Terms of Use

1. Introduction & Effective Date

Welcome to APit.fun Activity Planner (the “Service”). These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and APit.fun (“we,” “us,” or “our”) governing your access to and use of the APit.fun website, web application, and all related services.

These Terms are effective as of the date you first access or use the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Acceptance of Terms

By accessing, browsing, or using the Service in any manner, including but not limited to visiting or browsing the website, registering an account, or using any features, you accept and agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use the Service.

Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

3. Eligibility

The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service and that they have read and agree to these Terms.

We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information promptly.

4. Account Registration & Security

To access certain features of the Service, you may be required to create an account. We offer multiple authentication methods:

• Google OAuth: Sign in using your Google account
• Email/Password: Create an account with your email address and a secure password
• Guest Account: Try the Service without providing an email (limited features)

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

We reserve the right to disable any user account, at any time, if in our sole opinion you have failed to comply with these Terms or if we suspect any unauthorized or fraudulent activity.

5. License Grant to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use.

This license does not include:

• The right to modify, copy, distribute, or create derivative works of the Service
• The right to use the Service for any commercial purpose
• The right to reverse engineer, decompile, or disassemble any part of the Service
• The right to access the Service through any automated means (bots, scrapers, etc.)

We reserve all rights not expressly granted to you in these Terms.

6. Intellectual Property Ownership

The Service, including but not limited to its visual design, user interface, features, functionality, software, code, algorithms, text, graphics, logos, icons, images, audio clips, and data compilations, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The APit.fun name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of APit.fun. You may not use such marks without our prior written permission.

Nothing in these Terms grants you any right, title, or interest in any intellectual property owned by APit.fun, except for the limited license granted in Section 5.

7. User-Generated Content

The Service allows you to create, save, and share content such as bookmarks, visit logs, journal entries, itineraries, and other user-generated materials (“User Content”). You retain ownership of your User Content.

By submitting User Content to the Service, you grant APit.fun a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your User Content solely for the purpose of operating and providing the Service.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate the rights of any third party or any applicable law.

8. AI-Powered Features Disclaimer

BY USING THE SERVICE, YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

1. AI Limitations: AI-generated recommendations may contain errors, inaccuracies, outdated information, or content that is inappropriate or unsuitable for your needs.
2. Not Professional Advice: AI recommendations are NOT professional travel advice, safety guidance, medical advice, legal counsel, financial advice, or any other form of professional recommendation. The Service is for informational and entertainment purposes only.
3. User Verification Required: YOU are solely responsible for independently verifying all AI-generated information, including but not limited to: business hours, prices, availability, safety conditions, accessibility, travel requirements, and current operating status.
4. No Liability for AI Outputs: APit.fun is NOT liable for any damages, losses, inconveniences, or harm arising from your reliance on AI-generated recommendations, including but not limited to: missed reservations, closed businesses, unsafe conditions, travel disruptions, injuries, property damage, or financial losses.
5. Third-Party Data: AI recommendations may incorporate data from third-party sources (including Google Places, OpenWeatherMap, and others) which may also be inaccurate or outdated.
6. No Guarantee of Accuracy: We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any AI-generated content.

By using AI-powered features, you acknowledge that you are doing so at your own risk and that you waive any claims against APit.fun arising from your reliance on AI outputs.

9. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit any advertising or promotional material without our prior consent
• To impersonate or attempt to impersonate APit.fun, an employee, another user, or any other person
• To engage in any conduct that restricts or inhibits anyone's use of the Service
• To harass, abuse, or harm another person or to promote violence or discrimination
• To introduce viruses, malware, or other malicious code
• To attempt to gain unauthorized access to any part of the Service or any systems or networks

10. Prohibited Uses

You expressly agree that you will NOT:

• Scraping & Crawling: Use any robot, spider, crawler, scraper, or other automated means to access, extract, or collect data from the Service without our express written permission
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any underlying algorithms
• Copying: Copy, reproduce, or duplicate any part of the Service's user interface design, functionality, or content
• Derivative Works: Create derivative works based on the Service without authorization
• Commercial Exploitation: Resell, redistribute, license, or commercially exploit any content obtained from the Service
• AI/ML Training: Use any data, content, or outputs from the Service to train, develop, or improve any artificial intelligence, machine learning, or similar models without our express written permission
• Rate Limit Evasion: Attempt to circumvent any rate limiting, access controls, or security measures implemented by the Service
• Framing: Frame or mirror any part of the Service on any other website or platform

Violation of this section may result in immediate termination of your account and may subject you to civil and/or criminal liability.

11. Third-Party Services & APIs

The Service integrates with and relies upon various third-party services and APIs to provide functionality. These include but are not limited to:

• Google Maps and Google Places API (mapping and location services)
• Google Gemini (AI recommendations)
• OpenAI GPT (AI recommendations)
• OpenWeatherMap (weather information)
• Supabase (database and authentication)
• Resend (email services)
• Stripe (payment processing)

We do not control these third-party services and are not responsible for their availability, accuracy, or reliability. Your use of third-party services is subject to their respective terms of service and privacy policies. We encourage you to review their terms and policies.

We make no warranties regarding third-party services and disclaim all liability for any issues, damages, or losses arising from their use or unavailability.

12. Disclaimer of Warranties

To the fullest extent permitted by applicable law, APit.fun expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranties arising from course of dealing, usage, or trade practice
• Any warranties that the Service will be uninterrupted, timely, secure, or error-free
• Any warranties regarding the accuracy, reliability, or completeness of any content
• Any warranties that defects will be corrected or that the Service is free of viruses

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exclusion of Consequential Damages: In no event shall APit.fun, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation: loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Service.

The limitations in this section apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if APit.fun has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless APit.fun and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party
• Your reliance on AI-generated recommendations or third-party content

This defense and indemnification obligation will survive these Terms and your use of the Service.

15. Governing Law & Venue

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

Subject to the Arbitration provisions in Section 16, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you hereby consent to the personal jurisdiction of such courts.

You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Dispute Resolution & Arbitration

16.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

16.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Arbitration may be conducted remotely via video conference.

16.3 Class Action Waiver

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

16.4 Small Claims Exception

Notwithstanding the above, you may bring an individual claim in small claims court if the claim qualifies for small claims court jurisdiction in your state of residence.

16.5 Opt-Out Right

You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the Arbitration Agreement. If you opt out, you and APit.fun may litigate disputes in court.

17. Account Termination

We reserve the right to suspend or terminate your account and access to the Service, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users, third parties, or our business
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Request by law enforcement or government agencies

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by accessing your Profile Settings and selecting the option to delete your account. Upon account deletion, your data will be permanently removed in accordance with our Privacy Policy.

18. DMCA & Copyright Policy

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please submit a written notification to our designated agent at [email protected] containing:

1. A physical or electronic signature of the copyright owner or authorized representative
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material claimed to be infringing and its location on the Service
4. Your contact information (address, telephone number, email address)
5. A statement that you have a good faith belief that use of the material is not authorized
6. A statement, under penalty of perjury, that the information is accurate and you are authorized to act

We will respond to valid DMCA notices and may remove or disable access to allegedly infringing content. Repeat infringers may have their accounts terminated.

19. Force Majeure

APit.fun shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of third-party services or APIs, internet or telecommunications failures, or cyberattacks.

20. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the “Last updated” date at the top.

For material changes, we may also notify you via email (if you have provided one) or through a prominent notice within the Service. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may delete your account.

21. Severability & Entire Agreement

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and APit.fun regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by APit.fun.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

22. Contact Information

If you have any questions about these Terms of Use, please contact us:

Email: [email protected]

We will make every effort to respond to your inquiry within a reasonable timeframe.

23. Subscription Billing

APit.fun offers optional premium subscription plans. By subscribing, you agree to the following:

• Billing Frequency: You will be charged at the beginning of each billing cycle (monthly or annual, depending on your selected plan).
• Payment Processing: All payments are processed securely through Stripe, our third-party payment processor. We do not store your full credit card number.
• Billing Date: Charges occur on the same day each cycle. If that day doesn't exist in a given month, you'll be charged on the last day of that month.
• Price Changes: We may change subscription prices with 30 days' notice. Continued use after the effective date constitutes acceptance of the new price.

24. Subscription Terms & Auto-Renewal

• Renewal Amount: You will be charged the then-current subscription rate at the time of renewal.
• How to Cancel: You can cancel anytime through Profile Settings > Subscription > Manage Subscription, or by emailing [email protected].
• Cancellation Effect: When you cancel, your premium access continues until the end of your current billing period. After that, your account reverts to the free tier.
• No Partial Refunds: Cancellation does not entitle you to a refund of any fees already paid.

25. Refund Policy

Once a payment is processed:

• You retain premium access for the full billing period you paid for
• Unused portions of subscription periods are not refundable
• Cancellation stops future charges but does not refund past charges

If you believe a charge was made in error, please contact [email protected] within 7 days of the charge.