Terms of Service

Last Updated: January 2025

Acceptance of Terms

Welcome to HistorySphere! These Terms of Service ("Terms") govern your access to and use of the HistorySphere mobile application and web platform ("the Service", "the App"). By creating an account or using HistorySphere, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

HistorySphere is operated by James Pelton ("we", "us", "our"). The Service includes the iOS app, Android app, and web platform for discovering and exploring historical events and landmarks.

Eligibility and Account Registration

You must be at least 13 years old to use HistorySphere. By creating an account, you represent that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into these Terms
  • All information you provide is accurate and truthful
  • You will maintain the accuracy of your account information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You will immediately notify us of any unauthorized use of your account

License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the HistorySphere app on devices you own or control
  • Access and use the Service for personal, non-commercial purposes
  • Access historical content, maps, and AR features according to your subscription tier

Subscription Terms and Billing

Subscription Tiers:

  • Free: Basic features including interactive map, location discovery, and Wikipedia access
  • Basic ($4.99/month): AR previews, premium content, advanced gamification, offline maps
  • Pro ($9.99/month): Full AR tours, guided tours, premium museum content, exclusive challenges, priority support

Billing and Auto-Renewal:

  • Subscriptions are billed monthly through the Apple App Store or Google Play Store
  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • Your payment method will be charged for renewal within 24 hours prior to the end of the current period
  • Subscription fees are non-refundable except as required by law or as stated in Apple/Google's refund policies
  • You can view and manage your subscription through your App Store or Google Play account settings

Cancellation:

You may cancel your subscription at any time through your device's App Store or Google Play settings. Cancellation takes effect at the end of your current billing period. You will retain access to premium features until the subscription expires. No partial refunds are provided for unused portions of a billing period.

Price Changes:

We reserve the right to change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle. Your continued use of the Service after a price change constitutes acceptance of the new price.

User-Generated Content

Your Content:

HistorySphere allows you to contribute stories, reviews, comments, and photos ("User Content"). By submitting User Content, you:

  • Retain ownership of your User Content
  • Grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content within the Service
  • Represent that you own or have rights to the content you submit
  • Represent that your content does not violate any third-party rights or laws
  • Grant other users the right to view your publicly shared content

Content Moderation:

We reserve the right to review, moderate, and remove User Content that:

  • Violates these Terms or our acceptable use policy
  • Contains false or misleading historical information
  • Is inappropriate, offensive, or harmful
  • Infringes on intellectual property or privacy rights
  • Contains spam, advertising, or promotional content

Acceptable Use Policy

You agree NOT to:

  • Post false, inaccurate, or deliberately misleading historical information
  • Post content that is offensive, hateful, discriminatory, or promotes violence
  • Harass, threaten, or intimidate other users
  • Impersonate any person or entity
  • Violate any applicable laws or regulations
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Upload viruses, malware, or other malicious code
  • Scrape, data mine, or extract data from the Service using automated tools
  • Reverse engineer, decompile, or disassemble any part of the app
  • Use the Service for any commercial purpose without our permission
  • Interfere with or disrupt the Service or its servers
  • Remove or modify any copyright, trademark, or proprietary notices

Intellectual Property Rights

Our Content:

The HistorySphere app, including its design, features, functionality, code, graphics, and user interface, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our intellectual property.

Third-Party Content:

Historical information and articles are sourced from:

  • Wikipedia: Content licensed under Creative Commons Attribution-ShareAlike (CC BY-SA). We provide proper attribution and links to original sources.
  • OpenStreetMap: Map data licensed under the Open Database License (ODbL)
  • User Contributions: Community-contributed content is owned by respective users but licensed to us for display within the Service

Trademarks:

"HistorySphere" and our logo are trademarks of James Pelton. You may not use these trademarks without our prior written permission.

Location Services Disclaimer

HistorySphere uses your device's location services to provide location-based historical content. By using location features, you acknowledge:

  • Location accuracy depends on your device, GPS signal, and environmental factors
  • We are not responsible for inaccurate location data provided by your device
  • You can disable location permissions at any time through your device settings
  • Some features require location access to function properly
  • Your location data is used only as described in our Privacy Policy

AR Features Safety and Disclaimer

IMPORTANT SAFETY WARNING: When using augmented reality (AR) features, you must:

  • Always be aware of your surroundings
  • Never use AR while driving or operating machinery
  • Never use AR while walking near traffic or in dangerous areas
  • Use AR features in safe, controlled environments
  • Be mindful of obstacles, other people, and potential hazards
  • Stop using AR immediately if you feel disoriented or uncomfortable

AR reconstructions are artistic interpretations based on historical research and may not be 100% historically accurate. We strive for accuracy but cannot guarantee that all AR content perfectly represents historical reality. AR features require compatible devices (ARKit for iOS, ARCore for Android).

Historical Content Accuracy

While we strive to provide accurate historical information sourced from Wikipedia and verified databases, we cannot guarantee the complete accuracy, completeness, or reliability of all historical content. Historical interpretations may vary, and new research may emerge that changes understanding of past events. Users should conduct their own research for academic or professional purposes. We are not responsible for decisions made based on information obtained through the Service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties that defects will be corrected

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use the Service
  • Unauthorized access to or alteration of your content or data
  • Statements or conduct of any third party on the Service
  • Any injuries, accidents, or harm resulting from AR feature use
  • Reliance on historical content or information provided through the Service

Our total liability to you for all claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim (or $100 if greater).

Indemnification

You agree to indemnify, defend, and hold harmless HistorySphere, James Pelton, and our affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (1) your use of the Service, (2) your violation of these Terms, (3) your User Content, (4) your violation of any rights of another person or entity, or (5) your negligence or misconduct while using AR features.

Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Request by law enforcement or government agencies
  • Discontinuation of the Service

You may terminate your account at any time through the app settings. Upon termination, your right to use the Service immediately ceases, and we may delete your account data in accordance with our Privacy Policy.

Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through:

  • Informal Resolution: We encourage you to contact us first to resolve any disputes informally
  • Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules
  • Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions
  • Small Claims Court: Either party may bring an action in small claims court

Some jurisdictions do not allow arbitration agreements, so this provision may not apply to you.

Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or Service features. We will notify you of material changes by posting the updated Terms in the app and updating the "Last Updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may close your account.

Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HistorySphere regarding the Service and supersede any prior agreements.

Contact Information

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

Developer: James Pelton

App Name: HistorySphere

Bundle ID: Pelton.TimeScape (iOS) / com.jpelton.timescape (Android)

Support: Use the in-app support contact form (Profile → Support → Contact Us)

Additional Resources: Privacy Policy • Support Center

Acknowledgment

BY USING HISTORYSPHERE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.