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Terms of Service

Last updated: March 6, 2025

Welcome to BeenThere. These Terms of Service ("Terms") govern your access to and use of the website at beenthere.page, the BeenThere mobile application, and all related services (together, the "Service"), operated by BeenThere ("we," "us," or "our").

By creating an account or using BeenThere, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 13 years old to use BeenThere. By using the Service, you represent that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

2. Your Account

  • You may create one account per person. You may sign up using email + password, a magic link, a one-time password (OTP), or Google sign-in.
  • You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
  • You must choose a username that complies with our rules: 3–20 characters, alphanumeric plus hyphens and underscores, no impersonation, and no reserved/prohibited usernames.
  • We reserve the right to reclaim, reassign, or remove any username at our discretion, including usernames that are inactive, violate these Terms, or infringe any trademark.

3. Your Content

3.1 Ownership

You retain full ownership of any content you upload, create, or post through BeenThere, including photos, text, trip descriptions, captions, and all other materials ("Your Content").

3.2 License You Grant Us

By uploading or posting Your Content to BeenThere, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • Host, store, and back up Your Content on our infrastructure (including third-party cloud services such as Cloudflare R2).
  • Process, transform, and optimize Your Content for display — including resizing, compressing, generating thumbnails and placeholder images, and delivering via content delivery networks.
  • Display and distribute Your Content within the Service — on your profile page, trip pages, and wherever the Service renders your trips.
  • Enable sharing: when you set a trip to "public" or "shared" visibility, display that content to the audience you select.

This license exists solely for the purpose of operating and improving BeenThere. We will not use Your Content for unrelated advertising. If you delete Your Content or your account, this license ends once the content is fully removed from our systems (including backup and cache cycles, typically within 30 days).

3.3 Featured Content

We may occasionally feature public trips on our website, marketing materials, or social media channels to showcase the BeenThere community. If you prefer that your public content not be featured, contact us and we will remove it.

3.4 Your Responsibilities

You are solely responsible for Your Content. You represent that:

  • You own or have the necessary rights and permissions to upload and share Your Content.
  • Your Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.
  • If Your Content includes photos of identifiable individuals, you have obtained their consent.

4. Acceptable Use

You agree not to use BeenThere to:

  • Upload, post, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Upload sexually explicit or pornographic content.
  • Upload content that exploits, harms, or threatens the safety of minors.
  • Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
  • Upload content that infringes any patent, trademark, copyright, or other proprietary right.
  • Use the Service to send unsolicited invitations or spam through the buddy invitation system.
  • Attempt to gain unauthorized access to the Service, other user accounts, or our systems.
  • Use automated means (bots, scrapers, etc.) to access or collect data from the Service without our written permission.
  • Interfere with the proper functioning of the Service or impose an unreasonable load on our infrastructure.

Violation of these rules may result in content removal, account suspension, or permanent termination at our sole discretion.

5. Trip Buddies and Collaboration

  • You may invite others to collaborate on your trips by providing their email address. You must only invite people who you reasonably expect would want to receive the invitation.
  • Invited buddies may contribute content (photos, blocks) to your trip. As the trip owner, you retain control over the trip and may remove buddy contributions.
  • Buddy invitations are transactional in nature (a one-time invitation to collaborate on a specific trip) and are not marketing communications.

6. Copyright and DMCA

6.1 Respect for Copyright

BeenThere respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law.

6.2 Filing a DMCA Takedown Notice

If you believe that content on BeenThere infringes your copyright, please send a notification to our designated agent with the following information:

  • A description of the copyrighted work you claim has been infringed.
  • The URL or location of the infringing material on BeenThere.
  • Your contact information (name, address, email, phone).
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
  • Your physical or electronic signature.

Send DMCA notices to: dmca@beenthere.page

6.3 Counter-Notification

If your content was removed and you believe it was removed in error, you may file a counter-notification with us at the same address. Counter-notifications must include: identification of the removed content, a statement under penalty of perjury that you believe the content was removed by mistake, your contact information, and your consent to the jurisdiction of the courts in your area.

6.4 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers.

7. Plans and Payments

BeenThere currently offers a free plan. We may offer paid plans ("Pro") in the future with additional features, higher quotas, or premium capabilities. When we introduce paid plans:

  • Pricing, billing terms, and plan features will be displayed before purchase.
  • You may cancel at any time. After cancellation, your account will revert to the free plan at the end of the billing period.
  • Refunds, if any, will be handled on a case-by-case basis.

8. Termination

  • By you: you may delete your account at any time. Upon deletion, we will remove your data from our active systems. Some data may persist in backups for a limited period before being permanently purged.
  • By us: we may suspend or terminate your account at any time if you violate these Terms, engage in activity that harms the Service or other users, or for any other reason at our sole discretion, with or without notice.

9. Service Availability

We strive to keep BeenThere available at all times but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any loss or damage resulting from Service downtime.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be error-free, secure, or available at any particular time. We are not responsible for any content uploaded by users.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEENTHERE AND ITS OPERATORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

  • Your use of or inability to use the Service.
  • Any unauthorized access to or alteration of your content or data.
  • Content posted by other users.
  • Any other matter relating to the Service.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us (if any) in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless BeenThere and its operators from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any rights of a third party.

13. Privacy

Your use of BeenThere is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

14. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will revise the "Last updated" date at the top of this page. For material changes, we will make reasonable efforts to notify you (e.g., via email or a prominent notice within the Service). Your continued use of BeenThere after any changes constitutes acceptance of the updated Terms.

15. General Provisions

  • Entire Agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and BeenThere regarding your use of the Service.
  • Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
  • Waiver: our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
  • Assignment: you may not assign or transfer your rights under these Terms. We may assign our rights without restriction.

16. Contact Us

If you have any questions about these Terms, please contact us: