TERMS OF SERVICE

Last updated: 03/26/2026

  1. Introduction

Welcome to Photerra, Inc. (“Photerra“, “we“, “our“, “us“). These Terms of Service (“Terms“) govern your access to and use of the Photerra mobile application, the website at https://photerra.com, and all related services, features, and content (collectively, the “Service“). The Service is operated by Photerra, Inc., a company incorporated in the State of California.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy (together, the “Agreements“). If you do not agree to these Terms, you may not use the Service.

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on the Service and updating the “Last Updated” date above. Your continued use of the Service after such changes constitutes acceptance of the revised Terms.

  1. Eligibility

You must be at least eighteen (18) years old to create an account or use the Service. By using the Service, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. We do not knowingly collect information from or direct the Service to anyone under the age of 18.

  1. Account Registration

To access certain features of the Service, you must create an account. When you register, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at info@photerra.com if you become aware of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are inactive for extended periods.

  1. Description of the Service

Photerra is a social travel discovery platform that enables users to discover, share, and plan travel experiences. The Service includes the following features:

4.1 Geo-Tagged Spots and User-Generated Content

Users can discover and contribute geo-tagged locations (“Spots“) including restaurants, landmarks, viewpoints, hidden gems, and other points of interest. Users may post photographs, descriptions, ratings, tips, and other content associated with Spots (collectively, “User Content“). The Service also includes editorially curated and programmatically seeded Spot data to provide a baseline discovery experience.

4.2 Itinerary Planning

Users can create, save, and share travel itineraries composed of Spots. Itineraries may be kept private or shared with other users of the Service.

4.3 Affiliate Booking Integrations

The Service may include links to third-party travel providers, including but not limited to hotels, tours, activities, and transportation services (“Booking Partners“). These links are provided through affiliate partnerships. When you click an affiliate link and complete a transaction with a Booking Partner, Photerra may receive a commission. Photerra is not a party to any transaction between you and a Booking Partner. All bookings are subject to the Booking Partner’s own terms, conditions, and privacy policies. Photerra does not guarantee the availability, pricing, quality, or safety of any third-party product or service.

4.4 Social and Community Features

The Service may include social features such as following other users, sharing Spots and itineraries, and engaging with community-contributed content. You are responsible for your interactions with other users.

  1. User Content

5.1 Ownership

You retain ownership of all User Content you submit, post, or display through the Service. Photerra does not claim ownership of your User Content.

5.2 License Grant to Photerra

By submitting User Content, you grant Photerra a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content in connection with operating, promoting, and improving the Service. This license continues for as long as your User Content remains on the Service and for a reasonable period after deletion to account for caching, backups, and archival processes. For clarity, if you delete your account, we will remove your User Content from the Service within a commercially reasonable time, subject to the retention provisions described in our Privacy Policy.

5.3 User Content Representations

You represent and warrant that: (a) you own or have the necessary rights and permissions to submit your User Content and to grant the license above; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any third party; and (c) your User Content does not contain unlawful, defamatory, obscene, or otherwise objectionable material.

5.4 Content Moderation

Photerra has the right, but not the obligation, to review, monitor, edit, or remove any User Content at our sole discretion, including content that we determine violates these Terms or is otherwise objectionable. We are not responsible or liable for any User Content posted by users or third parties.

  1. API Access and Data Licensing

6.1 Photerra API

Photerra may offer a paid application programming interface (“API“) that provides access to Spot data, including photographs, metadata, geolocation coordinates, descriptions, ratings, and other associated information (“API Data“). Access to the API is subject to separate API Terms of Use and pricing, which will be provided upon registration for API access.

6.2 API License

Subject to compliance with the API Terms of Use and payment of applicable fees, Photerra grants API users a limited, non-exclusive, non-transferable, revocable license to access and use API Data solely for the purposes permitted under the applicable API plan. API users may not sublicense, resell, or redistribute API Data except as expressly permitted.

6.3 User Content in the API

API Data may include User Content contributed by Photerra users. By submitting User Content to the Service, users acknowledge that their public Spots and associated photographs and metadata may be made available through the API. Users who do not wish their content to be included in API Data may adjust their privacy settings or contact us at info@photerra.com.

6.4 Rate Limits and Restrictions

Photerra reserves the right to impose rate limits, usage quotas, and other restrictions on API access. Excessive or abusive use of the API may result in throttling, suspension, or termination of access. API users must not use the API to build a competing service, scrape data in bulk, or circumvent the intended functionality of the Service.

6.5 API Availability

Photerra does not guarantee uninterrupted API availability. We may modify, deprecate, or discontinue the API or any API feature at any time with reasonable notice.

  1. Prohibited Uses

You agree not to use the Service to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Exploit, harm, or attempt to exploit or harm minors in any way.
  • Transmit spam, chain letters, or other unsolicited communications.
  • Impersonate Photerra, a Photerra employee, another user, or any other person or entity.
  • Post User Content that is false, misleading, defamatory, obscene, threatening, or that infringes on any third party’s rights.
  • Upload photographs or content that you do not have the right to share.
  • Post Spots with intentionally inaccurate geolocation data or fraudulent descriptions.
  • Use any automated means (bots, scrapers, crawlers) to access the Service or collect data without our prior written consent.
  • Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
  • Introduce viruses, malware, or other harmful code.
  • Interfere with or disrupt the Service or the servers and networks used to provide the Service.
  • Reverse engineer, decompile, or disassemble any aspect of the Service.
  • Use the Service to build a competing product or service, or systematically download or store Spot data, images, or metadata for use outside the Service except through an authorized API plan.
  • Circumvent or manipulate affiliate links, tracking codes, or commission structures.
  1. Intellectual Property

The Service, including its design, features, functionality, software, text, graphics, logos, and curated Spot data, is owned by Photerra, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent, except as expressly permitted by these Terms.

The Photerra name, logo, and all related marks are trademarks of Photerra, Inc. You may not use our trademarks without our prior written permission.

  1. Copyright Policy and DMCA

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please submit a notice to our designated agent at legal@photerra.com with the subject line “Copyright Infringement.” Your notice must include:

  • A physical or electronic signature of the copyright owner or authorized representative.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on the Service that is allegedly infringing, with sufficient detail for us to locate it.
  • Your contact information (address, telephone number, email).
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

We may terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (17 U.S.C. ยง 512).

  1. Third-Party Links and Services

The Service contains links to third-party websites, Booking Partners, and services that are not owned or controlled by Photerra. We are not responsible for the content, privacy practices, or terms of any third-party service. Your interactions with Booking Partners and other third parties are solely between you and them. We strongly recommend reviewing the terms and privacy policies of any third-party service before engaging with it.

  1. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PHOTERRA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

PHOTERRA DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY SPOT DATA, USER CONTENT, OR THIRD-PARTY INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT; OR (D) ANY BOOKING OR TRANSACTION COMPLETED THROUGH A BOOKING PARTNER WILL MEET YOUR EXPECTATIONS.

PHOTERRA DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY OF ANY USER CONTENT, SPOT INFORMATION, OR BOOKING PARTNER OFFERINGS. YOU USE THE SERVICE AND RELY ON ANY INFORMATION OBTAINED THROUGH IT AT YOUR OWN RISK.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTERRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY BOOKING PARTNER TRANSACTION, ANY USER CONTENT, OR ANY CONDUCT OF THIRD PARTIES ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOTERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PHOTERRA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO PHOTERRA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Photerra and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any transaction between you and a Booking Partner.

  1. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

14.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS in San Francisco County, California, in accordance with JAMS Streamlined Arbitration Rules. The arbitrator’s decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND PHOTERRA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims eligible for small claims court may also be brought there.

  1. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may terminate your account at any time by deleting your account through the app settings or by contacting us at info@photerra.com. Upon termination, your right to use the Service ceases immediately. Sections 5.2, 8, 11, 12, 13, 14, and 16 shall survive termination.

  1. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable API Terms of Use, constitute the entire agreement between you and Photerra regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that or any other provision.

16.4 Assignment

You may not assign your rights under these Terms without our prior written consent. Photerra may assign its rights and obligations under these Terms without restriction.

16.5 Force Majeure

Photerra shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or pandemics.

16.6 Communications

By creating an account, you consent to receive electronic communications from Photerra, including service announcements, administrative messages, and, where you have opted in, marketing communications. You may opt out of marketing communications at any time by using the unsubscribe link in any marketing email or by adjusting your notification settings in the app.

  1. Contact Us

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

By email: info@photerra.com
Legal inquiries: legal@photerra.com