Terms of Service

By creating an account, purchasing an experience, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You must be at least 13 years old to use the Services, and old enough to form a binding contract in your jurisdiction, to make a purchase. By using the Services, you represent that you meet these requirements.

If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement and consent of a parent or legal guardian. The parent or guardian is responsible for the minor’s use of the Services. Users under the age of majority should use location-based experiences only with appropriate adult supervision.

If you are under 18, a parent or legal guardian must complete the purchase on your behalf and supervise your use of our experiences.

You sign in with your mobile phone number. You are responsible for maintaining control of the phone number associated with your account and for all activity that occurs under your account. Notify us promptly at support@pastport.live if you believe your account has been compromised.

If you change or lose access to your phone number, you may lose access to your account unless we can verify your identity through another reasonable method.

By creating an account, you agree that we may contact you with messages needed to operate the Services, including one-time passcodes to sign in, purchase confirmations, security alerts, and other account or transaction messages. You provide your phone number for these purposes when you sign in.

We will send you promotional or marketing text messages only if you separately opt-in to receive them. Signing in or making a purchase is not, by itself, agreement to receive marketing texts. When you opt in, you agree to receive recurring automated marketing text messages from PastPort at the number you provide, and you understand that consent is not a condition of any purchase. Message frequency varies, and message and data rates may apply.

You can opt out of marketing texts at any time by replying STOP to any marketing message or by contacting support@pastport.live; reply HELP for help. We will stop sending marketing texts within a reasonable time, and in any event as required by law, and may send a single confirmation of your opt-out. Delivery of messages depends on your mobile carrier, which is not liable for delayed or undelivered messages. Our handling of information collected through text messaging is described in our Privacy Policy.

PastPort lets you purchase GPS-triggered augmented reality experiences and related add-ons. Experiences comprise a set of one or more episodes. Prices, experience availability, and content are described at the point of purchase and may change over time. Depending on how you access the Services, you may purchase:

• On the web, where payments are processed by Stripe; or
• Through the App Store, where payments are processed by Apple as in-app purchases and are also subject to Apple’s terms.

When you complete a purchase, we grant you a limited authorization to access the purchased content in the PastPort AR app. Purchased access may be time-limited (for example, a multi-day or multi-month pass); the applicable access period is shown at the point of purchase.

Unless otherwise stated at purchase, the access period begins when the pass is purchased. If a pass begins upon first activation or first use, that will be stated at purchase. PastPort passes are one-time purchases for the stated access period and do not automatically renew; unless we clearly state otherwise at purchase, we will not charge you again unless you make a new purchase.

Prices may exclude applicable taxes, fees, wireless data charges, or third-party admission charges unless expressly stated otherwise.

Experience availability and the quality of location-triggered experiences may depend on factors outside PastPort’s control, including GPS accuracy, device capabilities, operating system settings, cellular or Wi-Fi connectivity, weather, construction, crowding, site closures, public-safety restrictions, and your location permissions. Purchase of an experience does not grant admission to, permission to enter, or any right of access to any museum, building, private property, historic site, event, or restricted area unless otherwise stated at purchase.

Promotional, referral, redemption, or add-on share codes may be subject to additional restrictions, expiration dates, usage limits, and anti-abuse controls. Codes have no cash value unless expressly stated.

Referral codes identify the person or partner who referred you to PastPort. Applying a referral code does not by itself unlock a paid experience or reduce its price.

Add-on share codes, where offered, are claimed on the PastPort website and add access to the recipient's PastPort account. To use that access in the PastPort AR app, the recipient must sign in with the same phone number used to claim the code. Each share code is subject to the eligibility, single-use, and expiration restrictions stated when it is issued, and you may not claim a share code from your own purchase. Sharing through features we expressly provide is permitted; resale, and circumvention of access controls, are not.

Apple offer codes are issued and redeemed through Apple's systems and are subject to Apple's eligibility, availability, redemption limits, and offer terms. They are separate from PastPort referral and add-on share codes. Access is granted after Apple verifies the transaction and is associated with the PastPort account signed in at the time of redemption. Use that same account for any later Apple offer redemptions; creating or deleting an account does not transfer a redeemed offer to another account. An offer code has no cash value and does not extend access beyond the applicable offer or pass terms.

Our refund policy is set out in Section 7 below and is also displayed at the point of purchase.

Subject to these Terms and your payment, PastPort grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and experience the experiences and content you have purchased, for your own non-commercial use. You may not copy, record, redistribute, sell, sublicense, publicly perform, or create derivative works from the content except as expressly permitted.

You may not screen-record, capture, reproduce, or distribute substantial portions of any experience, episode, script, audio, video, AR scene, character performance, or other PastPort content, except for ordinary personal, non-commercial sharing expressly enabled by the Services. However, you may capture 10 seconds or less of video of an episode for use in social media posts.

For purchases made on the web, unless otherwise stated at purchase, all sales are final once a pass has been activated or the access period has begun. If you experience a technical issue that prevents meaningful use of a purchased experience, contact us at support@pastport.live within seven days of purchase, and we may provide a refund, credit, replacement access, or other remedy at our discretion. We do not provide refunds for circumstances outside our control, including weather, site closures, travel changes, device battery failure, lack of connectivity, or failure to enable required permissions.

For purchases made through the App Store, refunds are handled by Apple in accordance with Apple’s policies, and you should request them through Apple.

You agree not to:

• use the Services for any unlawful purpose or in violation of these Terms;
• copy, scrape, reverse engineer, decompile, or attempt to extract the source code or underlying content of the Services, except where such restriction is prohibited by law;
• interfere with, disrupt, or attempt to gain unauthorized access to the Services or their infrastructure;
• share authorizations or redemption codes except through sharing features expressly enabled by the Services, resell them without our permission, or circumvent access controls;
• use the AR features in a manner that is unsafe or that endangers you or others;
• use the Services while driving, biking, operating machinery, crossing streets, or engaging in any activity that requires attention to your surroundings;
• trespass, enter restricted areas, ignore posted signs, violate site rules, or access locations that are closed, unsafe, ticketed, or private; or
• use the Services in a way that interferes with other visitors, public safety, property owners, museums, historic sites, tour operators, public officials, or emergency personnel.

You agree to:

• always remain aware of your real-world surroundings, traffic, sidewalks, vehicles, bicycles, other pedestrians, weather, and other hazards while using the app;
• obey all laws, traffic signals, posted signs, site rules, and instructions from public officials or property owners; and
• be solely responsible for deciding whether it is safe and lawful to access or remain at any location while using the Services.

We may suspend or terminate access to the Services for misuse, fraud, safety risk, violation of these Terms, or violation of applicable law.

You acknowledge that using the Services outdoors and in public spaces involves inherent risks, including traffic, uneven surfaces, crowds, weather, and other hazards, and that PastPort does not control these conditions. As a condition of using the Services, you agree to assume these risks when you choose to use the Services.

The Services and all associated content, software, trademarks, trade dress, scripts, images, audio, video, animations, historical character performances, AR scenes, experience and episode designs and content, underlying data, and other materials (collectively, “PastPort Content”) are owned by PastPort, Inc. or its licensors and are protected by intellectual-property laws. Except for the limited license granted in Section 6, these Terms do not transfer any right, title, or interest in the Services or PastPort Content to you, and all rights not expressly granted are reserved by PastPort.

You may not use any PastPort trademark, logo, or trade name without our prior written consent.

You may not use PastPort Content, in whole or in part, to train, fine-tune, or develop any artificial intelligence or machine learning model, or to build any competing product or service.

If you submit feedback, ideas, or suggestions about the Services (“Feedback”), you grant PastPort a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose, without attribution or compensation to you.

We reserve the right to seek injunctive relief, without the need to post a bond, in the event of any actual or threatened violation of this section.

The following applies if you download or use the PastPort AR app from the Apple App Store. These Terms are between you and PastPort, Inc. only, and not with Apple Inc. (“Apple”). Apple is not responsible for the app or its content.

• As between PastPort and Apple, PastPort is solely responsible for the app and its content.
• Your license to use the app is a non-transferable license to use it on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules.
• You must comply with all applicable third-party terms of agreement when using the app, including any Apple App Store terms and any wireless data-service agreement applicable to your device.
• Apple has no obligation to provide maintenance or support for the app. Apple is not responsible for addressing any claims by you or a third party relating to the app, including product-liability, legal or regulatory, or intellectual-property claims.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or available at any particular location or time.

We do not warrant that any AR content will appear at a precise location or time, that GPS-triggered content will be accurate in all circumstances, or that any location will be accessible, open, safe, lawful, or suitable for use.

PastPort seeks to provide historically informed content, but historical interpretation may involve uncertainty, judgment, dramatization, compression, or omission. We do not warrant that all content is complete, error-free, or suitable for any educational, academic, professional, safety, navigation, or emergency purpose.

Some Services may be offered as beta, pilot, preview, or limited-release features and may be changed, interrupted, or discontinued at any time.

Nothing in this section limits any warranty that cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, PastPort, Inc. and its officers, employees, affiliates, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services, regardless of the theory of liability (contract, tort, statute, or otherwise) and even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims relating to the Services, whether arising in a single incident or over time, will not exceed the greater of $100 or the total amount you paid us for the Services during the three (3) months before the event giving rise to the claim. This cap applies collectively across all claims and is not a per-claim limit.

We are not liable for any injury, loss, or damage arising from: (a) your decision to access, enter, or remain at any physical location while using the Services; (b) conditions or hazards at any location, including traffic, weather, crowding, or site conditions; (c) the acts or omissions of any third party, including property owners, other visitors, or public officials; or (d) any inaccuracy, omission, or dramatization in historical content.

This limitation does not apply to liability for gross negligence, wilful misconduct, or bodily injury directly caused by PastPort’s own negligence, to the extent such liability cannot be limited under applicable law.

You agree to indemnify, defend, and hold harmless PastPort, Inc. and its officers, employees, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Services; (b) your violation of these Terms or applicable law; (c) your violation of any third-party right, including intellectual-property or privacy rights; (d) any content or information you submit through the Services; (e) your use of the Services at any physical location, including any injury, property damage, or dispute arising from your presence at or conduct in that location; or (f) your breach of any representation you made under these Terms, including as to your age, eligibility, or location.

PastPort may assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our defence of that claim.

PLEASE READ THIS SECTION CAREFULLY. It affects how disputes between you and PastPort are resolved and, for most disputes, requires individual arbitration instead of a court or jury and waives the right to participate in a class action.

Informal resolution first. Before starting an arbitration, you agree to contact us at support@pastport.live and give us at least 30 days to try to resolve the dispute informally.

Agreement to arbitrate. Except for the matters described below, you and PastPort agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, and not in court, except that either party may instead bring an individual claim in small-claims court if it qualifies. The arbitration will be administered by a recognized, neutral arbitration provider under its consumer arbitration rules, and judgment on the award may be entered in any court having jurisdiction.

Class-action waiver. You and PastPort agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court.

Exceptions. Nothing in this section prevents either party from seeking injunctive or other equitable relief in court to protect its intellectual-property or confidential-information rights, and nothing limits any right you may have to report a matter to a government agency. Purchases made through the Apple App Store may also be subject to Apple’s applicable dispute-resolution processes.

Your right to opt out. You may opt out of this arbitration agreement and class-action waiver within 30 days after you first accept these Terms by emailing support@pastport.live with your name and the phone number associated with your account and the subject line “Arbitration Opt-Out.” If you opt out, the “Governing law” section below governs disputes. Opting out of arbitration does not affect any other part of these Terms.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where prohibited by applicable law. This section is subject to the “Dispute resolution; binding arbitration; class-action waiver” section above; it applies to any dispute not subject to arbitration and to any dispute if you have opted out of arbitration.

Before filing a claim, you agree to contact us at support@pastport.live and give us a reasonable opportunity to resolve the dispute informally. Nothing in these Terms limits any mandatory consumer-protection rights that may apply to you under the laws of your jurisdiction.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice as appropriate. Your continued use of the Services after an update means you accept the revised Terms.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

Entire agreement. These Terms, together with the Privacy Policy and any terms presented to you at the point of purchase, are the entire agreement between you and PastPort regarding the Services and supersede any prior agreements on that subject.

Severability and waiver. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Force majeure. We are not responsible for any delay or failure to perform that is caused by events beyond our reasonable control, including acts of God, natural disasters, service or network outages, labor disputes, or governmental actions.

No agency; headings. Nothing in these Terms creates any partnership, agency, joint venture, or employment relationship between you and PastPort. Section headings are for convenience only and do not affect interpretation.

PastPort, Inc.
39 Karen Road, Waban, MA 02468, USA
support@pastport.live