Terms of Service

These Terms of Service ("Terms") govern your use of ApexWander, an AI-powered activity discovery product operated by bigSIMPLE Development ("we," "us," "our"). By creating an account or using the service, you agree to these Terms. If you don't agree, please don't use ApexWander.

1. The Service

ApexWander helps you discover nearby activities through a swipe-based interface, learns your preferences from your swipes, and produces personalized suggestions — solo, with a partner in couple mode, or with friends in group mode. You can also submit natural-language "Wander Requests" (e.g., "quiet dinner near downtown") and receive AI-generated suggestions.

The service is provided as-is. We may add, change, or remove features at any time.

2. Your Account

To use ApexWander, you need an account. You're responsible for keeping your login credentials confidential and for all activity under your account. You must be at least 13 years old to create an account. If you're under the age of majority in your jurisdiction, you confirm that a parent or guardian has reviewed these Terms.

You agree to provide accurate information when creating your account and to keep it up to date.

3. Acceptable Use

You agree not to:

• Use ApexWander to violate any law or the rights of others
• Reverse-engineer, decompile, or attempt to extract our source code, except as permitted by applicable law
• Use the service to send spam, malware, or to harass others (including via couple pairing or group invitations)
• Pair with or invite people who have not consented to be added
• Attempt to gain unauthorized access to other users' accounts, couple sessions, or our systems
• Use automated tools to scrape, crawl, or extract data from the service beyond what's offered through the public app interface
• Submit Wander Requests intended to generate harmful, illegal, or abusive content
• Interfere with or disrupt the service, including by overloading it with requests

We may suspend or terminate accounts that violate these rules.

4. Activity Suggestions and Real-World Risk

ApexWander suggests places and activities sourced from third-party data (Google Places) and ranked by AI. We do not own, operate, vet, endorse, or guarantee any business, venue, event, route, or activity surfaced in the app. You are responsible for evaluating the safety, legality, and suitability of any activity before you go.

Things to keep in mind:

• Hours, prices, availability, and accessibility may be inaccurate or out of date
• A place existing in our results does not mean it is safe, open, lawful in your situation, or appropriate for everyone in your group
• Outdoor or physical activities carry inherent risk you assume yourself
• You are responsible for your own transportation and for following all local laws

5. Third-Party Services

ApexWander integrates with third-party services. Your use of these services through ApexWander is also subject to their own terms:

• Google Terms of Service (Google Places API)
• Anthropic Consumer Terms (Claude API)
• Stripe Terms (payment processing)

6. Couple and Group Mode

When you pair with a partner via couple code or join a group, the people you connect with can see your display name, the activities you save to a shared list while in that mode, and your match results (places both/all of you swiped right on). They cannot see your individual swipe history or your preference profile.

You can disconnect a couple pairing or leave a group at any time from the app. Pairing requires both parties to enter a couple code; we do not connect anyone without affirmative action from both sides.

7. Content and Intellectual Property

Your content. Your saved activities, swipe history, preference profile, and Wander Requests are yours. We don't claim ownership and we don't use them to train AI models.

Our content. The ApexWander app, name, logo, and original software are the property of bigSIMPLE Development and protected by copyright and other intellectual property laws.

Place data. Place names, descriptions, photos, and metadata are provided by Google Places and other sources under their respective licenses. We don't claim ownership of this data and we cannot guarantee its accuracy.

8. Subscriptions and Payments

ApexWander offers a free tier and paid subscription tiers (basic, pro, unlimited), plus optional one-time upgrades (couple, group, additional cards). If you subscribe or purchase an upgrade:

• Payment is processed by Stripe under their terms.
• Subscriptions renew automatically unless canceled.
• You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.
• One-time upgrades are non-refundable once applied to your account, except where required by law.
• Refunds on subscriptions are provided at our discretion, except where required by law.

Pricing may change with at least 30 days' notice for existing subscribers.

9. Privacy

Your privacy matters. Our Privacy Policy explains what data we collect, how we use it, and how location data is handled. By using ApexWander, you agree to the practices described there.

10. Termination

You can close your account at any time from Settings → Delete Account in the app, or by emailing us. Closing your account triggers our deletion cascade: your swipe events, preference profile, saved activities, Wander Requests, and any couple/group memberships are deleted within 30 days.

We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the service. If we terminate the service entirely, we'll provide reasonable notice and a way to export your saved activities.

11. Disclaimers

ApexWander is provided "as is" and "as available." We don't warrant that the service will be uninterrupted, error-free, or that it will meet your specific needs. Place data, distance estimates, and AI-generated suggestions come from third-party sources and may be inaccurate, incomplete, or outdated. We make no warranty about the safety, legality, quality, hours, pricing, or accessibility of any place suggested.

To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, bigSIMPLE Development is not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of ApexWander, including any decision you make based on a suggested place or activity. Our total liability for any claim related to the service is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) $50 USD.

Some jurisdictions don't allow these limitations; in those places, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless bigSIMPLE Development from any claims, losses, or expenses arising from your misuse of the service, your violation of these Terms, your violation of any third party's rights, or any incident occurring at or in connection with an activity you chose to undertake.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Ohio, USA, without regard to conflict-of-laws principles. Any dispute arising from these Terms or your use of ApexWander will be resolved in the state or federal courts located in Hamilton County, Ohio, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date and notify account holders by email at least 14 days in advance. Continued use of ApexWander after the effective date of the updated Terms means you accept the changes.

16. Contact

Questions about these Terms? Reach us at bigsimpledevelopment@protonmail.com.