Atlasnap Terms of Service

These Terms of Use (“Terms”) are an agreement between you and Atlasnap. By creating an account or using the Atlasnap app you accept these Terms. If you do not accept them, do not use the app.

1. Who we are

The provider of Atlasnap is:

Adrian Szabłowski
Ludwika Zamenhofa 2
33-300 Nowy Sącz, Poland

Contact email: adrian.szablowski.kontakt@gmail.com

In these Terms, “we”, “us”, “our” and “Atlasnap” refer to the provider above; “you” and “your” refer to you, the user.

2. Who can use Atlasnap

You may use Atlasnap if:

• You are at least 16 years old.
• You have the legal capacity to enter into a binding agreement in your country.
• You are not a resident of a country subject to comprehensive United States, European Union, United Kingdom or United Nations sanctions (see Section 7).
• You agree to use the app in accordance with these Terms and applicable law.

If you are using Atlasnap on behalf of an organisation, you confirm that you have authority to bind that organisation, but the agreement remains between us and you personally.

3. Your account

To use most of Atlasnap, you need an account. You sign in with Sign in with Apple or Sign in with Google — we do not store passwords ourselves. You are responsible for keeping your Apple ID or Google account credentials secure. Tell us immediately if you suspect someone else has accessed your Atlasnap account.

You agree to provide accurate information in your profile and to keep it up to date.

4. What Atlasnap does

Atlasnap is a travel memory app. It lets you:

• Plan and save trips with dates, locations, notes and photos.
• Build a timeline of moments inside each trip.
• Connect with friends via a friend code and invite them to trips.
• See your trips on a map of the world.

Atlasnap is provided to you “as is” and as it functions on the day you use it. Features may be added, changed oroved over time.

5. Free plan, Atlasnap Plus and Atlasnap Pro

Atlasnap is freemium. You can use it for free with the following limits on the free plan:

• Up to 3 trips
• Up to 30 photos total across your trips
• Up to 10 photos per trip

You can upgrade at any time to Atlasnap Plus or Atlasnap Pro to remove these limits. The current limits for each tier are shown in the app on the upgrade screen. There is no free trial — the paid plans are billed immediately on purchase.

5.1 Subscriptions are auto-renewing

Atlasnap Plus and Atlasnap Pro are sold as auto-renewing subscriptions through Apple’s In-App Purchase system. By subscribing, you agree that:

• Your subscription will renew automatically at the end of each billing period at the price displayed at the time of purchase, unless you cancel at least 24 hours before the period ends.
• Payment is charged to your Apple ID at confirmation of purchase.
• The price and length of each subscription period are shown onhe in-app purchase screen and again in your Apple ID receipt.

5.2 How to manage or cancel your subscription

You can manage, upgrade or cancel your subscription at any time:

• iOS: Settings → [Your Name] → Subscriptions → Atlasnap
• Apple ID online: https://apps.apple.com/account/subscriptions

Cancellation takes effect at the end of the current billing period. We cannot cancel an Apple subscription on your behalf and we do not have access to your Apple ID.

5.3 Upgrading between tiers

If you upgrade from Plus to Pro, Apple handles the proration so you are not charged twice. The new tier becomes active immediately.

5.4 Refunds

We do not process refunds directly. All refund requests for Apple subscriptions must be made to Apple at https://reportaproblem.apple.com. Apple decides whether to grant a refund based on its policies. Where the consumer law of your country grants you a non-waivable refund right, those rights are not affected by thise.

5.5 Right of withdrawal for digital content (EU)

Under the EU Consumer Rights Directive you normally have 14 days to withdraw from a distance contract for digital services. By purchasing a subscription you expressly agree that the service begins immediately upon purchase, and you acknowledge that you lose the right of withdrawal under Article 16(m) of the Directive once performance has begun. You can still cancel future renewals as described in Section 5.2.

5.6 Price changes

If we change the price of a subscription, the new price applies to renewals after the change. Apple will ask you to confirm a price increase before charging it. If you do not agree, your subscription will not renew.

6. Your content

You retain all rights to the content you create in Atlasnap — your trips, your photos, your notes, your timeline entries. We do not claim ownership of any of it.

By using Atlasnap you grant us a limited, worldwide, royalty-free, non-transferable licence to host, store, transmit, co (for backup), display and process your content only as necessary to provide the app to you and the friends you have invited to your trips. This licence ends when you delete the content or your account.

You promise that you have the right to upload anything you put in Atlasnap, and that your content does not infringe anyone else’s rights or break the law. In particular, you confirm that you have the right to upload any photo you choose to attach to a trip.

7. Acceptable use, export and sanctions

When using Atlasnap, you agree not to:

• Use the app to harass, threaten, defame or invade the privacy of anyone, including friends you have connected with.
• Upload content that is unlawful, infringing, hateful or sexually exploitative.
• Attempt to access, modify or interfere with other users’ accounts or data.
• Reverse engineer, decompile or otherwise attempt to extract the source code of the app, except to the extent the law permits despite this prohibition.
• Use automated means (bots, scrapers, crawlers) to access the app.
• Use the app to send unsolicited messages or to spam other users via the friend-code system.
• Resell, rent or commercially redistribute the app or any part of it.

You also represent and warrant that:

• You are not located in, ordinarily resident in, or a national of Cuba, Iran, North Korea, Syria, the Russian-occupied regions of Ukraine (Crimea, Donetsk and Luhansk regions), or any other country, territory or region subject to a comprehensive United States, European Union, United Kingdom or United Nations embargo.
• You are not listedon any United States Government list of prohibited or restricted parties, including the Treasury Department’s Specially Designated Nationals (SDN) List or the Commerce Department’s Entity List, nor on the corresponding EU, UK or UN lists.
• You will not use Atlasnap for any purpose prohibited by export-control law.

We may suspend or terminate your account if you break any rule in this section. Where the breach is minor and remediable we will normally try to contact you first.

8. Friends and shared trips

When you invite a friend to a trip:

• The friend will see the trip, its locations, its photos, its timeline entries and the names of other invited friends.
• The friend can decline the invitation. Declined invitations are removed from their view.
• You can remove a friend from a trip at any time; they will lose access to the trip on next refresh.

You are responsible for what you share with your friends through Atlasnap. Do not share another person’s private information without their consent.

9. Reporting copyright infringement (DMCA)

Atlasnap respects intellectual-property rights. If you believe content stored in Atlasnap infringes your copyright, you may submit a notice under the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. To be effective, the notice must include:

1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
2. Identification of the copyrihted work claimed to have been infringed.
3. Identification of the material in Atlasnap that you claim is infringing, with enough detail for us to locate it (for example: trip ID, user ID, approximate upload date).
4. Your contact information (name, address, telephone, email).
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorised to act on the owner’s behalf.

Send notices to our designated DMCA agent:

Adrian Szabłowski — DMCA Agent
Ludwika Zamenhofa 2, 33-300 Nowy Sącz, Poland
Email: adrian.szablowski.kontakt@gmail.com(subject: “DMCA Notice”)

We will act on valid notices promptly, including by removing or disabling access to the material. We will also forward the notice to the user who uploaded the content.

9.1 Counter-notices

If believe content you uploaded was removed in error, you may send a counter-notice that includes: your signature, identification of the removed material and its prior location, a statement under penalty of perjury that you have a good-faith belief the removal was a mistake, your name and address, and your consent to the jurisdiction of the federal court for the judicial district where you are located (or, if outside the U.S., for any judicial district in which Apple Inc. may be found), and that you will accept service of process from the original complainant. We will forward the counter-notice and, unless the original complainant files a lawsuit within 10 business days, may restore the content.

9.2 Repeat infringers

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

10. Privacy

How we handle your personal data is explained in our Privacy Policy. The Privacy Policy is part of these Terms and you should read it before using the app.

11. Deleting your account

You can delete your account at any time inside the app via More → Profile → Delete account. Deletion is permanent and irreversible. When you delete your account:

• Your profile, trips, photos, timeline entries and friendships are deleted from our active database and storage immediately.
• You are signed out.
• Your Apple subscription is NOT cancelled by deleting your account. Apple holds the subscription, not us. Cancel the subscription separately as described in Section 5.2 if you no longer want to be billed.
• Backups may retain your data for up to 7 days.
• We may retain anonymised transaction records as required by Polish tax law for up to 5 years.

12. Terms specific to the Apple App Store

When you obtain Atlasnap from the Apple App Store, the following additional terms apply, as required by Apple Inc. They override anything inconsistent elsewhere in these Terms with respect to your use of iOS version of Atlasnap.

1. Acknowledgement. These Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for Atlasnap and its content.
2. Scope of licence. The licence granted to you for Atlasnap is limited to a non-transferable licence to use Atlasnap on any Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support services for Atlasnap. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Atlasnap.
4. Warranty. We, not Apple, are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of Atlasnap to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for Atlasnap to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Atlasnap. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Atlasnap to conform to any warranty will be our sole responsibility.
5. Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to Atlasnap or your possession and/or use of Atlasnap, including but not limited to: (a) product-liability claims; (b) any claim that Atlasnap fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the use of HealthKit and HomeKit frameworks (which Atlasnap does not use).
6. Intellectual-property rights.You and we acknowledge that, in the event of any third-party claim that Atlasnap or your possession or use of Atlasnap infringes that third party’s intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such infringement claim.
7. Legal compliance.You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (see also Section 7).
8. Developer name and address. Any questions, complaints or claims about Atlasnap should be directed to us at the contact details in Sections 1 and 18.
9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using Atlasnap.
10. Third-party beneficiary.You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

13. Open-source and third-party components

Atlasnap is built on top of open-source and third-party software. The libraries we use ship with their own licences and we comply with them. Avatar artwork is provided by the Avatar Illustration System by Micah Lanier, distributed via DiceBear under CC BY 4.0; DiceBear code is licensed under MIT. Place search is provided by Geoapify.

14. Disclaimer of warranties

Atlasnap is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose, accuracy, reliability, merchantability or non-infringement. We do not warrant that the app will be uninterrupted, error-free, secure against every threat, or that data will never be lost.

Nothing in this section limits your statutory rights as a consumer under Polish, EU, UK, or other applicable consumer-protection law, which cannot be excluded or limited by contract.

15. Limitation of liability

To the maximum extent permitted by applicable law:

• We are not liable for indirect, incidental, consequential, special or punitive damages, lost profits, lost data, or loss of business opportunity, even if we have been told such damages might occur.
• Our total aggregate liability arising out of or related to these Terms and your use of the app, in any 12-month period, is limited to the amount you actually paid us for the app in that period — or, if you have only used the free plan, ten euros (€10).

Nothing in this section limits liability that cannot be limited under applicable law, including liability for personal injury or death caused by negligence, and liability for intentional misconduct or gross negligence. Consumer rights granted to you by Polish, EU, UK, Australian, US state or other applicable consumer law cannot be excluded or limited by these Terms.

16. Changes to app

We may change, add or remove features at any time. If we make a material reduction to features you have already paid for in the current billing period, you may cancel and request a pro-rated refund directly from Apple as described in Section 5.4.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you via the app and update the “Effective date” above. Your continued use of Atlasnap after the changes take effect means you accept the updated Terms. If you do not accept the changes, you should stop using the app and may delete your account.

18. Notice and cure period

Before you start any formal proceeding against us, you agree to first contact us at adrian.szablowski.kontakt@gmail.com, describe the problem clearly, and give us 30 days to resolve it informally. This requirement does not apply where it would prevent you from exercising a non-waivable consumer right under applicable law.

We will use the same 30-day cure period before terminating your access to Atlasnap for a non-urgent breach of these Terms.

19. Governing law and dispute resolution

19.1 Governing law

These Terms are governed by the laws of Poland, without regard to its conflict-of-laws rules. Where you are a consumer, this choice of law does not deprive you of the protection of the mandatory consumer-protection law of your country of habitual residence.

19.2 Where to bring a claim

If informal resolution under Section 18 fails:

• EU / UK / EEA consumerscan use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, contact a national consumer-protection body, or bring a claim in the courts of their country of habitual residence.
• Other users can bring a claim in the competent courts of Poland or, where applicable consumer-protection law gives a right to do so, in the courts of their country of habitual residence.

19.3 Individual basis only — no class actions

To the maximum extent permitted by applicable law, any dispute, claim or controversy arising out of or relating to these Terms or your use of Atlasnap will be resolved on an individual basis only. You and we each waive any right to participate in:

• a class action;
• a class-wide arbitration;
• a private attorney general action;
• any other consolidated, representative or collective proceeding.

If a court of competent jurisdiction decides that this waiver is unenforceable in a particular case, the dispute will be litigated in court, but the rest of these Terms will remain in force.

19.4 Carve-out for EU, EEA, UK and Swiss consumers

The “individual basis only” clause in Section 19.3 does not apply where you are a consumer resident in the European Union, the European Economic Area, the United Kingdom or Switzerland, and your local consumer-protection law gives you a non-waivable right to participate in collective redress. In that case, your local law applies in fuland overrides Section 19.3.

19.5 Carve-out for small claims and injunctive relief

Section 19.3 also does not apply to: (a) actions in a small-claims court for individual claims that fit within that court’s jurisdiction, or (b) actions seeking injunctive or other equitable relief for the alleged infringement of intellectual-property rights.

20. Force majeure

We are not liable for any failure to perform, or delay in performance, caused by events outside our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, fire, flood, pandemic, internet or telecommunications failure, denial-of-service attacks, or failures of our service providers (Supabase, Apple, Google, RevenueCat, Amplitude, Geoapify).

21. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of substantially all our assets, or by operation of law, provided that the assignee assumes our obligations to you.

22. Entire agreement and severability

These Terms and the Privacy Policy together form the entire agreement between you and us regarding the app, and supersede any prior agreements on the same subject. If any provision of these Terms is held unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder of these Terms will continue in full force.

No waiver of any term will be a continuing waiver of that term or any other.

23. Contact

Adrian Szabłowski
Ludwika Zamenhofa 2, 33-300 Nowy Sącz, Poland
Email: adrian.szablowski.kontakt@gmail.com