Terms and Conditions

Effective Date: June 19, 2025

Welcome to Art & Culture Scan: GuideNOW (“GuideNOW,” “the App,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of the GuideNOW mobile application and any related services provided by Oktay Kurt (the “Developer”).

By downloading, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

1. Agreement to Terms By using our App, you agree to these Terms. If you do not agree, you are not permitted to use the App. We may modify these Terms at any time. We will provide notice of any significant changes. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

2. License to Use the App The Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on any Apple-branded product that you own or control, strictly in accordance with these Terms. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the App. If you sell your device to a third party, you must remove the App from the device before doing so. You agree not to copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

3. User Accounts and Authentication The App uses your Apple iCloud account for authentication purposes. This process is managed by Apple, and your use of your Apple ID is subject to Apple’s terms and conditions and privacy policy. You are responsible for maintaining the confidentiality of your Apple ID and for all activities that occur under your account.

4. App Services and Content

• Functionality: GuideNOW provides features including but not limited to image recognition for art, landmarks, and artifacts; an AI-powered chat guide; audio guides; location-based suggestions; and a personal map of your discoveries.
• AI-Generated Information: The information provided by the App, including identifications, descriptions, historical context, and AI chat responses, is for informational and educational purposes only. While we strive for accuracy, this information is generated by artificial intelligence and may contain errors, inaccuracies, or omissions. The Developer does not guarantee the completeness, accuracy, or reliability of any information provided by the App. You acknowledge that any reliance on such information is at your own risk.
• Location-Based Services: Some features require access to your device’s location. By using these features, you consent to the App accessing your location data as described in our Privacy Policy.
• Service Availability: The App’s functionality may depend on third-party services (e.g., AI service providers, Apple services). We do not guarantee that the App will operate without interruption or errors. We reserve the right to modify, suspend, or discontinue the App or any part thereof with or without notice at any time.

5. Subscriptions

• Paid Services: Certain features of the App may be available only through a paid subscription (“Subscription”). Subscriptions are managed and processed through the Apple App Store.
• Billing and Auto-Renewal: If you purchase a Subscription, it will be charged to your Apple ID account. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Managing Subscriptions: You can manage and cancel your Subscriptions by going to your App Store account settings after purchase.
• Price Changes: We reserve the right to change Subscription fees. Any price changes will be communicated to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change.
• Refunds: Except when required by law, paid Subscription fees are non-refundable.

6. Prohibited Conduct You agree not to:

• Use the App for any illegal or unauthorized purpose.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except as permitted by law.
• Modify, adapt, translate, or create derivative works based upon the App.
• Remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices).
• Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App.
• Use any automated means or interface not provided by us to access the App or extract data.
• Scan or input any content that is unlawful, harmful, defamatory, obscene, infringing, or harassing.
• Violate any applicable laws or regulations.

7. Intellectual Property Rights

• App Ownership: The App, including its visual interfaces, graphics, design, code, and all other elements (the “Materials”) are protected by intellectual property laws and are owned or licensed by the Developer.
• User Content: You retain ownership of the photos you scan. By scanning a photo, you grant the Developer and its third-party service providers a worldwide, non-exclusive, royalty-free license to use, reproduce, and process that photo solely for the purpose of providing the App’s services to you.
• AI-Generated Content: The App provides access to information generated by AI. While you may use this information for personal, non-commercial purposes, the underlying AI models are the property of their respective providers.

8. Consent to Use of Technical Data You agree that the Developer may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the App. The Developer may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

9. Third-Party Services The App may integrate with or rely on services provided by third parties (e.g., AI service providers, Apple services). You agree to use these third-party services at your sole risk. The Developer is not responsible for examining or evaluating the content or accuracy of any third-party services and shall not be liable for any such services. The Developer reserves the right to change, suspend, remove, or disable access to any third-party services at any time without notice or liability to you. Your use of such services is subject to their respective terms and conditions.

10. NO WARRANTY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. INFORMATION OBTAINED THROUGH THE APP, PARTICULARLY AI-GENERATED CONTENT, IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE SOLELY RELIED UPON.

11. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER (OKTAY KURT) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOR SUBSCRIPTIONS TO THE APP WITHIN THE LAST TWELVE (12) MONTHS, OR, IF YOU HAVE NOT PAID ANYTHING, FIFTY U.S. DOLLARS ($50.00 USD).

12. Indemnification You agree to defend, indemnify, and hold harmless the Developer (Oktay Kurt) from and against any claims, liabilities, damages, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with (a) your access to or use of the App; (b) your violation of these Terms; or (c) your violation of any third-party right.

13. Termination The Developer may terminate or suspend your access to the App, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease. Sections concerning Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Miscellaneous shall survive any termination.

14. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which you reside, without regard to its conflict of law principles. Any dispute arising from these Terms shall be settled by arbitration in your jurisdiction, in English, by one commercial arbitrator with experience in resolving intellectual property and commercial contract disputes.

15. Export and Government Compliance You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. The App and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.”

16. Changes to Terms We reserve the right to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

17. Contact Information If you have any questions about these Terms, please contact Oktay Kurt at: [email protected]

18. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and the Developer regarding your use of the App.
• Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
• No Waiver: The Developer’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.