Last modified: December 07, 2023

Welcome to Mapin ("Mapin").

We're excited to welcome you as a user on our location-based social network Mapin, where you can discover what's happening in the real world in real-time. We wrote these Terms of Service (“Terms”) so you can understand the rules that apply when you use our Service (“Service”). We've done our best to make these Terms easy to understand, but in some parts, they might still sound a bit like a regular contract. These Terms do indeed form a legally binding contract between you and Mapin, so please read them carefully.

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1. About the Mapin Service:

Our service includes all products, features, applications, services, technologies, and software designed and created by Mapin to fulfill our mission: To help people and businesses to create new connections around the world, discover new places or activities in real-time and connect anywhere at anytime.

See what's happening in real-time:

You will know what is happening nearby, at places you like or at any other location in the world – and this instantly.

Location-based interaction possibilities:

Connect virtually and location-based anywhere, anytime at public places, events or locations.

Sharing authentic moments:

Photos and videos created with the app will convey an exact image of the reality at a specific location and disappear within 12 hours.

Data Policy:

The Privacy Policy explains how we collect, use, and share your personal data.

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2. How to use Mapin:

For Mapin to be open, inclusive, and secure, users must adhere to certain rules:

Who can use Mapin:

• Anyone can use our platform, whether you identify as a human, plant, or unicorn.
• You are not allowed to receive any part of our Service if it is prohibited by the relevant laws.
• Your account should not have been disabled before due to the violation of these Terms, any of our policies, or the law.

Prohibited Actions:

• Posting unlawful, misleading, or illegal content is strictly forbidden.
• Content featuring violence, animal cruelty, or explicit sexual content will be removed, and users responsible may be banned.
• Actions that disrupt the intended operation of the service, such as repetitive posts without added value, are not allowed.
• Interference with reporting, dispute, or appeals channels is prohibited.
• Impersonation or providing inaccurate information is not allowed.
• Unauthorized access or collection of pictures and information is prohibited.
• Selling, licensing, or purchasing accounts or data obtained from Mapin is not allowed.

Respecting Rights:

• Private or confidential information should not be posted without permission.
• Modifying, translating, or reverse engineering our products without consent is prohibited.

Users violating these terms or policies may be blocked without notice, and we reserve the right to take legal action.

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3. Your Account:

To access our Services, creating a unique account is mandatory. Follow the app's instructions for a seamless registration process. Here are some vital points to note about your Mapin account:

One Account Policy:

• Only one account per individual is allowed.
• Accounts must be created using real identities and for personal use only.
• Prohibited to use another person's identity for account creation, as it is both unethical and illegal.
• Providing accurate information about oneself is a requirement.
• Permanent bans will prevent the creation of a new account.

Username:

When setting up your account, you'll be asked to create a username and a name. Keep in mind that the majority of your profile data is visible to other users, including friends of friends and those using Mapin.

Mail and Verification:

You'll need an active email address to create a useraccount on Mapin. We require you to verify your email address during the registration process to prevent others from creating accounts with it. We'll send a text message containing a verification code to the email address you provide. To complete the registration, you'll need to enter the received code.

Please note that your Mapin account is tied to your email address. To continue using our Services, make sure your email address remains valid. If your email address becomes invalid, you won't be able to access your account anymore.

If you need to change your email address but want to keep your data, please contact us on info@mapin.ch.

Onboarding and Unique Verification:

The onboarding process is a one-time event during the initial registration. After this process, your account grants access to Mapin. The described email address verification occurs only once.

Geolocation:

Upon registration, we'll request access to your device's location. You can control the status of your device's location data through device settings. Note that some Services only work when device location is turned on. We understand, of course, that there may be times where you don’t want to share your location data. Your location is not published uncertainly. You only share your location each time you add a pin to the map.

Notifications:

Stay informed by enabling notifications for friend requests, interactions, and updates on your friends' activities, such as new pins from your favorites.

Account Security:

We prioritize the security of your account. Although there are no specific password requirements, safeguard your phone with a robust password. If you suspect any fraudulent activity or unauthorized account use, notify us promptly via info@mapin.ch. Utilize a lock screen to enhance data protection in case of lost or stolen phones.

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4. Your Permissions:

By using Mapin, you grant us permissions to provide the service:

Content Usage:

• When sharing content covered by intellectual property rights, you grant us a you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the app in a way that these Terms allow.
• Mapin is for humans only and not for bots or any AI.

Updates and Modifications:

• You agree that we can automatically download and install updates, upgrades, or other features and modifications to the service on your device.
• If updates aren't essential for a Service's digital compliance, you retain the right to decline the update or, if applicable, uninstall the app.

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5. Other Rights:

At Mapin, we stand up for the individual rights and hold the expectation that you will do the same. Consequently, using our Services or assisting others in their use is strictly prohibited if it involves:

Respect for Rights:

• Avoid actions that violate or encroach upon someone else's rights of publicity, privacy, copyright, trademark, or any other intellectual property right.

Harassment and Bullying:

• Refrain from engaging in behaviors such as bullying, harassment, or intimidation.

Defamation:

• Do not commit acts of defamation, which includes making false statements that harm someone's reputation.

Spam and Solicitation:

• Steer clear of spamming or soliciting our users, fostering a more genuine and positive interaction within our community.

We've crafted our Services with the aim of fostering a secure environment where everyone can strengthen their friendships and share experiences freely. To maintain this positive atmosphere, we have a strict zero-tolerance policy regarding any misuse or unauthorized use of our Services for monitoring or stalking purposes. Violations of this policy will lead to an immediate ban. Let's work together to ensure a safe and enjoyable community for all.

It is also imperative to respect the rights of Mapin. These Terms explicitly prohibit you (or anyone else) from:

Use of Materials:

• Refrain from using branding, logos, designs, photographs, videos, or any other materials utilized in our Services without proper authorization.

Content Usage Restrictions:

• Avoid copying, archiving, downloading, distributing, syndicating, broadcasting, performing, displaying, making available, or using any portion of the Services or its content unless expressly authorized in these Terms.

Commercial Use Limitations:

• Do not use the Services, any tools provided by the Services, or any content on the Services for commercial purposes without obtaining our explicit consent.

You acknowledge additional terms:

• We retain all rights to content covered by intellectual property rights that we own.
• Our intellectual property and trademarks cannot be used without our prior written permission.
• Written permission is required to modify, create derivative works of, or extract source code from us.

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6. Privacy:

We are committed to making our Services a secure space for all users, and your collaboration is essential. Through your use of the Services, you acknowledge and agree that:

Legal and Prohibited Use:

• You will not use the Services for any illegal or prohibited activities outlined in these Terms.
• Creation of fake accounts or using someone else’s identity to establish an account is strictly forbidden.

Automated Access:

• You will not employ robots, crawlers, or any other automated means to access the Services or extract other users' data.

Third-Party Applications:

• Without our written consent, you will not use or develop any third-party applications that interact with the Services or other users’ content or data.

Service Disruption:

• Your usage will not interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.
• You will not engage in activities that could damage, disable, overburden, or impair the functioning of the Services.

Unauthorized Account Access:

• You will not use or attempt to use another user’s account without their explicit permission.

Content Restrictions:

• Posting content containing pornography, graphic violence, threats, hate speech, or incitements to violence is strictly prohibited.

Security Measures:

• You will not upload viruses or other malicious code that compromises the security of the Services.

Bypassing Filters and Unauthorized Access:

• You will not attempt to circumvent content-filtering techniques employed by us or try to access areas or features of the Services without proper authorization.

Security Testing:

• You will not probe, scan, or test the vulnerability of our Services, systems, or networks.

Compliance with Terms:

• You will not encourage or promote any activities that violate these Terms.

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7. Removal of Content and Termination:

If, in our judgment, we find that your posted content, information, or your behavior while using the Service goes against these Terms or our policies, or if compelled by legal requirements, we reserve the right to remove such content or information you've posted. To safeguard our community or services, or if your actions pose a risk or legal exposure, if there's a violation of these Terms or our policies, if there's repeated infringement of others' intellectual property rights, or if mandated by law, we may refuse to provide the entire Service or part of it, or discontinue it immediately. Additionally, we may terminate or modify the Service, block or remove shared content or information, or cease providing all or part of the Service if we reasonably believe it is necessary to prevent or mitigate any adverse legal or regulatory impact on us. If you think your account was terminated erroneously, please contact us at: info@mapin.ch

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8. Removal of Content upon Request:

Users have the option to report inappropriate content through the Service by reaching out to us at info@mapin.ch. Our dedicated investigation team will thoroughly review the reports, ensuring their validity, and, if deemed necessary, promptly remove the content. Further measures will be taken against the user in question to maintain the integrity and safety of our community.

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9. Our Liability:

Our Commitment:

We strive to provide you with our Service responsibly, maintaining a secure and seamless environment. While we make every effort to ensure uninterrupted and error-free operation, we cannot guarantee that our Service will be free from occasional interruptions, delays, or imperfections.

Our Limitations:

We want to be transparent about our limitations. We are not liable for losses that do not result from a breach of these Terms or actions on our part. This includes losses that were not foreseeable at the time you entered into these Terms. We also cannot take responsibility for offensive, inappropriate, obscene, unlawful, or objectionable content posted by others on our Service. Additionally, events beyond our control are not within our liability.

Exclusion of Certain Damages:

It's important to note that we are not responsible for consequential or indirect damages arising from the use of our Service. This includes but is not limited to unrealized savings, our own expenses, third-party claims, or losses due to the loss of data. We appreciate your understanding of these limitations as we work to provide you with the best possible Service.

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10. Miscellaneous:

By using our service, you agree to principles such as unenforceability of any term not affecting the remaining terms and our reservation of all rights.

Enforceability Assurance:

• In the event that any part of these Terms becomes unenforceable, the remaining provisions will continue to be effective.

Reserved Rights:

• We retain all rights not explicitly granted to you, ensuring a comprehensive and fair use of our Service.

Third-Party Exclusion:

• These Terms do not confer rights upon any third parties, maintaining a direct relationship between users and our Service.

Non-Transferability:

• Without our consent, you are not permitted to transfer your rights or obligations under these Terms.

Transfer of Rights and Obligations:

• We hold the flexibility to assign our rights and obligations, a scenario that may unfold in cases like changes in ownership, such as mergers, acquisitions, or asset sales, or as required by law.

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11. Resolution of Claims and Disputes:

For claims or disputes arising from your use of the Service as a consumer, it is mutually agreed that you may file your individual claim or dispute against us, and reciprocally, we may file our claim or dispute against you. This is to take place in any competent court within the country of your main residence, possessing jurisdiction over the matter. The governing laws will be those of that country, disregarding conflict of law provisions.

In cases of claims or disputes between us that pertain to the use of the Service in any other capacity, such as for business or commercial purposes, you consent to the resolution of such matters in a competent court located in the city of Zurich, Switzerland. Swiss law will govern these proceedings, unaffected by conflict of law provisions. This approach ensures a fair and transparent resolution process tailored to the nature of the claim or dispute at hand.

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12. Severability:

In the event that any provision of these Terms is deemed unenforceable, we will delicately remove that specific provision, ensuring it doesn't impact the validity and enforceability of the remaining provisions. This approach aims to maintain the overall integrity and effectiveness of these Terms.

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13. Disclaimers:

The Services are delivered "as is" and "as available," and within the bounds of the law, they come without any warranties, be they express or implied. This encompasses implied warranties, services, or other terms related to factors such as merchantability, satisfactory quality, fitness for a specific purpose, title, quiet enjoyment, or non-infringement, as well as those arising from a course of dealing. While we, at Mapin, strive for an optimal user experience, we cannot guarantee that (a) the Services will consistently be secure or error-free; (b) the Services will operate without delays, disruptions, or imperfections

If the laws in your country prohibit the exclusions of liability outlined in this clause, these exclusions won't apply.

Mapin do not assume responsibility or liability for any content created, posted or stored on or through our Services by you, another user, or a third party. It's acknowledged that you may come across content that could be offensive, illegal, misleading, or otherwise inappropriate. Mapin will not be held responsible for such content.

It's important to note that nothing in these Terms will waive our responsibility to remove content if required by the laws of the country where you reside.

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14. Modifying the services and termination:

We may update these terms to reflect changes in our service and policies. Users will be notified, and continued use implies acceptance of updated terms. If you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account from the Mapin app.

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15. Contact us:

We genuinely welcome your input! Whether you have questions or valuable feedback about our Services, don't hesitate to reach out to us on info@mapin.ch. Your thoughts are important to us, and we look forward to connecting with you.

Thank you for being a part of our community.