Terms & conditions

These terms are an agreement between you and Small Works Lab, LLC, a Delaware limited liability company with its principal place of business at 2810 N Church St STE 89444, Wilmington, DE 19802 (“Wayside”, “we”, “us”). They govern the Wayside mobile app, the wayside.tours website, and everything we provide through them (together, the “Service”). By using the Service you agree to these terms; if you don’t agree, don’t use it. Our privacy policy explains how we handle your data. The app binary installed on your device is licensed to you separately under Apple’s standard Licensed Application End User License Agreement (iOS) or the Google Play Terms of Service (Android); these terms govern the Wayside service itself.

1. Who can use Wayside

You must be at least 13 years old (or older where your local law requires a higher age to consent to data processing: 15 in France, 14 in Quebec, up to 16 in some EEA countries; below that age a parent or guardian must agree to these terms for you). You must also be legally capable of entering this agreement. Wayside is for your personal, non-commercial use.

2. The Service

Wayside provides self-guided audio walking tours: narrated routes with stops, playing hands-free as you walk, with a map showing where you are and which way the next stop is. Tours are available for a growing set of cities; availability varies by place and may change.

Tour content may be inaccurate. It can occasionally be out of date, imprecise, or wrong: a monument may be attributed to the wrong century, a viewpoint may be behind scaffolding, a street may be closed. Treat tours as storytelling and orientation, not as authoritative facts or professional advice, and verify anything you plan to rely on (opening hours, tickets, safety conditions).

Wayside is guidance, not navigation. The map shows a straight-line direction to the next stop, not turn-by-turn routing. It does not know about traffic, crossings, closures, construction, private property, or hazards.

3. Your account

The app signs you in automatically with an anonymous account tied to your device; there is no username or password. Two consequences matter:

• Your library lives with that anonymous account. If you uninstall the app or reset your device, the account cannot be recovered and your saved tours, history, and preferences are lost. Purchases are separate: they attach to your Apple or Google account and can be restored (section 4).
• You can delete the account and everything in it at any time, in the app (You tab → Delete account & data) or as described on the account & data deletion page.

You are responsible for what happens through your device’s use of the app.

4. Passes, membership, and billing

Your first full tour is free. After that, tours unlock with Wayside+, sold as time-based passes and memberships:

• Day and week passes: one-off purchases valid for 24 hours or 7 days from purchase. They do not renew automatically. They are not refunded for unused time.
• Monthly and yearly memberships: auto-renewing subscriptions. They renew automatically at the end of each period, at the then-current price, until you cancel. Cancel any time; access continues to the end of the paid period. Cancelling stops future charges but doesn’t refund the current period, except where the law or the store’s policy says otherwise.

Apple and Google are the merchants. All purchases are made through the App Store or Google Play at the price shown to you in your local currency before you confirm. Billing, renewal, cancellation, and refunds are handled by the store you bought through, under its terms:

• Cancel: App Store → Settings → your name → Subscriptions, or Google Play → Payments & subscriptions. Deleting the app or your Wayside account does not cancel a subscription.
• Refunds: request them from Apple (support.apple.com) or Google (support.google.com). We cannot issue refunds for store purchases ourselves.
• Restore: reinstalling or switching devices? Use “Restore purchases” in the app; your entitlement follows your store account.

EU, UK, and French consumers: right of withdrawal. You normally have 14 days to withdraw from a distance purchase of digital content. Because purchases run through Apple and Google, that right is exercised with them: Apple currently allows EU customers to withdraw from App Store purchases within 14 days; Google Play provides equivalent refund routes. Where the store asks for your express consent to immediate delivery (and your acknowledgment that you lose the withdrawal right once the content is delivered), that consent is collected in the store’s purchase flow.

Price changes. We can change prices for future purchases at any time. For auto-renewing memberships, a price change applies only to renewals after you’ve been notified through the store’s mechanism, and you can cancel before it takes effect. Promotional pricing (for example a discounted first year) applies for the stated period only, then renews at the standard price disclosed at purchase.

5. Walking safely: your responsibility

Wayside narrates real streets while you walk them. You are always responsible for your own safety and the safety of those with you.

• Watch traffic and your surroundings; don’t look at your phone while crossing or walking in traffic.
• Routes are not vetted on the ground. A suggested path may be closed, unlit, steep, flooded, private, or otherwise unsuitable. If a route looks unsafe or unlawful to follow, don’t follow it.
• Obey local laws, signs, and restrictions. You, not Wayside, decide where you actually walk.
• Assess your own fitness and the weather. Audio guidance is not a substitute for attention, maps, or common sense.

To the extent permitted by the law of your country, you assume the risks inherent in walking through public spaces while using an audio guide. Nothing in this section excludes our liability where the law does not allow it (section 10).

6. Acceptable use

Don’t misuse the Service. In particular, don’t:

• copy, scrape, extract, or redistribute tours, audio, scripts, or imagery, or use them to build or train a competing product or an AI model;
• resell, rent, or commercially exploit the Service or its content (commercial licensing is possible: ask us);
• reverse-engineer, decompile, or bypass technical or purchase protections, except where the law grants you that right regardless of this term;
• interfere with our servers or other users, probe for vulnerabilities without our permission, or use the Service for anything unlawful;
• misrepresent shared links as official Wayside communications.

We may suspend or terminate access for serious or repeated breaches (section 12).

7. Content and intellectual property

The Service and its content (tours, scripts, narration audio, imagery, maps rendering, software, design, and the Wayside name and marks) are owned by Wayside or licensed to us, and are protected by intellectual-property law. We grant you a personal, non-exclusive, non-transferable, revocable licence to stream and use the content within the app for your own non-commercial use while these terms are in force. No ownership passes to you. Open-data and open-source components we ship are credited in the app (You tab → Open source) and licensed under their own terms.

Personalized tours you generate remain part of the Service’s content; the personalization inputs you provide (interests, preferences) are yours, and you grant us the licence needed to generate and store your tour for you.

Feedback you send us (ideas, suggestions, bug reports) may be used by us without restriction or compensation; we appreciate it, and it doesn’t include your personal data beyond what the privacy policy covers.

8. Sharing and third-party services

Catalog tours can be shared through links (links.wayside.tours). Shared links open the tour for the recipient; what the recipient can access depends on their own free tour and membership status.

The Service interacts with services we don’t control: Apple and Google (billing, maps, notifications), your device’s maps app if you choose “Open in Maps”, and the third-party services listed in the privacy policy. Their terms govern your use of them, and we are not responsible for them. These terms are an agreement between you and Wayside only: Apple and Google are not parties to them, are not responsible for the Service or its content, and owe you no maintenance or support for the app.

9. Legal guarantees for consumers

If you are a consumer in the EU or France, you benefit from the legal guarantee of conformity for digital content and services (French Consumer Code, Arts. L224-25-1 ff., transposing Directive (EU) 2019/770): we must supply digital content that conforms to its description and keep it conforming, with remedies (bringing into conformity, price reduction, or termination) if it doesn’t. If you are a UK consumer, the Consumer Rights Act 2015 gives you rights where digital content is faulty, including repair, replacement, or a price reduction. These guarantees exist regardless of anything else in these terms, and section 10 does not limit them.

10. Disclaimers and liability

Except for the guarantees in section 9 and any others the law implies and doesn’t allow us to exclude, the Service is provided “as is” and “as available”: we don’t promise it will be uninterrupted, error-free, or that tour content will be accurate, complete, or current (see section 2).

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any liability that cannot be excluded or limited under the law of your country of residence. Consumer statutory rights remain untouched.

Subject to that paragraph, we are not liable for: losses caused by your failure to follow section 5 (safety); events outside our reasonable control; indirect or consequential losses, or loss of profit, that were not foreseeable when you accepted these terms; or losses arising from business use, since the Service is for personal use. Where the law allows liability to be capped, our total liability to you across all claims is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or €50.

If you use the Service in breach of these terms and that breach causes a third party to bring a claim against us, you will compensate us for the losses that directly result, to the extent your national law permits such a clause against consumers.

11. Changes to the Service and to these terms

We keep improving the Service and may add, change, or remove features. We may also update these terms, for good reasons such as changes in law, in the Service, or in how we’re required to operate. When changes are material we will notify you in the app with reasonable advance notice, and you can decline by stopping use and cancelling any membership before the change takes effect; continuing to use the Service after the effective date means you accept the updated terms. The date at the top always reflects the current version.

12. Termination

You can stop using Wayside at any time and delete your account in the app. We can suspend or terminate your access, with notice and reasons unless the breach is serious or the law prevents notice, if you materially breach these terms. Termination doesn’t affect purchases already billed by the stores (their refund policies apply) or any provisions that by nature survive (sections 7, 9, 10, 13, 14).

13. Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. If you are a consumer in the EU, the UK, France, Canada, or elsewhere outside the United States, you also keep the protection of the mandatory rules of the country where you live, and you may bring proceedings in your home courts; nothing in this section, including the arbitration agreement below, limits that.

Talk to us first: most issues are resolved fastest at hello@wayside.tours, and we ask you to contact us before starting any formal proceeding so we can try to resolve it informally.

Arbitration and class-action waiver (United States residents only). This part applies only if you are a resident of the United States; it does not apply to consumers in the EU, the UK, France, Canada, or any other country, who keep the court rights described above.

• Binding individual arbitration. You and Wayside agree that any dispute arising out of or relating to these terms or the Service is resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Judgment on the award may be entered in any court with jurisdiction.
• Class-action and jury waiver. Arbitration is conducted only on an individual basis, not in a class, consolidated, or representative action, and you and Wayside each waive any right to a jury trial.
• Exceptions. Either of us may still bring a qualifying claim in small-claims court, and either of us may ask a court for injunctive relief to protect intellectual property or stop unauthorized use of the Service.
• 30-day opt-out. You can opt out of this arbitration agreement within 30 days of the date you first accept these terms by emailing hello@wayside.tours. Opting out does not affect the rest of these terms.
• If arbitration does not apply. If you opt out or the arbitration agreement does not apply, the state and federal courts located in Delaware have jurisdiction over disputes with United States residents.

For consumers outside the United States, either of us may bring an individual claim in the competent courts; where you live determines which consumer courts are available to you.

14. General

If part of these terms turns out to be invalid, the rest stays in force. If we don’t enforce a term, we aren’t waiving it. You may not transfer this agreement; we may transfer it as part of a reorganisation or sale, provided your rights aren’t reduced. These terms (with the privacy policy, and the app stores’ standard licence for the app binary) are the entire agreement between us about the Service.

15. Contact

Small Works Lab, LLC, 2810 N Church St STE 89444, Wilmington, DE 19802, United States · hello@wayside.tours. Trader contact details are also published on our App Store and Google Play pages in the EU, as required by the Digital Services Act.