Terms of Use — While We’re Here

Quick summary (not a substitute for the full Terms)

• While We're Here points out interesting places near you and can read short descriptions aloud. It is not a navigation app.
• Keep your eyes on the road. Obey traffic laws and signs, even if a callout mentions a place nearby. You are responsible for how you drive and when you use the App.
• If you are walking or hiking, you decide where it is safe and legal to go. A place being mentioned does not mean it is open, public, or safe.
• Place descriptions come mostly from Wikipedia, Wikidata, and OpenStreetMap, with photos from Wikimedia Commons, and can be wrong or out of date.
• The App is free to download. An optional one-time purchase unlocks the full App, and Google Play handles payment and refunds.
• The App is provided as-is, and our liability is limited (see Sections 13–15).

1. Agreeing to these Terms

These Terms of Use ("Terms") apply when you download, install, or use While We're Here ("the App"). By using the App, you are agreeing to these Terms. If you don't agree, please don't use the App, and uninstall it.

The App is offered by Funtiviti LLC ("we," "us," "our," or "Developer"). "You" means the person using the App.

These Terms and our Privacy Policy go together. The Privacy Policy explains what information the App uses and how. If the two documents disagree about a privacy topic, the Privacy Policy wins on that topic.

2. What the App does — and what it doesn't

While We're Here is a living travel guide. When you tap Let's Go, the guide starts. Until you tap Stop, the App may use your device's location and the direction you're heading to spot notable places ahead of you. When it finds one, it may show a short card on screen and read a brief description aloud using your device's text-to-speech voice. While it speaks, it may briefly lower or pause other audio, such as music or podcasts.

As you visit places, you can collect Badges, which are organized by category. You can also tap the heart on a place to save it as a Like. Badges and Likes are saved only on your device. Using Clear location cards does not remove your Badges or Likes.

The App is meant to make a trip more interesting. It is not:

• turn-by-turn navigation, or a way to plan a route,
• a replacement for official maps, road signs, park notices, or traffic directions,
• a promise that any place, road, trail, or piece of information is safe, open, accurate, public, or legal to visit,
• an emergency service or safety device, or
• medical, legal, or other professional advice.

In an emergency, contact local emergency services (for example, 911 in the U.S.). Don't rely on the App to get help.

3. Driving safely (important)

You alone are responsible for driving safely and following the law.

• Keep your eyes on the road. Don't read cards or handle your phone while the vehicle is moving. The App is designed so you can listen to callouts without looking at the screen.
• A passenger is the best operator. When possible, let a passenger start, stop, and look at the App. If you're driving alone, set the App up before you start moving, or pull over somewhere safe and legal before you interact with it.
• Obey traffic laws and signs — even if a callout mentions a place nearby. A callout is a piece of trivia, not an instruction to turn, stop, slow down, or change lanes.
• Don't let callouts pull your attention away from traffic, pedestrians, cyclists, animals, weather, or road conditions. If a callout is distracting you, tap Stop or mute it.
• Follow hands-free and distracted-driving laws where you are. Many places, including Arizona, limit how drivers may hold or use a phone. If using the App in a particular way would break one of those laws, don't use it that way.
• Paused audio is not an excuse. The App may briefly pause your other audio to speak. That doesn't change your duty to pay attention to driving.

Driving while distracted is dangerous. By using the App, you acknowledge that risk and agree that you use the App at your own risk.

4. Walking, hiking, and other outdoor activity

People also use the App on foot. Being outdoors, near roads, or in unfamiliar places carries real risks, including traffic, uneven ground, cliffs, water, wildlife, heat, cold, storms, flash floods, getting lost, and running out of water, battery, or cell signal.

When you use the App outside a vehicle, you agree that:

• You decide where it's safe to go. The App doesn't know current conditions, closures, fire restrictions, or hazards, and it doesn't check whether a place is safe to reach on foot.
• Mentioning a place doesn't mean you can enter it. Many notable places are on private land, inside fenced or restricted sites, or closed to the public, either permanently or at certain times. It's your job to find out whether you're allowed to be somewhere and to get any permission, permit, ticket, or fee that's needed. Don't trespass, climb fences, or ignore "closed" or "no entry" signs.
• Respect the places you visit and the people who live or work there. Follow posted rules and local laws, park legally, keep noise down, pack out your trash, and stay off fragile or sacred sites where asked.
• Plan for the outdoors yourself. Check the weather, carry water and supplies, tell someone where you're going, and turn back when conditions call for it. Keep your attention on where you're walking, especially near roads and edges.
• Supervise anyone in your care, including children and pets.

Assumption of risk. You understand that travel, driving, walking, hiking, and visiting places can lead to injury, illness, death, property damage, fines, or other loss. You choose to take those risks, and to the extent the law allows, you accept responsibility for them.

5. Location, permissions, and device features

The App asks for location permission while the App is in use so it can find places ahead of you. It uses your location and heading only while the guide is running (from Let's Go until Stop). You can refuse or remove location permission at any time in your device settings, but the guide won't work without it.

The App also uses your device's text-to-speech engine and audio controls. Speech quality, voices, and pronunciation depend on your device and may be imperfect.

Using the App may use mobile data and battery. Your carrier's normal data charges apply, and those are your responsibility. The App may not work well, or at all, in areas with weak GPS or no signal, or on some devices or Android versions.

What the App collects, stores, and shares is explained in the Privacy Policy.

6. Where place information comes from

Place cards and spoken descriptions are built mainly from Wikipedia, Wikidata, Wikimedia Commons, and OpenStreetMap, and may also use other map or place data sources and short lines written for the App.

Please keep in mind that this information:

• is written and edited by many people, not by us, and may be incomplete, out of date, wrong, or one-sided,
• may place a point in the wrong spot, describe something that no longer exists, or mispronounce names when read aloud,
• is not checked by us for accuracy, safety, or legal access, and
• is subject to the licenses and terms of the people and organizations who publish it. For example, Wikipedia text is generally shared under a Creative Commons Attribution-ShareAlike license, Wikidata data is generally released into the public domain, and OpenStreetMap data is © OpenStreetMap contributors and available under the Open Database License (ODbL).

Including a place in the App is not a recommendation or endorsement of it. Always trust what you see on the ground — signs, closures, officials, and your own judgment — over anything the App says.

If you spot an error or something offensive in a description, you're welcome to email us. Because much of the content comes from outside sources, we may not be able to change it, but we'll take a look.

7. Your license to use the App

As long as you follow these Terms, we give you a personal permission to install and use the App. That permission is limited, can be withdrawn, can't be transferred to anyone else, and isn't exclusive to you. It covers installing and using the App on Android devices you own or control, for your own non-commercial use.

The App is licensed to you, not sold. We (and our licensors) keep all rights in the App, including its code, design, name, logo, written text, and audio prompts, except for third-party content that belongs to others (see Section 6). "While We're Here" and its logo are our marks; please don't use them in a way that suggests we endorse or are connected with you or your product.

8. Things you agree not to do

When using the App, you agree not to:

• use it to break any law or to violate anyone else's rights,
• copy, modify, resell, rent, or redistribute the App, or build a competing product from it,
• decompile, reverse engineer, or try to extract source code, except where the law specifically allows it despite this restriction,
• get around the in-app purchase, license checks, or other technical protections,
• interfere with or overload any service the App connects to (for example, by scraping or sending automated requests through the App), or
• use the App in a way that could put you or others in danger.

9. The optional "unlock full" purchase

The App is free to download, and you can install it, open it, view the map, and change settings at no cost. Starting the live guide (tapping Let's Go so the App watches the road ahead, shows place cards, and reads them aloud) requires a one-time in-app purchase called "unlock full" (currently about US $3.99; the exact price shown in Google Play, including any local taxes, is the one that applies).

• It's a one-time purchase. It is not a subscription and does not renew or bill you again.
• Google Play handles payment. Your purchase is processed by Google Play Billing under Google's terms. We never see or store your card or payment details.
• Refunds are handled under Google Play's refund policies. Refund requests go through Google Play, and whether a refund is available depends on Google Play's refund policies and the law where you live. Subject to those policies and the law, no refunds are given after one month of use.
• Restoring your purchase. The unlock is tied to the Google account you used to buy it. If you reinstall the App or switch to a new Android device signed in to that account, you should be able to restore it through Google Play.
• What's included can change. We may improve, add, or change features over time. We'll try not to take away core features you paid for, but we can't promise the App or any feature will be available forever. The App depends heavily on Wikipedia, Wikimedia, and other outside sources, so changes to those sources can affect what the App can do (see Sections 6 and 11).
• Prices may change for future purchases. A price change won't affect a purchase you've already made.
• If a purchase is refunded or reversed, the App checks with Google Play and the unlock may be removed from that device.
• Family sharing. Unless Google Play shows otherwise for this App, the unlock is for the Google account that bought it and is not shared with family members.

10. Google Play

You get the App through Google Play, so Google's own terms and policies (including the Google Play Terms of Service) also apply to your download and purchase. This agreement is only between you and us. Google is not responsible for the App or its content and has no duty to provide support for it. If these Terms and Google Play's terms conflict about the download or payment process, Google's terms control for that topic.

11. Updates, changes, and availability

We may release updates that fix bugs, change or remove features, or add new ones. Some updates may be needed for the App to keep working. We don't promise that the App will always be available, work on every device, or be supported indefinitely, and we may stop offering the App or any part of it at any time.

12. Ending these Terms

You can stop using the App whenever you like by uninstalling it. Because the App has no user accounts, there is nothing to close.

We may end your permission to use the App if you seriously or repeatedly break these Terms, or if we are required to by law. We may also stop distributing the App altogether.

When these Terms end, you must stop using the App. Sections that by their nature should continue — such as Sections 4, 6, and 13 through 21 — will keep applying.

Badges and Likes live only on your device. If you uninstall the App or clear its data, they will be deleted and we can't recover them.

13. No warranties

THE APP AND ALL ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

In particular, we don't promise that:

• the App will work without interruption or errors, or in every location,
• location, heading, place, or spoken information will be accurate, complete, or current,
• any place is safe, open, legal, or suitable to visit, or
• the App will meet your expectations or needs.

Some places don't allow certain warranty disclaimers, so parts of this section may not apply to you.

14. Limits on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, THE DEVELOPER (AND ANY COMPANY THAT LATER PUBLISHES THE APP) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, THAT RESULT FROM YOUR USE OF THE APP OR YOUR INABILITY TO USE IT. THIS INCLUDES, FOR EXAMPLE, VEHICLE ACCIDENTS, TRAFFIC OR TRESPASS CITATIONS, INJURIES ON FOOT OR OUTDOORS, PROPERTY DAMAGE, AND DECISIONS YOU MAKE BASED ON PLACE OR MAP INFORMATION. THIS APPLIES NO MATTER THE LEGAL THEORY (CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, OR ANYTHING ELSE), AND EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT BE MORE THAN THE GREATER OF (A) WHAT YOU PAID FOR THE APP (INCLUDING THE "UNLOCK FULL" PURCHASE) IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $50.

Some places don't allow these kinds of limits. If that's true where you live, some of this section may not apply to you, and you may have other rights. Nothing in these Terms limits liability that the law says cannot be limited, such as, in some places, liability for gross negligence, willful misconduct, or certain personal injuries.

15. Indemnity

To the extent the law allows, you agree to defend, indemnify, and hold harmless the Developer (and any company that later publishes the App) from claims, losses, damages, and costs — including reasonable attorneys' fees — brought by someone else that arise from your misuse of the App, your breach of these Terms, or your violation of any law or anyone else's rights while using the App (for example, trespassing or causing a traffic accident). This doesn't apply to the extent a claim is caused by our own willful misconduct.

16. Feedback

If you send us ideas, suggestions, or bug reports, we may use them to improve the App without paying you or owing you anything. Please don't send anything you consider confidential.

17. Age requirement

The App is meant for teens and adults. It is not directed to children under 13, and children under 13 should not use it. If you are 13 or older but under 18 (or under the age of majority where you live), you may use the App only with the permission and involvement of a parent or guardian, who agrees to these Terms for you and is responsible for your use, including any purchase.

18. Legal compliance and use outside the U.S.

The App is developed in the United States. We don't promise that it's appropriate, accurate, or legal to use in every country, and place content may be thinner or less reliable outside the U.S. If you use the App elsewhere, you're responsible for following local laws, including traffic and phone-use laws.

You won't use the App in a way that violates U.S. export control or sanctions laws, and you confirm that you're not barred from receiving software under those laws.

19. Changes to these Terms

We may revise these Terms from time to time, for example when the App changes or the law requires it. When we do, we'll update the "Last updated" date at the top. For changes that significantly affect your rights, we'll also try to give notice in a reasonable way, such as a message in the App or a note in the Play listing or release notes. Changes take effect when posted unless we say otherwise or the law requires a different process. If you keep using the App after a change takes effect, you're agreeing to the updated Terms. If you don't agree, please stop using the App.

20. Governing law and disputes

• Talk to us first. If you have a problem with the App, please email funtiviti@gmail.com and describe the issue. We'll try in good faith to resolve it. Neither side will start a formal claim until 60 days after the issue was first raised this way.
• Governing law. These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules, except where the law of your home country or state gives you protections that can't be waived.
• Where disputes are heard. Any dispute relating to these Terms or the App that isn't resolved informally will be heard only in the state or federal courts located in or serving Mohave County, Arizona, and you and we consent to those courts' jurisdiction. Either side may instead bring an individual claim in small-claims court if it qualifies. This doesn't take away any right you may have under the law where you live to bring a claim in your local courts.

21. General terms

• Whole agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App.
• If part is invalid. If a court finds any part of these Terms unenforceable, that part will be limited or removed only as much as needed, and the rest stays in effect.
• No waiver. If we don't enforce part of these Terms right away, we haven't given up the right to enforce it later.
• Transfer. You may not transfer your rights under these Terms to someone else. We may transfer these Terms, for example to a company that takes over publishing the App from Funtiviti LLC, and the Terms will continue to apply.
• Events beyond our control. We aren't responsible for delays or failures caused by things we can't reasonably control, such as outages at Google, Wikipedia, or other services the App relies on, network failures, natural disasters, or government action.
• Electronic notices. You agree that we can give you notices electronically, such as in the App, in the Play listing, or on our website, and that those notices count as "in writing."
• No third-party rights. No one other than you and us has rights under these Terms, except as the law requires.
• Headings are for convenience only, and words like "including" and "for example" don't limit the general point being made.

22. Contact

Questions about these Terms:

Email: funtiviti@gmail.com Publisher: Funtiviti LLC App name: While We're Here Android package: com.jacqui.shotgunguide