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Terms of Service

Last Updated: August 11, 2026 Effective Date: August 11, 2026

Please read these Terms of Service ("Terms") carefully before using the Camena mobile application ("Service"). By using the Service, you agree to be bound by these Terms.

Operator: Finback Digital Inc., a British Columbia corporation. Registered office: 400 – 931 Fort St, Victoria, BC V8V 3K3, Canada. In these Terms, "Camena," "we," "us," and "our" refer to Finback Digital Inc.

Contact: legal@camena.tours

1. Acceptance of Terms

By downloading, accessing, or using Camena, you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service.

You must be of the age of majority in your province or state of residence to accept these Terms on your own behalf and to make purchases through the Service. If you are at least 13 but under the age of majority, you may use the Service only if a parent or legal guardian who is of the age of majority accepts these Terms on your behalf; that parent or guardian remains responsible for your use of the Service and for any purchases made through your account. The Service is not directed to children. We do not knowingly permit use by, or collect personal information from, children under 13 (or the higher minimum age required in your jurisdiction).

2. Description of Service

Camena provides self-guided, GPS-triggered audio tours for walking, cycling, and driving. Tour narrations are generated with artificial intelligence and curated by our team. Tours include information about landmarks, history, and points of interest.

The Service includes:

• A catalog of city tours available for purchase or free download
• AI-generated audio narration that plays automatically based on your GPS location
• Offline audio playback for downloaded tours
• Tour progress tracking
• Push notifications (with your consent)

Service Changes

Camena's tour catalog changes over time. We may add, update, retire, or remove tours or features, or modify or discontinue the Service, at any time. Content you have already downloaded to your device is unaffected by catalog changes, but re-downloading a removed tour (including on a new device) may no longer be possible. If a tour you purchased is removed shortly after your purchase, contact us — the remedies in Section 6.3 apply.

3. Account Registration

To use certain features, you must create an account. You can register with an email address and password, or by signing in with Apple or Google. Third-party sign-in is subject to the provider's own terms, and you authorize us to receive from the provider the name and email address needed to create your account.

You agree to:

• Provide accurate and current information
• Maintain the security of your account credentials
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized access at legal@camena.tours

We reserve the right to suspend or terminate accounts that violate these Terms.

4. AI-Generated Content Disclaimer

Tour narrations are generated by artificial intelligence and may contain inaccuracies. While we review content for quality, we cannot guarantee the accuracy of all historical facts, dates, or descriptions. Camena should not be used as a primary reference source.

5. Location Accuracy, Safety, and Assumption of Risk

5.1 Location Accuracy

GPS coordinates are approximate. Audio triggers depend on GPS signal quality, which varies by device, environment, and weather.

5.2 Safety

Important safety notice:

Camena offers walking, cycling, and driving tours. The precautions below apply to the travel mode you use.

• Always follow local traffic laws and exercise caution when using tours while driving or cycling
• Set up your tour before you start moving, and leave your device alone until you have safely stopped — in many places, touching your phone while driving is an offence
• The Service is designed for hands-free operation — set up your tour before you start driving or cycling
• Camena is not a navigation system and should not be relied upon for directions or routing
• You are solely responsible for your safety while using the Service

Walking tours also require your full attention. If you take a tour on foot:

• Use your phone speaker where practical. If you use headphones, keep the volume low and choose an open-ear or single-ear setup. Your audio should never prevent you from hearing traffic or warning sounds.
• Stop somewhere safe before using your device or looking closely at a landmark

Cycling tours carry particular risks. If you take a tour by bike:

• Wear a helmet — helmets are legally required in British Columbia and many other jurisdictions
• Speaker audio is preferred. Headphone use while cycling is restricted in some jurisdictions; where local rules permit it, use a low-volume open-ear setup (including bone-conduction) or a single-ear setup. Your audio should never prevent you from hearing traffic or warning sounds.
• Dismount or pull over safely before touching your device — if you miss a stop, you can replay its narration from the tour map
• Ride within your ability, obey all traffic and trail rules, and treat narration as secondary to the road

Driving tours: play narration through your vehicle speakers, set up Bluetooth or a cable before driving, and do not wear headphones while driving.

5.3 Assumption of Risk

Camena is used outdoors, on real streets, and while you are moving. Some risk comes with that, and it is risk you choose to take.

By using the Service, you acknowledge and accept that:

• Walking, cycling, and driving carry inherent risks — traffic, weather, uneven or slippery ground, construction, other people, and your own fatigue or inattention among them. You accept those risks.
• GPS is approximate. Audio may start early, start late, start in the wrong place, or not start at all. You accept that the Service may be wrong about where you are.
• Camena is not a navigation system. It does not tell you where to go, what is safe, or what the traffic is doing. Do not follow narration as if it were a direction.
• You decide when it is safe to listen. Set up your tour before you start moving. Do not touch your device while operating a vehicle. Stop the tour if it competes for your attention.
• You are responsible for obeying the law where you are. In some places it is illegal to use a phone while driving at all — including, in British Columbia, for drivers holding a Class 7 or 7L licence, for whom the hands-free exception does not apply.

This Section does not release us from responsibility for our own negligence. It records the risks that are yours. Section 11.1 sets out what we do not limit.

6. Purchases and Payments

6.1 Pricing

Tour prices are displayed in the app before purchase. Some tours are free; paid tours are offered as non-consumable, one-time purchases at the price shown in the app. Your storefront may display a converted local price set by Apple or Google.

Prices may change with notice. New pricing applies to future purchases only.

6.2 Payment Processing

All purchases are processed through:

• Apple App Store (iOS) — subject to Apple's terms and conditions
• Google Play Store (Android) — subject to Google's terms and conditions

Camena does not collect or store your credit card or payment information.

6.3 Refunds

Refunds follow the respective store policies:

• Apple: Request a refund at https://reportaproblem.apple.com/
• Google: Manage via Google Play Store > Account > Purchase history

Camena does not process refunds directly. All refund requests must be submitted through Apple or Google.

Technical-issue support: Billing and refunds are controlled by Apple and Google, but if a tour fails to work as intended because of a technical problem, contact us at support@camena.tours within 60 days of purchase or 7 days of your first use of the tour, whichever is later, and we will help you resolve it — including assisting with your store refund request or, at our discretion, providing a courtesy credit or replacement tour. This does not limit any statutory consumer rights you may have.

6.4 Restore Purchases

You can restore previous purchases on a new device using the "Restore Purchases" option in the app. Purchases are tied to your Apple ID or Google Account.

7. Content Ownership

7.1 Camena Content

All tour content, including narrations, descriptions, audio recordings, tour routes, and waypoint information, is owned by Camena and protected by copyright and other intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works from tour content
• Record, share, or redistribute audio narrations
• Use tour content for commercial purposes without written permission
• Remove or alter any copyright notices

7.2 Feedback

Camena does not include public reviews or other user-published content at launch. If you voluntarily send us ideas, corrections, or other feedback, you grant Camena a non-exclusive, worldwide, royalty-free licence to use that feedback to improve the Service. This does not transfer ownership of your feedback to us.

7.3 Copyright Complaints

If you believe content in the Service infringes your copyright, email legal@camena.tours with: identification of the work, the location of the allegedly infringing content, your contact information, and a statement of your good-faith belief that the use is unauthorized. We honour Canada's notice-and-notice regime (Copyright Act, ss. 41.25–41.26).

8. Acceptable Use

Our Acceptable Use Policy is incorporated into these Terms by reference — it details the prohibited activities below and the enforcement actions we may take.

Camena is for personal, non-commercial use. You agree NOT to:

• Share your account credentials with others
• Attempt to bypass, circumvent, or reverse-engineer purchase mechanisms
• Use the Service for any unlawful purpose
• Reverse engineer, decompile, or modify the app
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Impersonate another person or entity
• Attempt to introduce malicious code or interfere with another person's use of the Service

9. Termination

9.1 By You

You may stop using the Service and delete your account at any time through in-app settings.

9.2 By Us

We may suspend or terminate your access immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Service or other users

9.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases
• Your ability to download new content, or to re-download previously purchased content (including on a new device), ends; content already downloaded to your device before termination is not remotely revoked
• Your account data will be deleted in accordance with our Privacy Policy

Sections 7 (Content Ownership), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Responsibility for Unlawful Use), 13 (Dispute Resolution), and 15 (General Provisions) survive termination.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy of tour content, historical information, or narration
• Uninterrupted or error-free operation
• GPS accuracy or reliability of location-based triggers
• Compatibility with all devices or operating systems

Nothing in this Section limits or excludes anything described in Section 11.1, or any warranty or condition that applicable law does not allow us to disclaim.

11. Limitation of Liability

11.1 What we never limit

Nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence, or by the negligence of our employees, contractors, or agents
• Fraud or fraudulent misrepresentation
• Gross negligence or wilful misconduct
• Any other liability that cannot lawfully be limited or excluded, including under the Business Practices and Consumer Protection Act (British Columbia) or the consumer protection law of your place of residence

Nothing in these Terms requires you to give up any right, benefit, or protection that consumer protection law does not allow you to give up. If any part of Sections 11 or 12 would have that effect, that part does not apply to you, and the rest of these Terms continues to apply.

11.2 What we do limit

Subject always to Section 11.1, and to the maximum extent permitted by applicable law, Camena and its operators are not liable for:

• Indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, business, data, goodwill, or anticipated savings
• Loss or damage arising from inaccurate tour content, historical error, or GPS error
• Loss or damage arising from interruption, delay, or unavailability of the Service
• Property damage, except where it is caused by our negligence

This applies whether the claim is in contract, tort (including negligence), statute, or otherwise, and whether or not we were advised that such loss was possible.

11.3 Cap on the liability that remains

Subject always to Section 11.1, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE GREATEST OF (A) THE AMOUNT YOU PAID TO CAMENA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, (B) TEN TIMES THE PRICE YOU PAID FOR THE TOUR GIVING RISE TO THE CLAIM, AND (C) $100 CAD.

This cap does not apply to any liability described in Section 11.1.

11.4 Your part

Nothing in this Section makes us responsible for your own choices. You remain responsible for operating your vehicle or bicycle safely, for obeying traffic law wherever you are — including the Motor Vehicle Act (British Columbia), Part 3.1, which restricts the use of electronic devices while driving — and for deciding when it is safe to listen. Where an injury or loss results partly from your own conduct, responsibility is shared as applicable law provides.

11.5 Motor vehicle claims

Nothing in these Terms affects any rights or benefits you may have under a compulsory or no-fault automobile insurance scheme, or limits any claim that such a scheme governs. In British Columbia, claims for bodily injury arising out of a motor vehicle accident are governed by the Insurance (Vehicle) Act, and these Terms do not change that.

12. Responsibility for Unlawful Use

12.1 What you are responsible for

If someone brings a claim against us because of something you did, you agree to cover our reasonable losses and legal costs — but only to the extent the claim arises from your use of the Service for an unlawful purpose.

12.2 What you are never responsible for

You owe us nothing under this Section for any claim, to the extent it arises from:

• Our negligence, gross negligence, or wilful misconduct
• Our breach of these Terms or of applicable law
• The design, content, or operation of the Service itself — including waypoint placement, trigger timing and radius, route selection, and the text or audio of any narration
• Any liability described in Section 11.1

This Section never applies to a claim for death or personal injury, however it is caused. It never applies to anything the consumer protection law of your place of residence does not permit a consumer to take on, and nothing in it asks you to give up a right, benefit, or protection under the Business Practices and Consumer Protection Act (British Columbia) or equivalent law where you live — any such waiver is void.

12.3 The most this can cost you

Your total obligation under this Section is the greater of the amount you paid to Camena in the 12 months before the claim and $500 CAD, except where the claim arises from your own fraud or wilful misconduct.

If we ever rely on this Section, we will tell you promptly and in writing, and we will not settle in a way that admits fault on your part or imposes an obligation on you without your consent (not to be unreasonably withheld).

This Section is about third-party claims only. It does not limit, and is not limited by, any claim we may bring against you directly under Section 7 (Content Ownership) or Section 8 (Acceptable Use).

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles.

13.2 Informal Resolution First

Before starting an arbitration or court proceeding, you agree to first contact us at legal@camena.tours and attempt in good faith to resolve the dispute informally for a period of at least 30 days.

13.3 Binding Arbitration

Except for the claims described in Section 13.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under Section 13.2 shall be finally and exclusively resolved by binding arbitration rather than in court.

• The arbitration will be administered by the ADR Institute of Canada (ADRIC) under its Arbitration Rules then in effect.
• The seat (legal place) of arbitration is Vancouver, British Columbia, Canada, and the Arbitration Act (SBC 2020, c. 2) applies.
• The arbitration will be conducted before a single arbitrator, in English, and may proceed by written submissions, telephone, or videoconference where appropriate.
• Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

13.4 Class Action Waiver

You and Camena agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

13.5 Exceptions (Carve-Outs)

Notwithstanding Section 13.3, either party may:

• bring an individual claim in a small-claims tribunal or court (including the British Columbia Civil Resolution Tribunal or Provincial Court Small Claims) if the claim qualifies and remains in that forum; and
• seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement or misuse of intellectual property or unauthorized access to the Service.

13.6 30-Day Right to Opt Out

You may opt out of the arbitration agreement (Section 13.3) and the class-action waiver (Section 13.4) by emailing legal@camena.tours within 30 days of first accepting these Terms, stating your name and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the courts of British Columbia (Section 13.7). Opting out has no effect on any other part of these Terms.

13.7 Court Proceedings; Severability of This Section

If the arbitration agreement or the class-action waiver is held unenforceable as to a particular claim, or in your jurisdiction (including where mandatory consumer-protection law requires court access), that claim will be brought exclusively in the courts of British Columbia, Canada, and you consent to the personal jurisdiction of those courts. The remaining provisions of this Section 13 stay in effect.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Updating the "Last Updated" date
• Displaying an in-app notice

Continued use of the Service after changes constitutes acceptance of the updated Terms — except that material changes to Section 5.3 (Assumption of Risk), Section 11 (Limitation of Liability), or Section 12 (Responsibility for Unlawful Use) take effect for you only after you accept them in the app.

15. General Provisions

• Entire Agreement: These Terms, the Acceptable Use Policy, and the Privacy Policy constitute the entire agreement between you and Camena regarding the Service.
• Severability: If any provision is found unenforceable, it will be narrowed or read down to the minimum extent necessary to make it enforceable, and the remaining provisions stay in effect.
• Waiver: Failure to enforce a right does not constitute a waiver of that right.
• Assignment: You may not assign or transfer these Terms. We may assign our rights and obligations freely.
• No Agency: Nothing in these Terms creates an agency, partnership, or joint venture between you and us.
• Force Majeure: We are not liable for failures due to events beyond our reasonable control.
• Notices: Legal notices to us must be sent in writing to legal@camena.tours. We may give you notice via the email address on your account or by in-app notice; notice is effective when sent or displayed.
• Feedback: Ideas or suggestions you send us are voluntary; we may use them without restriction, compensation, or attribution obligation.
• Language: These Terms are drafted in English. Any translation is provided for convenience only; the English version governs in case of conflict.

16. Contact

For questions about these Terms:

• Email: legal@camena.tours

For privacy inquiries:

• Email: privacy@camena.tours
• See our Privacy Policy for details

These Terms of Service are provided by Finback Digital Inc., a British Columbia corporation and the operator of Camena.