Terms and conditions

The Walk With Me Terms and Conditions of Use for audio-tours.app, our web player at listen.audio-tours.app and the Walk With Me app.

Effective · Kinetik (Walk With Me) · support@walkwithme.fit

On this page18 sections

Welcome to the Walk With Me Terms and Conditions of Use (these “Terms”). This is a contract between you and Kinetik (as defined further below) and we want you to know yours and our rights before you use audio-tours.app, including our web player at listen.audio-tours.app (the “Site”), and the Walk With Me mobile application (the “App”) (together, “Walk With Me”). Please take a few moments to read these Terms before enjoying Walk With Me, because once you access, view or use the Site or the App, you are going to be legally bound by these Terms (so probably best to read them first!). Please also read our Community Guidelines (which form part of these Terms) and our Privacy Policy.

Please be aware that if you subscribe to premium services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Kinetik's then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.

1. Walk With Me rules

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

  • be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; and
  • be legally permitted to use the Site and the App by the laws of your home country.

Please note that we monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage.

You can create an Account via manual registration, or by using your Google or Apple login details. If you create an Account using your Google login details, you authorize us to access, display and use certain information from your Google account (e.g. profile pictures, name and email address). If you create an Account using your Apple ID, you authorize us to access the information you choose to share through Apple's sign-in service (e.g. name and email address, which may be your real email or an Apple-generated relay address). For more information about what information we use and how we use it, please check out our Privacy Policy. By using our Site and App, you acknowledge that we may collect and use your data and information in accordance with our Privacy Policy.

Unfortunately, we cannot allow you to use another person's Walk With Me account or to share your Walk With Me account with any other person without permission. You are responsible for ensuring that any use of your account complies with these Terms.

You'll have great walks on Walk With Me, but if you feel the need to leave, you can delete your Account at any time by going to the Settings screen when you are logged in and tapping the “Delete Account” button. You will be asked to confirm twice before deletion proceeds. Account deletion is permanent and irreversible. When you delete your Account:

  • Your profile information, including your avatar, bio, and preferences, is permanently removed.
  • All your active walks are cancelled and participants are notified.
  • Your messages (Whispers and WalkChat) are deleted.
  • Your friend connections and blocked user records are removed.
  • Your walking statistics and history are deleted.
  • Your avatar is removed from our storage servers.
  • You are signed out and all local data on your device is cleared.

Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account, you will need to register from scratch as no previous data will be available.

We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the Site or the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses).

For users residing in the European Union (“EU”), we will notify you when we take action against your Account or Your Content (defined below) unless it is not appropriate for us to do so (for example, we are not permitted by law enforcement agencies). For all other users, we may take such action, at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the Site or the App, or your conduct with other users of the Site or the App (including your conduct during in-person walks and related interactions), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.

If you believe that we have made a mistake in taking action on your Account or Your Content, you can contact us at support@walkwithme.fit to appeal. Please explain why you are appealing our decision and give as much detail as you can. We will review your appeal and respond within a reasonable time.

You may not access, tamper with, or use non-public areas of the Site, the App or our systems. Certain portions of the Site and the App may not be accessible if you have not registered for an Account.

2. Types of content

There are three types of content that you will be able to access on the Site and the App:

  • content that you upload and provide (“Your Content”);
  • content that members provide (“Member Content”); and
  • content that Kinetik provides (including, without limitation, database(s) and/or software) (“Our Content”).

There is certain content we cannot allow on Walk With Me

Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our Site and App. You agree to comply with our Community Guidelines as may be updated from time to time.

We want our users to be able to express themselves as much as possible on Walk With Me, but we have to impose restrictions on certain content which:

  • is illegal or encourages, promotes or incites any illegal activity;
  • is harmful to minors;
  • is defamatory or libelous;
  • itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person's consent;
  • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic, violent or otherwise may offend human dignity;
  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
  • relates to unauthorized commercial activities (including, without limitation, unsolicited sales, competitions, advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of “junk” mail or “spam”;
  • impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
  • contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Walk With Me or otherwise; or
  • in any other way violates our Community Guidelines.

Your Content

You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via messages or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Walk With Me is a community, Your Content will be visible to other users of the Site and the App, so make sure you are comfortable sharing Your Content before you post. By uploading Your Content on Walk With Me, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content: if it is important, you should make a copy.

So that we can prevent the unconsented use of Your Content by other members or third parties outside of Walk With Me, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices on your behalf if Your Content is taken and used by third parties outside of Walk With Me.

Member Content

Other members of Walk With Me will also share content via the Site and the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Site and the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other Walk With Me users' personal information to the extent that your use of it matches Walk With Me's purpose of allowing people to connect through walking. You may not use other users' information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

Our Content

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Walk With Me, as well as the Walk With Me software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable license to access and use Our Content, without the right to sublicense, under the following conditions:

  • you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Site and the App;
  • you shall not use our name in metatags, keywords and/or hidden text;
  • you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
  • you shall use Our Content for lawful purposes only.

We reserve all other rights.

No Obligation to Pre-Screen Content

While we do not assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms.

3. Restrictions on the Site and the App

You agree to:

  • comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
  • use your real name and real age in creating your Walk With Me account and on your profile; and
  • use the services in a safe, inclusive and respectful manner and adhere to our Community Guidelines at all times.

You agree that you will not:

  • act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
  • misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
  • disclose information that you do not have the consent to disclose;
  • stalk or harass any other user of the Site or the App, whether on the Site, in the App or during any in-person walks or related interactions;
  • use the Site or the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or unauthorized commercial and promotional activity;
  • submit appeals, reports, notices or complaints that are manifestly unfounded or malicious;
  • develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Walk With Me or its services, or otherwise copy profiles and other data from the services;
  • deliberately mislead other walkers about walk details (location, distance, pace, terrain, duration);
  • abandon walk participants during a walk without reasonable cause or communication; or
  • use the Site or the App to organize, promote or facilitate any activity that violates applicable law or our Community Guidelines.

We do not like users misbehaving in the Walk With Me community. You can report any abuse or complain about Member Content by contacting us at support@walkwithme.fit, outlining the abuse and/or complaint. You can also report a user directly from their profile by tapping the “Report or Block” button. We reserve the right to investigate any possible violations of these Terms, any Walk With Me user's rights, or any third party rights and we may, in our sole discretion, immediately terminate any user's right to use the Site and the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the Site or the App.

We do not control any of the things our users say or do, so you are solely responsible for your interactions with other members of Walk With Me, both online and during in-person walks.

YOUR SAFETY DURING WALKS IS IMPORTANT TO US, BUT ULTIMATELY YOUR RESPONSIBILITY. WALK WITH ME IS A PLATFORM THAT FACILITATES CONNECTIONS BETWEEN WALKERS. WE DO NOT VET, SCREEN, OR CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS. WE DO NOT GUARANTEE THE IDENTITY, CONDUCT, OR SAFETY OF ANY USER. YOU SHOULD EXERCISE CAUTION AND GOOD JUDGMENT WHEN INTERACTING WITH OTHER USERS, BOTH ON THE SITE OR THE APP AND DURING IN-PERSON WALKS. ALWAYS TELL SOMEONE WHERE YOU ARE GOING, WALK IN PUBLIC AREAS, AND TRUST YOUR INSTINCTS. IF YOU EVER FEEL UNSAFE, LEAVE THE SITUATION IMMEDIATELY AND CONTACT LOCAL AUTHORITIES.

You agree to, and hereby do, release Kinetik and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the Site or the App, including during in-person walks. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Kinetik or for fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or the App.

Scraping or replicating any part of the Site or the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces, unless you have been specifically allowed to do so in a separate agreement with us.

4. Walks, messaging and location services

Walks

Walk With Me allows you to create, discover and join walks with other users. When you create a walk, you may set various parameters including location, date and time, pace, terrain, duration, maximum number of participants, visibility (public or friends only), and gender preferences (Everyone, Women Only, Men Only, or LGBTQ+ Only).

As a walk host, you are responsible for providing accurate walk details. Walk hosts can accept or decline join requests and remove participants from their walks. If you cancel a walk, all accepted participants will be notified.

As a walk participant, you agree to respect the walk host's decisions, follow the walk parameters described, and conduct yourself in accordance with our Community Guidelines both on the App and during the walk itself.

Gender preference settings are provided to create safe and inclusive spaces for all walkers. We trust our members to use these settings truthfully and respectfully. Misusing gender preferences (for example, joining a walk with a gender restriction that does not apply to you) is a violation of these Terms.

Messaging

Walk With Me provides two messaging channels:

Whispers are one-to-one direct messages between friends. You can only send Whispers to users you are friends with on Walk With Me. Whispers are ephemeral: messages automatically expire and are permanently deleted after 24 hours. We do not retain expired messages and they cannot be recovered.

WalkChat is group messaging for walk participants. WalkChat is available to accepted participants of a walk and allows communication before, during and after the walk. Only users who have been accepted as participants can access a walk's WalkChat.

We use automated tools to detect and prevent spam, harassment, and other prohibited content in messages. If harmful content is detected, we may review the messages and take appropriate action, including account suspension. Messages are encrypted in transit and at rest, but they are not end-to-end encrypted. For full details on how we handle your messages, please read our Privacy Policy.

Location Services

Walk With Me uses your device's location to show you walks happening nearby, to enable walk creation at specific locations, and, when you choose, to share your live position with walk participants during an active walk.

Foreground location access is used when you browse walks, create walks, or view the map. Background location access is only used when you actively choose to share your live position during a walk, and only for the duration of that walk.

You can control location permissions through your device settings at any time. Disabling location services will limit your ability to discover nearby walks and certain features that rely on location data. Walk With Me will continue to function with limited functionality if you deny location permissions.

We do not track your location when you are not using the App, and we do not sell your location data to third parties. For full details on how we use location data, please read our Privacy Policy.

5. Payment terms

Generally. Walk With Me may offer products and services for purchase on the Site and in the App (“In-App Purchase”). These may include premium subscriptions that unlock additional features (“Premium Services”), and special access for professional walk organizers such as walking tour guides and fitness professionals (“Tour Organizer Access”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through the Google Play Store or Apple App Store (“Third Party Store”), or (b) any other payment method we may make available from time to time. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal. Walk With Me may offer some services as automatically-renewing subscriptions (e.g., a one-month subscription, three-month subscription, or yearly subscription). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT KINETIK'S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Kinetik changes these prices and you do not cancel your subscription, you agree that you will be charged at Kinetik's then-current pricing for subscription.

Canceling Subscriptions. If you purchased a subscription through a Third Party Store, such as the Google Play Store or the Apple App Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

Because our services may be used without a subscription, canceling your subscription does not remove your profile from our services. If you wish to fully terminate your account, you must delete your account as set forth in Section 1.

Pricing. Kinetik operates globally, and pricing may vary by a number of factors. We may offer promotional rates which can vary based on region, length of subscription, and more. We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; and to refuse to provide any user with any product, service or other offering.

Tour Organizer Access. Walk With Me may offer special tools and features for professional walking tour guides, fitness professionals, and event organizers who wish to use the platform to organize paid walking experiences. Tour Organizer Access is subject to separate terms disclosed at the point of enrollment, and tour organizers must comply with all applicable local laws regarding commercial activity, licensing, insurance, and consumer protection. Kinetik is not a party to any transaction between a tour organizer and a walk participant and is not responsible for the quality, safety, or legality of any paid walking experience organized through the App.

Subscription Pricing Transparency. Where we offer subscriptions, the price will be clearly displayed before you commit to purchase. For yearly subscriptions, the full yearly price will always be shown. We will not use misleading pricing tactics, fake urgency, or deceptive “limited-time” offers.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. For subscribers residing in the EU, you have the right to withdraw from a digital content purchase within 14 days of purchase, provided you have not begun using the digital content. If you have started using the content, you acknowledge that you lose your right of withdrawal. Refunds for purchases made through the Google Play Store are handled by Google in accordance with Google's refund policies. Refunds for purchases made through the Apple App Store are handled by Apple.

Restore Purchases. If you reinstall the App or switch devices, you can restore your active purchases and subscriptions through the App's settings. This will re-validate your purchases with the relevant Third Party Store and restore your access to any active Premium Services.

6. Push notifications and location-based features

We may provide you with push notifications, alerts and other messages related to the App and the Walk With Me services, such as walk requests, friend requests, new messages, walk cancellations, and other updates. After downloading the App, you will be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the App, you may opt out by changing your notification settings on your mobile device.

The App allows access to or makes available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, WiFi and/or cellular data within your mobile device. If you have set your mobile device to disable GPS or other location determining software, or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

7. Advertising

Walk With Me is a free service supported by advertising. By using the App, you agree that Kinetik may display advertisements within the App, including native ads integrated into content feeds and other placements.

We use Google AdMob to serve advertisements. Before serving personalized ads, we will request your consent in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). You can manage your ad preferences at any time through the App's Settings under Privacy Settings, where you can review and change your consent for personalized advertising.

We do not display interstitial advertisements (full-screen ads that interrupt your experience). Advertisements will not be shown during active walks or in chat screens.

We do not sell your personal data to advertisers. For more information on how advertising data is collected and used, please refer to our Privacy Policy and Google's advertising privacy policies.

8. Privacy

For information about how Kinetik collects, uses, and shares your personal data, please check out our Privacy Policy. By using Walk With Me, you acknowledge that we may use such data in accordance with our Privacy Policy.

9. Disclaimer

THE SITE, THE APP, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY WALK MATCHES OR CONNECTIONS.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SITE OR THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE OR THE APP WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, THE APP, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SITE AND THE APP IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS, BOTH ON THE SITE OR THE APP AND DURING IN-PERSON WALKS. KINETIK IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. KINETIK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

WALK WITH ME IS A PLATFORM FOR CONNECTING WALKERS. WE DO NOT ORGANIZE, SUPERVISE, OR CONTROL THE WALKS THAT TAKE PLACE THROUGH THE APP. WALK HOSTS ARE INDEPENDENT USERS, NOT EMPLOYEES OR AGENTS OF KINETIK. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF WALK DETAILS, THE CONDUCT OF WALK HOSTS OR PARTICIPANTS, OR THE CONDITIONS OF ANY WALK ROUTE OR LOCATION.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KINETIK NOR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, THE APP, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE AND THE APP.

IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED EUROS (EUR 100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE AND THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER HUNGARIAN LAW OR MANDATORY EU CONSUMER PROTECTION LAWS.

11. Indemnity

All the actions you make and information you post on Walk With Me remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  • any negligent acts, omissions or willful misconduct by you;
  • your access to and use of the Site and the App;
  • the uploading or submission of Content to the Site or the App by you;
  • any breach of these Terms by you;
  • your violation of any law or of any rights of any third party; and/or
  • your conduct during in-person walks organized through the App.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify Kinetik for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or the App.

12. Third party app store

The following additional terms and conditions apply to you if you download the App from a Third Party Store (such as the Google Play Store or Apple App Store). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

  • These Terms are concluded solely between you and Kinetik and not with the providers of the Third Party Store, and Kinetik (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
  • The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Kinetik is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kinetik.
  • Kinetik, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
  • The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store's or mobile carrier's applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

13. Walk safety and user conduct during walks

Safety is our top priority at Walk With Me. While we provide the platform to connect walkers, we want to be clear about responsibilities during in-person walks.

Walk Host Responsibilities

If you host a walk through the App, you agree to:

  • Provide accurate and honest information about the walk (location, distance, pace, terrain, duration, and any relevant conditions);
  • Show up for walks you have committed to host, or cancel with reasonable notice so that participants are notified;
  • Treat all participants with respect and in accordance with our Community Guidelines;
  • Not abandon participants during a walk without reasonable cause; and
  • Comply with all applicable local laws, including laws relating to public gatherings and use of public spaces.

Walk Participant Responsibilities

If you join a walk through the App, you agree to:

  • Assess your own fitness level and only join walks appropriate for your abilities;
  • Show up for walks you have committed to attend, or communicate cancellations in a timely manner;
  • Follow the walk host's reasonable directions during the walk;
  • Treat the host and all other participants with respect and in accordance with our Community Guidelines; and
  • Take responsibility for your own safety, health, and personal belongings during the walk.

Assumption of Risk

By participating in any walk organized through Walk With Me, you acknowledge and agree that:

  • Walking and outdoor physical activity carry inherent risks, including but not limited to risks related to weather, terrain, traffic, personal injury, and interaction with other people;
  • Kinetik does not organize, supervise, manage, or control walks, nor does it inspect, verify or guarantee the safety of walk routes, locations, or conditions;
  • You participate in walks entirely at your own risk;
  • You are responsible for ensuring you are physically capable of participating in any walk you join; and
  • You should take appropriate safety precautions, including informing someone of your plans, walking in public and well-lit areas, carrying a charged mobile phone, and leaving any situation that feels unsafe.

Reporting Unsafe Behavior

If you experience or witness any unsafe, threatening, or inappropriate behavior during a walk or through the App, we strongly encourage you to:

  • Leave the situation immediately if you feel unsafe;
  • Contact local emergency services if you are in immediate danger;
  • Block and report the user through the App; and
  • Contact us at support@walkwithme.fit with details of the incident.

We take all reports seriously and will investigate in accordance with our Community Guidelines. We may take action against any user found to have engaged in unsafe or prohibited behavior, including permanent removal from the platform.

14. Blocking and reporting

Block and Report Features

Walk With Me provides tools to help you manage your safety and interactions on the platform.

Blocking. You can block any other user at any time by tapping the “Report or Block” button on their profile. When you block a user:

  • They will not be able to see your walks or your profile;
  • You will not see their walks or their profile;
  • Existing message conversations with them will be hidden;
  • Neither of you will be able to send messages to each other;
  • Neither of you will be able to join walks created by the other;
  • If you were friends, the friendship will be automatically removed; and
  • The blocked user will not be notified that you have blocked them.

You can unblock a user at any time.

Reporting. You can report any user for violating our Community Guidelines or these Terms. Reports are submitted with a reason (such as harassment, spam, fake profile, safety concern, or inappropriate behavior) and an optional description. Reports are reviewed by our moderation team. The reported user is not notified that they have been reported. We reserve the right to take action based on reports, including warnings, account suspension, or permanent bans.

You agree not to submit reports that are false, malicious, or made in bad faith. We may take action against members who intentionally create false or inappropriate reports, including reporting members based solely on their protected attributes (e.g., gender identity, body size, fitness level, disability).

15. Miscellaneous

There are a few more things we need to mention before you can use Walk With Me.

These Terms, which we may amend from time to time, constitute the entire agreement between you and Kinetik. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Kinetik has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Walk With Me and provides that information on an “as is”, “as available” basis. Kinetik does not give or make any warranty or representation of any kind about the information contained on Walk With Me, whether express or implied. Use of Walk With Me and the materials available on it is at your sole risk. Kinetik is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Walk With Me is free of viruses or other harmful components. You accept that Walk With Me will not be provided uninterrupted or error free, that defects may not be corrected or that Kinetik, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Kinetik is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

The communications between you and Kinetik may take place via electronic means, whether you use the Site or the App or send us emails, or whether we post notices on the Site or in the App or communicate with you via email. For contractual purposes, you (a) consent to receive communications from Kinetik in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kinetik provides to you electronically satisfy any requirement that it would satisfy if it were to be in writing.

We know our Terms are important, but we may have to change them now and again

As Walk With Me grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. For material changes, we will notify you by email or in-app notification at least 30 days before the changes take effect. You should regularly check this page for notice of any Changes.

Your continued use of Walk With Me following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Walk With Me and delete your Account.

Additional items

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

You represent and warrant that you are not located in a country that is subject to an EU or international embargo, or that has been designated as a prohibited territory under applicable sanctions regulations.

By using the Site or the App, you agree and acknowledge that Walk With Me is a global app operating through servers located in a number of countries around the world. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Walk With Me, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations, subject to the safeguards described in our Privacy Policy.

The Site and the App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

  • the availability or accuracy of such websites or resources; or
  • the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

If you have any questions, complaints or claims with respect to the Site or the App, please contact us at support@walkwithme.fit.

16. EU consumer rights

If you are a consumer residing in the European Union or European Economic Area, you benefit from mandatory consumer protection laws in your country of residence. Nothing in these Terms affects your rights under such mandatory laws. In particular:

  • You have the right to withdraw from a distance contract within 14 days of conclusion, unless you have expressly consented to the beginning of performance of digital content and acknowledged that you thereby lose your right of withdrawal.
  • Any contractual terms that are unfair within the meaning of Directive 93/13/EEC on unfair terms in consumer contracts shall not be binding on you.
  • You may bring proceedings against us in the courts of your country of residence.
  • You have the right to lodge a complaint with an out-of-court dispute settlement body. The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17. Governing law and forum

These Terms, your access to the Site and the App, Our Content, and any Member Content, any claims arising from or related to your relationship with Kinetik, are governed and interpreted by the laws of Hungary.

All claims arising out of or relating to these Terms and/or your relationship with Kinetik will be litigated in the competent courts of Hungary, unless you are a consumer residing in the EU, in which case you may also bring proceedings in the courts of your country of residence.

For users residing in the EU, nothing in this section shall prevent you from relying on mandatory provisions of the law of your country of residence, or from bringing claims before the courts of your country of residence, as guaranteed by Regulation (EU) No 1215/2012 (Brussels I Recast).

18. About Kinetik

The Terms constitute a binding legal agreement between you as user (“you”) and Kinetik (“we” or “us”). When we refer to “Kinetik”, “Walk With Me”, “we”, “us” or “our” in these Terms, we refer to the operator of the Walk With Me mobile application, audio-tours.app and associated services.

Contact Information:

Effective date

The Terms were last updated on: .