements.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESLEY SANTOS MIYAGUTI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill.
• Travel-related personal injury, property damage, or financial loss.
• Reliance on AI-generated content that proves to be inaccurate.
• Failures, errors, or outages of third-party services.
• Unauthorized access to or alteration of your data.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR EUR 50, WHICHEVER IS GREATER.

8.3 Savings Clause

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

8.4 EU Consumer Protection

Nothing in these Terms shall limit or exclude liability in a manner that is not permitted under EU consumer protection law, including but not limited to liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under mandatory applicable law.

You agree to indemnify, defend, and hold harmless Wesley Santos Miyaguti from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your reliance on AI-generated content for travel or other decisions.
• Your violation of any third-party rights.
• Content you share through the Service.

To the extent permitted by applicable law, this indemnification obligation shall survive the termination of your account and these Terms.

10.1 Informal Resolution

Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at privacy@guideby.co with a description of your concern. We will endeavor to resolve the dispute within 30 days of receiving your notice.

10.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

10.3 Jurisdiction

Any disputes arising from or related to these Terms or the Service that cannot be resolved informally shall be submitted to the competent courts in the Netherlands.

10.4 EU Online Dispute Resolution

If you are a consumer residing in the European Union, you may also submit a complaint through the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

10.5 No Mandatory Arbitration

We do not require mandatory arbitration, as such provisions are generally unenforceable under EU consumer protection law.

11.1 Termination by You

You may terminate your use of the Service at any time by:

1. Deleting your account through the App.
2. Uninstalling the App from your device.

11.2 Termination by Us

We may suspend or terminate your access to the Service, with or without notice, if:

• You violate these Terms.
• Your use of the Service poses a security risk or may harm other users.
• We are required to do so by law.
• We discontinue the Service.

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Service ceases immediately.
• Cloud-stored data associated with your account will be deleted within 30 days.
• Locally stored data on your device will persist until you uninstall the App.
• Any shared trips will become inaccessible to recipients.

11.4 Surviving Provisions

The following sections survive termination: Section 4 (AI-Generated Content), Section 5 (Intellectual Property), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Dispute Resolution), and this Section 11.4.

We may update these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms.
• Provide notice through an in-app notification.

Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

If you have questions or concerns about these Terms, please contact us:

• Email: wsy.s.santos@gmail.com