Terms of service

RoamifyAI ("RoamifyAI", "we", "us" or "our") is a technology platform that helps users plan, generate, host and share narrated self-guided walking tours and similar content (collectively, the "Service"). RoamifyAI acts solely as a technology platform provider and does not operate as a tour operator, travel agent, or professional service provider.

Some features may use artificial intelligence-based routing or text-to-speech capabilities provided by third parties. RoamifyAI is not responsible for the performance, accuracy, or availability of such third-party AI services beyond RoamifyAI's obligation to exercise reasonable care in selecting and monitoring such third-party providers. RoamifyAI's liability for failures of third-party AI services is limited to reselecting or replacing such providers where commercially reasonable.

• Generated Content ("Generated Content") means suggestions, recommendations, routes, narration, descriptions, text, audio, or other output produced by RoamifyAI’s artificial intelligence systems or third-party AI providers in response to your prompts.
• You ("you") means the individual using the Service or the organization you represent. If you use the Service on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization to these Terms, and that organization agrees to be bound by these Terms. In such cases, references to "you" include both the individual and the organization.

• Minimum age. You must be at least 18 years old to use the Service.
• Account registration. To save, publish, purchase or share tours you may need an account. You agree to provide accurate information and keep your credentials secure. You are responsible for all activity under your account and agree to immediately notify RoamifyAI of any unauthorized use or security breach. You are responsible for all activity under your account, and RoamifyAI shall have no liability for any losses or damages arising from unauthorized use of your account resulting from your failure to maintain the security of your credentials, except to the extent such unauthorized use results from a security breach of RoamifyAI's systems caused by RoamifyAI's gross negligence or willful misconduct.
• Organization use. If you use the Service on behalf of an organization, you represent and warrant that you have full legal authority to bind the organization to these Terms, and the organization agrees to be bound by these Terms.
• Suspension and termination. We may suspend or terminate your account or restrict features immediately if we reasonably believe you violated these Terms or applicable law, if your use poses a security or legal risk to us or others, if payment fails, or if required by law, court order, or government authority. Where practicable and legally permissible, we will provide you with reasonable prior notice before termination, except in cases involving: (i) material security risks; (ii) legal or regulatory compliance requirements; (iii) repeated or material violations of these Terms; (iv) fraudulent activity; or (v) circumstances where providing notice would be prohibited by law or court order. You may cancel your account at any time by following the instructions in your account settings.

Our Privacy Policy (available at https://www.roamifyai.com/privacy, not incorporated into these Terms) explains how we collect, use and share personal data. By using the Service, you agree that we may process data as described in the Privacy Policy.

RoamifyAI helps you create and share self-guided walking tours. Features may include route planning, point-of-interest suggestions, AI-generated narration, text-to-speech audio, offline caching and sharing/embedding tools. We may add, remove or modify features at any time, provided that for paid subscription features, we will provide thirty (30) days' prior written notice before removing or materially degrading any feature that was available at the time of purchase. If such changes materially diminish the value of the Service, you may terminate your subscription within thirty (30) days of receiving such notice and receive a pro-rata refund of prepaid fees for the unused portion of your subscription term.

• Mapping, routing and hosting providers. The Service may integrate third-party services (e.g., map and routing providers, text-to-speech engines, hosting or payment processors). RoamifyAI makes commercially reasonable efforts to select reliable third-party service providers but makes no representations or warranties regarding the performance of third-party services and, to the maximum extent permitted by law, disclaims all liability for the acts or omissions of these third-party service providers. Your use of third-party services is at your sole risk and may be subject to their separate terms and conditions. You agree to pursue any claims relating to third-party services directly with those third-party providers. For example, you acknowledge and agree that you must independently verify all routes, directions, and location information before relying on them. You are solely responsible for obeying all traffic laws, assessing road conditions, and complying with all safety requirements. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROAMIFYAI SHALL HAVE NO LIABILITY FOR ANY ACCIDENTS, INJURIES, PROPERTY DAMAGE, OR OTHER LOSSES RESULTING FROM YOUR RELIANCE ON NAVIGATION OR MAPPING INFORMATION.
• Third-party content. The Service may display content from other users or third parties. RoamifyAI does not endorse, verify, or guarantee the accuracy, completeness, reliability, or legality of such content. You acknowledge and agree that you access and use third-party content at your sole risk, and TO THE MAXIMUM EXTENT PERMITTED BY LAW, RoamifyAI disclaims all liability for any damages or losses arising from third-party content displayed through the Service.
• External links. Links to third-party websites or services are provided for convenience only and do not constitute endorsement. RoamifyAI is not responsible for and makes no representations or warranties regarding third-party websites, services or content. Your use of third-party websites is at your sole risk and subject to their terms and policies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RoamifyAI disclaims all liability for any damages arising from your access to or use of third-party websites or services.

You agree not to (and will not allow others to):

• Illegal, harmful or abusive activities. Use the Service for any unlawful, fraudulent, harmful or abusive purpose; harass or harm others; trespass or access restricted areas; solicit illegal activities; or violate any applicable law.
• Safety violations. You agree not to use the Service in a way that distracts you from operating a vehicle or paying attention to your surroundings, or in violation of distracted-driving laws or safety advisories. You acknowledge that use of the Service while operating a vehicle or in hazardous situations is dangerous, prohibited by these Terms, and at your sole risk, and you agree to hold RoamifyAI harmless from any accidents, injuries, or damages resulting from such prohibited use.
• Misleading or harmful content. Upload or share content that is unlawful, obscene, exploitative, defamatory, harassing, hateful, discriminatory or that infringes others’ rights (including privacy, publicity and intellectual property).
• Malware and interference. Upload malware or other malicious code; interfere with or disrupt the Service or servers; bypass access controls, rate limits or security features; attempt to reverse engineer or discover source code or underlying models (except as permitted by law).
• High-impact decisions. Use Generated Content to make determinations about a person’s eligibility or access to credit, employment, housing, insurance, medical care, education or other essential services.
• Misrepresent AI output. Falsely represent that Generated Content was created by a human when it was not or remove any "AI-generated" disclosures.
• Spam and scraping. Use automated systems or software to scrape, extract or copy data or output; send spam, unsolicited promotions, or bulk communications; or overload our infrastructure.
• Competitive misuse. Use the Service or Generated Content to develop, train or improve a competing AI or tour guide service without our prior written permission.
• Other prohibited conduct. Engage in any activity that RoamifyAI, acting in good faith and in its sole discretion, reasonably determines to be harmful to RoamifyAI, our users, or the public.

We may remove content, restrict visibility, or suspend accounts if we believe you violated these Terms or if necessary to protect the Service or its users.

• Plans and features. RoamifyAI may offer free and paid plans. Paid plans may provide higher daily limits, premium features or watermark-free embeds. Plan features and limits may change over time with reasonable notice to subscribers.
• Subscriptions and auto-renewal. If you purchase a subscription, you authorize us (and our payment processor) to charge your payment method on a recurring basis until you cancel. Subscriptions renew automatically at the then-current rate unless you cancel before the renewal date. If a payment fails, you will lose the ability to create any new Generated Content. RoamifyAI shall not be liable for any data loss or service interruption resulting from payment failure.
• Cancellation and refunds. You can cancel a subscription through RoamifyAI’s third-party provider. Cancellation stops future renewals but does not automatically refund already-paid amounts, except where required by law. If you believe you were billed in error, you must contact us within sixty (60) days of the charge. We will investigate all good-faith billing disputes and provide a written response within thirty (30) business days.
• Taxes. You are responsible for all applicable sales, use, value-added, and other taxes, duties and governmental assessments (except for taxes based on RoamifyAI’s net income) associated with your purchase and use of the Service, unless RoamifyAI is required by law to collect such taxes, in which case RoamifyAI will collect and remit such taxes to the appropriate authorities. Each party shall be responsible for taxes based on its own net income.
• Changes to pricing. We may change subscription prices upon reasonable notice, and we will notify you at least thirty (30) days in advance of any price increase. Price changes will apply to your next renewal after the notice period; you may cancel before the renewal date if you do not agree to the new price.

You may stop using the Service at any time and may request account deletion through the Service (where available). RoamifyAI may suspend or terminate your access if: (i) you materially violate these Terms and fail to cure such violation within fifteen (15) days of written notice; (ii) your use poses an imminent and demonstrable security risk or legal exposure for us or others, as determined in good faith; (iii) you are located in a country subject to comprehensive U.S. sanctions; (iv) you are listed on any U.S. government restricted-party list; (v) your conduct is fraudulent or abusive, as evidenced by clear and convincing evidence; or (vi) you fail to pay amounts due by the payment due date.

We may provide written notice of termination via RoamifyAI’s third-party payment processor. Upon termination, your right to create new Generated Content ends immediately. If termination is due to non-payment, your account may be re-instated upon purchasing new credits or renewing your subscription via RoamifyAI’s third-party payment processor.

RoamifyAI will retain your account data for at least ninety (90) days following termination, during which you may request export of your data in a standard, machine-readable format at no additional charge. RoamifyAI may provide reasonable assistance with data export. After this period, RoamifyAI may delete your account data, except as required by law or for legitimate business purposes.

Sections that, by their nature, should survive termination (including intellectual property rights, payment obligations for services rendered prior to termination, indemnification for pre-termination conduct to the extent such conduct occurred during the term, limitation of liability for pre-termination claims, disclaimers applicable to pre-termination services, dispute resolution and governing law) will survive.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE SERVICE AND ALL CONTENT (INCLUDING GENERATED CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE."

To the maximum extent permitted by law, except for the express warranties stated herein, ROAMIFYAI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free.

We warrant that the Service will be provided in a professional and workmanlike manner consistent with generally accepted industry standards for AI-powered SaaS services. If the Service fails to meet this warranty, your exclusive remedy shall be for RoamifyAI to re-perform the deficient services or, if RoamifyAI cannot substantially correct the deficiency within thirty (30) days, you may terminate the applicable subscription if applicable and receive a pro-rata refund of prepaid fees for the terminated portion of the subscription term.

Generated Content is provided as-is, and we do not warrant that it will be accurate, complete, or suitable for any particular purpose. We will implement and maintain commercially reasonable administrative, physical, and technical security measures and backup procedures designed to protect against unauthorized access, loss, or alteration of customer data, consistent with industry standards for travel industry service providers.

Users of similar services are advised that AI outputs may not always be accurate and should not be relied on as a sole source of truth. You acknowledge that any use of the Service and Generated Content is at your sole risk.

To the maximum extent permitted by law:

• Indirect and consequential damages. RoamifyAI will NOT be liable for indirect, incidental, special, consequential or punitive damages or for loss of profits, revenue, data or goodwill arising out of or related to your use of (or inability to use) the Service.
• Maximum liability. To the maximum extent permitted by law, RoamifyAI's total liability for all claims arising out of or relating to the Service will not exceed the amounts you paid to RoamifyAI for the Service in the 12 months before the event giving rise to the claim. This limitation shall not apply to claims arising from: (i) RoamifyAI's gross negligence or willful misconduct; (ii) RoamifyAI's violations of applicable data protection laws; (iii) RoamifyAI's infringement of third-party intellectual property rights; or (iv) death or bodily injury caused by RoamifyAI's gross negligence.
• Jurisdictional limitations. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In those cases, RoamifyAI’s liability is limited to the maximum extent permitted by law.

You shall indemnify, defend and hold harmless RoamifyAI and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service in material violation of these Terms; or (b) your violation of applicable law.

RoamifyAI will provide prompt written notice of any such claim, tender defense of the claim to you and reasonably cooperate in the defense at your expense. You shall have control of the defense and settlement of any indemnified claim, provided that: (i) RoamifyAI may participate in the defense with counsel of its own choosing at its own expense; (ii) you shall not settle any claim in a manner that admits fault on behalf of RoamifyAI, imposes obligations on RoamifyAI, requires payment by RoamifyAI, or includes any non-monetary relief affecting RoamifyAI without RoamifyAI’s prior written consent, which shall not be unreasonably withheld; (iii) you shall keep RoamifyAI reasonably informed of the status of the claim and any settlement negotiations; and (iv) if you fail to assume defense of a claim within thirty (30) days after notice, RoamifyAI may assume its own defense and any settlement shall be subject to your approval, not to be unreasonably withheld.

You shall not be required to indemnify RoamifyAI for claims arising from: (i) RoamifyAI’s negligence, gross negligence or willful misconduct; (ii) defects in the Service that do not result from your use in violation of these Terms; (iii) RoamifyAI’s breach of these Terms; (iv) RoamifyAI’s violation of applicable law; or (v) any acts or omissions of RoamifyAI that are independent of your use of the Service.

• Informal resolution. Before filing a claim, either party agrees to contact the other party in writing and provide a detailed description of the dispute and contact information. The parties will attempt in good faith to resolve the dispute informally for at least 30 days before initiating arbitration or litigation.
• Arbitration. Except for disputes seeking injunctive or equitable relief to stop unauthorized use or infringement of intellectual property, trade secrets, or confidential information, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration, not in court, to the extent permitted by law. Either party may seek preliminary injunctive relief in court pending arbitration. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, or by another mutually agreed arbitration provider if AAA is unavailable or unwilling to administer the dispute. The arbitration may be conducted remotely by mutual agreement of the parties, or if the parties cannot agree, in a location mutually convenient to both parties or as determined by the arbitrator considering the convenience of the parties and witnesses. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the arbitrator’s fees and administrative costs unless the arbitrator determines otherwise based on the relative merits of the parties’ positions. The Federal Arbitration Act governs this section.
• Class action waiver. You and RoamifyAI agree that each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding. Both parties expressly waive any right to pursue relief on a class, collective, or representative basis.

These Terms are governed by the laws of the State of North Carolina without regard to conflict-of-law principles. To the extent a dispute is permitted to proceed in court, the parties consent to exclusive venue and personal jurisdiction in the state and federal courts located in Buncombe County, North Carolina. Each party irrevocably waives any objection to venue in such courts and any claim that such courts are an inconvenient forum. Each party consents to service of process by mail or in any other manner permitted by law.

You represent and warrant that you are not located in, and are not a national or resident of, a country subject to comprehensive U.S. sanctions, and are not listed on any U.S. government restricted-party list. You shall notify RoamifyAI immediately, and in no event later than one (1) business day if this representation becomes untrue or if you become aware of any facts that would make this representation untrue. Violation of this provision constitutes a material breach permitting immediate termination by RoamifyAI without notice, and you shall indemnify and hold harmless RoamifyAI from any penalties, fines, or damages arising from your violation of export controls or sanctions laws.

• AI-generated content labeling. Some jurisdictions (such as California under the AI Transparency Act) require that content created by generative AI be labeled or include manifest and latent disclosures. You are solely responsible for compliance with all applicable AI-disclosure laws, regulations, and industry standards when using, sharing, or distributing Generated Content in any manner. RoamifyAI may, but is not obligated to, automatically add visible labels (e.g., "AI-generated") or embed metadata to indicate that content was created using AI. You must not remove or obscure any such disclosures. RoamifyAI shall not be liable for your failure to maintain or add required disclosures under any circumstances. Any labeling or metadata provided by RoamifyAI is provided as a courtesy only and does not constitute legal advice or a representation that such labeling satisfies applicable legal requirements. You acknowledge that legal requirements vary by jurisdiction and use case, and you are solely responsible for determining and implementing appropriate disclosures.
• Self-harm and crisis protocols. In jurisdictions where required by applicable law, RoamifyAI will use commercially reasonable efforts to maintain protocols for preventing the generation of content that encourages self-harm and to direct users to crisis hotlines or support services if the AI detects potential suicidal ideation. RoamifyAI makes no guarantee that such protocols will detect or prevent all harmful content, and you acknowledge that AI systems have inherent limitations. You agree that RoamifyAI shall not be liable for any harm resulting from generated content or failure to detect concerning user inputs to the maximum extent permitted by law.

• Entire agreement. These Terms (and any additional terms you agree to, including RoamifyAI’s Privacy Policy and any specific feature terms or order forms executed by the parties) constitute the entire agreement between you and RoamifyAI regarding the Service and supersede all prior or contemporaneous agreements, proposals, negotiations, representations, and communications, whether written or oral.
• Assignment. You may not assign these Terms or any rights or obligations hereunder without RoamifyAI’s prior written consent and any attempted assignment without such consent shall be void. RoamifyAI may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all assets, or by operation of law, and may also assign to any affiliate or subsidiary, provided that any such assignee agrees to be bound by the terms of this agreement.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force.
• Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Force majeure and service interruption. RoamifyAI is not liable for any delay or failure to perform resulting from events outside our reasonable control (including natural disasters, acts of war, terrorism, governmental actions, or labor disputes not involving RoamifyAI’s own employees), provided that RoamifyAI promptly notifies you of the force majeure event and its expected duration. This force majeure provision does not apply to your payment obligations for services actually rendered. You acknowledge that due to the nature of cloud-based services and reliance on third-party infrastructure, RoamifyAI may experience service interruptions beyond its control. In the event of service interruptions or force majeure, RoamifyAI’s performance obligations shall be suspended for the duration of the service interruption or force majeure event. RoamifyAI shall use commercially reasonable efforts to resume performance as soon as reasonably practicable. If a service interruption or force majeure event continues for more than sixty (60) consecutive days, either party may terminate this agreement upon thirty (30) days’ written notice without liability for future performance. Any fees paid for services not rendered during the force majeure period shall be credited to your account for future use or, at RoamifyAI’s sole discretion, refunded on a pro-rata basis.
• No third-party beneficiaries. Except as otherwise provided in these Terms, this agreement does not confer any third-party beneficiary rights.
• Notice. Each party may provide notice by email to the other party’s designated contact address or by physical mail to the other party’s designated physical address, with notices to RoamifyAI sent to legal@roamifyai.com and notices to Client sent to the email address provided in Client’s account registration or as subsequently updated by Client through the account portal or in writing. Notices shall be deemed received: (i) for email, upon confirmed delivery receipt; or (ii) for physical mail sent via certified mail, return receipt requested, three (3) business days after posting. For notices requiring action within a specific timeframe (including termination notices and objections to changes), the time to respond shall begin upon deemed receipt as set forth above. Each party is responsible for keeping their contact information current.

RoamifyAI reserves the right to modify these Terms at any time by posting the revised Terms on the Service and updating the "Effective Date" above. Your continued use of the Service constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

If you object to any changes that materially and adversely affect your rights under this agreement, you may terminate this agreement within thirty (30) days of receiving notice by providing written notice to RoamifyAI. Upon such termination, you shall receive a pro-rata refund of any prepaid fees for the unused portion of the then-current subscription term. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the updated Terms. The effective date at the top of these Terms indicates when the current version became effective.

For questions about these Terms or to provide legal notices, please contact:

• Email (general inquiries): info@roamifyai.com
• Email (security reports): security@roamifyai.com
• Email (legal notices): legal@roamifyai.com
• Physical address (legal notices): RoamifyAI, 282 W. Millbrook Road, Raleigh, NC 27609