# Terms of Service **Effective Date: February 18, 2025** Welcome to Travelear. These Terms of Service (“Terms”) govern your access to and use of the Travelear mobile application (iOS and Android), website at travelear.app, and related services (collectively, the “Service”) operated by Travelear (“we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. ## 1. Eligibility You must be at least 13 years old to use Travelear. By using the Service, you represent that you meet this age requirement. ## 2. Account Registration You must create an account to use Travelear. Accounts are created using Apple Sign-In or Google Sign-In. You are responsible for maintaining the security of your account and for all activity that occurs under it. You agree to notify us immediately of any unauthorized access to your account. You may not create multiple accounts to abuse free trials, invite codes, or referral programs. We reserve the right to suspend or terminate duplicate accounts. ## 3. Subscriptions and Payments Travelear offers free and premium subscription tiers. Premium subscriptions provide access to the full library of audio content. - **Billing.** Premium subscriptions are billed through the Apple App Store or Google Play Store. Pricing is displayed in the app before purchase. - **Auto-renewal.** Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. - **Cancellation.** You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period. - **Refunds.** Refunds are subject to the policies of the Apple App Store or Google Play Store. We do not process refunds directly. ## 4. Creator Program ### Content Ownership Creators retain full ownership of the audio content they upload to Travelear. By uploading content, you grant Travelear a non-exclusive, worldwide, royalty-free license to host, store, stream, distribute, and display the content within the Service for as long as the content remains on the platform. ### Creator Responsibilities As a creator, you represent and warrant that: - You own or have obtained all necessary rights, licenses, and permissions for the content you upload - Your content does not infringe any third-party copyright, trademark, or other intellectual property rights - Your content does not contain harmful, abusive, defamatory, or illegal material - Your content complies with all applicable laws and regulations ### Revenue Sharing Creators earn a share of subscription revenue based on qualified plays (listens of 30 seconds or more). The creator revenue share is 70% of the net revenue allocated proportionally based on each creator's qualified plays relative to total platform qualified plays for the month. Payouts are processed via Stripe Connect and are subject to a minimum payout threshold of $1.00 USD. ### Content Removal We may remove content that violates these Terms, our content guidelines, or applicable law. Creators may remove their own content at any time. ## 5. Prohibited Conduct You agree not to: - Upload content that infringes copyright or other intellectual property rights - Upload harmful, abusive, hateful, obscene, or inappropriate content - Attempt to circumvent subscription restrictions or access premium content without a valid subscription - Reverse engineer, decompile, or disassemble any part of the Service - Interfere with or disrupt the Service, servers, or networks - Create multiple accounts to abuse free trials, invite codes, or referral programs - Use the Service for any unlawful purpose - Attempt to gain unauthorized access to other user accounts or systems - Scrape, harvest, or collect data from the Service without authorization ## 6. DMCA and Copyright We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). ### Filing a DMCA Notice To report copyright infringement, send a notice to dmca@travelear.app with the following information: - Identification of the copyrighted work claimed to have been infringed - Identification of the allegedly infringing material, including the track ID or URL - Your contact information (name, address, phone number, email) - A statement that you have a good faith belief that the use is not authorized by the copyright owner - A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf - Your physical or electronic signature ### Counter-Notice If your content was removed due to a DMCA notice and you believe it was removed in error, you may file a counter-notice. Content may be restored after 10 business days unless the rights holder files a court action. ### Repeat Infringers We enforce a three-strike policy for repeat copyright infringers: 1. **First strike:** Warning notification 2. **Second strike:** Temporary account suspension 3. **Third strike:** Permanent account termination ## 7. Content Reporting Users may report content by tapping the flag icon on any track detail screen. Report options include copyright infringement (directed to dmca@travelear.app) and inappropriate content (directed to support@travelear.app). We review all reports within 48 hours. ## 8. Account Termination ### By You You may delete your account at any time from the Profile screen. Account deletion is permanent and removes your personal data, profile, playlists, and listening history. For creators, outstanding earnings will be paid out per the regular payout schedule. ### By Us We may suspend or terminate your account if you violate these Terms. We will notify you of the reason for termination when possible. Termination does not relieve you of any obligations incurred before termination. ## 9. Intellectual Property The Travelear name, logo, and all related marks are the property of Travelear. The Service and its original content (excluding user-uploaded content) are protected by copyright, trademark, and other applicable laws. ## 10. Disclaimer of Warranties 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 UNINTERRUPTED, ERROR-FREE, OR SECURE. ## 11. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVELEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. ## 12. Indemnification You agree to indemnify and hold harmless Travelear, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms. ## 13. Governing Law These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction. ## 14. Changes to Terms We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the app and updating the effective date. Your continued use of Travelear after changes are posted constitutes your acceptance of the updated Terms. ## 15. Contact Us If you have questions about these Terms of Service, please contact us at: **Email:** support@travelear.app **DMCA inquiries:** dmca@travelear.app