Terms of Service

Welcome to Nina. These Terms of Service ("Terms") govern your use of the Nina mobile application ("App" or "Service"). By downloading, installing, or using Nina, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By accessing or using Nina, you confirm that you:

• Are at least 13 years of age or have parental consent to use the App
• Have the legal capacity to enter into these Terms
• Agree to comply with all applicable laws and regulations
• Accept these Terms in their entirety

2. Description of Service

Nina is a cloud-based travel journal application for iOS devices that allows you to:

• Create and organize personal travel trips
• Document travel moments with photos, locations, weather, and mood information
• Synchronize your travel journals across multiple devices
• Browse travel content for inspiration
• Manage your travel memories with secure cloud storage

Nina stores your data on secure servers to enable synchronization and backup functionality. An internet connection is required for full functionality, though some features may be available offline.

3. Account Registration and Responsibilities

3.1 Account Creation

To use Nina, you may create an account. You are responsible for:

• Maintaining the confidentiality of your account information
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.2 Account Security

You are responsible for maintaining the security of your device and any credentials used to access your account. We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain security.

3.3 Account Deletion

You may delete your account at any time by contacting us at support@nina.com. Upon account deletion:

• All your data will be permanently deleted from our servers within 30 days
• You will lose access to all your travel journals, moments, and photos
• This action cannot be undone

We recommend exporting or backing up your content before deleting your account.

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Nina for your personal, non-commercial purposes on iOS devices that you own or control.

4.1 Restrictions

You agree not to:

• Modify, reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our servers or systems
• Distribute, sell, sublicense, or transfer the App to any third party
• Use the App in any manner that could damage, disable, or impair the App or our servers
• Use automated systems or bots to access the Service
• Interfere with or disrupt the Service or servers connected to the Service

5. User Content and Responsibilities

5.1 Your Content

You retain all rights to the content you create within Nina, including:

• Travel journal entries and moment descriptions
• Photos and images you add to trips and moments
• Personal information such as your nickname and avatar

By using Nina, you grant us a license to store, process, and transmit your content as necessary to provide the Service, including synchronization across your devices.

5.2 User Responsibilities

You are solely responsible for:

• The content you create and store within the App
• Ensuring your content does not violate any laws or infringe on any third-party rights
• Maintaining backups of your important content
• The security of your device and access credentials
• Compliance with applicable laws when using the App

5.3 Prohibited Content

You agree not to upload, post, or transmit any content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Violates any third-party rights, including copyright, trademark, or privacy rights
• Contains viruses, malware, or other harmful code
• Is spam or unsolicited commercial content
• Is pornographic, obscene, or otherwise offensive

We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

6. Data Storage and Synchronization

Nina stores your data on secure servers to enable:

• Synchronization across your devices
• Backup and recovery functionality
• Access to your content from multiple devices

Your data is encrypted in transit and at rest. We maintain regular backups, but we cannot guarantee that all data will be recoverable in all circumstances. We recommend maintaining your own backups of important content.

7. Service Availability

7.1 Internet Connection

Nina requires an active internet connection for full functionality. While some features may be available offline, synchronization and backup require internet connectivity.

7.2 Service Uptime

We strive to maintain high availability of our Service, but we do not guarantee:

• Uninterrupted or error-free operation
• That the Service will be available at all times
• That all features will function without interruption

We may perform maintenance, updates, or modifications that temporarily interrupt Service availability. We will make reasonable efforts to minimize such interruptions.

7.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

8. Travel Content

Nina includes travel content from various destinations around the world. This content:

• Consists of real travel experiences and information
• Is provided for inspiration and reference purposes
• May be blocked or reported using the in-app functionality
• Does not represent endorsements of any destinations or services
• Is owned by us or licensed to us

You may not copy, reproduce, or redistribute this content outside of the App.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Nina, you consent to the collection and use of your data as described in our Privacy Policy.

Key points:

• We store your content on secure servers
• We do NOT collect analytics or tracking data
• We do NOT use third-party services for analytics or advertising
• We do NOT sell or share your data with third parties

10. Intellectual Property Rights

10.1 App Ownership

Nina and all associated intellectual property rights, including but not limited to software, design, graphics, and trademarks, are owned by us and are protected by copyright, trademark, and other intellectual property laws.

10.2 Travel Content

All travel content included in the App, including images and descriptions, is owned by us or licensed to us. You may not copy, reproduce, or redistribute this content outside of the App.

10.3 User Content

You retain ownership of the content you create. By using Nina, you grant us a limited license to store, process, and transmit your content as necessary to provide the Service.

11. In-App Purchases

Nina may offer in-app purchases for additional features or content. All purchases are processed by Apple through the App Store and are subject to Apple's terms and conditions. We are not responsible for any issues related to in-app purchases, which should be addressed through Apple's support channels.

All purchases are final, and we do not offer refunds except as required by law or Apple's policies.

12. Disclaimers and Limitations of Liability

12.1 No Warranty

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

12.2 Data Loss

We are not responsible for any loss of data, including:

• Data loss due to service interruptions or outages
• Data loss due to account deletion
• Data loss due to device malfunction or damage
• Data loss due to app deletion or device reset
• Data loss due to iOS updates or device migration
• Data loss due to unauthorized access to your account
• Any other circumstances resulting in data loss

We strongly recommend maintaining your own backups of important content.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the App or Service
• Any unauthorized access to or use of our servers or your account
• Any bugs, viruses, or other harmful code
• Any errors or omissions in any content
• Service interruptions or unavailability
• Any other matter relating to the App or Service

Our total liability to you for all claims arising from or related to the App or Service shall not exceed the amount you paid to us in the twelve months preceding the claim, or $100, whichever is greater.

13. Updates and Modifications

We reserve the right to:

• Modify, update, or discontinue the App or Service at any time without notice
• Release updates that may add, modify, or remove features
• Change these Terms at any time by posting updated Terms

Your continued use of the App after any modifications constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and delete your account.

14. iOS and App Store Requirements

Your use of Nina is also subject to:

• Apple's App Store Terms of Service
• iOS software license agreements
• Any applicable third-party terms

You acknowledge that these Terms are between you and us, not with Apple, and that Apple has no responsibility for the App or its content. However, Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

15. Device Requirements

Nina requires:

• An iOS device running iOS 16.0 or later
• An active internet connection for full functionality
• Sufficient storage space for the App and your content
• Photo library and camera permissions for full functionality

We are not responsible if the App does not work on your device due to compatibility issues, insufficient storage, or lack of internet connectivity.

16. Termination

You may stop using Nina at any time by deleting the App from your device or deleting your account. We reserve the right to terminate or suspend your access to the App or Service at any time, with or without cause, including but not limited to:

• Violation of these Terms
• Illegal or fraudulent activity
• Abuse of the Service
• Extended periods of inactivity

Upon termination, your right to use the App and Service will immediately cease, and we may delete your account and data in accordance with our Privacy Policy.

17. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App or Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you create, upload, or store in the App

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to its conflict of law provisions.

19. Dispute Resolution

Any disputes arising out of or relating to these Terms or the App shall be resolved through:

• Good faith negotiations between the parties
• Mediation if negotiations fail
• Arbitration or litigation as a last resort

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of Nina and supersede any prior agreements.

22. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

23. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.