Terms and conditions

Last updated: 14.09.2023.

This document constitutes a legally binding agreement governing your access to and use of Naratour website and Naratour App, collectively: "Naratour".

The content provided on Naratour is not meant for distribution or utilization by any individual or entity in jurisdictions or countries where such actions would violate the law or regulations or subject us to any mandatory registration within that jurisdiction or country. As a result, individuals who opt to access Naratour from other locations do so of their own volition and bear full responsibility for adhering to local laws, to the extent that they are applicable.

Important notice for minors:

Age Restrictions:
If you are under the age of consent for data collection determined by your jurisdiction, generally (16/13) years old, you are not permitted to create accounts on the Naratour without verifiable parental consent. However, you may use guest access features that do not require the collection of personal information.

Parental Consent:
If you are under the age of consent for data collection and wish to use certain features of Naratour that require the collection and processing of your personal data, you must obtain verifiable parental consent. This means that a parent or legal guardian must provide consent on your behalf.

Right to Erasure:
Please refer to our Privacy Policy for information on how to exercise this right.

By accessing or using Naratour, you confirm that you understand and you expressly agree to be bound by these Terms and Conditions.

1. Introduction

These General Terms and Conditions regulate the use of the mobile application 'Naratour' and the services offered by this application.

Unless the context requires otherwise, certain words and expressions within the meaning of these General Terms and Conditions have the following meanings:

1.1 By accessing or using Naratour, you agree to be bound by these Terms and Conditions, which include and hereby incorporate the Naratour Privacy Policy (collectively: "Terms"). These Terms apply to any use of Naratour. Please read the following Terms carefully before using Naratour. If you do not agree to these Terms, you may not access or use Naratour.

1.2 The Terms may be amended from time to time. The latest version of the Terms is available to you at any moment at naratourapp.com/terms-and-conditions. If you would like more information on the use of Naratour, do not hesitate to contact us at contact@naratourapp.com

1.3 The Terms are concluded between us, Naratour d.o.o., Savska cesta 41, Zagreb, Croatia, PIN: 61325912831, owner of Naratour, and you as the User only.

1.4 These Terms, along with our Privacy Policy, and any other terms and conditions that apply to Naratour, form a legally binding agreement ("Agreement"). Naratour Privacy Policy describes our collection and use of personal data in connection with use of Naratour. You can find a current version of our Privacy Policy at naratourapp.com/privacy-policy.

1.5 To use the functionalities Naratour provides, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including the Privacy Policy).

2. Definitions

Please read these General Terms and Conditions carefully before using the Application. If you do not agree with these General Terms and Conditions, do not use the Application. By using the Application, you agree to these General Terms and Conditions.

The applicable regulations of the Republic of Croatia shall apply accordingly to all mutual relations between the Naratour team and the Users, which are not regulated by these General Terms and Conditions.

Special features related to how to use the application

2.1 "We", "us" or "our", means Naratour d.o.o., owner of Naratour. We are a limited liability company incorporated under the laws of Croatia, having its registered address at Savska cesta 41, Zagreb, Croatia.

2.2 "User" or "you" refers to any individual or entity that accesses or uses Naratour.

2.3 "Naratour" means Naratour website and Naratour app.

2.4 "Naratour App" means Naratour mobile application available in Google Play and App Store.

2.5 "Naratour Website" means Naratour website available at naratourapp.com

2.6 "Naratour CMS" means Naratour Content Management System that is a part of Naratour Website and is used for managing Tours on Naratour. Naratour CMS is available only to Tour Suppliers.

2.7 "Tour" means a digital self-guided tour which provides Users with content such as text, audio, pictures and gamification about a particular location.

2.8 "Tour Supplier" refers to a type of User (museum, gallery, business entity, etc.) that provides Tours through Naratour CMS at a particular location. To become a Tour Supplier, the User and Naratour conclude a separate cooperation agreement.

2.9 "Terms" means the version of the Terms and Conditions including Privacy Policy valid at the time in question.

2.10 "Intellectual Property Rights" means copyrights and related rights (including database, catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

3. Naratour

3.1 Naratour is a visitor guide application that allows its users to independently explore cultural places like museums and galleries with interactive stories and audio guides (collectively: "Tours"). Visitors use smartphones to pick stories in which they play a lead role. During the interactive tour, visitors follow points of interest, find clues, and solve a range of challenges until the story is concluded. Challenges take the form of puzzles and riddles. They can only be solved by visual or physical interaction with exhibits, and they unlock interesting educational facts. Visitors can also use their smartphones to access an immersive audio guide.

3.2 You can access Naratour through the Naratour website at naratourapp.com, by downloading the Naratour mobile application on your mobile or other smart device from a supported app store.

3.3 Tours on Naratour can be offered to User free of charge or as chargeable products and services

3.4 Naratour might allow third parties to advertise, market, sell, promote and/or offer (as applicable) their products and services for order and purchase in Naratour, if there is such agreement between Naratour and third party.

4. Access and use of Naratour

4.1 Use of Naratour requires you to have internet access on your device. You can create your Account by stating your name, email address, and choosing a password ("Password") or by logging in with your Apple or Google account. You can also use Naratour without creating an account ("Guest"), but the content and functionality of Naratour for such Users can be limited.

4.2 When creating the Account through email registration you will receive a confirmation email to complete the registration process. In case the confirmation link does not arrive, please contact us at contact@naratourapp.com.

4.3 You should protect your Account and Password by taking all necessary precautions to prevent anyone else from using them. That includes not sharing the Account and Password details and not letting anyone else access the Account.

4.4 If you become aware or reasonably suspectful of any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Password, you must immediately notify us and modify your Password. You are responsible for anything that happens through the Account and all uses of the Password, including purchases, whether or not authorized by you.

4.5 After you create the Account, other Users and allowed third parties may see your details, e.g. name, email, purchases etc. Check our Privacy Policy for more info.

5. Conduct policy

5.1 You have sole responsibility when interacting with other Users and you are solely responsible for all the activity that occurs in association with your use of Naratour.

5.2 We reserve the right, but have no obligation, to monitor your User content as well as possible interactions between you and other Users. We will use the data from interactions made with other Users when we need it to fulfill our obligations arising from the Agreement. For more details on processing of that data, please see our Privacy Policy.

5.3 To ensure that Naratour remains a safe place for everyone, certain policies apply and form an integral part of these Terms. Violations of these policies may result in a range of actions including, but not limited to: removal of content, warning, temporary or permanent Account deactivation.

5.4 We are committed to providing a safe and respectful environment for all Users of Naratour. As part of our commitment, we reserve the right to review and moderate all content posted or submitted by Users, including but not limited to Tours, feedback, and any other user-generated content. Content that does not comply with our policies may be removed or modified at our discretion.

5.5 Keep It Legal. Do not engage in nor encourage illegal activity and do not violate any applicable law or regulation.

5.6 Don't Intimidate, Stalk, or Harass. Stalking, intimidation, threats, and harassment of other Users is prohibited. Harassment is defined as a pattern of offensive behavior that appears to have the purpose of adversely affecting a targeted person or persons. Examples of harassment include making threats, repeated unwanted contacts with a person, and posting the personal information of another person. Naratour reserves the right to take action on Accounts we believe may pose a threat to Users.

5.7 Interacting and sharing content with other Users, which according to our sole discretion, falls into any of the following categories is prohibited: Hate Speech and Offensive Language: Hate speech, particularly speech that disparages any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory, including content that contains offensive language or images, Sexually Explicit Content: Contains nudity, sexually explicit content or is otherwise obscene, sexually exploitive of minors, pornographic, indecent, lewd, or suggestive, Illegal and Infringing: Unlawful content or content for which Naratour has received a court order to remove, or content that infringes on the rights of a third party, including intellectual property, privacy, publicity or contractual rights, Glamorizing Violence: Incites real life violence or characterizes violence as acceptable, glamorous or desirable.

5.8 Historical Content: We understand that in certain historical contexts, the discussion of certain content may be necessary for educational or scholarly purposes. Therefore, any historical content that may be subject to our policies and guidelines will be reviewed on a case-by-case basis. Our determination to allow historical content will be based on its educational merit and context.

5.9 If you feel another person is violating these policies, don't hesitate to contact us immediately by sending an email to contact@naratourapp.com. Please include relevant information and evidence to assist us in our review process.

5.10 Users within Naratour cannot promote any method of purchasing content, services, or products except those offered through the in-app purchases integrated in Naratour.

6. Disclaimers, Limitation of Liability and Indemnity

6.1 We make no representation, warranty, or guarantee regarding the safety, reliability, timeliness, quality, suitability, or availability of the data inside Naratour or that the use of Naratour will be uninterrupted or error-free.

6.2 Although we shall use reasonable skill and care in managing data offered through Naratour, we cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of Naratour or otherwise), inaccurate, misleading or untrue information.

6.3 You agree that the entire risk arising out of your use of Naratour, and any service or product requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. We, for our part, have provided all the conditions to make Users feel as secure as possible when accessing and using Naratour.

6.4 Although we will do our best to provide constant, uninterrupted use of Naratour, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

6.5 We are not a party to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other Users. You are solely responsible for your interactions with other Users of Naratour.

6.6 We shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of Naratour, regardless of our negligence (either active, affirmative, sole, or concurrent), even if have been advised of the possibility of such damages.

6.7 We shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Naratour or your inability to access or use Naratour, or any transaction or relationship between you and any third party in connection with the Naratour, even if we have been advised of the possibility of such damages.

6.8 To the fullest extent permitted by applicable law you relieve us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with another Users.

6.9 We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.

6.10 The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for certain types of damages, in such states or jurisdictions our liability shall be limited to the extent permitted by law. This provision shall have no effect on our choice of law provision set forth below.

6.11 You agree to indemnify and hold us and our affiliates, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Naratour, (ii) your breach or violation of any of these Terms or connected policies or guidelines, (iii) our use of your User content or (iv) your violation of the rights of any User or third party.

7. Intellectual Property Rights

7.1 All Intellectual Property Rights in or related to Naratour and thereto related documentation and all parts and copies thereof, shall remain exclusively vested with, and be the sole and exclusive property of us, Naratour d.o.o. and/or our subcontractors/licensors as applicable.

7.2 These Terms do not grant you any Intellectual Property Rights connected to the Naratour and all rights not expressly granted hereunder are reserved by us, Naratour d.o.o. and our subcontractors/licensors as applicable. You also must not reverse-engineer any part of Naratour (that is, reproduce them after a detailed examination of their construction or composition).

7.3 Any third-party content that may be displayed on Naratour is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, reproduce, modify, distribute, or display any third-party content without the prior written consent of its owner.

8. Proprietary material

8.1. Proprietary material: All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that you see or read on Naratour is owned by us, or is used with the owner's permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from Naratour without our prior written permission.

9. Refunds for Tours Purchased on Google Play and App Store

9.1 If you have purchased a Tour through Naratour on Google Play or App Store and you are dissatisfied with your purchase, you may be eligible for a refund, subject to the terms and conditions set forth by Google Play or App Store.

9.2 To request a refund for a Tour purchased on Google Play or App Store, please follow the respective platform's refund process. You can find information on how to request a refund on Google Play here: support.google.com/googleplay/answer/2479637 and on App Store here: support.apple.com/en-us/HT204084.

9.3 Please note that any refund requests for Tours purchased on Google Play or App Store will be subject to their refund policies and timelines.

9.4 For other questions on refunds contact us at: contact@naratourapp.com

10. Term and Termination

10.1 These Terms are in force as a binding Agreement between us, Naratour d.o.o., and you, the User, until further notice as long as you use Naratour.

10.2 You can discontinue the use of the Naratour at any time. We shall close your Account at your request.

10.3 We can discontinue access and use of Naratour permanently or temporarily at any time, without stating a reason or previous notice thereof. We are not liable to you or any third party for any damages or losses that result from the termination of your access to Naratour.

11. Applicable Law and Dispute Resolution

11.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia.

11.2 If you are a consumer in the European Union, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.

11.3 Disputes arising from these Terms shall be resolved by the Municipal Civil Court located in Zagreb. A consumer in the European Union may, however, always institute proceedings before the competent court of his domicile.

11.4 If you are a User domiciled in the European Union, you and Naratour may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr.

12. Amendments

12.1 We reserve the right to make changes to these Terms, or any policy or guideline of Naratour, at any time and in our sole discretion. We will alert you about any changes by updating the 'Last updated' date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Naratour after the date such revised Terms are posted.

13. Other Provisions

13.1 You may not assign these Terms or rights and obligations arising from this Terms without our prior written approval. We may assign these Terms or rights and obligations arising from these Terms without your consent to a subsidiary or affiliate; an acquirer of our equity, business or assets; or a successor by merger.

13.2 Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and us or any third party as a result of this Agreement or use of the Naratour.

13.3 Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

13.4 If any provision of these Terms is held to be invalid or unenforceable, such provision shall not affect remaining provisions, which shall be enforced to the fullest extent under law.

13.5 In case of any complaint or problem, please contact us by e-mail to the following address: contact@naratourapp.com.