Terms of Service

1. Agreement to Terms

By downloading, installing, or using SunSpots (the "App" or "Service"), you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use SunSpots.

These terms apply to all users, including:

• Casual users accessing the free version
• Premium subscribers with in-app purchases
• Social features participants (friends, reviews, stories)

2. Eligibility & Age Requirements

Minimum Age: 13 years old globally | 16 years old in EU (GDPR)

You represent that you:

• Are at least the minimum age in your jurisdiction
• Have the legal authority to enter into this agreement
• Have not been banned from using SunSpots
• Comply with all applicable laws in your region

Parents/guardians: If you allow your child to use SunSpots, you're responsible for their activity.

3. Your Account & Responsibilities

Account Creation

• You provide accurate, complete, and current information
• You're responsible for keeping your email and password secure
• You notify us immediately of unauthorized access
• You're liable for all activity under your account

Account Security

• Never share your password with anyone
• We will never ask for your password via email
• Use a strong password (16+ characters recommended)
• Log out on public devices when finished

Account Termination

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in illegal, harmful, or abusive behavior
• Violate others' intellectual property rights
• Repeatedly ignore warnings from our moderation team

4. Acceptable Use Policy

You agree NOT to use SunSpots for:

🚫 Prohibited Activities

• Illegal Activities — Violating local, state, national, or international laws
• Harassment & Abuse — Bullying, doxxing, threats, hate speech
• Exploitation — Solicitation, grooming, sexual content involving minors
• Spam & Fraud — Phishing, scams, fake accounts, misleading content
• Intellectual Property Theft — Uploading others' photos/videos without permission
• Hacking & Abuse — Attempting to breach security, DDoS, unauthorized access
• Misinformation — Deliberately spreading false health/safety advice
• Commercial Scraping — Automated data collection, bots, reverse engineering
• Adult Content — Pornography, explicit sexual content
• Violence & Gore — Graphic violence, glorification of harm
• Drugs & Illegal Substances — Drug trafficking, promotion of illegal substances

Consequences of Violation

• Warning (first offense)
• Content removal (second offense)
• Temporary account suspension (third offense)
• Permanent ban (severe/repeated violations)
• Legal action (if criminal activity detected)

5. Subscriptions & In-App Purchases

Subscription Terms

• Free Tier: Limited features, always available
• Premium: All features, auto-renewing subscription
• Billing: Monthly or annual options (price varies by region)

Auto-Renewal & Cancellation

• Subscriptions auto-renew unless canceled
• Cancel anytime in App Settings → Subscription → Manage Subscription
• Refunds managed through App Store (Apple) or Google Play (Android)
• We do NOT issue refunds directly — contact Apple/Google
• Cancellation effective at end of current billing period (no mid-cycle refunds)

RevenueCat Payment Processing

• We use RevenueCat to manage subscriptions
• RevenueCat stores your payment info securely (encrypted)
• Your credit card is never stored on our servers
• Charges appear as "RevenueCat / SunSpots" on your statement

Price Changes

• We may adjust subscription prices with 30 days' notice
• Price increases take effect at your next renewal
• If you disagree, cancel before renewal date

Free Trial (if offered)

• We may offer time-limited free trial periods
• Trial period is non-refundable if canceled after first day
• Billing begins automatically when trial ends unless canceled

Billing Disputes

To dispute a charge:

1. Contact us at support@qubitumai.com
2. Include your subscription receipt and reason for dispute
3. We respond within 30 days
4. If unresolved, contact Apple/Google directly

6. Intellectual Property Rights

Our Intellectual Property

• SunSpots Code & Design: Owned by QubitumAI SAS
• Trademarks: "SunSpots," logo, brand assets are protected
• Content: Articles, guides, recommendations created by our team

License: We grant you a limited, personal, non-commercial license to use SunSpots for your personal use only.

Restrictions: You may NOT:

• Copy, modify, or create derivative works
• Reverse engineer or decompile the app
• Remove copyright notices or proprietary marks
• Rent, lease, or lend the app to others
• Use for commercial purposes without written permission

Your Content & User-Generated Content

• You Own It: You retain all rights to photos, reviews, and posts you create
• License to Us: By uploading, you grant SunSpots a worldwide, royalty-free license to display, share, and modify your content
• Story Auto-Delete: Stories are deleted after 24 hours automatically
• Reviews: Reviews are permanent unless you delete them
• Copyright Infringement: You represent that your content doesn't violate anyone else's IP rights

DMCA & Copyright Claims

If you believe content infringes your copyright:

1. Send a DMCA notice to legal@qubitumai.com
2. Include: description of work, location in app, proof of ownership
3. We will investigate and remove infringing content within 48 hours
4. Users may file counter-notice if removal was erroneous

7. Warranties & Disclaimers

AS-IS Service

SunSpots is provided "as is" without warranties of any kind. We disclaim:

• Merchantability (fitness for sale)
• Fitness for particular purpose
• Non-infringement (that the app doesn't violate IP rights)
• Accuracy of data or recommendations

Service Interruptions

SunSpots may experience:

• Scheduled maintenance (we'll notify you in advance)
• Unscheduled outages (we'll restore ASAP)
• Feature updates (may require app update)
• Bugs or errors (we'll fix when discovered)

We are NOT liable for lost data, missed spots, or opportunities due to outages.

Outdoor Conditions Disclaimer

IMPORTANT:

• UV and weather signals are informational context only
• They are not personalized health, safety, or medical advice
• You remain responsible for your outdoor decisions and local conditions
• We are not liable for decisions made from venue, weather, or UV information

Location Data Disclaimer

• Location data may be inaccurate or delayed
• GPS can be affected by weather, buildings, tunnels
• Don't rely solely on SunSpots for navigation
• We're not liable for location-based accidents or injuries

8. Limitation of Liability

Cap on Damages

EXCEPT WHERE PROHIBITED BY LAW, our liability is limited to:

• The amount you paid for your subscription in the last 12 months
• If you used the free tier: 10 EUR / 10 USD (or equivalent)

Excluded Damages

We are NOT liable for:

• Lost profits or revenue
• Lost data or business interruption
• Indirect, incidental, or consequential damages
• Damages arising from user error or misuse
• Third-party service failures (Google Maps, Weather API, etc.)

Important Note

Some jurisdictions do not allow limitation of liability. In those cases, our liability is limited to the maximum allowed by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless QubitumAI SAS from any claims, damages, or costs arising from:

• Your violation of these Terms
• Your use of SunSpots
• Content you upload (photos, reviews, etc.)
• Your infringement of third-party IP rights
• Claims by other users against you

10. Dispute Resolution & Governing Law

Governing Law

These Terms are governed by French law (specifically Droit français) and the laws of the European Union, without regard to conflict of law principles.

Jurisdiction & Venue

• Disputes in France: Paris Commercial Court
• International Users: You consent to jurisdiction in France
• Exceptions: Some countries (e.g., Australia, USA) require local jurisdiction

Informal Resolution (Mediation First)

Before filing legal action:

1. Contact us at support@qubitumai.com with subject line "Dispute Notice"
2. Describe the issue in detail
3. We will respond within 30 days with a resolution offer
4. If unresolved, we'll attempt mediation with a neutral third party
5. Mediation lasts 60 days; either party can exit

Formal Legal Action

If mediation fails, you may pursue legal action in the appropriate court. Each party bears its own costs unless a court awards attorney's fees.

Class Action Waiver

You waive the right to participate in class action lawsuits. Disputes must be resolved individually.

11. Termination

Termination by You

• Delete the app from your device
• Close your account in Settings → Account → Delete Account
• Your data will be deleted within 30 days

Termination by Us

We may terminate or suspend your access if you:

• Violate these Terms
• Engage in illegal or harmful activity
• Stop using the app for 2+ years (we may archive your data)

Effect of Termination

• Your account is closed and data is deleted
• You lose access to premium features
• We retain your data for 30 days before permanent deletion
• Some data (crash reports, analytics) may be retained as required by law

12. Severability & Waiver

Severability

If any provision of these Terms is found invalid or unenforceable, that provision is modified to the minimum extent necessary, and the rest of the Terms remain in effect.

Waiver

If we don't enforce a provision of these Terms, that doesn't mean we've waived our right to enforce it later. No waiver is effective unless in writing and signed by QubitumAI.

13. Entire Agreement

These Terms of Service, combined with our Privacy Policy and any other policies we publish, constitute the entire agreement between you and QubitumAI regarding SunSpots.

If there's a conflict between this Terms and our Privacy Policy, the Privacy Policy controls regarding data handling.

14. Changes to These Terms

We may update these Terms at any time. When we do:

• We'll notify you via in-app notification and email
• Changes take effect 30 days after notification
• Your continued use means you accept the updated Terms
• If you don't agree, you must stop using SunSpots

15. Contact Us