Last updated: October 22, 2023

Please read these terms and conditions carefully before using Our Service. These Terms of Use apply to any use of OpenTour's services. Please read these Terms of Use carefully, as they contain important information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using OpenTour's services, you are indicating that you have read these Terms of Use and agree to be bound by them. If you do not agree with all of these Terms of Use, you are not permitted to access or use the services.

1. General

OpenTour offers its users (hereinafter “the Users”) podcasting and on-demand listening services in geolocated streaming, making it possible to discover touristic heritage of a city. In addition, OpenTour offers different types of activities to its users: cruise, tour bus, food, etc. (hereinafter “the Services”).

The Services are either free or not, available on the website www.opentour.store (hereinafter “the Site”) as well as on the OpenTour mobile application downloadable from Google Play and the Apple’s App Store (hereinafter “The Application”). They are jointly designated below by the “OpenTour Services” or “the Services”.

The use of the Services is strictly subject to the prior acceptance, without restriction and without reservation, of these terms of sale and use of the Services (hereinafter “the General Conditions”).

These Terms of Use set the conditions for access and use to the OpenTour Services and govern the contractual relationship between the User and OpenTour.

OpenTour reserves the right to unilaterally modify, at its sole discretion and at any time, all or part of these General Conditions. It will inform its Users of this via the Site or the Application.

For any information or question concerning OpenTour and its services, the User can contact OpenTour by sending an email to the following address: info@opentour.store

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2. Definitions

For the purposes of these Terms and Conditions:

Account: space dedicated to a User and allowing him, using a combination of email and password, to log in and access the Services.

User: person using the Services.

Content: all the audio, visual, audiovisual, textual, graphic, photographic, etc. elements sent, transmitted, disseminated, published by OpenTour or its partners, via the Site or the Application, in any form whatsoever, and in particular, in podcast format, text, image, video, audio.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Italy

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to OpenTour company.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website and Mobile App.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to OpenTour website, accessible from opentour.store and mobile app application.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Conditions of access and use of the Services

Access to the OpenTour Services is only possible from a personal computer equipped with at least internet navigation software, by connecting to the Site, or from a compatible mobile device, after downloading and prior installation of the Application. IOS 12 and Android 9.0 versions and above are recommended for the operation of the Application.

Access to OpenTour Services requires an Internet connection and a mobile Internet connection where applicable. It is specified that these connections are not supported by OpenTour and it is therefore the responsibility of the User to subscribe beforehand to an Internet and / or mobile Internet offer in order to be able to use the OpenTour Services. A 4G standard mobile Internet connection is highly recommended.

Access to OpenTour Services requires prior registration by creating an Account.

Registration is free and may give rise, under the conditions specified by the Application, to free Content. The User is informed that certain functionalities are chargeable.

Registration is reserved for natural persons over 12 years old and capable. It is strictly personal and a User can only have one Account.

The User is prohibited from using the Services for commercial, advertising or political purposes.

To register, the User must create an Account by clicking on one of the tabs reserved for this purpose (“Registration by email”, “Sign in with Facebook” or “Sign in with Apple”)) and by formally accepting these General Conditions.

Facebook and Apple registration is intended to simplify the registration process. This is a non-mandatory option. This use is likely to result in the collection of your personal data by the social network concerned.

We invite you to be vigilant and consult the personal data protection policies of the social network in order to be aware of the information it collects as well as the purposes for using your data, in particular for advertising purposes. Similarly, in the event of registration with their Facebook account, the User accepts that OpenTour can receive public information from their profile (ID, last name, first name, email address, country and profile photo),

The User guarantees the veracity of the information he communicates when creating his Account and undertakes to update this information, if it changes during the period of his registration. OpenTour cannot be held responsible for failures in the Services which are linked to erroneous information communicated by the User.

In the event of disconnection, the User accesses their account by entering their email address and password in the “Already registered?” Tab. To log in “.

The User is solely responsible for preserving the confidentiality of their password and for all acts involving the use of their username and password. In the event of the loss or theft of their password or, more broadly, a security breach, the User must immediately contact OpenTour at the address: support@opentour.store. In any case, the User is solely responsible for the consequences of the use of his account, until the deactivation of it. The User releases OpenTour and its partners, contracting parties or assigns of any responsibility in this regard.

4. Description of OpenTour Services

The OpenTour Services are services allowing, by means of the creation of an Account, to access Content (in particular podcasts: digital audio audio texts) presenting tourist, historical or unusual places.

These podcasts can be accessible through themed tourist tours using real-time technologies from the User (“guided tours”).

The guided tours last between 45 minutes and 1 hour 30 minutes. The User can follow the route of the guided tour chosen on the screen of their mobile device and benefit from audio automation depending on their position geographical.

When the User is roaming, guided tours are indicated, when the Application is activated, by a notification according to the geolocation of the User using his mobile device and provided that notifications have been authorized in the settings of the mobile device used. Otherwise, they can be selected manually. The User can also choose to be driven via the Application to the starting point of the guided tour using the GPS of his mobile device.

Most of the functionality of the Application requires the use of geolocation and precise tracking of the User, for example using GPS or other signals from the mobile device on which the Application is activated. These functionalities cannot be provided without activation of these geolocation technologies (see the privacy policy).

The OpenTour Services are in principle accessible 24 hours a day, seven days a week, within the limits of the abovementioned conditions of access and use and the stipulations of article 8 Liability below.

However, OpenTour reserves the right, without notice or compensation, to temporarily suspend access to the Services:

For the purpose of making any modifications, adaptations and improvements to the Services, in particular related to technical developments as well as modifications or additions to the functionality of the Services, in the graphic interface or design of the Site or Application. OpenTour undertakes that this does not result in any deterioration in quality or substantial modification of the functionality of the Services. For the purpose of ensuring maintenance operations. The User releases OpenTour from any responsibility in this regard and waives any claim and / or procedure against it as a result.

5. Pricing conditions – Absence of right of withdrawal

5.1 Absence of right of withdrawal

The right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a material medium whose execution has started after express prior agreement of the consumer and express waiver of his right of withdrawal.

5.2 Purchases – Duration

Users can access the Services by unit purchases. Purchases are made from the Application or the Site.

Unit purchases of guided tours allow the User to carry out each guided tour twice as long as he has an Account on the Application and the Site.

5.3 Price

The prices for access to OpenTour Services are indicated on the Application in euros and all taxes included.

OpenTour reserves the right to modify the price of each of the formulas, the price applicable to the User being that in force on the day of its unit purchase.

The purchase price is paid in advance.

5.4 Payment Processing and Stripe

By using our payment processing services, you agree to be bound by the following terms and conditions:

1. Stripe's Terms of Service: Payments made through our platform are processed by Stripe. Please review Stripe's [Terms of Service](https://stripe.com/us/terms) for information on their terms and conditions.

2. Stripe's Privacy Policy: Stripe's handling of personal data is governed by their [Privacy Policy](https://stripe.com/us/privacy).

Please read and understand these documents before making payments through our platform. By using our services, you agree to comply with these terms and policies.

6. Declaration of capacity

The User declares to have the legal capacity allowing him to validly accept these General Conditions, that is to say to have a legal majority and not to be the subject of a legal protection measure for adults or, if the User is minor, hold a parental authorization allowing him to make a valid commitment under these terms.

7. Territory

Access to OpenTour Services is open to anyone.

8. Liability

OpenTour undertakes with the User to provide the OpenTour Services in diligent professional, within the framework of an obligation of means.

The functioning of the Application, the Site and the Services are notably based on technologies developed and exploited by third parties for which OpenTour has no means of intervention. Thus, OpenTour can in no way be held responsible for any malfunctions in access to the OpenTour Services or for the temporary or permanent inaccessibility of the OpenTour Services, which would be linked to technical hazards (unavailability of the GPS signal, actual conditions different from the results on the map and content, unavailability of the host or geolocation providers, maintenance operation, etc.).

OpenTour cannot be held responsible for third-party applications or third-party content offered by a third party on or through the OpenTour Services or for advertisements appearing when using the Services.

It is the User’s responsibility to protect their equipment against any form of intrusion and / or contamination by malicious or harmful programs. OpenTour can in no way be held liable for damage that may occur in such cases. OpenTour can not generally be held responsible for any malfunction or any deterioration of the User’s equipment related to the use of the Services.

The User declares that he has had access to information relating to the functionality of the Services and the equipment required for their use. This information may again be communicated to the User upon request from him to info@opentour.store. OpenTour cannot be held responsible in the event that the Services prove to be incompatible with certain User equipment or their functionality.

OpenTour disclaims all responsibility if a breach of any of its obligations was the result of a case of force majeure as defined by Italy law and jurisprudence, including, but not limited to, in the event of disasters, fires, internal or external strikes, internal or external failures or breakdowns.

The User is also solely responsible for the adequacy of the Services to his needs. Finally, the User is solely responsible for the use he makes of the OpenTour Services and cannot hold OpenTour responsible for any complaint and / or procedure against him due to the use of the Services. The User is responsible for his progress according to the indications of the Application and for its consequences in all circumstances with regard to third parties and with regard to himself. In particular, the User acknowledges that the use of the Services does not exempt him from scrupulous compliance with road legislation and undertakes to act and move forward with discernment and precautions.

The User undertakes to make his personal business of any complaint, claim, or opposition and more generally of any procedure brought against OpenTour emanating from a third party which is linked to his use of the OpenTour Service.

9. Intellectual property

The Site and the Application as well as all their content (brands, photographs, texts, illustrations, videos, graphics, software etc.) belong to OpenTour and / or its partners who are the sole owners. All these elements are protected under intellectual property rights and in particular copyright. Any reproduction, representation, use or adaptation, in any form whatsoever, partial or total, of all or part of these elements, without the prior authorization of OpenTour is strictly prohibited. OpenTour grants to Users, on a non-exclusive basis, the right to use the Site and the Application and their content to the extent necessary for the use of the Services.

10. Invalidity of a clause

In the event that one of the provisions of these Terms of Use is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change.

11. Applicable law and litigation

These Terms of Use are subject to Italian law.

In the event of a dispute, the parties will seek an amicable solution before any legal action. If these attempts fail, all disputes related to the validity, interpretation and / or execution of these Terms of Use must be brought before the competent courts under the conditions of ordinary law.

The User is further informed that he may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of settling disputes (conciliation, for example) in the event of a dispute.

12. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

13. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

14. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

15. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

16. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

17. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

18. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, 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 prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

19. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: legal@opentour.store