Terms and Conditions
Last Updated: October 25, 2024
Introduction
Welcome to What Happened Here (the "App"), a mobile application designed to provide users with AI-generated historical stories based on their location. By accessing or using the App, you agree to be bound by these Terms and Conditions and Privacy Policy (collectively, the "Terms"). If you do not agree with these Terms, please refrain from using the App.
User Accounts
- Account Creation: To use certain features of the App, you may need to create an account by providing a valid email address and password.
- Account Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
- Eligibility: You must be at least 13 years old to create an account and use the App. By creating an account, you represent that you meet this age requirement.
Subscriptions and Payments
Subscription Plans
- Premium Features: The App offers additional features accessible through a monthly subscription ("Subscription").
- Subscription Terms: Subscriptions are billed on a recurring basis (e.g., monthly) and will automatically renew unless canceled.
Payment Processing
- Third-Party Payment Processor: We use third-party payment processors (e.g., Stripe) to handle all payment transactions. By subscribing, you agree to be bound by the payment processor's terms and conditions.
- Payment Information: You must provide accurate and complete payment information. All payment data is processed and stored securely by the third-party processor; we do not store your credit card information.
Billing and Charges
- Billing Cycle: Your credit card will be charged at the beginning of each billing cycle. The billing cycle is monthly from the date of subscription.
- Price Changes: We reserve the right to change subscription fees. Any fee changes will be communicated to you in advance and will take effect at the start of the next billing cycle.
Free Trials and Promotions
- Free Trial Period: We may offer a free trial period for new subscribers. Details of the trial period will be provided at the time of sign-up.
- Eligibility: Free trials are available to new users only, and we reserve the right to modify or terminate free trials at any time.
Refunds
- Refund Policy: All subscription fees are non-refundable. If you cancel your Subscription, you will retain access to premium features until the end of your current billing period.
- Exceptional Circumstances: In certain cases, such as documented technical issues with the App, we may, at our sole discretion, provide a refund or credit.
Cancellation and Termination
Cancellation by User
- How to Cancel: You may cancel your Subscription at any time through your account settings within the App or by contacting customer support at ben@whathappenedhereapp.com.
- Effect of Cancellation: Upon cancellation, you will continue to have access to premium features until the end of your current billing cycle. No refunds will be issued for the remaining period.
Termination by Us
- Termination Rights: We reserve the right to suspend or terminate your access to the App at any time, with or without cause or notice.
- Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
AI-Generated Content
- Content Generation: The App uses artificial intelligence (AI) to generate historical stories based on your location.
- Sources and References: Each generated story includes sources and references to enable you to verify the information.
- Accuracy Disclaimer: While we strive for accuracy, AI-generated content may occasionally contain inaccuracies or "hallucinations." We encourage you to verify the information through the provided sources.
- User Responsibility: You acknowledge that you use the AI-generated content at your own risk and should verify any critical information independently.
User-Generated Content
- Content Ownership: All content generated by the App remains on your device and is for your personal use. We do not access, store, or collect any user-generated content at this time.
- Sharing Content: You are free to share the AI-generated stories and images on social media or other platforms, provided you do not alter the original sources or claim the content as your own.
Use of Location Data
- Real-Time Location: The App uses your real-time location to generate relevant historical stories.
- Data Storage: We do not store or track your personal location history. Only the locations related to the generated stories may be saved anonymously to enhance the user experience.
Data Collection and Analytics
- Anonymous Data: We use Google Analytics to collect anonymous usage data, such as the number of stories generated, to improve App performance and user experience.
- Third-Party Services: The App utilizes third-party services like Firebase, Firestore, and Google Analytics. By using the App, you acknowledge and agree to their respective terms and privacy policies.
- Data Protection: We do not sell or share your personal data with third parties. All data collection is conducted solely to enhance the App's functionality.
International Users and Data Transfers
- Global Availability: The App is accessible to users worldwide. By using the App, you consent to the processing and transfer of your data in and to the United States and other countries where data protection laws may differ from those in your country.
- Compliance: We strive to comply with international data protection regulations, including the General Data Protection Regulation (GDPR) for users in the European Union.
User Rights Under GDPR (For EU Residents)
- Access and Control: If you are a resident of the European Union, you have the right to access, correct, or delete your personal data.
- Data Processing: The AI used in the App processes data to generate historical stories based on your location. No automated decision-making with significant legal effects occurs.
- Exercising Rights: To exercise your rights under GDPR, please contact us at ben@whathappenedhereapp.com.
Fairness and Non-Discrimination
- Commitment: We strive to ensure that the AI-generated content is as fair and unbiased as possible.
- Limitations: Despite our efforts, we cannot guarantee that all content will be free from bias. We continuously work to improve the AI and encourage users to report any concerning content.
- User Reporting: If you encounter content that you believe is biased or discriminatory, please contact us so we can address the issue.
Intellectual Property
- Ownership: All rights, titles, and interests in and to the App, including all content, features, and functionality, are and will remain the exclusive property of What Happened Here ("we," "us," or "our").
- License to Use: We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
- Restrictions: You agree not to modify, distribute, reproduce, or create derivative works of any part of the App without our prior written consent.
Limitation of Liability
- "As Is" Basis: The App is provided on an "as is" and "as available" basis without warranties of any kind.
- No Liability: To the maximum extent permitted by law, we disclaim all liability for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.
- Verification: Users are responsible for verifying the accuracy of the AI-generated content through the provided sources.
Dispute Resolution
- Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.
- Arbitration: Any disputes arising from these Terms or your use of the App will be resolved through binding arbitration conducted in Oregon in accordance with the rules of the American Arbitration Association.
Changes to These Terms
- Updates: We may update these Terms from time to time. Any changes will be posted within the App and on our website.
- Acceptance of Changes: Your continued use of the App after any changes signifies your acceptance of the updated Terms.
Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Privacy Policy
Last Updated: October 25, 2024
Introduction
We respect your privacy and are committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use What Happened Here.
Information We Collect
Personal Data
- Account Information: When you create an account, we collect your email address and password.
- Payment Information: For Subscription services, we may collect billing information such as credit card numbers, but this information is processed and stored by our third-party payment processor and not stored on our servers.
- Usage Data: We collect anonymous data on how you interact with the App, such as the number of stories generated.
Location Data
- Real-Time Location: The App accesses your real-time geographic location to provide location-based stories.
- Data Storage: We do not store or track your personal location history. Locations related to generated stories may be saved anonymously to improve the App.
Cookies and Similar Technologies
- Cookies: We may use cookies or similar technologies to enhance your experience. You can adjust your device settings to refuse cookies, but this may affect App functionality.
How We Use Your Information
- Provide Services: To generate historical stories based on your location.
- Improve the App: To analyze usage patterns and improve performance.
- Communication: To send updates, respond to inquiries, and provide customer support.
- Billing: To process payments and manage billing cycles for Subscriptions.
Disclosure of Your Information
- Third-Party Service Providers: We use third-party services like Firebase and Google Analytics, and payment processors. These providers have access to your data only to perform tasks on our behalf and are obligated not to disclose or use it for other purposes.
- Legal Obligations: We may disclose your information if required to do so by law or in response to valid requests by public authorities.
Data Security
- Protective Measures: We implement reasonable security measures to protect your data. However, no method of transmission over the internet is 100% secure.
- Payment Security: All payment transactions are processed using secure encryption technology through our third-party payment processor.
- Data Breach Procedures: In the event of a data breach, we will notify affected users and authorities as required by law.
International Data Transfers
- Global Operations: Your information may be transferred to and maintained on servers located outside of your state, province, country, or other governmental jurisdiction.
- Consent to Transfer: By using the App, you consent to the transfer of your information to the United States and other countries.
User Rights
For European Union Residents
Under the General Data Protection Regulation (GDPR), you have the following rights:
- Access: Request access to your personal data.
- Correction: Request correction of any inaccurate data.
- Deletion: Request deletion of your personal data.
- Objection: Object to the processing of your personal data.
- Data Portability: Request transfer of your data to another service provider.
To exercise these rights, please contact us at ben@whathappenedhereapp.com.
Children's Privacy
- Age Restriction: The App is not intended for children under the age of 13.
- Parental Consent: We do not knowingly collect personal information from children under 13 without parental consent.
- Data Removal: If we learn that we have collected personal data from a child under 13, we will delete that information promptly.
Third-Party Links
The App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content or practices of any third-party sites.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Changes will be posted within the App and on our website. Your continued use of the App after any changes signifies your acceptance of the updated Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy, please contact us at:
Ben Feicht,
What Happened Here
