Terms & Conditions

1. Acceptance of Terms

By creating an account, downloading our mobile app, or accessing any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

1.1 Legal Capacity

You must be at least 16 years old to use our Services. If you are under 18, you confirm that you have parental or guardian consent to use our Services.

1.2 Geographic Restrictions

Our Services are primarily designed for users in the United Kingdom and European Union. Access from other jurisdictions may be subject to local laws and restrictions.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Services. Your continued use after changes constitutes acceptance of the modified Terms.

2. Service Description

SunSeekr is a location-based service that helps users discover sunny spots, outdoor venues, and weather-optimized locations in their city and beyond.

2.1 Service Features

• Location Discovery: Interactive maps showing sunny spots, outdoor venues, parks, and cafés
• Real-Time Weather: Current conditions and forecasts for selected locations
• Personalized Recommendations: Suggestions based on your preferences and current weather
• Saved Favorites: Ability to save and organize your favorite locations
• Business Listings: Verified business profiles for outdoor venues and spaces
• Mobile Apps: iOS and Android applications with native features

2.2 Service Availability

We strive to provide continuous service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account. You may register using:

• Email address and password
• Google OAuth authentication
• Other third-party authentication methods we may offer

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

3.3 Account Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary. Providing false information may result in account suspension or termination.

3.4 Account Termination

You may delete your account at any time through the privacy settings. Upon deletion:

• Your personal data will be deleted or anonymized in accordance with our Privacy Policy
• Saved favorites, preferences, and account history will be permanently deleted
• Active subscriptions will be canceled (subject to refund policy in Section 4.5)

4. Subscriptions & Payments

4.1 Free Services

SunSeekr offers free access to core features including location search, basic weather information, and saved favorites (limited).

4.2 Premium Subscriptions

We offer premium subscription tiers with additional features:

• SunSeekr Premium: Unlimited favorites, ad-free experience, priority support
• Business Account: Business profile management, analytics, promotional features

4.3 Billing & Renewal

Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless canceled before the renewal date. You will be charged the then-current subscription rate.

Payment Processing: Payments are securely processed through Stripe. We do not store your complete payment card details.

Billing Cycle: Your billing cycle begins on the date of your initial subscription purchase and renews on the same calendar date each period.

4.4 In-App Purchases (Mobile)

Subscriptions purchased through Apple App Store or Google Play Store are subject to their respective terms and billing policies:

• iOS: Managed through your Apple ID account. Cancellation via App Store subscriptions settings.
• Android: Managed through your Google Play account. Cancellation via Google Play subscriptions settings.

We do not control in-app purchase billing. For billing questions related to mobile purchases, contact Apple or Google directly.

4.5 Cancellation & Refunds

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the period expires.

Refund Policy:

• Web Subscriptions: Refunds are issued at our discretion for unused portions of subscriptions canceled within 14 days of purchase (EU/UK consumer right of withdrawal).
• Mobile App Subscriptions: Refunds are subject to Apple and Google policies. Submit refund requests through their respective platforms.
• No Partial Refunds: We do not provide pro-rated refunds for partial billing periods except as required by law.

4.6 Price Changes

We may change subscription prices at any time. Price changes for existing subscribers will take effect at the next renewal after 30 days' notice.

5. Mobile Application Terms

5.1 App Store Compliance

Our iOS and Android apps are distributed through Apple App Store and Google Play Store. Your use is also subject to their respective terms:

• Apple Licensed Application End User License Agreement
• Google Play Terms of Service

5.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our mobile apps on devices you own or control, solely for your personal use.

5.3 Device Requirements

• iOS: Requires iOS 13.0 or later. Compatible with iPhone, iPad.
• Android: Requires Android 7.0 or later.

5.4 Permissions

Our mobile app may request the following permissions:

• Location Services: To show nearby venues and provide location-based recommendations. You may grant "while using app" or "always" permission. Required for core functionality.
• Push Notifications: To send weather alerts, personalized recommendations, and service updates. Optional and can be disabled in device settings.
• Camera/Photos: To upload profile pictures or venue photos (if you choose to contribute content). Optional.

5.5 Updates & Support

We may release updates to improve functionality, fix bugs, or add features. Updates may be required to continue using the app. We provide technical support via email at support@sunseekr.com.

5.6 Third-Party Components

The mobile app uses third-party services for core functionality, including:

• Push Notifications: Delivery of alerts and updates
• Analytics: Usage tracking and app performance monitoring
• Mapping: Interactive map display and location services

See our Privacy Policy for details on data sharing with these services.

6. User-Generated Content

6.1 Your Content

"User Content" means any content you submit, upload, or share through our Services, including:

• Venue reviews and ratings
• Photos and images
• Comments and feedback
• Profile information and descriptions

6.2 Content License

By submitting User Content, you grant SunSeekr a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, distribute, and display your User Content within the Services
• Modify, adapt, and create derivative works for the purpose of providing and improving the Services
• Publicly display your username and profile in connection with your User Content

6.3 Content Ownership

You retain ownership of your User Content. The license granted above does not transfer ownership to us.

6.4 Content Representations

By submitting User Content, you represent and warrant that:

• You own the content or have the necessary rights to grant the license above
• Your content does not infringe any third-party intellectual property rights
• Your content complies with these Terms and applicable laws
• You have obtained all necessary permissions and consents (e.g., from people appearing in photos)

6.5 Content Removal

We reserve the right to remove or disable any User Content that violates these Terms, infringes rights, or is otherwise objectionable, without notice.

7. Prohibited Uses

7.1 Illegal & Harmful Activities

You may not use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading activities
• Harass, threaten, stalk, or abuse other users
• Distribute malware, viruses, or other harmful code
• Engage in any activity that could damage, disable, or impair our Services

7.2 Misuse of Services

You may not:

• Create fake or impersonated accounts
• Use automated systems (bots, scrapers) to access our Services without permission
• Attempt to gain unauthorized access to our systems or user accounts
• Reverse engineer, decompile, or disassemble our software
• Bypass or circumvent security or access controls
• Overload our systems or interfere with other users' access

7.3 Prohibited Content

You may not submit content that:

• Is illegal, obscene, defamatory, or offensive
• Infringes intellectual property rights
• Contains false or misleading information
• Includes spam, advertising, or promotional content (unless authorized)
• Contains personal information of others without consent
• Violates privacy rights

7.4 Business Use Restrictions

Free accounts may not be used for commercial purposes without upgrading to a Business Account. Prohibited commercial activities include claiming multiple business listings or using scraped data for commercial purposes.

8. Intellectual Property Rights

8.1 SunSeekr Ownership

All rights, title, and interest in the Services, including all software, designs, text, graphics, logos, trademarks, and other content (excluding User Content) are owned by or licensed to SunSeekr Ltd.

8.2 Trademarks

"SunSeekr," the SunSeekr logo, and other marks are trademarks of SunSeekr Ltd. You may not use our trademarks without prior written permission.

8.3 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works of our Services
• Remove or alter copyright notices, trademarks, or proprietary rights notices
• Use our intellectual property in a manner that suggests endorsement or affiliation

8.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, worldwide license to use and incorporate such feedback without compensation or attribution.

9. Copyright Infringement & DMCA

9.1 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Services infringes your copyright, submit a takedown notice to our designated Copyright Agent.

9.2 Copyright Agent

9.3 DMCA Notice Requirements

To be effective, your DMCA notice must include:

1. Your physical or electronic signature
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the infringing material and its location on our Services (URL or description)
4. Your contact information (address, phone, email)
5. A statement that you have a good faith belief that use of the material is unauthorized
6. A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

9.4 Counter-Notice

If your content was removed due to a DMCA notice and you believe it was removed in error, you may submit a counter-notice to our Copyright Agent with the information required by 17 U.S.C. § 512(g)(3).

9.5 Repeat Infringer Policy

We will terminate accounts of users who are repeat copyright infringers.

10. Disclaimers & Limitations of Liability

10.1 "AS IS" Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, reliability, or completeness of any content or data
• Uninterrupted, secure, or error-free operation
• Suitability of weather data for any specific purpose

10.2 Third-Party Content

We do not endorse or guarantee the accuracy of User Content, business listings, venue information, or third-party content. You use such content at your own risk.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNSEEKR LTD SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, consequential, special, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage arising from your use of the Services
• Any damages arising from reliance on weather data or location recommendations
• Unauthorized access to your account or data
• Errors, interruptions, or defects in the Services

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• £100 GBP, or
• The amount you paid to us in the 12 months preceding the claim

10.4 UK/EU Consumer Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded under UK or EU law

10.5 External Links

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of such external sites.

11. Indemnification

You agree to indemnify, defend, and hold harmless SunSeekr Ltd, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content
• Any fraudulent or illegal activity

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12.3 EU Online Dispute Resolution

EU consumers may access the European Commission's Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr/

12.4 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at support@sunseekr.com to seek an informal resolution.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through app settings
• Emailing support@sunseekr.com with a deletion request

13.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent, illegal, or harmful activities
• Your account has been inactive for more than 2 years
• We are required to do so by law or regulatory authority
• Continuing to provide Services would pose a legal or security risk

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• Your personal data will be deleted in accordance with our Privacy Policy
• Active subscriptions will be canceled (subject to refund policy)
• Sections of these Terms that by their nature should survive termination will remain in effect (including Sections 6.2, 8, 10, 11, 12)

14. Changes to These Terms

We may update these Terms from time to time to reflect:

• Changes in our Services or business practices
• Legal, regulatory, or security requirements
• Improvements to clarity or user experience

14.1 Notification

We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email to your registered email address (for significant changes)
• Displaying an in-app notification (for mobile app users)

14.2 Acceptance

Your continued use of the Services after the effective date of changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and may delete your account.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SunSeekr Ltd regarding the Services and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, or infrastructure failures.

15.6 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and SunSeekr Ltd.

15.7 Survival

Provisions that by their nature should survive termination (including but not limited to Sections 6.2, 8, 10, 11, 12) shall survive the termination of these Terms.

16. Contact Information

For the most current version of these Terms & Conditions, please visit sunseekr.com/terms