Terms of Service

These Terms form a binding agreement between you and History Cake, Inc. You must be at least 13 years old to create an account, and legally able to form a contract to make purchases.

History Cake delivers location-triggered audio stories, images, and related content through our website and mobile app. Some content is free; some requires a one-time purchase.

• Provide accurate information when creating an account.
• You are responsible for activity under your account. Keep your sign-in method secure.
• We may suspend or terminate accounts for violations of these Terms.

Tours may be purchased for a one-time fee. Once purchased, a tour is available to your account indefinitely, subject to the continued operation of the service.

• Web payments are processed by Stripe. App-store purchases (if offered) are processed by Apple or Google under their terms.
• Prices are displayed at checkout. Applicable taxes may be added.
• Refunds are handled under our Refund Policy.
• For app-store purchases, refunds are handled by the store under its policies.

Some content on History Cake is created by third-party creators. Creators represent that they have the rights to publish their content and grant us the licenses we need to host and deliver it. If creator content infringes your rights, see our Copyright (DMCA) Policy.

See our full Acceptable Use Policy. At a minimum, you agree not to:

• Redistribute, resell, or publicly perform purchased content outside the app.
• Scrape, reverse-engineer, or use automated means to access the service.
• Attempt to bypass access controls, including audio previews.
• Upload unlawful, harassing, or infringing content.

The History Cake name, logo, software, and all compiled content are owned by History Cake or our licensors. Underlying historical facts are of course not owned by anyone; the editorial, audio, imagery, and curation are. You receive a limited, non-transferable, non-exclusive license to use purchased content inside the app for personal, non-commercial purposes.

Do not operate the app while driving. Use hands-free controls (CarPlay, Android Auto, Bluetooth, steering-wheel buttons). Pull over to interact with the screen. You are responsible for your own safety and compliance with local traffic laws.

The service is provided "as is" and "as available." We disclaim, to the maximum extent permitted by law, all warranties including merchantability, fitness for a particular purpose, and non-infringement. Historical content is provided for interest and entertainment and may contain errors or omissions.

To the maximum extent permitted by law, History Cake will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues. Our total liability for any claim relating to the service is limited to the greater of the amount you paid us in the 12 months before the claim or USD $50.

You agree to defend and indemnify History Cake from claims arising out of your breach of these Terms, your misuse of the service, or content you submit to us.

You may close your account at any time from in-app settings. We may suspend or terminate your access for material breach of these Terms. Sections that by nature should survive termination (IP, disclaimers, liability, indemnity, governing law) will continue to apply.

[TODO: product] Specify governing state/country and whether disputes will be resolved by binding arbitration (and any class waiver), or in courts. Until finalised, disputes are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles.

We may update these Terms from time to time. If changes are material, we will notify you in the app or by email. Continued use after the effective date constitutes acceptance.

Questions about these Terms: [email protected].