Please read these Terms of Use carefully before using the Surfaced app. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
Beta Software
The Surfaced app is currently provided as beta software for testing and evaluation purposes only. The App is provided "as-is" and "as-available" without any warranties of any kind, express or implied. Features may be incomplete, subject to change, or discontinued at any time without notice. We do not guarantee that the App will be available at all times or free from interruptions, errors, or service outages.
Access to the beta is provided at no charge. Surfaced Studio LLC reserves the right to terminate beta access for any user at any time and for any reason, and to discontinue the beta program in its entirety without notice or liability. Your use of the App through Apple TestFlight is also subject to Apple's TestFlight terms and conditions.
AI-Generated Content Disclaimer
Tours generated by the App are created using artificial intelligence and may contain inaccuracies, errors, outdated information, or content that does not accurately reflect real-world conditions. We make no representations or warranties regarding the accuracy, completeness, or reliability of any AI-generated content. Specifically:
- Points of interest may have closed, relocated, or changed since tour content was generated.
- Historical or factual information in narration scripts may be incomplete or incorrect.
- Navigation directions are provided for general guidance only and may not reflect current road conditions, construction, or closures.
You are responsible for verifying the accuracy of any information provided by the App before relying on it.
Assumption of Risk — Walking & Navigation
Surfaced is an entertainment and discovery app. It is not a safety service, emergency service, or professional navigation tool. Do not use the App as your primary means of navigation or in place of professional guidance. In an emergency, always contact appropriate emergency services.
Use of this App involves physical activity in public spaces, including walking on public sidewalks, streets, and in urban environments. You acknowledge and agree that:
- Walking in public spaces carries inherent risks, including but not limited to traffic, uneven surfaces, construction hazards, inclement weather, and other physical dangers.
- You are solely responsible for your personal safety at all times while using the App.
- You will obey all applicable traffic laws, pedestrian signals, and public safety regulations.
- Surfaced Studio LLC does not scout, inspect, or verify the physical safety of any route generated by the App.
- Routes and directions are generated algorithmically and have not been reviewed for physical hazards, accessibility, or safety.
- Routes may not account for wheelchair accessibility, stairs, elevation changes, sidewalk closures, construction, lighting conditions, neighborhood safety, or weather.
- You must remain aware of your physical surroundings at all times. Your use of the App is at your own risk.
By using the App, you voluntarily assume all risks associated with walking tours and navigation in public spaces.
Limitation of Liability
To the fullest extent permitted by applicable law, Surfaced Studio LLC and its members, officers, employees, agents, licensors, and service providers shall not be liable for:
- Any personal injury, death, or property damage arising from your use of the App or participation in any walking tour.
- Any indirect, incidental, special, consequential, or punitive damages of any kind.
- Any loss or damage arising from inaccurate, incomplete, or outdated tour content.
- Any loss or damage arising from reliance on AI-generated navigation directions.
- Any interruption, suspension, or termination of the App or beta program.
In no event shall the total liability of Surfaced Studio LLC exceed one hundred dollars ($100.00) for any claims arising out of or relating to these Terms or your use of the App.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Surfaced Studio LLC and its members, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any physical injury or harm sustained by you or any third party in connection with your use of the App.
Intellectual Property
The App, including its design, software, and all content generated by Surfaced Studio LLC, is owned by Surfaced Studio LLC and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes during the beta period.
Tour content generated based on your prompts is provided for your personal use only. You may not reproduce, distribute, or commercialize tour content without our written permission.
Prohibited Conduct
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws.
- Attempt to reverse engineer, decompile, or extract source code from the App.
- Distribute, sell, or sublicense access to the App or any content generated by it.
- Use the App in a manner that could damage, disable, or impair its functionality.
- Attempt to circumvent any technical measures or access controls within the App.
Third-Party Services
The App integrates with third-party services including Anthropic, Google Places, ElevenLabs, and Supabase. Your use of those services is subject to their respective terms of service and privacy policies. Surfaced Studio LLC is not responsible for the availability, accuracy, or conduct of any third-party service.
Modifications to These Terms
We reserve the right to modify these Terms at any time. We will notify beta users of material changes through the App or other reasonable means. Your continued use of the App after any changes constitutes acceptance of the updated Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction in such courts.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Surfaced Studio LLC with respect to your use of the App and supersede all prior agreements, understandings, and communications between the parties.
Contact Us
If you have questions about these Terms, please contact us: