Terms of Use for Gamana

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pharshy LLC d/b/a Siar Labs ("Company," "we," "us," or "our") regarding your use of the Gamana mobile application and related services (collectively, the "Service").

By downloading, installing, accessing, or using Gamana, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Service.

2. Description of Service

Gamana is an AI-powered audio tour application that provides location-based tourism content through:

• Interactive Audio Tours: AI-generated and curated audio content triggered by your geographic location
• Real-time Navigation: GPS-based mapping and wayfinding for tourist destinations
• Text-to-Speech Technology: Conversion of written content into spoken audio
• Personalized Recommendations: Location-aware suggestions based on user preferences and behavior
• Offline Functionality: Downloaded content for use without internet connectivity

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old to use Gamana. Users under 18 must have parental or guardian consent.

3.2 Account Creation

• You may use Gamana with or without creating an account
• If you create an account, you must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized access to your account

3.3 Account Responsibilities

• One account per person; sharing accounts is prohibited
• You are solely responsible for all activities under your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use Policy

4.1 Permitted Uses

You may use Gamana for:

• Personal, non-commercial tourism and educational purposes
• Accessing audio tours and location-based content
• Sharing your experiences through permitted social features

4.2 Prohibited Uses

You agree NOT to:

• Violate Laws: Use the Service for any illegal or unauthorized purpose
• Misuse Location Services: Attempt to spoof, manipulate, or falsify location data
• Reverse Engineer: Decompile, disassemble, or reverse engineer the application
• Commercial Exploitation: Redistribute, sell, or commercially exploit our content
• Automated Access: Use bots, scrapers, or automated tools to access the Service
• Interfere with Service: Attempt to disrupt, damage, or impair the Service's functionality
• Inappropriate Content: Upload or share offensive, harmful, or inappropriate content
• Privacy Violations: Attempt to access other users' private information
• Intellectual Property Infringement: Use copyrighted material without permission

4.3 Location-Specific Restrictions

• Respect private property and restricted areas
• Follow local laws and regulations while using location-based features
• Do not use the Service in areas where electronic devices are prohibited
• Exercise caution and prioritize safety over app usage

5. Content and Intellectual Property

5.1 Our Content

All content provided through Gamana, including but not limited to:

• Audio tours and narrations
• Maps and geographic data
• AI-generated content
• User interface elements
• Software code and algorithms

Is owned by Pharshy LLC d/b/a Siar Labs or our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 License to Use Our Content

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use Gamana for personal, non-commercial purposes
• Download content for offline use within the app
• Share experiences through designated social features

5.3 User-Generated Content

If you submit content (reviews, photos, comments):

• You retain ownership of your original content
• You grant us a worldwide, royalty-free license to use, display, and distribute your content in connection with the Service
• You represent that you have the right to submit such content
• We may moderate, edit, or remove user content at our discretion

5.4 Third-Party Content

• We may include content from third-party sources
• Such content is owned by the respective third parties
• We do not guarantee the accuracy or availability of third-party content

6. AI-Generated Content and Disclaimers

6.1 AI Content Nature

Gamana uses artificial intelligence to generate audio tour content. You acknowledge that:

• AI-generated content may contain inaccuracies or errors
• Content is created algorithmically and may not reflect human editorial oversight
• Historical, cultural, or factual information should be independently verified

6.2 Content Accuracy Disclaimer

• We strive for accuracy but do not guarantee the completeness or correctness of all content
• Users should use critical thinking and additional sources for important decisions
• Cultural and historical interpretations may vary, and our content represents one perspective

6.3 Real-Time Information

• Location-based information may change rapidly
• Operating hours, accessibility, and availability of attractions may differ from app content
• Always verify current conditions before visiting locations

7. Privacy and Location Data

7.1 Location Services

Gamana requires location access to function properly. By using the Service, you consent to:

• Collection of your real-time location data
• Storage of location history for service improvement
• Use of location data to trigger relevant content

7.2 Privacy Practices

Your privacy is important to us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your data.

8. Payment Terms and Subscriptions

8.1 Free and Paid Features

• Basic functionality of Gamana may be provided free of charge
• Premium features may require payment or subscription
• Pricing and available features are subject to change with notice

8.2 Subscription Terms

• Subscriptions automatically renew unless cancelled
• You may cancel subscriptions through your device's app store settings
• Refunds are governed by the app store's refund policy
• Price changes will be communicated in advance

8.3 In-App Purchases

• All purchases are processed through your device's app store
• We do not directly handle payment processing
• Purchases are subject to the app store's terms and conditions

9. Service Availability and Modifications

9.1 Service Availability

• We strive to maintain Service availability but do not guarantee uninterrupted access
• Service may be temporarily unavailable due to maintenance, updates, or technical issues
• Geographic availability may vary based on local laws and technical limitations

9.2 Modifications to Service

We reserve the right to:

• Modify, update, or discontinue features
• Change content availability
• Update these Terms with reasonable notice
• Implement new technologies and improvements

9.3 Device Compatibility

• Gamana requires compatible mobile devices and operating systems
• We may discontinue support for older devices or OS versions
• Optimal functionality may require specific device capabilities (GPS, audio, internet)

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

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

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, RELIABILITY, OR AVAILABILITY OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT RESPONSIBLE FOR DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE

10.3 Safety Disclaimer

• Always prioritize personal safety over app usage
• Be aware of your surroundings while using location-based features
• Follow local traffic laws and safety regulations
• We are not responsible for accidents or injuries that occur while using the Service

11. Indemnification

You agree to indemnify, defend, and hold harmless Pharshy LLC d/b/a Siar Labs, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your user-generated content

12. Termination

12.1 Termination by You

You may stop using Gamana at any time by:

• Deleting the application from your device
• Deactivating your account (if applicable)
• Contacting us to request account closure

12.2 Termination by Us

We may terminate or suspend your access if:

• You violate these Terms or our policies
• We believe your actions may harm other users or the Service
• Required by law or legal process
• We discontinue the Service

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and associated data
• Provisions regarding intellectual property, liability, and dispute resolution survive termination

13. International Use and Export Controls

13.1 Global Availability

Gamana may not be available in all countries. You are responsible for complying with local laws in your jurisdiction.

13.2 Export Compliance

The Service may be subject to export control laws. You agree not to export or re-export the Service in violation of applicable laws.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Insert State/Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Resolution Process

1. Informal Resolution: Contact us at legal@siarlabs.com to attempt resolution
2. Mediation: If informal resolution fails, disputes may be submitted to mediation
3. Arbitration: Unresolved disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association

14.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

15.2 Severability

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

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign your rights under these Terms. We may assign our rights without restriction.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16. Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting updated Terms in the app
• Sending notifications through the app or email
• Requiring acceptance of new Terms before continued use

Continued use of the Service after changes constitutes acceptance of the updated Terms.

17. Contact Information

For questions about these Terms, please contact us:

• Legal Inquiries: legal@siarlabs.com
• General Support: support@siarlabs.com

18. Digital Millennium Copyright Act (DMCA) Notice

If you believe that content in Gamana infringes your copyright, please send a DMCA notice to: dmca@siarlabs.com

Include:

• Identification of the copyrighted work
• Location of the allegedly infringing content
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement that the information is accurate and you are authorized to act