Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and OTAY CONSTRUCTION MANAGEMENT LLC ("Vagabond AI," "we," "us," or "our") governing your use of the Vagabond AI mobile application and related services (the "App"). By downloading, accessing, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) to use the App. By using the App, you represent that you meet this requirement and that the information you provide is accurate.
2. Your account
- You are responsible for activity under your account and for keeping your credentials secure.
- Guest mode: if you use the App without creating an account, your data is stored only on your device and may be lost if you change or reset your device, uninstall the App, or sign in later. We are not responsible for such loss.
- You may delete your account at any time from within the App.
3. License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. We reserve all rights not expressly granted.
4. Subscriptions, billing, and free tier
- The App offers an optional Premium subscription. Free users may use certain features up to stated limits; Premium removes those limits.
- Subscriptions are auto-renewing. Payment is charged to your Apple App Store or Google Play account at confirmation of purchase.
- The price and billing period are shown in the App before purchase. Unless canceled, the subscription automatically renews for the same period at the then-current price. Your account is charged for renewal within 24 hours prior to the end of the current period.
- You can manage or cancel your subscription in your App Store or Google Play account settings. Deleting the App does not cancel a subscription.
- Except where required by law or applicable store policy, payments are non-refundable, and partial-period refunds are not provided. Refunds for App Store/Google Play purchases are handled by Apple/Google.
- We may change features, limits, or pricing prospectively; changes do not affect an already-paid period.
5. User content
- You retain ownership of the photos, notes, and other content you create ("User Content").
- You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display your User Content solely to operate and provide the App to you (including transmitting images and inputs to our AI and service providers as described in the Privacy Policy).
- You represent and warrant that you have all necessary rights to your User Content and that it does not infringe any third party's rights or violate any law.
- We may remove content or suspend accounts that we believe violate these Terms, but we are not obligated to monitor content.
6. AI features and accuracy disclaimer
The App uses generative AI to identify landmarks and generate trip plans and related information. AI outputs may be inaccurate, incomplete, outdated, or unsuitable for your needs. The App does not provide professional, legal, medical, financial, safety, or travel advice. You are solely responsible for verifying any information before relying on it. All AI-generated content and third-party place information is provided "as is."
7. Acceptable use
You agree not to:
- Use the App for any unlawful, harmful, or fraudulent purpose;
- Upload content that is illegal, infringing, defamatory, obscene, or that violates others' privacy or rights;
- Reverse engineer, decompile, scrape, or attempt to extract source code or data, except as permitted by law;
- Interfere with, overload, or disrupt the App or its infrastructure;
- Circumvent usage limits, security, or access controls; or
- Resell, sublicense, or commercially exploit the App without our written consent.
8. Third-party services
The App relies on and interoperates with third-party services, including Google/Firebase, Google Gemini, Google Places, Google Search, Apple, and Adapty. Your use of those services may be subject to their terms, and we are not responsible for third-party services, content, or links.
9. Intellectual property
The App, including its software, design, text, graphics, logos, and trademarks (excluding your User Content), is owned by OTAY CONSTRUCTION MANAGEMENT LLC or its licensors and is protected by intellectual property laws. You may not use our trademarks without our prior written permission.
10. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY CONTENT (INCLUDING AI OUTPUT) IS ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTAY CONSTRUCTION MANAGEMENT LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
12. Indemnification
You agree to indemnify and hold harmless OTAY CONSTRUCTION MANAGEMENT LLC and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your User Content, your use of the App, or your violation of these Terms or applicable law.
13. Termination
We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms or to protect the App or its users. You may stop using the App and delete your account at any time. Sections that by their nature should survive termination will survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any dispute, and you consent to personal jurisdiction there. Before filing a claim, you agree to first contact us at oguz@ogizgroup.com to attempt to resolve the matter informally for at least 30 days. Nothing here limits any mandatory consumer rights you have under the laws of your country of residence.
15. Changes to these Terms
We may modify these Terms from time to time. We will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.
16. Apple App Store — Additional Terms
These additional terms apply if you obtained the App from the Apple App Store:
- These Terms are between you and OTAY CONSTRUCTION MANAGEMENT LLC only, not Apple. Apple is not responsible for the App or its content.
- Your license to use the App is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the App; we are solely responsible for support at oguz@ogizgroup.com.
- To the extent permitted by law, Apple has no warranty obligation, and any warranty claims are our responsibility.
- Apple is not responsible for addressing any claims relating to the App, including product-liability, regulatory, or consumer-protection claims.
- In the event of any third-party claim that the App infringes intellectual property rights, we (not Apple) are responsible for investigation, defense, and settlement to the extent required by these Terms.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. Government restricted-party list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. Contact
OTAY CONSTRUCTION MANAGEMENT LLC
5700 Collins Ave APT 8G, Miami, Florida 33140-2308, United States
Email: oguz@ogizgroup.com