Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "user") and Roofener Development LLC ("we," "us," or "our"), a limited liability company and the sole operator of the Toured mobile application (the "App").

By downloading, installing, creating an account, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to any part of these Terms or the Privacy Policy, you must not download, install, or use the App. Your sole and exclusive remedy for any dissatisfaction with the App or these Terms is to stop using the App and delete your account as described in Section 12.

If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf before you use the App.

2. Eligibility

• You must be at least 13 years of age to create an account and use the App.
• If you are between 13 and 17 years of age, you represent that your parent or legal guardian consents to your use of the App and has reviewed these Terms.
• The App is available exclusively in the United States. By using the App, you represent that you are located in the United States.
• You must provide accurate and complete information when creating your account.

3. Account Registration and Security

To use the App, you must create an account using one of the following methods:

• Email and password with email verification
• Sign In with Apple

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized access to your account.

We reserve the right to suspend or terminate your account if we reasonably believe it has been compromised or is being used in violation of these Terms.

4. Account Types and Linked Accounts

4.1 Account Types

The App supports two account types:

• Student: For high school students tracking college visits.
• Parent: For parents or guardians monitoring their student's college visit activity.

Students may also be linked to counselors through a separate platform. Counselors with an active plan may grant premium access to their linked students.

4.2 Linked Accounts

The App allows accounts to be linked together using invite codes. By linking accounts:

• Students authorize linked parents and/or counselors to view their college visit data, planned visits, and profile information, at the access level they select.
• Linked parents and counselors may recommend colleges to their linked students. Recommendations include the college, the recommending user's identity, and a status. Students may dismiss or accept recommendations.
• Parents (and counselors, where applicable) agree to use student data solely for the purpose of supporting the student's college planning process.
• Either party may unlink accounts at any time, which immediately revokes data access and removes any pending recommendations from the unlinked account.

Parents with a Family Plan may grant premium access to their linked students. If a linked student has their own active Apple subscription, they will be prompted to cancel it to avoid duplicate charges.

5. Subscriptions and Payments

5.1 Free Tier

The App offers a free tier with the following limitations:

• 1 completed visit log at a time
• 1 planned visit at a time
• 10 college detail views per day
• 5 comparisons per day

You may delete existing visit logs to free up your usage slots.

5.2 Premium Subscriptions

Premium subscriptions unlock unlimited access to all App features. The following plans are available:

• Student Plan (via Apple In-App Purchase): Monthly and annual billing options
• Family Plan (via Apple In-App Purchase): Monthly and annual billing options (includes premium access for up to 5 linked students)
• Counselor Plans (via Stripe on the web): Pricing and availability announced separately on the counselor platform

Prices are in US dollars and may be subject to applicable taxes. Student and Family subscriptions are purchased through Apple In-App Purchase within the iOS app. Counselor subscriptions are available through Stripe on the web platform. We reserve the right to change subscription pricing with reasonable advance notice. Price changes will not affect your current billing period.

5.3 Payment Processing

Payments are processed through one of two methods depending on the platform:

• Apple In-App Purchase: Student and Family subscriptions within the iOS app are purchased through Apple's In-App Purchase system. These transactions are governed by Apple's terms and conditions.
• Stripe: Counselor subscriptions on the web platform are processed through Stripe's secure checkout. By completing a purchase through Stripe, you agree to Stripe's terms of service.

We do not collect, process, or store your credit card information or payment credentials regardless of which payment method you use.

5.4 Cancellation

You may cancel your subscription at any time:

• Apple In-App Purchase subscriptions: Cancel through the "Manage Subscription" option in Settings within the App, or through your Apple ID subscription settings.
• Stripe subscriptions: Cancel through the subscription management portal accessible from the web platform.

Upon cancellation:

• You will retain premium access until the end of your current billing period.
• Your account will revert to the free tier when the billing period expires.
• No partial refunds are provided for the remaining portion of the billing period.
• If you have linked students receiving premium access through your plan, their premium access will end when your subscription expires.

5.5 Refunds

We do not offer refunds as a matter of course. Refunds may be considered only at our sole discretion when we believe the circumstances warrant it. To request a refund, you must contact us by email at [email protected]. We are not obligated to grant any refund except where required by applicable law.

5.6 Free Trials

We may offer free trials from time to time. If a free trial is offered, you will not be charged until the trial period ends. If you do not cancel before the trial period expires, your subscription will automatically begin and you will be charged at the applicable rate.

6. User Content

6.1 Your Content

"User Content" includes any data you create, upload, or submit through the App, including visit notes, ratings, reflections, photos, business card photos, college interest tracking, feedback, and profile information.

You retain all ownership rights to your User Content. By submitting User Content to the App, you grant us a limited, non-exclusive, royalty-free license to store, process, display (to you and your linked accounts), and transmit your User Content solely for the purpose of operating and providing the App's services to you.

This license terminates when you delete your User Content or your account, except that we may retain and continue to use aggregated, de-identified data derived from your User Content (such as aggregate rating statistics that cannot identify you). Such aggregated data is not considered User Content or personal information, and this limited right survives account deletion.

6.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to submit all User Content.
• Your User Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.
• Your User Content does not contain any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable material.

6.3 Feedback Submissions

Bug reports and feature requests you submit through the App may be used by us to improve the App. By submitting feedback, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate your feedback into the App without obligation or compensation to you.

7. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to any portion of the App, other user accounts, or any systems or networks connected to the App.
• Interfere with or disrupt the App's servers, networks, or infrastructure.
• Use automated means (bots, scrapers, crawlers) to access or collect data from the App.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Use another user's account without their authorization.
• Create multiple accounts to circumvent free-tier limitations or for any other abusive purpose.
• Share invite codes or linked account access with unauthorized individuals.
• Share your account credentials or allow others to use your subscription benefits in any way not intended by the plan you purchased. Student and Family plans are for use by the account holder and their own household. Counselor plans are for use by the account holder and students at their own school or organization. Each plan's linked account features are intended only for legitimately linked accounts as described in Section 4.
• Upload content that contains malware, viruses, or any other harmful code.

We reserve the right to suspend or terminate your account and refuse any current or future use of the App if we determine, in our sole discretion, that you have violated these Terms.

8. Intellectual Property

The App, including its design, code, graphics, logos, interface, features, and all related intellectual property, is owned by Roofener Development LLC and is protected by United States copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purpose in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works based on the App.
• Sell, license, sublicense, distribute, or commercially exploit the App.
• Use our trademarks, logos, or branding without prior written consent.

College data displayed in the App is sourced from publicly available federal datasets (IPEDS, College Scorecard, EADA) and is subject to the terms of use of those respective data sources.

9. Disclaimers

9.1 General Disclaimers

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, completeness, or reliability of college data, statistics, or information displayed in the App. College data is provided for informational purposes only and should not be the sole basis for any college admissions or enrollment decisions.
• Any warranty regarding the availability or uptime of our servers or third-party services.

We do not endorse, recommend, or rank any particular college or university. The rankings, fit scores, and comparisons in the App are based solely on your personal ratings and preferences.

9.2 Third-Party Services and Platforms

The service relies on third-party service providers, including but not limited to Supabase, Inc. (backend infrastructure and services), Stripe, Inc. (payment processing for web-based subscriptions), and Apple Inc. (authentication via Sign In with Apple, In-App Purchase payment processing, app distribution via the App Store). These third-party services are independently owned and operated and are not under our control.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR PERFORMANCE OF ANY THIRD-PARTY SERVICE. WE DO NOT WARRANT THAT ANY THIRD-PARTY SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DATA BREACHES, SECURITY VULNERABILITIES, UNAUTHORIZED ACCESS, OR DATA LOSS.

You acknowledge and agree that:

• Your use of any third-party service is governed by that provider's own terms of service and privacy policy, and you are solely responsible for reviewing and accepting those terms.
• We are not responsible or liable for any acts, omissions, errors, failures, data breaches, security incidents, unauthorized access, data loss, data corruption, service outages, or downtime of any third-party service provider, regardless of whether we selected, integrated, or recommended the use of such provider.
• We are not responsible or liable for the privacy or security practices of any third-party service provider, including how they collect, use, store, protect, or disclose your personal information or payment data.
• In the event of a data breach, security incident, unauthorized access, or data leak at any third-party service provider (including but not limited to Supabase, Stripe, or Apple), your sole remedy is against the responsible third-party provider under their own terms and policies, and not against us.
• We have no obligation to monitor, audit, or verify the security practices of any third-party service provider, and our use of any such provider does not constitute an endorsement or guarantee of their security, reliability, or compliance with any standard or regulation.
• Any claim arising from or related to the services provided by a third-party provider must be directed solely to that third-party provider.

9.3 Data Security and Breach Disclaimer

NO METHOD OF DATA TRANSMISSION OVER THE INTERNET OR METHOD OF ELECTRONIC STORAGE IS 100% SECURE. WHILE WE IMPLEMENT COMMERCIALLY REASONABLE SECURITY MEASURES, WE CANNOT AND DO NOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA.

You acknowledge and agree that:

• We are not responsible or liable for any unauthorized access to, alteration of, theft of, or destruction of your data, whether caused by a security breach at our systems, at a third-party provider's systems, or by any other means.
• We are not responsible or liable for any data breach, data leak, or security incident that occurs at any third-party service provider, including but not limited to Supabase, Stripe, Apple, Amazon Web Services (AWS), or any of their subcontractors or infrastructure providers.
• You transmit your data to and through the App at your own risk.
• You are solely responsible for maintaining backups of any data you consider important.

9.4 Offline Mode and Data Synchronization

The App includes offline functionality that allows you to continue using certain features when you do not have an active internet connection. Data created or modified while offline is stored locally on your device and queued for synchronization when connectivity is restored.

You acknowledge and agree that:

• Data stored locally on your device while offline has not been backed up to our servers and may be lost if your device is damaged, reset, or the App is uninstalled before synchronization occurs.
• We are not responsible for any data loss resulting from failed synchronization, including but not limited to visit notes, photos, ratings, or other user content created while offline.
• In the event of a synchronization conflict (e.g., the same data was modified both offline and online), the App will attempt to resolve the conflict automatically, but we do not guarantee that all offline changes will be preserved.
• Offline functionality may be limited compared to online use, and certain features may be unavailable without an internet connection.
• Photos taken while offline are stored temporarily on your device and are subject to available device storage. We are not responsible for photos that cannot be saved due to insufficient device storage.

9.5 Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. You assume full responsibility for any decisions made based on information or data provided through the App, including but not limited to college visit planning, college selection, and enrollment decisions. You acknowledge that the App is a personal organizational tool and is not a substitute for professional academic, educational, or admissions counseling.

You further acknowledge that the App processes and stores data using third-party infrastructure and services, and you voluntarily assume all risks associated with the transmission and storage of your data through these services, including the risk of data breaches, unauthorized access, or data loss at any third-party provider.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROOFENER DEVELOPMENT LLC, OR ANY OF ITS MEMBERS, OFFICERS, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO SUPABASE, STRIPE, APPLE, AMAZON WEB SERVICES, AND THEIR RESPECTIVE SUBCONTRACTORS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, REPUTATION, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the App.
• Any unauthorized access to, alteration of, theft of, or destruction of your data, whether stored on our systems or on any third-party provider's systems.
• Any data breach, data leak, security incident, or unauthorized disclosure of your personal information or payment data at any third-party service provider, including but not limited to Supabase, Stripe, Apple, Amazon Web Services (AWS), or any of their subcontractors.
• Any failure, error, omission, interruption, defect, delay in operation, or downtime of any third-party service, including database services, payment processing, authentication, cloud storage, or hosting infrastructure.
• Any content or conduct of any third party in connection with the App.
• Any loss of data, including visit logs, photos, account information, or payment records, whether caused by us, a third-party provider, or circumstances beyond our control.
• Any errors, inaccuracies, or omissions in college data or statistics.
• Any decisions you make based on information provided through the App.
• Any interruption, suspension, or termination of the App or your account.
• The actions, omissions, negligence, or security failures of any third-party service provider.
• Any changes to, or discontinuation of, services by any third-party provider that affects the App's functionality or your data.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE APP IS TO STOP USING THE APP AND DELETE YOUR ACCOUNT.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50.00 USD).

The limitations of liability set forth above are fundamental elements of the agreement between you and us. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Roofener Development LLC and its members, officers, agents, contractors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, court costs, and investigation costs) arising out of or in connection with:

• Your access to or use of the App.
• Your User Content.
• Your violation of these Terms or the Privacy Policy.
• Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights.
• Your violation of any applicable law, rule, or regulation.
• Any misrepresentation made by you.
• Any dispute between you and any other user of the App, including disputes related to linked accounts.

This indemnification obligation will survive the termination of your account and these Terms.

12. Account Termination

12.1 Termination by You

If you do not agree with any part of these Terms, the Privacy Policy, or any changes to either, your sole and exclusive remedy is to delete your account and stop using the App.

You may delete your account at any time, for any reason, through Settings > Profile > Delete Account. Account deletion requires email-based verification for your protection and is permanent and irreversible. Upon deletion, the following will be permanently removed from our servers within 30 days:

• Your profile and all personal account information.
• All visit logs, ratings, notes, reflections, and tags.
• All photos you uploaded during college visits and all business card photos.
• All college interest tracking data (love, like, dislike) and college recommendations.
• All linked account connections (parent, student, or counselor links).
• All planned visits and comparison data.
• Your Stripe customer record (if applicable) and subscription data (except records we are required to retain for tax and financial compliance, typically up to 7 years).
• Any active subscription will be canceled immediately. No partial refunds are provided for the remaining billing period.
• Premium access granted to linked students through your plan will be revoked.

Account deletion does not affect any aggregated, de-identified data that was derived from your User Content prior to deletion, as described in Section 6.1. Such data cannot identify you and is not considered personal data.

After account deletion, you will have no further obligations under these Terms, except for Sections 6.1 (aggregated, de-identified data rights), 6.3 (Feedback Submissions), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (Governing Law), which survive termination.

12.2 Termination by Us

We may suspend or terminate your account at any time, with or without notice, if:

• You violate these Terms or our Privacy Policy.
• We are required to do so by law.
• We reasonably believe your account has been compromised.
• You share your account credentials or subscription benefits with unauthorized individuals, or otherwise abuse the subscription service (see Section 7).
• We discontinue the App (with reasonable advance notice).

If we terminate your account for violation of these Terms — including but not limited to subscription abuse or unauthorized account sharing — you forfeit all remaining subscription time and no refund of any kind will be issued. We are not obligated to provide any refund, whether full or partial, for any prepaid subscription fees, except where required by applicable law.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted on an individual basis in the state of the user's residence or as otherwise agreed by the parties.

13.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought in the federal or state courts located in the State of New Jersey.

15. Modifications to Terms

We reserve the right to modify these Terms at any time, for any reason, at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may, but are not obligated to, provide additional notice of changes through the App or via email.

It is your sole responsibility to review these Terms periodically for changes. Your continued use of the App after any changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately stop using the App and delete your account as described in Section 12.1. Deleting your account will permanently remove all of your personal data from our servers (aggregated, de-identified data that cannot identify you may be retained as described in Section 6.1), and you will have no further obligations under these Terms except for those sections that expressly survive termination.

16. Modifications to the App

We reserve the right to modify, suspend, or discontinue any part of the App at any time, with or without notice. This includes the right to introduce, modify, or remove features, change data retention policies, or require a paid subscription for certain capabilities (including long-term data storage) that are currently available for free. We will provide reasonable advance notice before any change that materially affects your existing data. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App. If we discontinue the App entirely, we will provide reasonable advance notice and allow you to access your data before shutdown.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet or infrastructure failures, or pandemics.

18. Contact Us

If you have any questions about these Terms, please contact us: