Tourvista, LLC
LICENSE AGREEMENT FOR MOBILE APPLICATION (United States)

PLEASE READ THIS LICENSE AGREEMENT FOR MOBILE APPLICATION ("LICENSE") CAREFULLY BEFORE USING THIS SOFTWARE (THE “MOBILE APPLICATION”). USE OR CONTINUING USE OF THE MOBILE APPLICATION CONSTITUTES AGREEMENT TO THE TERMS OF THIS LICENSE.

1. Definitions

1.1 “Tourvista” and/or “We” refer(s) to Tourvista, LLC; its members; its parents; its subsidiaries; and their respective affiliates, predecessors, and successors.

1.2 “Services” refer to photography, photo storage, geolocation, object identification, lookups, attraction ratings/comments, and other services or data processing provided by or through the Mobile Application. Services also includes the content and functionality on our website.

1.3 “You” and “Your” refer to you or any legal entity that acquires, loads, installs, or uses the Mobile Application, or on whose behalf the Mobile Application such actions were taken.

2. Scope of this License

2.1 This Mobile Application is licensed, not sold, to You by Tourvista for use only as specified in this License. If this License does not explicitly give You rights in a particular aspect of the Mobile Application, those rights are retained by Tourvista and/or parties that licensed those items to Tourvista.

2.2 Tourvista may, at its discretion, issue updates to the Mobile Application. This License shall continue in force, even if the Mobile Application is updated. Tourvista is under no obligation to update the Mobile Application.

2.3 Tourvista grants You a limited, non-transferable license to install and use the Mobile Application and the Services on an iOS or Android smartphone, or an iOS or Android tablet, that You own or legally control (Your “Mobile Device”). You may not sell, rent, or sublicense to others the Mobile Application or a purported license to it.

2.4 Any commercial use of Tourvista is prohibited under this License.

2.5 Use of Tourvista by users under 18 years of age is prohibited.

2.6 Using a VPN to mask country localization to obtain Tourvista, or a particular localized version of Tourvista, through the Apple Application Store or Google Play is prohibited.

3. Permitted License Uses and Restrictions

3.1 You may not and You agree not to or to enable others to, duplicate, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, port, or create derivative works of the Mobile Application except where the law would prohibit such a restriction or restrictions.

3.2 You may not and You agree not to or to enable others to use the Mobile Application, for purposes of circumventing its security features; uploading or distributing malware such as viruses, worms, or other malicious code; spoofing the identities of third parties; engaging in denial of service attacks; engaging in spam email campaigns; scraping data from third-party sites; or putting unusual loads on Tourvista servers or infrastructure.

3.3 You may not and You agree not to or to enable others to use the Mobile Application to re-sell the Services or otherwise use the Services as a “back end” for another application or service, including non-commercial uses.

3.4 Use of and access to certain features of the Mobile Application and certain Services may require You to register with a Tourvista-specific or other username and ID.

3.5 You acknowledge that the Mobile Application is subject to the U.S. Export Administration Regulations (the “EAR”) and that You will comply with the EAR. You will not export or re-export the Mobile Application, directly or indirectly, to (a) any country that is subject to U.S. export restrictions, (b) any end-user whom You know or have reason to know will utilize them in the design, development, or production of nuclear, chemical or biological weapons; rocket systems, space launch vehicles, sounding rockets, or unmanned air vehicle systems; or (c) any end-user who has been prohibited from participation in U.S. export transactions by any federal agency of the U.S. government. You are also responsible for obeying any applicable local laws.

3.6 If You are a government end-user, the Mobile Application is a “Commercial Item” under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as defined by 48 C.F.R. §12.212 and/or 48 C.F.R. §227.7202. Under 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 to -4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) solely as Commercial Items and (b) with no greater rights than granted other end-users under this License. Tourvista reserves any rights not granted.

3.7 You represent and warrant that You are not located in a country that is subject to a United States government embargo nor that has been designated a “terrorist supporting” country. You also represent and warrant that You are not included on any list of parties restricted, prohibited, or sanctioned by the United States government.

3.8 You comply with applicable third-party terms of agreement when using the Mobile Application and Services, for example, those with mobile device manufacturers, network providers, or other third parties You utilize in operating the Mobile Application or obtaining the Services.

4. Consent to Use of Data and Responsibility

4.1 Mobile Application Diagnostic and Usage Data. If You opt into diagnostic and usage collection, You agree that we can collect anonymous data relevant to the performance of the Mobile Application, including Your mobile device’s hardware type, operating system version, other installed software or applications, error codes generated by the Mobile Application or its operation, and information relevant to whether You are using the Mobile Application consistently with this License. We may use this information, in a form that does not identify You personally, to improve the Mobile Application.

4.2 Device-Level Permissions. To use the Services, Tourvista will need permissions including the camera, microphone, photo album, and location services (see Section 4.3, below). Denying the Mobile Application’s requests for access to these mobile devices’ services could impact use of the Cloud Service.

4.3 Location Data. By enabling and or using any location-based services or features provided through the Mobile Application, You agree and consent that Tourvista and its partners and licensees may collect, use, process, and maintain information related to Your account, and any devices or computers registered thereunder, to provide location-based services or features to You. This information may include, but is not limited to, Your account ID and name, device and/or computer ID and name, device and/or computer type, and geographic location of Your device, vehicle, or personal computer. You can withdraw Your consent at any time by disabling Location Services on Your device, adjusting the permissions given to the Mobile Application, or not using the Mobile Application. PLEASE NOTE THAT DISABLING LOCATION SERVICES MAY SEVERELY IMPACT THE FUNCTIONALITY OF THE MOBILE APPLICATION.

4.4 License to Use Your Content. You grant Tourvista a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to display, distribute, share, and otherwise use images, comments, and tags (“Content”) you submit through the Service, including derivative works from same, for purposes of providing the Cloud Service, improving our Services, and advertising the Services. You make revoke this license by removing your photos from the Cloud Service.

4.5 Intellectual Property. The following terms apply to intellectual property:

(a) This license and use of the Mobile Application do not grant you rights in any of the intellectual property of Tourvista. All trademarks, trade names, copyrights, and other rights remain the property of Tourvista or its licensors.

(b) By submitting Content to the Service, you represent and warrant that you possess sufficient intellectual property rights to submit it to the Services under this License and that you are not infringing on the rights of others in submitting it.

(c) Tourvista reserves the right to remove Your Content, without notice, if it comes to Tourvista’s attention or it is alleged that Your Content violates third-party intellectual property rights or otherwise violates applicable laws.

4.6 Cloud Service. If You use the Mobile Application to share photographs with others through the Tourvista Cloud Service, You additionally agree to the following:

(a) Consent to Share Photos. By designating photos to share with specific individuals, You consent to their viewing of those pictures.

(b) Consequences of Sharing. You, and not Tourvista, are responsible for the legal and social consequences of your sharing images.

(c) Changes to the Cloud Service. You are advised that we may change the functionality, availability, or pricing of the image sharing function at any time. You are also advised not to store the only copy of any image on the Tourvista Cloud Service. The Cloud Service is provided as a convenience only and is not to be used for any commercial or other non-personal purpose.

4.7 Legality of Content. You agree that you will not post to the Cloud Service, or process using the Services, any commercially deceptive, libelous, obscene, defamatory, racist, pornographic, or other content that is illegal, violates the rights of others (including privacy rights, eavesdropping, or video surveillance laws), or poses a threat to human life or safety. If we determine by manual or automated means that your content violates these standards, we will take steps including, but not limited to, removing the content, barring you from using the Services, and where required by law, report such content to the authorities.

4.8 Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TOURVISTA AGAINST ANY AND ALL DEMANDS, CLAIMS, SUITS, JUDGMENTS, EXPENSES, AND COSTS THAT ARISE FROM OR RELATE TO YOUR USE OF THE SERVICES CONTRARY TO THE LAW, CONTRARY TO THE TERMS OF THIS LICENSE, OR IN VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES.

4.9 Privacy Policy. Apart from the above, use of Your data will be governed by Tourvista’s Privacy Policy.

5. Termination

This License will be effective until it is terminated. Your rights under this License will terminate automatically without notice from Tourvista if You fail to comply with any term of this License. Upon the termination of the License, You shall discontinue use of the Mobile Application and uninstall (or delete) all copies, full or partial, of the Mobile Application and delete any associated data. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 are effective even after termination.

6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, WITH ANY AND ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND TOURVISTA AND TOURVISTA’S LICENSORS (COLLECTIVELY, “TOURVISTA” FOR SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THE MOBILE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MOBILE APPLICATION AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

6.3 YOU AGREE THAT TOURVISTA IS NOT RESPONSIBLE FOR CHANGES MADE TO MOBILE DEVICE OPERATING SYSTEMS, OTHER SOFTWARE, SOFTWARE MARKETPLACES, OR HANDHELD DEVICE HARDWARE THAT MAKE THE MOBILE APPLICATION UNAVAILABLE, MAKE IT INOPERATIVE, OR OTHERWISE NEGATIVELY IMPACT ITS FUNCTIONALITY. TOURVISTA MAKES NO REPRESENTATION OR WARRANTY THAT THE MOBILE APPLICATION WILL BE AVAILABLE FOR DOWNLOAD OR INSTALLATION INDEFINITELY.

6.4 YOU AGREE TO REFRAIN FROM USING THE MOBILE APPLICATION IN SITUATIONS WHERE DOING SO COULD, WHETHER DIRECTLY OR THROUGH DISTRACTION OR OTHER MEANS, ENDANGER LIFE OR PROPERTY OR BE PROHIBITED BY LAW.

6.5 YOU ARE RESPONSIBLE FOR RESPECTING THE PRIVACY RIGHTS OF OTHERS IN YOUR USE OF PHOTOGRAPHIC CAPTURE AND PHOTOGRAPHIC USING THE MOBILE APPLICATION.

6.6 YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS REGARDING THE OPERATION OF YOUR MOBILE DEVICE IN YOUR VEHICLE.

6.7 YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CELLULAR OR OTHER METERED DATA CHARGES ASSOCIATED WITH YOUR USE OF THE MOBILE APPLICATION.

6.8 TOURVISTA DOES NOT WARRANT THAT:

(a) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE MOBILE APPLICATION OR SERVICES;

(b) THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS;

(d) THE SERVICES WILL CONTINUE TO BE MADE AVAILABLE;

(e) THE MOBILE APPLICATION OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD PARTY SERVICES;

(f) THE MOBILE APPLICATION WILL WORK WITH FUTURE VERSIONS OF MOBILE OPERATING SYSTEMS;

(g) ANY DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE DETECTED OR CORRECTED; OR

(h) INSTALLATION OF THE MOBILE APPLICATION WILL NOT AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES.

6.9 YOU FURTHER ACKNOWLEDGE THAT THE MOBILE APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE THE FAILURE OF THE MOBILE APPLICATION OR INACCURATE INFORMATION PROVIDED BY THE MOBILE APPLICATION OR ASSOCIATED SERVICES MIGHT LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR BUSINESS DAMAGE.

6.10 TOURVISTA PERSONNEL ARE NOT AUTHORIZED TO GIVE OR EXPAND WARRANTIES CONCERNING THE MOBILE APPLICATION OUTSIDE OF THIS LICENSE.

6.11 THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF A STATE OR TERRITORY THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS, BASED ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER.

7. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TOURVISTA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION, OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APPLICATION OR SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MOBILE APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOURVISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

8. Additional Terms When the Mobile Application is Obtained from Apple’s iTunes Application Store

IF YOU DOWNLOADED THE MOBILE APPLICATION FROM THE APPLE ITUNES APPLICATION STORE, THEN YOU ACKNOWLEDGE THAT THE FOLLOWING ADDITIONAL TERMS APPLY:

8.1 THIS IS AN AGREEMENT BETWEEN YOU AND TOURVISTA ONLY, AND NOT WITH APPLE, AND TOURVISTA, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE MOBILE APPLICATION AND THE CONTENT THEREOF. THIS LICENSE GRANTS YOU ONLY A NON-TRANSFERABLE LICENSE TO USE THE MOBILE APPLICATION ON ANY APPLE-BRANDED PRODUCTS THAT YOU AS END-USER OWN OR CONTROL.

8.2 TOURVISTA IS SOLELY RESPONSIBLE FOR PROVIDING ANY MAINTENANCE AND SUPPORT SERVICES CONCERNING THE MOBILE APPLICATION, AS SPECIFIED IN THIS LICENSE, OR AS REQUIRED UNDER APPLICABLE LAW.

8.3 WARRANTY: TOURVISTA IS SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. IN THE EVENT OF ANY FAILURE OF THE MOBILE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE MOBILE APPLICATION TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER CONCERNING THE MOBILE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE TOURVISTA’S RESPONSIBILITY.

8.4 PRODUCT CLAIMS: YOU ACKNOWLEDGE THAT TOURVISTA, NOT APPLE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE MOBILE APPLICATION OR THE YOUR POSSESSION AND/OR USE OF THAT MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR REGULATION.

8.5 INTELLECTUAL PROPERTY RIGHTS: IN THE EVENT OF ANY THIRD-PARTY CLAIM THAT THE MOBILE APPLICATION OR THE END-USER’S POSSESSION AND USE OF THAT MOBILE APPLICATION INFRINGE THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, TOURVISTA, NOT APPLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.

8.6 APPLE AND APPLE’S SUBSIDIARIES ARE THIRD-PARTY BENEFICIARIES OF THIS LICENSE, AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE LICENSE, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THE LICENSE AGAINST THE YOU AS AN INTENDED THIRD-PARTY BENEFICIARY.

9. Controlling Law and Severability

This License will be governed by and construed per the laws of the State of Michigan, excluding its conflict of law principles. Disputes under this license shall be heard in a federal or state court located in Wayne County. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

10. Complete Agreement; Governing Language

This License constitutes the entire agreement between You and Tourvista relating to the use of the Mobile Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Tourvista.

11. Contact Information

For any questions or concerns, please contact Tourvista at: information@tourvistaapp.com

Mailing Address:
Tourvista, LLC
18525 Moross Road
Detroit MI 48224
United States of America

Updated March 28, 2025
4938-6753-6151.3

Tourvista, LLCLICENSE AGREEMENT FOR MOBILE APPLICATION (United States)