Terms of Service

1. What these Terms cover

These Terms govern your use of:

• the TourMuse mobile apps for iOS and Android;
• the TourMuse web app at app.tourmuse.app, the full application in a browser;
• the TourMuse website at tourmuse.app, including the waitlist page; and
• everything we offer through them,

together, the “Service”.

2. Accepting these Terms

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service for an organization, you confirm you have authority to bind it, and “you” means both you and that organization.

3. Who may use TourMuse

You must be at least 13 years old to have a TourMuse account. We do not knowingly allow anyone under 13 to use it. If you are 13 to 17, some features work differently and some are unavailable until you turn 18; section 3.1 lists them.

When you create an account we ask for your date of birth, and you confirm that the information you give us is accurate. We may ask for proof of age where we have reason to doubt it, and we may suspend or close accounts we believe do not meet these requirements. If we learn that an account belongs to someone under 13, we close it and delete the personal information we hold, as the Privacy Policy describes.

If you are under 18, a parent or guardian is responsible for your purchases and for your conduct on the Service, and you should take a Tour or Quest in person only with their agreement (section 14).

4. Your account

Keep your sign-in details to yourself. You are responsible for what happens under your account, and you agree to tell us promptly if you think someone else is using it.

Give us accurate registration information and keep it up to date.

You may close your account at any time from within the app. Before you do, read section 6.5 — closing your account permanently forfeits any unspent Tickets and all access to Tours you have booked.

5. What TourMuse is

TourMuse has two kinds of user. A User (in the app, a Muser) browses and takes part in place-based experiences called Tours. A Creator (in the app, a Muse) writes and publishes them. One account can be both.

Tours may be historical, artistic, athletic, real-estate or inspirational, or How-To and DIY. They may include Quests, points, achievements, leaderboards and location-verified achievements, and a social feed called Musing. Tours can be taken in person, with location-activated guidance, or virtually.

TourMuse sells self-guided digital Tours. Creators are independent of Muse Entertainment. We do not organize, staff, supervise or verify in-person guided tours, and we are not a party to any arrangement you make with a guide, an operator or a venue. We do not review Tours for accuracy or safety before they are published, and publishing a Tour is not an endorsement of it.

We may add, change or discontinue features at any time.

6. Tickets, Ticket Books and bookings

This section describes how value works in TourMuse. The Refund Policy uses the same words.

7. Payment

Apple and Google are the merchant of record for every purchase. You pay them, under their terms, using the payment method on your Apple Account or Google account. Muse Entertainment does not charge your payment method, does not receive your card or bank details, and cannot process, reverse or refund a money payment.

Prices for Ticket Books are shown in the app before you buy and are set per country by the stores. All amounts are exclusive of taxes unless stated otherwise; taxes are handled by the store or by you, as applicable.

8. Refunds

Refunds are governed by the Refund Policy, which forms part of these Terms. In summary:

• Money refunds for a Ticket Book are handled by Apple or Google only. We have no ability to refund money.
• We refund Tickets, returned to the balance of the account that spent them, in the circumstances the Refund Policy sets out — including when a Tour will not play, when we Withdraw a Tour, and when a Tour is materially not as described.
• Nothing in these Terms limits any statutory consumer right you have that cannot be limited by agreement. See section 23.4.

9. Creators

10. Your Content

11. TourMuse’s own intellectual property

The TourMuse name, the “Life’s a Musing” tagline, the Trunky mascot, the logos and brand elements, and the software behind the Service are the property of Muse Entertainment LLC. These Terms give you no right to use them without our written permission.

Everything on the Service that we provide, rather than a user, is ours or our licensors’. You may use the Service and, where it allows, save or print pages for your own personal reference. Anything else — copying, redistributing, or making derivative works — needs our written consent.

12. Location

Some features need your device’s precise location: in-person step-by-step guidance, and confirming that you are physically at a coordinate a Creator pinned before an achievement unlocks. By turning these on you consent to us collecting and using your location for those purposes. The Privacy Policy explains this in full, including how long we keep it.

You can turn location off at any time in your device settings. Location-dependent features will stop working; the rest of the Service, including virtual Tours, will not.

Some Quests ask you to take a photo of your surroundings and use your device’s motion sensors to confirm the photo was taken live. Be considerate of other people when you do.

13. Points, achievements and leaderboards

Points, achievements, badges and leaderboard positions are for entertainment. They are not Tickets. They have no cash value, cannot be bought, sold, redeemed or transferred, and we may reset, adjust or remove them at any time — to correct an error, or to deal with abuse such as falsified location data.

14. Safety, and the risks you accept

TourMuse sends you to real places, and the real world is not under our control.

You are responsible for your own safety. When you take a Tour or a Quest:

• Obey the law, including traffic and trespass law. A pinned coordinate is not permission to enter anywhere.
• Pay attention to your surroundings rather than your screen. Do not use the app while driving.
• Judge for yourself whether a route, a place, a time of day or the weather is safe for you, and stop if it is not. No achievement is worth an injury.
• Take account of your own health and abilities, particularly on athletic Tours.
• In an emergency, contact your local emergency services. We cannot help you in real time.
• If you are under 18, do not take or make an in-person Tour or Quest without a parent or guardian’s agreement. While a Tour or Quest is active the app collects your precise location and shows a signal on screen; it collects none at other times.

We do not inspect routes, verify that places are safe or open, or check that a Tour can be completed safely. To the extent the law allows, you accept the risks of taking part in an in-person Tour or Quest, and you are responsible for your own decisions about where to go and what to do.

15. Tours are not professional advice

Tours are made by independent Creators. Nothing in a Tour is professional advice, and we do not check it. This matters most for:

• How-To and DIY Tours — what is described may not be safe, legal, or right for your situation. If a task needs a qualified professional, use one.
• Real-estate and inspirational Tours — nothing in a Tour is a valuation, a survey, an offer, or advice about a property or an investment.
• Athletic Tours — nothing in a Tour is medical or fitness advice. Talk to a doctor before starting something strenuous.

16. Rules of conduct

You agree not to:

• Falsify your location or otherwise defeat location verification.
• Publish Content that is unlawful, infringing, defamatory, hateful, or that you do not have the right to share.
• Post adult content anywhere on the Service, or use the Service to seek, offer or arrange sexual encounters or services (section 16.1).
• Harass, threaten, endanger, stalk or impersonate anyone.
• Publish another person’s private information, or photograph people in a way that would breach their privacy.
• Take payment outside TourMuse’s Ticket system for access to a Tour, or direct users off the Service to avoid it.
• Buy, sell or trade Tickets or accounts for money or anything of value.
• Create Tours that require or encourage trespass, unsafe behavior, or breaking the law.
• Reverse-engineer, scrape, harvest from, or interfere with the Service or its security, or circumvent any limit or access control.
• Introduce malware, or try to reach any account, server or system you are not authorized to use.
• Send spam or unsolicited promotion.
• Use the Service to train a machine-learning model on other users’ Content without their permission and ours.

17. Moderation, reporting and enforcement

Public content is moderated. Musings, Tour comments, profiles and Tour media are checked automatically, and content that breaks these Terms may be removed. We may also review it manually.

Private messages are not proactively monitored. We do not scan the content of your direct or group messages. That means a problem in a private conversation only reaches us if someone reports it, and the reporting route is how you tell us.

Where the Service offers it, you can report Content or an account to us, and you can block another user. If we act on a report, we may remove Content, restrict what an account can do, suspend it, or close it, depending on how serious and how repeated the problem is. Decisions about an account are always made by a person, and we will tell you what we did and why. If your account is suspended or closed, you can appeal once from inside the app, to a moderator who was not involved in the original decision. If we remove something you posted or restrict your account, or our automated checks remove something, you can ask for a person to review it by writing to support@tourmuse.app.

We aim to act proportionately, and the number of reports about something never decides the outcome on its own.

Reports involving a user under 18 — made by one, about one, or about a Tour one published — are handled by a person on our safety track ahead of other reports. The text and media of every Tour are checked automatically before it appears (section 9.1).

Adult content is treated exactly like any other prohibited content. It is caught by the same automated checks on public content, reported through the same route anywhere else — including in private messages — and dealt with on the same ladder: removal, a strike, restriction, suspension or closure, depending on how serious and how repeated it is. A Tour containing it is Withdrawn, its bookings are refunded under the Refund Policy, and any royalty on it is reversed. Repeated breaches close the account.

Two kinds of sexual content are handled as safety matters, ahead of everything else:

• Sexual content involving a minor. We remove it, preserve it as the law requires, report it to the National Center for Missing & Exploited Children, cooperate with law enforcement, and close the account.
• Intimate images shared without consent. If an intimate image or video of you — real, or generated or edited to look like you — has been posted on TourMuse without your consent, report it in the app or write to support@tourmuse.app. We remove it, and any copies of it we can identify, within 48 hours of a valid request, as federal law requires, and we act against the account that posted it. A valid request is made in writing, through the in-app report or by email, and includes your physical or electronic signature; enough information for us to identify and find the image or video; a brief statement that you believe in good faith it was published without your consent, with any information that helps us assess that; and how we can contact you. Someone authorized to act for you may make the request.

18. Copyright complaints

If you believe Content on TourMuse infringes your copyright, the Copyright Policy and DMCA Notices explains how to send us a notice, how a Creator can send a counter-notice, and what happens in between. It forms part of these Terms.

We terminate the accounts of repeat infringers in appropriate circumstances, as that policy describes.

19. Businesses, venues and Verified Locations

Museums, attractions and local businesses can take part in TourMuse — by publishing self-guided Tours, by sponsoring a Creator to make Tours for them, or by using TourMuse instead of audio-guide hardware.

Where the Service offers a Verified Location, a user may associate themselves with a place so that Tours can be grouped under it. Claiming a Verified Location is a statement that you are entitled to represent that place, and we may ask you to prove it or remove the association.

Business participation may be covered by a separate written agreement. Where one exists and says something different, it governs.

20. Third-party services

The Service links to and works with services we do not control — the app stores, mapping and location providers, our payout provider, and sign-in providers. We are not responsible for them, and your use of them is subject to their own terms.

21. Suspension and termination

You may stop using the Service and close your account at any time (section 4).

We may suspend or close your account, or remove Content, if you break these Terms, if we reasonably suspect fraud or abuse, if it is needed to protect other users or the Service, or if the law requires it. Where it is reasonable and lawful to do so, we will tell you first; where it is not — for example where there is a risk to someone’s safety — we will tell you afterwards.

If we learn that an account belongs to someone under 13, we close it and delete the personal information we hold about them, as the Privacy Policy describes.

Sections 6.2, 6.5, 10, 11, 22, 23, 24 and 25 survive the end of your account.

22. Disclaimers

The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that Tours are accurate, complete, safe or suitable for you, that the Service will be uninterrupted or error-free, that it will work with your device, or that location or mapping data is accurate. We are not responsible for the conduct of any user, on or off the Service.

23. Limitation of liability

24. Indemnification

To the extent the law allows, and to the extent this section is enforceable against you, you agree to cover our reasonable losses, damages and legal costs arising from your Content, your breach of these Terms, or your activity on an in-person Tour or Quest. We will tell you about any claim promptly and will not settle it in a way that admits fault on your behalf without asking you.

This does not apply to the extent the loss was caused by us.

25. Governing law and disputes

26. Changes to these Terms

We may change these Terms. If a change is material we will tell you through the app or by email before it takes effect, and we will update the version number and effective date at the top of this page.

If you do not agree to a change, stop using the Service and close your account before the change takes effect. Continuing to use the Service afterwards means you accept the new Terms. A change does not apply retrospectively to a dispute that already exists.

27. Apple and Google

These Terms are between you and Muse Entertainment, not with Apple or Google.

For the iOS app, the following applies in addition, as Apple requires of every app with its own terms:

• Acknowledgement. These Terms are between you and Muse Entertainment only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Scope of license. Your license to the iOS app is limited to use on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows it.
• Maintenance and support. We are solely responsible for providing any maintenance and support for the app. Apple has no obligation to provide any maintenance or support.
• Warranty. We are solely responsible for any product warranty, express or implied, to the extent not disclaimed in section 22. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is our responsibility.
• Product claims. We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
• Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Contact. Questions, complaints and claims about the app go to us at the address in section 29.
• Third-party terms. You must comply with any applicable third-party terms when using the app, including your wireless carrier’s terms and the App Store Terms of Service.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

For the Android app: your use is also subject to the Google Play Terms of Service. Google has no equivalent minimum-terms requirement; the acknowledgement, product-claim and intellectual-property paragraphs above apply to Google in the same way.

28. General

• Severability. If part of these Terms is unenforceable, the rest still applies.
• No waiver. If we do not enforce something straight away, we have not given up the right to.
• Assignment. You may not transfer your rights under these Terms. We may, in a merger, acquisition or sale of assets, or to a group company.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control.
• Export and sanctions. You may not use the Service where US export controls or sanctions prohibit it.
• Notices. We will contact you through the app or at the email address on your account, and it is your job to keep that address current. You contact us at the address in section 29.
• No third-party rights, except as section 27 says for Apple.

29. Contact

Muse Entertainment LLC

16192 Coastal Highway, Lewes, DE 19958

Support and general inquiries: support@tourmuse.app

Telephone: 424-229-1267

Copyright notices: see the Copyright Policy and DMCA Notices.

Privacy: see the Privacy Policy.

30. Language

These Terms are published in English. Any translation is provided for convenience only; if a translation differs from the English text, the English version governs.