Terms of Use

Last Updated: [Date of Last Update]

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the PortugalGayMap mobile application (the "Service" or "Licensed Application") operated by PortugalGayMap ("us", "we", or "our"), c/o Inventa Melhor Unipessoal Lda.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Acknowledgement

You and we acknowledge that these Terms of Use are concluded between PortugalGayMap and you only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Licensed Application and the content thereof. These Terms do not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).

2. Scope of License

The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

3. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4. Subscriptions

The Service, PortugalGayMap, may include auto-renewable subscriptions ("Subscriptions") for access to premium features and content. The available subscription lengths (e.g., monthly, yearly) and their prices are displayed within the App on the App Store prior to purchase. By purchasing a Subscription, you agree to the following terms:

  • Payment and Confirmation: Payment will be charged to your Apple ID account at the confirmation of purchase.
  • Automatic Renewal: Your Subscription will automatically renew for the same duration and price unless auto-renew is turned off at least 24 hours before the end of the current subscription period.
  • Renewal Charging: Your account will be charged for renewal within 24 hours prior to the end of the current period, and the cost of the renewal will be identified.
  • Managing Subscriptions: You can manage and cancel your Subscriptions by going to your account settings on the App Store after purchase. You can find instructions on how to manage your subscriptions on Apple's support pages.
  • Forfeiture of Trial Period: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a Subscription.
  • Price Changes: We reserve the right to change subscription prices. We will provide reasonable notice of any price changes. Price changes will take effect at the start of the next subscription period.

All sales are final. We do not offer refunds for subscriptions, except as required by applicable law. For more information, please review Apple's Media Services Terms and Conditions. Your use of Subscriptions is also governed by our Privacy Policy and these Terms of Use.

5. User Content (Contributions)

Our Service allows you to add, edit, and share information about places and events, upload photos, and post reviews or comments ("Content" or "Contributions"). You are responsible for the Content that you contribute to the Service, including its legality, reliability, and appropriateness. By contributing Content, you affirm that it is accurate to the best of your knowledge and does not infringe on any third-party rights.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

6. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • To submit false, misleading, or inaccurate information about places, events, or any other content.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any unsolicited advertising or promotional material.
  • To impersonate or attempt to impersonate PortugalGayMap, a PortugalGayMap employee/volunteer, another user, or any other person or entity.
  • To post content that is defamatory, obscene, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • In any way that infringes upon the rights of others (including intellectual property rights and rights of privacy and publicity), or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend PortugalGayMap or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.

7. Maintenance and Support

We are solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms of Use, or as required under applicable law. We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

8. Warranty

We are 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 Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

The Licensed Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Licensed Application.

9. Product Claims

You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

10. Intellectual Property Rights

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PortugalGayMap and its licensors. The Service is protected by copyright, trademark, and other laws of both Portugal and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PortugalGayMap.

You and we acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Third Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Application. For example, your use of the map features of the app may be subject to the terms of the map provider.

13. Third Party Beneficiary

You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

14. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the app settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

16. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

17. Contact Us

If you have any questions, complaints, or claims about these Terms or with respect to the Licensed Application, please contact us:

PortugalGayMap
c/o Inventa Melhor Unipessoal Lda
R Prof Dr Bento De Jesus Caraça 18, 1 Direito
2840-111 Paio Pires, Portugal
Email: [email protected]