Terms of Service

Last updated: May 2026

Effective Date: May 2026 | Last Updated: May 2026

1. Acceptance of Terms

By downloading, installing, or using the PhotoFun mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Eligibility

You must be at least 13 years of age to create an account and use PhotoFun. If you are between 13 and 18 years of age, you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By allowing a minor to use the App, the parent or legal guardian assumes full responsibility for that minor's use.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to keep your information updated.

4. Assumption of Risk and Liability Waiver

4.1 Physical Activity Acknowledgment

PhotoFun involves real-world physical activity, including but not limited to walking, exploring unfamiliar areas, navigating urban and natural environments, and using your mobile device while in public spaces. By using the App, you acknowledge and agree that:

(a) Participation in scavenger hunts and photo challenges involves inherent risks, including but not limited to: physical injury from trips, slips, or falls; traffic hazards; exposure to weather conditions; encounters with wildlife or hazardous terrain; injury resulting from distracted walking or inattention to surroundings; and risks associated with visiting unfamiliar locations.

(b) You voluntarily assume all risks associated with your use of the App, including risks that are not specifically identified in these Terms.

(c) You are solely responsible for your personal safety and the safety of those accompanying you while using the App.

4.2 Waiver and Release of Liability

To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue PhotoFun, its parent company, affiliates, officers, directors, employees, agents, and licensors (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by you, or any damage to your property, arising from your use of the App, whether caused by the negligence of the Released Parties or otherwise.

4.3 Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, property, or privacy right; or (d) any claim that your use of the App caused damage to a third party.

5. Safety Guidelines

5.1 Your Responsibilities

While using PhotoFun, you agree to:

(a) Always be aware of your surroundings and prioritize personal safety over completing any challenge.

(b) Obey all applicable laws, regulations, traffic signals, and posted signs at all times.

(c) Never trespass on private property, enter restricted areas, or access locations that are unsafe, prohibited, or require special permission.

(d) Never use the App while operating a motor vehicle, bicycle, or any other form of transportation.

(e) Never place yourself or others in danger to complete a challenge. No photo is worth risking your safety.

(f) Use appropriate caution in areas with vehicular traffic, construction, bodies of water, elevation changes, or other environmental hazards.

(g) Be respectful of other people, their property, and their privacy when taking photographs.

(h) Check weather conditions and dress appropriately for outdoor activity.

(i) Inform someone of your location and expected return time when participating in hunts, particularly in unfamiliar areas.

(j) Not use the App if you have any medical condition that could be aggravated by walking, physical exertion, or outdoor activity without first consulting a physician.

5.2 Minor Safety

Parents and legal guardians are responsible for supervising minors using the App. Minors under 16 should not participate in hunts without adult supervision. The App is not designed for use by children under 13.

5.3 No Obligation to Complete

You are never required to complete any challenge. If a challenge directs you to a location or situation that feels unsafe, skip it. PhotoFun does not penalize users for skipping challenges.

6. Location Data

6.1 GPS Usage

The App uses your device's GPS to verify location-based challenges. Location data is collected only when you actively submit a photo for a GPS-verified challenge. You may revoke location permissions at any time through your device settings, though some features may not function without location access.

6.2 Location Data Storage

GPS coordinates are stored with your photo submissions for verification purposes. Location data is not sold to third parties. See our Privacy Policy for full details on data handling.

7. User Content

7.1 Photo Submissions

By submitting photos through the App, you grant PhotoFun a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your submitted photos for the purposes of operating and promoting the App. You retain ownership of your photos.

7.2 Content Standards

You agree not to submit photos that: (a) contain illegal content; (b) depict or promote violence, hatred, or discrimination; (c) contain sexually explicit material; (d) violate the intellectual property rights of others; (e) contain identifiable images of individuals without their consent; or (f) are fraudulent, misleading, or not genuinely captured during hunt participation.

7.3 Content Moderation

PhotoFun uses automated systems and may use human review to moderate submitted content. We reserve the right to remove any content and suspend accounts that violate these standards.

8. Intellectual Property

The App, including its design, features, content, and curated hunt data, is the property of PhotoFun and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App or its content without prior written consent.

9. Subscription and Payments

9.1 Free Tier

PhotoFun offers a free tier that includes up to 3 hunts per calendar month. Free tier users have access to all hunt types, AI photo verification, streaks, leaderboards, and the ability to join private events.

9.2 Premium Subscription

Premium features are available through a paid subscription. Subscription terms, pricing, and billing are managed through the Apple App Store or Google Play Store. Refunds are subject to the respective store's refund policies.

9.3 Subscription Plans and Pricing

PhotoFun Premium is available as a monthly subscription ($4.99/month) or annual subscription ($29.99/year). Prices are in US dollars and may vary by region. Subscriptions automatically renew at the end of each billing period unless canceled.

9.4 Payment Processing

All payments are processed by Stripe, Inc. By subscribing to PhotoFun Premium, you agree to Stripe's Terms of Service (https://stripe.com/legal) and acknowledge Stripe's Privacy Policy (https://stripe.com/privacy). PhotoFun does not store your full payment card details.

9.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support at legal@photofun.live. Upon cancellation, you retain access to premium features until the end of your current billing period. No partial refunds are issued for unused portions of a billing period.

9.6 Price Changes

We reserve the right to change subscription pricing with reasonable notice. Existing subscribers will be notified before any price change takes effect on their next billing cycle.

10. Disclaimers

10.1 "As Is" Basis

The App is provided on an "as is" and "as available" basis. PhotoFun makes no warranties, express or implied, regarding the App's reliability, accuracy, availability, fitness for a particular purpose, or non-infringement.

10.2 AI Verification

Photo verification is performed by automated AI systems and may not always be accurate. PhotoFun does not guarantee that every valid photo will be verified or that every invalid photo will be rejected.

10.3 Hunt Content

While hunts are curated with care, PhotoFun does not guarantee that all locations referenced in challenges are accessible, safe, or open to the public at any given time. Conditions change. Always verify local conditions before visiting a location.

10.4 Third-Party Services

The App relies on third-party services including Google Cloud, Firebase, and device operating systems. PhotoFun is not responsible for outages, errors, or limitations of third-party services.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall PhotoFun or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of (or inability to use) the App; (b) any conduct or content of any third party on the App; (c) any content obtained from the App; or (d) unauthorized access, use, or alteration of your content or transmissions, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Termination

We may terminate or suspend your account and access to the App at our sole discretion, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the App ceases immediately.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through the App or via email. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, contact us at:

Email: legal@photofun.live Address: 30318 Via Rivera, Rancho Palos Verdes, CA 90275