Privacy Policy For WayMark

1. Acceptance of Terms

By downloading, installing, or using the Waymark application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Waymark reserves the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use Waymark. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

By using the App, you represent and warrant that:

• You have the legal capacity to enter into a binding agreement.

• You are not located in a country subject to an applicable government embargo.

• Your use of the App does not violate any applicable laws or regulations.

3. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete registration information.

• Maintain the security of your account credentials.

• Notify us immediately at support@waymark.app of any unauthorized use.

• Accept responsibility for all activities that occur under your account.

Waymark reserves the right to suspend or terminate accounts that provide false information or violate these Terms.

4. User-Generated Content (UGC)

4.1 Your Responsibility

Waymark is a platform that allows users to create, upload, post, share, and store content including photos, videos, text, locations, and other materials ("User Content"). You acknowledge and agree that:

• You are solely responsible for all User Content you submit, post, or share through the App.

• Waymark does not pre-screen, review, or approve User Content before it is posted.

• Waymark acts as a passive conduit and hosting service for User Content and is not the author, editor, or publisher of such content.

• Your User Content does not represent the views or opinions of Waymark.

Waymark operates as a neutral technology platform. Liability for the legality, accuracy, and appropriateness of User Content rests entirely with the individual user who posted it — consistent with Section 230 of the Communications Decency Act (US) and equivalent statutes in other jurisdictions.

4.2 Content License

By posting User Content, you grant Waymark a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing and improving the App and its services.

You retain all ownership rights in your User Content. The license above terminates when you delete your content or account, except where your content has been shared with others who have not deleted it.

4.3 Prohibited Content

You agree not to post, upload, or share User Content that:

• Is illegal under applicable local, national, or international law.

• Infringes any third party's intellectual property rights, including copyright, trademark, or trade secrets.

• Contains nudity, sexually explicit material, or pornographic content.

• Depicts or promotes violence, self-harm, suicide, or eating disorders.

• Harasses, bullies, defames, or threatens any individual or group.

• Contains hate speech targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin.

• Constitutes spam, unsolicited advertising, or pyramid schemes.

• Contains malware, viruses, or other harmful code.

• Impersonates any person, company, or entity.

• Includes personal data of others (phone numbers, addresses, financial information) without consent.

• Violates the privacy or publicity rights of any third party.

• Involves or depicts minors in any sexual context whatsoever.

4.4 Content Moderation

Waymark reserves the right — but not the obligation — to monitor, review, remove, or restrict access to any User Content at its sole discretion, at any time and without notice. Decisions to remove content do not create any liability on the part of Waymark.

We may use automated tools, human reviewers, or a combination of both to enforce these policies.

4.5 Reporting Violations

Users may report content that violates these Terms using the in-app report function. Waymark will review reported content and take appropriate action, which may include removal, account suspension, or referral to law enforcement.

5. Intellectual Property

5.1 Waymark Ownership

The App, including all software, design elements, graphics, logos, trademarks, and other materials (excluding User Content) are owned by Waymark or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of any Waymark-owned materials without prior written permission.

5.2 Copyright Infringement (DMCA)

Waymark respects intellectual property rights and responds to legitimate notices of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and equivalent laws. To submit a takedown notice, contact:

dmca@waymark.app

Your notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a good faith belief statement; (e) a statement of accuracy under penalty of perjury; and (f) your physical or electronic signature.

6. Location Data & GPS

Waymark's core functionality relies on location data. By using the App:

• You consent to the collection of your precise GPS location while the App is in use (foreground location).

• Background location (if enabled) is used solely to surface relevant nearby memories. You may disable this in device settings at any time.

• Location data embedded in User Content you post is used to place your memory on the map according to the privacy settings you select.

• You control visibility of your location through Public, Friends Only, and Private settings within the App.

7. Privacy Settings & Content Visibility

Waymark provides the following content visibility options:

• Public: Your memory is visible to any Waymark user in proximity.

• Friends Only: Visible only to users you have approved as connections.

• Private: Visible only to you.

• Unlock on Return: Memory is revealed only when you physically return to the tagged location.

• Timed Release: Memory becomes visible at a future date you specify.

Waymark does not guarantee that content set to "Friends Only" or "Private" will remain permanently inaccessible to third parties in all circumstances (e.g., legal order, security breach). See Section 10 for details.

8. Prohibited Uses

You agree not to use the App to:

• Scrape, harvest, or collect data from the App without written authorization.

• Reverse engineer, decompile, or disassemble the App.

• Circumvent, disable, or interfere with security features.

• Access systems or data that you are not authorized to access.

• Conduct any activity that could impair or overburden Waymark's infrastructure.

• Use automated scripts, bots, or crawlers without permission.

• Facilitate or encourage any violation of these Terms by others.

9. Disclaimer of Warranties

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

WAYMARK DOES NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS; (B) THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) ANY DEFECTS WILL BE CORRECTED; OR (D) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAYMARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.

• Loss of profits, revenue, data, or goodwill.

• Damages arising from User Content posted by any user.

• Any damage caused by unauthorized access to or alteration of your data.

• Any damage caused by third-party services or links accessible through the App.

IN NO EVENT SHALL WAYMARK'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO WAYMARK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Waymark and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the App or violation of these Terms.

• Your User Content.

• Your violation of any third-party rights, including intellectual property or privacy rights.

• Any claim that your User Content caused damage to a third party.

12. Termination

Waymark reserves the right to suspend or terminate your account and access to the App at any time, with or without notice, for any reason including:

• Violation of these Terms.

• Fraudulent, abusive, or illegal activity.

• Extended periods of inactivity.

Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 4.2, 9, 10, 11) shall remain in effect.

13. Governing Law

These Terms are governed by the laws of [Jurisdiction]. Any disputes shall be resolved exclusively in the courts of [Jurisdiction], and you consent to personal jurisdiction there.

Note: Replace [Jurisdiction] with the applicable legal jurisdiction before publication (e.g., State of California, USA or the Socialist Republic of Vietnam).

14. Dispute Resolution

Before filing any legal action, you agree to attempt informal resolution by contacting legal@waymark.app. If the dispute is not resolved within 30 days, either party may pursue formal legal proceedings.

Class action waivers: To the extent permitted by law, you waive any right to participate in class-action lawsuits or class-wide arbitration against Waymark.

PART II — PRIVACY POLICY

15. Information We Collect

15.1 Information You Provide

• Account information: name, email address, phone number, profile photo.

• User Content: photos, videos, captions, mood tags, and location pins you post.

• Communications: messages you send to our support team.

15.2 Information Collected Automatically

• Precise GPS location (foreground and, if permitted, background).

• Device information: device type, operating system version, unique device identifiers.

• Usage data: features accessed, session duration, interaction patterns.

• Log data: IP address, browser type (web), crash reports, timestamps.

• Cookies and similar tracking technologies (web version).

15.3 Information from Third Parties

• Social login providers (Google, Facebook, Apple): basic profile information shared upon login.

• Analytics partners: aggregated behavioral data.

16. How We Use Your Information

We use your information to:

• Provide, maintain, and improve the App and its features.

• Display your memories on the map according to your privacy settings.

• Send notifications about nearby memories, friend activity, and anniversary flashbacks.

• Detect and prevent fraud, abuse, and violations of these Terms.

• Comply with legal obligations.

• Conduct analytics to understand usage patterns (in aggregated/anonymized form).

• Send service updates and promotional communications (you may opt out at any time).

17. How We Share Your Information

17.1 With Other Users

Your User Content is shared with other users according to the privacy settings you choose. Your username and profile photo may be visible to users who interact with your content.

17.2 With Service Providers

We share information with trusted third-party service providers who assist us in operating the App, including:

• Cloud hosting and storage providers.

• Analytics providers (e.g., Firebase Analytics, Mixpanel).

• Push notification services (e.g., APNs, FCM).

• Authentication providers (Google, Facebook, Apple).

• Customer support platforms.

All service providers are contractually obligated to use your data only for the purposes we specify and to maintain appropriate security measures.

17.3 Legal Requirements

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., court orders, subpoenas, government agencies).

17.4 Business Transfers

In the event of a merger, acquisition, or sale of all or a portion of Waymark's assets, your information may be transferred to the acquiring entity. We will provide notice before your information becomes subject to a different privacy policy.

17.5 We Do Not Sell Your Data

Waymark does not sell, rent, or trade your personal information to third parties for their marketing purposes.

18. Data Retention

We retain your personal information for as long as your account is active or as needed to provide services. You may request deletion of your account and associated data at any time through the App settings or by contacting privacy@waymark.app.

Certain data may be retained longer if required by law or for legitimate business purposes such as fraud prevention. Anonymized and aggregated data may be retained indefinitely.

19. Your Rights

Depending on your jurisdiction, you may have the following rights regarding your personal data:

• Access: Request a copy of the personal data we hold about you.

• Correction: Request correction of inaccurate or incomplete data.

• Deletion: Request deletion of your data ("right to be forgotten").

• Portability: Request your data in a structured, machine-readable format.

• Restriction: Request restriction of processing in certain circumstances.

• Objection: Object to processing based on legitimate interests or for direct marketing.

• Withdrawal of consent: Withdraw consent at any time where processing is based on consent.

To exercise these rights, contact privacy@waymark.app. We will respond within 30 days.

20. Children's Privacy

Waymark is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal data from a child under 13 without verified parental consent, we will take steps to delete such information promptly.

If you believe your child has provided us with personal information, please contact privacy@waymark.app.

21. Data Security

Waymark implements commercially reasonable technical and organizational measures to protect your information against unauthorized access, alteration, disclosure, or destruction. These include:

• Encryption of data in transit (TLS/SSL) and at rest.

• Access controls limiting employee access to personal data.

• Regular security assessments and vulnerability testing.

No method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee absolute security.

22. International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. These countries may have different data protection laws. By using the App, you consent to such transfers.

Where required, we implement appropriate safeguards such as Standard Contractual Clauses (SCCs) or other approved transfer mechanisms.

23. Third-Party Links and Services

The App may contain links to third-party websites, services, or applications. This Privacy Policy does not apply to those third parties. We encourage you to review the privacy policies of any third-party services you access.

24. Advertising

We may display third-party advertisements within the App. Third-party ad networks may use cookies, device identifiers, and similar technologies to deliver targeted advertisements based on your activity. You may opt out of interest-based advertising through your device settings ("Limit Ad Tracking" on iOS, "Opt out of Ads Personalization" on Android).

PART III — COMMUNITY GUIDELINES

25. Our Community Values

Waymark is built on the belief that every place has a story worth sharing. We ask all members of our community to uphold the following values:

• Authenticity: Share real moments from real places.

• Respect: Treat other users and their memories with kindness.

• Privacy: Never share others' personal information without their consent.

• Safety: Do not use the App in a way that puts yourself or others at risk.

26. Content Standards

Allowed

• Personal travel photos and videos taken in public spaces.

• Captions, stories, and memories tied to specific locations.

• Reviews, recommendations, and tips about places.

• Mood tags and creative expressions of your experience.

Not Allowed

• Photos or videos taken inside private property without permission.

• Content that reveals another person's location, home address, or daily routine without consent.

• Content designed to harass, stalk, or intimidate specific individuals.

• Misinformation about locations, events, or businesses.

• Commercial promotion or advertising without Waymark's prior approval.

27. Enforcement

Violations of these Community Guidelines may result in:

• Content removal.

• Temporary suspension of posting privileges.

• Permanent account ban.

• Reporting to law enforcement where required by law.

Waymark's enforcement decisions are final. You may appeal a content removal decision by contacting appeals@waymark.app within 14 days of the removal notice.

PART IV — CONTACT & UPDATES

28. Contact Information

For questions, concerns, or requests related to these policies, contact us at:

General: support@waymark.app

Privacy: privacy@waymark.app

Legal / DMCA: legal@waymark.app

Content Appeals: appeals@waymark.app

29. Policy Updates

We may update these policies periodically. When we make material changes, we will:

• Update the "Effective Date" at the top of this document.

• Send an in-app notification or email to registered users.

• Post a summary of changes in the App's release notes.

Your continued use of the App after the effective date constitutes acceptance of the revised policies.

Waymark — Privacy Policy & Terms of Service