Terms of Service

1. About These Terms

These Terms of Service and End User Licence Agreement (together, "Terms") form a legally binding agreement between you and WheresG Ltd ("WheresG", "we", "us", "our") governing your use of the OutOut mobile application and all related services (the "App").

These Terms should be read alongside our Privacy Policy, which explains how we collect and process your personal data.

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Continued use of the App after any update constitutes acceptance of the revised Terms.

2. Eligibility

You may only use OutOut if:

• You are at least 13 years old.
• You are not prohibited from using the App under the laws of your country or region.
• You have the legal capacity to enter into a binding agreement.

If you are between 13 and 17 years old, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

We do not knowingly allow children under 13 to use the App. If we become aware that a user is under 13, we will promptly delete their account and associated data.

3. Your Account

To use OutOut, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your login credentials secure and not share them with anyone.
• Notify us immediately at [email protected] if you suspect unauthorised access to your account.
• Be responsible for all activity that occurs under your account.

We reserve the right to suspend or permanently delete accounts that violate these Terms, without prior notice in cases of serious or repeated violations.

4. Licence to Use OutOut

Subject to your compliance with these Terms, WheresG grants you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on your personal device for personal, non-commercial purposes.

You may not:

• Copy, modify, distribute, sell, or sublicense the App or any part of it.
• Reverse engineer, decompile, or attempt to extract the source code of the App.
• Use the App in any way that could damage, disable, or impair our services or servers.
• Use automated tools, bots, or scripts to access or interact with the App.
• Circumvent or attempt to circumvent any security or access controls.

This licence terminates automatically if you breach these Terms.

5. How OutOut Works

OutOuts

OutOut allows users to create temporary group chats called "OutOuts" with defined start and end times. OutOuts are visible only to their members.

Memories

After an OutOut ends, it becomes a read-only archive called a "Memory". The following lifecycle applies:

Faded Memories may be revived via an in-app purchase. We cannot guarantee the availability of faded Memory data indefinitely.

Invitation Links

Creators may share invitation links to OutOuts. By clicking an invitation link and joining an OutOut, you acknowledge that a friendship connection will be created between you and the inviter automatically, without a separate friend request, and that you agree to these Terms if you do not already have an account.

6. User-Generated Content

Your Content

OutOut allows you to submit messages, photos, videos, locations, audio, reactions, polls, and other content ("Your Content"). You retain ownership of Your Content.

By submitting Your Content, you grant WheresG a worldwide, royalty-free, non-exclusive licence to store, host, transmit, and display Your Content solely as necessary to operate and provide the App. This licence ends when Your Content is deleted in accordance with these Terms or our Privacy Policy.

Content Standards

You agree that Your Content will not:

• Be unlawful, defamatory, harassing, threatening, abusive, or hateful.
• Constitute or encourage sexual exploitation or abuse of minors (CSAM) — this is a zero-tolerance policy and will be reported to law enforcement.
• Infringe the intellectual property, privacy, or other rights of any third party.
• Contain viruses, malware, or other harmful code.
• Violate any applicable law or regulation.

Reporting and Blocking

OutOut provides in-app tools that allow you to report content or block other users. We review reports and take appropriate action, which may include content removal, warnings, or account termination. We will notify relevant authorities where required by law.

7. In-App Purchases and Payments

Memory Preservation

OutOut offers the following paid features, all consumable one-time purchases processed through Apple App Store or Google Play Store:

Prices are displayed in-app and may vary by region. Purchases are non-refundable except as required by applicable law or the relevant platform's refund policy.

Payment Processing

All payments are processed exclusively by Apple App Store or Google Play Store. WheresG does not receive or store your payment card details. By making a purchase, you agree to the relevant platform's payment terms.

No Guarantee of Preservation

Paid Memory preservation stores your Memory indefinitely on our servers as long as your account remains active and in good standing. In the event that WheresG ceases to operate, we will provide reasonable notice and, where possible, tools to export your preserved content.

8. Acceptable Use

You agree not to use OutOut to:

• Harass, bully, stalk, or intimidate other users.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Spam other users with unsolicited messages or invitations.
• Share content that is illegal, obscene, or grossly offensive.
• Engage in any activity that interferes with the operation of the App.
• Use the App for any commercial purpose without our prior written consent.

Violations may result in immediate account suspension or termination. We reserve the right to report illegal activity to relevant authorities.

9. Intellectual Property

All intellectual property rights in the App, including its design, code, trademarks, logos, and content created by WheresG, belong to WheresG Ltd or our licensors. Nothing in these Terms grants you any rights in or to these materials except as expressly set out herein.

"OutOut" and "WheresG" are trading names of WheresG Ltd. You may not use them without our prior written consent.

10. Privacy

Our Privacy Policy explains what data we collect, how we use it, and your rights in relation to it. By using the App, you acknowledge that you have read and understood our Privacy Policy.

11. Third-Party Services

OutOut integrates with third-party services including Supabase, Firebase, Apple APNs, ACRCloud, RevenueCat, Expo, Resend, Giphy, and Google Maps. Your use of features involving these services may be subject to those providers' own terms and privacy policies. WheresG is not responsible for the practices of third-party services.

12. Disclaimers and Limitation of Liability

App Provided "As Is"

The App is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by law, WheresG's total liability to you for any claims arising from your use of the App shall not exceed the greater of: (a) the total amount you have paid to us in the 12 months preceding the claim, or (b) £50.

WheresG is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or loss of goodwill.

Consumer Rights

Nothing in these Terms limits or excludes any liability that cannot be excluded or restricted under applicable law, including your statutory rights as a consumer under UK law.

13. Account Deletion and Termination

Deleting Your Account

You may delete your account at any time through the App settings. Upon deletion, a 30-day recovery period begins. After 30 days, your account and personal data are permanently deleted in accordance with our Privacy Policy.

Termination by WheresG

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms. In cases of serious violations (e.g. CSAM, fraud), termination will be immediate and without notice.

Upon termination, your licence to use the App ceases immediately. Provisions that by their nature should survive termination will do so, including sections on intellectual property, disclaimers, and limitation of liability.

14. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, unless you are a consumer resident in another jurisdiction and applicable law gives you the right to bring proceedings in your local courts.

If you have a complaint, please contact us first at support@wheresg.com. We will do our best to resolve your concern before any formal action is taken.

15. Apple-Specific Terms (iOS Users)

If you downloaded OutOut from the Apple App Store, the following additional terms apply:

• These Terms are between you and WheresG only. Apple is not a party to these Terms and has no obligation to provide support or maintenance for the App.
• Apple has no responsibility for any claims relating to the App, including product liability, consumer protection, or intellectual property infringement claims.
• In the event of a third-party intellectual property infringement claim, WheresG (not Apple) is solely responsible for the investigation, defence, settlement, and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant that you are not located in a US-embargoed country and are not listed on any US Government list of prohibited or restricted parties.

16. General

• If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• You may not transfer or assign your rights under these Terms to any third party without our prior written consent.
• These Terms, together with our Privacy Policy, constitute the entire agreement between you and WheresG regarding your use of the App.

17. Contact Us

If you have any questions about these Terms, please get in touch: