Terms of Service

Effective date: 27 April 2026 · Last updated: 11 May 2026

These Terms of Service ("Terms") govern your access to and use of Where Is Tereza? (the "Service") operated by DPG spol. s r.o. trading as Banana Labs ("we", "us", "our"), a limited-liability company registered in the Czech Republic. By creating an account, paying for a plan, or otherwise using the Service, you ("you", "Customer", "Org owner") agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Where Is Tereza? is a multi-tenant SaaS that records GPS coordinates from your tracking apps or devices, draws them on a map, and lets you share those maps publicly or privately. Each customer (an "organization") gets an isolated data area and a public URL of the form app.whereistereza.com/o/{your-slug}.

2. Eligibility

• You must be at least 16 years old to create an account. If you are under 18, you confirm a parent or legal guardian has agreed to these Terms on your behalf.
• You must provide accurate registration information.
• You are responsible for keeping your sign-in email secure. We use magic-link authentication; anyone with access to your inbox can sign in as you.

3. Acceptable use

You agree NOT to use the Service to:

• Track any person without their informed, ongoing consent. Surveillance, stalking, intimate-partner monitoring, or any non-consensual tracking is strictly prohibited and will result in immediate termination plus possible referral to authorities.
• Track minors without their guardians' consent.
• Violate any applicable law (privacy, telecom, data protection, export control, sanctions).
• Reverse-engineer, decompile, scrape, or attempt to circumvent rate limits, security measures, or quota enforcement.
• Upload malicious payloads, exploit injection vulnerabilities, or abuse the GPS ingest endpoints to spam our infrastructure.
• Resell access to the Service or impersonate Banana Labs.
• Use the Service for purposes that conflict with the spirit of recreational, professional, or educational journey-sharing — any law enforcement, military, or covert-tracking use case is out of scope.

We reserve the right to suspend or terminate any account at our sole discretion if we have reasonable grounds to believe these rules have been broken.

4. Subscriptions and billing

• The Service is offered exclusively as a paid subscription. Plans are billed monthly or yearly via Stripe.
• Prices are listed at whereistereza.com/#pricing in EUR or USD inclusive of any applicable VAT where required.
• Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date.
• You can cancel at any time from the Billing tab. Cancellation takes effect at the end of the current paid period; the Service stays accessible until then.
• Refunds are not given for partial months. We may refund a yearly subscription at our discretion if cancelled within 14 days of purchase.
• Failed payments: we retry per Stripe's default schedule. After three consecutive failures the account moves to read-only mode; after 30 more days the data is deleted unless the subscription is reactivated.

5. Quotas and rate limits

Each plan has documented quotas (number of trips, team members, route-snap requests, data retention). Quotas are enforced by the platform; exceeding them returns HTTP 402. GPS ingest is rate-limited to 120 points per minute per organization to protect the service.

6. Your data

You retain ownership of all GPS data, photos, profile content and trip metadata you upload. By using the Service you grant us a worldwide, non-exclusive, royalty-free licence to host, display, process and back up that content for the sole purpose of operating the Service for you.

We do not claim ownership of your data, do not sell it, and do not use it for advertising. See the Privacy Policy for full details on collection and processing.

7. Public visibility

Trips you mark as Public are accessible to anyone with the URL. Trips marked Unlisted require the share token in the URL. Trips marked Private require a password you set. You are responsible for choosing the right visibility for each trip and for the consequences of sharing trip URLs.

8. Service availability

• The Service is provided "as is" with no uptime SLA. Best-effort availability is >99% over a calendar month.
• We may schedule maintenance with reasonable notice. Emergency maintenance may happen without prior notice.
• Third-party dependencies (Stripe, Resend, Mapbox, Open-Meteo, Railway, OpenStreetMap, CARTO) can affect specific features. See /docs for graceful-degradation behaviour per feature.

9. Liability — Public Beta disclaimer

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available", without warranty of any kind, express or implied. We make no representations about availability, accuracy of GPS positions, route matching, weather data, statistics, fitness for a particular purpose, or non-infringement.
• Public Beta: the Service is currently in beta. Interruptions, partial or complete data loss, feature regressions, incorrect output, and changes to features, pricing, or quotas may occur at any time, with or without notice. You use the Service at your own risk. Do not rely on it for navigation, safety-critical, time-sensitive, regulatory, insurance, or any situation where an error or interruption could cause you harm.
• We are not liable for any direct, indirect, incidental, consequential, special or exemplary damages — including loss of profits, data, business, reputation or any other intangible loss — arising out of or related to your use of the Service, including any beta-related defect.
• Where applicable law requires a financial cap on our liability (and only where it cannot be excluded entirely), our total liability for any claim is limited to the amount you actually paid for the Service in the three (3) months immediately preceding the event giving rise to the claim. During the Public Beta this amount may be zero.
• Nothing in these Terms limits our liability for fraud, willful misconduct, or anything else that cannot be limited by law.

10. Intellectual property

The Service, including all source code, design, branding, documentation and aggregated analytics, is owned by Banana Labs. You receive a non-exclusive, non-transferable licence to use the Service in accordance with these Terms. Nothing in these Terms transfers any IP rights to you.

11. Termination

You can terminate your account at any time by cancelling your subscription and requesting deletion via the org admin (Settings → Organization → Delete) or via the in-app Support form. Termination is effective at the end of the current paid period unless you request immediate deletion.

We may terminate or suspend your account immediately, without notice, if you breach these Terms, abuse the Service, or fail to pay outstanding invoices. On termination your data is retained for 30 days then deleted, except for tax records held under the Privacy Policy retention schedule.

12. Changes to the Service and Terms

We may modify the Service at any time, including adding, removing, or changing features. We may change these Terms by posting an updated version here. Material changes will be announced by email to all account holders at least 14 days before they take effect. Continued use of the Service after the change constitutes acceptance.

13. Indemnification

You agree to indemnify and hold harmless Banana Labs from any third-party claim, demand, or expense (including reasonable legal fees) arising out of your use of the Service in breach of these Terms or applicable law — most importantly, from any privacy, surveillance, or tracking-consent claim brought by a person whose location you tracked.

14. Governing law and disputes

These Terms are governed by the laws of the Czech Republic without regard to conflict-of-law principles. Any dispute will be resolved by the competent Czech courts. If you are an EU consumer, mandatory consumer-protection laws of your country of residence still apply.

Before any formal proceeding, both parties agree to attempt good-faith resolution by email for at least 30 days.

15. Contact

For any questions about these Terms or the Service, please use the in-app Support form (Org Admin → Support). A real person reads every message and replies within one business day.