1. Acceptance of Terms
By downloading, installing, accessing, or using RoamFolio ("the App," "Service"), you ("User," "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms in their entirety, you may not use the App. If you are using the App on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.
2. The App and Service
RoamFolio is a personal travel diary application that allows users to record trips, log journeys by transport mode, view routes on a map, attach photos, and review travel statistics. The App is designed for personal, non-commercial use on Apple iPhone devices.
Features, functionality, and availability of the App may change at any time without notice. We are not obligated to provide any particular feature or to maintain the App indefinitely.
3. Licence to Use
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to:
- Download and install the App on Apple-branded devices that you own or control
- Use the App for your personal, non-commercial travel diary purposes
This licence is granted solely in accordance with the Apple Media Services Terms and Conditions. We reserve all rights not expressly granted.
4. Apple App Store Terms
The App is distributed through the Apple App Store. Your use of the App is also governed by Apple's App Store Terms of Service. In the event of any conflict between these Terms and Apple's terms, Apple's terms shall control with respect to App Store-related matters.
Apple Inc. is a third-party beneficiary of these Terms and has the right to enforce them against you. Apple is not responsible for the App or its content.
5. User Content
"User Content" means all trips, journeys, stops, notes, photos, and other data you create, input, or link within the App. You retain full ownership of all User Content.
Because all User Content is stored locally on your device and we never receive it, we claim no licence, rights, or interest in your User Content. You are solely responsible for all User Content you create within the App.
6. Acceptable Use
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the App
- Modify, translate, adapt, or create derivative works based on the App
- Rent, lease, lend, sell, sublicence, or otherwise transfer the App to any third party
- Remove, alter, or obscure any proprietary notices within the App
- Use the App for any unlawful purpose or in violation of any applicable laws or regulations
- Use the App in any manner that could damage, disable, overburden, or impair its functionality
- Attempt to gain unauthorised access to any portion of the App or its related systems
- Use the App to infringe the intellectual property rights of any third party
7. Intellectual Property
The App, including its name "RoamFolio," the RoamFolio logo, all design elements, software code, graphics, icons, text, and other content created by us, are owned by RoamFolio and are protected by applicable intellectual property laws including copyright and trademark law.
"RoamFolio" and the RoamFolio globe logo are unregistered trademarks of RoamFolio. Nothing in these Terms grants you any right to use our trademarks, logos, or trade names.
All rights not expressly granted are reserved.
8. Third-Party Services and Links
The App uses Apple's first-party frameworks including MapKit and PhotoKit. Use of these services is subject to Apple's own terms and privacy policy. We are not responsible for Apple's services or any third-party services that may be referenced within the App.
9. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:
- IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE
- WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION IN THE APP
We do not warrant that the App will meet your specific requirements, that defects will be corrected, or that the App will be compatible with future versions of iOS or Apple hardware.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROAMFOLIO, ITS DEVELOPERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES
- DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP
- DAMAGES ARISING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA
- ANY OTHER MATTER RELATING TO THE APP OR THESE TERMS
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. In jurisdictions that do not allow exclusion of certain damages, our liability shall be limited to the maximum extent permitted by law.
In any case, our total liability to you for all claims arising from or relating to the App shall not exceed the amount you paid for the App in the twelve (12) months preceding the claim (which may be zero for a free App).
11. Indemnification
You agree to indemnify, defend, and hold harmless RoamFolio and its developers, officers, agents, and successors from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the App
- Your User Content
- Your violation of these Terms
- Your violation of any applicable law or the rights of a third party
12. Data Loss
Because all App data is stored locally on your device, you are responsible for maintaining your own backups. We strongly recommend enabling iCloud Backup on your device. We accept no liability for any loss of data resulting from device failure, accidental deletion, App malfunction, iOS updates, or any other cause.
13. Modifications to the App
We reserve the right to modify, suspend, or discontinue the App (or any feature of it) at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
14. Modifications to These Terms
We may revise these Terms at any time by posting an updated version at https://roamfolio.life/terms and updating the "Last updated" date above. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.
For material changes, we will make reasonable efforts to provide notice (for example, via an App Store update description).
15. Termination
These Terms remain in effect until terminated. You may terminate them at any time by uninstalling the App from all your devices.
We may terminate or suspend your licence to use the App immediately, without prior notice or liability, if you breach any provision of these Terms. Upon termination, you must cease all use of the App and delete it from your devices.
Provisions of these Terms that by their nature should survive termination shall survive, including Sections 7 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), and 11 (Indemnification).
16. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from these Terms or your use of the App shall be resolved through good-faith negotiation in the first instance. If a dispute cannot be resolved informally, it shall be submitted to the courts of competent jurisdiction.
If you are a consumer in the European Union, you may have the right to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
17. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
18. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and RoamFolio regarding your use of the App and supersede all prior agreements, understandings, and representations.
19. Contact Us
For any questions about these Terms of Service, please reach out via:
- Website: https://roamfolio.life
We will respond to all inquiries within 30 days.