Terms of Service
Please read these Terms carefully. They include an arbitration agreement and class-action waiver (Section 17) that affects how disputes are resolved, with a 30-day right to opt out. They also limit our liability (Sections 14–15). If you are under 18, a parent or legal guardian must review and agree to these Terms with you.
1. Who we are and agreement to these Terms
CrowdSense (the “Service”) is operated by Elias Caban, an individual (sole proprietor) (“CrowdSense,” “we,” “us”). These Terms of Service (“Terms”) are a binding agreement between you and us. By creating an account, checking the agreement box, or using the Service, you agree to these Terms, our Privacy Policy, our Subscription & Refund Policy and our Safety & AI Disclaimer, which are part of these Terms. If you do not agree, do not use the Service.
2. Eligibility and parental consent
- You must be at least 15 years old to use the Service. We do not knowingly allow anyone younger. If we learn an account belongs to someone under 15, we will delete it and its data.
- If you are under 18 (or under the age of majority where you live), you may use the Service only with the permission of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use of the Service, including any purchases.
- In some countries, the law requires parental consent for people under 16 to use online services that process personal data. If that applies to you, you confirm your parent or guardian has consented.
- You must provide accurate information, including your date of birth. Giving false age information is a breach of these Terms and may result in termination.
- You may not use the Service if you are barred from doing so under applicable law, or if we previously terminated your account.
3. What the Service does
The Service helps you discover events, venues and places near you. Much of the content, including Today's Events, Scene Finder results and the Bulletin, is generated automatically by artificial intelligence from publicly available information on the internet. We do not organize, host, sponsor, verify, inspect or endorse any event, venue, business or person shown in the Service, and we are not affiliated with them unless we say so explicitly.
4. AI-generated content: no guarantee of accuracy
- AI-generated information may be inaccurate, incomplete, outdated or entirely wrong, including dates, times, prices, locations, age restrictions, crowd sizes, safety conditions and whether an event exists at all.
- Crowd levels and attendance numbers are rough estimates, not measurements.
- You are responsible for independently verifying information (for example with the venue or the linked source) before relying on it, traveling anywhere or spending money.
- Nothing in the Service is professional, legal, medical, financial or safety advice.
5. Your safety and assumption of risk
Attending events and visiting places involves inherent risks, including risk of injury, illness, crowds, theft, property damage, alcohol-related harm and encounters with other people. You decide where to go and what to do, and you voluntarily assume all risks of attending any event or visiting any place you learn about through the Service. Follow all laws, venue rules and age limits (including drinking-age laws). The Service is not an emergency service: in an emergency, call 911 or your local emergency number. See our Safety & AI Disclaimer.
6. Your account
- You are responsible for your account and for all activity under it. Keep access to your email and sign-in method secure and tell us promptly about any unauthorized use.
- One person per account. You may not sell, transfer or share your account.
- You can delete your account at any time in Profile. Deletion is permanent; see the Privacy Policy.
7. Location
The Service uses your device's location, with your permission, to show things near you. We store only a general area (a zone about 7 km wide), not your exact position, as described in the Privacy Policy. Location-based results depend on your device and may be inaccurate. You can turn off location at any time in your device settings, but parts of the Service will not work without it.
8. Acceptable use
You agree not to, and not to help anyone else to:
- break any law or regulation, or use the Service to plan, promote or facilitate illegal, dangerous or harmful activity, including underage drinking;
- harass, stalk, threaten, track or harm anyone, or use the Service to locate or monitor a specific person;
- submit content that is unlawful, hateful, sexually explicit, violent, defamatory, infringing or that exploits minors;
- attempt to manipulate, “jailbreak” or misuse the AI features, including trying to make them produce harmful or illegal content, or to reveal system instructions;
- scrape, crawl, copy, resell or commercially exploit the Service or its content, or use it to build a competing product or train AI models;
- use bots or automated means to access the Service, falsify your location, create multiple accounts, or evade usage limits, payments or bans;
- probe, scan or test the vulnerability of the Service, interfere with its operation, or reverse engineer it except where law expressly permits;
- impersonate anyone or misrepresent your age or affiliation.
We may investigate violations and remove content, limit features, suspend or terminate accounts, and cooperate with law enforcement, at our discretion and without liability to you.
9. Your content and search queries
You keep ownership of what you type into the Service (for example, Scene Finder questions). You grant us a worldwide, non-exclusive, royalty-free license to use, store, process and transmit that content, including sending it to our AI and infrastructure providers, to operate, secure and improve the Service. Do not enter sensitive personal information (such as health details or other people's personal data) into search.
9A. Friends, plans, check-ins and community features
- You can connect with friends only through personal invite links. Users aged 15–17 can connect only with other users aged 15–17, and adults only with adults. Only share your invite link with people you know.
- Friends can see your first name and events you mark “I'm going”. Don't mark plans you don't want friends to see, and never use these features to track, follow or harass anyone.
- Crowd check-ins must be honest. Others see only a combined level, and it is an estimate, not a guarantee.
9B. Events you submit (organizers)
- You may submit only real events you have the right to promote, with accurate details. You are responsible for your event, including permits, safety, age limits and compliance with the law.
- We review submissions and may reject, edit for clarity, or remove any submission at any time, for any reason.
- You grant us a worldwide, royalty-free license to display, share and promote your submission in the Service.
- Sponsored content: we may accept payment or other benefits to feature an event. Featured events are always clearly labeled “Sponsored.” We don't endorse sponsored events.
9C. Notifications
If you turn on notifications, we may send about one alert a day about what's happening near you. You can turn them off at any time in Profile or in your device settings.
10. Pro subscriptions, payments and codes
- Pro is a paid subscription ($4.99/month or $44.99/year, plus any applicable taxes) that renews automatically until you cancel. Payments are processed by Stripe; we never receive your full card number. Full details, including cancellation and refunds, are in our Subscription & Refund Policy.
- Pro includes up to 15 Scene Finder searches per day. First-time subscribers may get a 7-day free trial, which converts to a paid subscription unless cancelled before it ends. Free-plan AI picks depend on limited monthly capacity, as described in the Subscription & Refund Policy.
- We may change prices or features with advance notice as described in that policy.
- Promotional or access codes have no cash value, cannot be sold or transferred, and may be limited, changed or revoked at any time, including if obtained or used in violation of these Terms.
- If you are under 18, you confirm a parent or guardian has approved any purchase.
- Invite rewards: when a new user joins through your invite link, you may both receive free Pro for a limited time (currently one month, up to 12 rewards per person). Rewards require genuine new users; self-referrals, fake or duplicate accounts, or buying and selling invites void the rewards and may lead to termination. We may change or end the program at any time.
- Student plan (if offered): only for people currently enrolled in a school, college or university. By choosing it you confirm you're eligible. We may ask for proof and, if you're not eligible, move you to the regular price or end your subscription.
- Explore other cities (Pro): lets you view other areas. Results there follow the same accuracy disclaimers as everywhere else.
11. Third-party services and links
The Service relies on and links to third parties (for example maps, sign-in, payment and AI providers, and event or venue websites). We are not responsible for third-party websites, content, products, services, events or practices, and your dealings with them are solely between you and them.
12. Our intellectual property
The Service, including its software, design, logo and the CrowdSense name, belongs to us or our licensors and is protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use under these Terms. Map data is © OpenStreetMap contributors. If you send us feedback, we may use it freely without obligation to you.
13. Changes, suspension and termination
We may change, suspend or discontinue any part of the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or others. You may stop using the Service at any time. Sections that by their nature should survive termination (including 4, 5, 9 and 12 through 19) survive.
14. Disclaimer of warranties
The Service and all content are provided “as is” and “as available,” with all faults and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and that the Service will be uninterrupted, secure or error-free. We do not warrant any event, venue, business, crowd estimate or AI-generated content. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, data, goodwill or opportunities; (b) we will not be liable for any personal injury, property damage, loss or harm arising from any event, venue, business, person or activity you learn about through the Service, or from your reliance on AI-generated content; and (c) our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us in the 12 months before the claim arose or fifty U.S. dollars ($50). These limits apply to all theories of liability, even if we were advised of the possibility of such damages. Some jurisdictions do not allow these limits, so they may not fully apply to you.
16. Indemnification
To the extent permitted by law, you (and, if you are a minor, your parent or guardian) agree to defend, indemnify and hold harmless Elias Caban and any agents or contractors from all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising from your use of the Service, your attendance at any event or place, your content, or your breach of these Terms or any law.
17. Dispute resolution: arbitration and class-action waiver
Informal resolution first. Before filing a claim, you agree to contact us at crowdsense26@gmail.com and try to resolve the dispute informally for at least 30 days.
Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property infringement or misuse of the Service.
Class-action waiver: you and we may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate claims or preside over any class proceeding.
30-day opt-out. You may opt out of this arbitration agreement by emailing crowdsense26@gmail.com within 30 days of first accepting these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
If the class-action waiver is found unenforceable for a claim, that claim will proceed in court, not arbitration.
18. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 17. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Orlando, Florida, and you consent to their jurisdiction. If you are a consumer in a country whose laws give you rights that cannot be waived by contract, those rights still apply.
19. General
- Changes to these Terms. We may update these Terms. For material changes we will notify you in the app and ask you to accept them again; continued use after that means you accept the updated Terms.
- Entire agreement. These Terms and the documents they reference are the entire agreement between you and us about the Service.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms. We may assign them, including to a company we form to operate the Service or in connection with a sale of the Service.
- Apple and Google. If you use a version of the Service distributed through an app store, that store is not responsible for the Service, and its terms also apply to you.
- Contact. crowdsense26@gmail.com. Legal notices may be sent to this email address.