Terms of Service

Last updated: November 17, 2025

1. Acceptance of Terms

By accessing or using ACTIVA ("the Service"), you confirm that you:

• Have read and understood these Terms of Service
• Agree to all terms and conditions
• Are legally competent to enter into a binding agreement
• Are at least 16 years old

If you do not agree to these terms, you may not use the Service.

2. Description of the Service

2.1 What is ACTIVA?

ACTIVA is an interactive map application that helps users discover:

• Restaurants and dining establishments - With categories like Food and Food Trucks
• Sports facilities and outdoor activities
• Beaches and water sports
• Bars, lounges and nightlife
• Children's activities
• Events and activities
• Other Points of Interest in Curaçao

2.2 Features

• Interactive map with Google Maps integration
• Live location tracking - Optional GPS-based "You are here" marker (client-side only, no data storage)
• Smart map initialization - Auto-zoom to your location if in Curaçao (with permission)
• Category filters for targeted searches
• Save favorite locations and events
• Personal notes for saved items
• Light/Dark theme mode (automatic 18:30-06:30 Curaçao time)
• Real-time opening hours calculation (America/Curacao timezone UTC-4)
• Performance optimizations (viewport-based rendering, category cycling)
• B2B venue dashboards with photo uploads
• Event creation and management (B2B & Admin)
• AI-powered Research Bot and Party Bot for content discovery

3. Account Registration and Types

3.1 Creating an Account

To use the full functionality, you must create an account via:

• Google Sign-In - Requires a valid Google account

3.2 Account Types

Type	Description	Features
Free	Standard free account	Basic map functionality, save spots/events, personal notes
B2B	Business account	Venue dashboard, photo uploads (max 4), event creation, venue editing, automated email notifications

3.3 Account Security

You are responsible for:

• Securing your Google account credentials
• All activities that occur through your account
• Immediately reporting unauthorized use to info@bywolff.dev
• Not sharing your account with others

4. Permitted Use

4.1 You may use the Service for:

• Discovering activities and locations in Curaçao
• Saving personal favorites with notes
• Planning outings and events
• Managing your business venue (B2B accounts)
• Creating and promoting events (B2B accounts)

4.2 Prohibited Activities

• Scraping or data mining - Automated collection of data
• Reverse engineering - Decompiling or disassembling the application
• API abuse - Excessive or unauthorized use of APIs
• Spam or deception - Spreading false information or misleading content
• Intellectual property infringement - Copying content without permission
• Hacking or security testing - Without prior written permission
• Account sharing - Sharing your login credentials with third parties
• Commercial use - Reselling services without license (except B2B accounts)
• Uploading inappropriate content - Offensive, illegal or copyrighted material
• Circumventing restrictions - Bypassing rate limits, feature restrictions or paywalls

5. Intellectual Property

5.1 ACTIVA Ownership

All rights, titles and interests in and to the Service remain the property of ACTIVA (By Wolff), including but not limited to:

• Software and source code (Next.js 15, TypeScript, React)
• Design and user interface
• Logos and branding
• Curated database of POIs (poi-locked collection)
• Algorithms and methodologies (real-time hours, category cycling, viewport optimization)
• AI bot systems (Research Bot, Party Bot)

5.2 License to User

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal or business use (B2B accounts only).

5.3 Third-Party Content

• Google Maps Platform - Subject to Google Maps Platform Terms of Service
• Google Places API - Data is owned by respective owners
• User-generated content - You retain ownership of your notes, photos and personal data
• B2B venue photos - By uploading, you grant ACTIVA a perpetual license to display

5.4 User Content Rights and Responsibilities

When uploading photos or creating content (B2B accounts), you:

• Warrant that you own the rights or have permission to use the content
• Grant ACTIVA a worldwide, royalty-free license to display, store and distribute
• Understand that content remains linked to venues even after account deletion
• Agree that EXIF data (GPS coordinates, camera info) will be automatically removed

6. Privacy and Data Processing

Your use of the Service is also subject to our Privacy Policy, which details:

• What data we collect (account info, saved spots/events, B2B data, admin logs)
• How we use your data (service delivery, personalization, analytics)
• Location data - Optional GPS tracking with explicit browser permission (client-side only, never stored)
• Where your data is stored (Firebase Firestore Europe, Firebase Storage)
• Your rights (access, rectification, deletion, data portability)

6.1 Location Permission

The Service may request access to your device's location for enhanced map functionality:

• Purpose: Display "You are here" marker, auto-zoom if in Curaçao, distance calculations
• Your choice: Completely optional - the app works perfectly without location access
• Privacy: Location is processed only in your browser, never sent to our servers or stored
• Control: You can revoke permission anytime via browser settings
• Transparency: Clear browser prompt before any location access

7. Payment and Subscriptions

7.1 Free Tier

The basic version of ACTIVA is free and will remain free for standard functionality:

• Map browsing and exploration
• Saving spots and events
• Personal notes
• Theme preferences

7.2 B2B Accounts

Business accounts are currently offered free of charge but may transition to paid plans:

• Existing B2B users will be grandfathered with 6 months notice
• New pricing will be announced 30 days before implementation
• B2B features: venue dashboard, photo uploads, event creation, analytics (future)

7.3 Premium Features (Future)

We may introduce premium features with:

• Monthly or annual subscription fees
• One-time purchases for specific features
• Enhanced B2B licenses for businesses

7.4 Price Changes

We reserve the right to change prices with 30 days prior notice to existing users.

8. Content and Accuracy

8.1 Information Accuracy

• Opening hours - Calculated in real-time but source data may be outdated
• Location information - Based on Google Maps data and manual admin edits
• Prices - Indicative only, always verify with the location
• Event availability - Events can be cancelled; automatically removed 7 days after end date
• Venue photos - Uploaded by B2B users, accuracy not guaranteed

8.2 User Responsibility

It is your responsibility to:

• Verify information before planning a visit
• Contact locations for confirmation
• Check terms and rates at the source
• Respect venue policies and opening hours

8.3 AI Bot Disclaimers

Content discovered by our Research Bot and Party Bot:

• Is sourced from public websites and social media
• Is manually verified by admins before publication
• May contain inaccuracies or outdated information
• Always includes source attribution

9. Liability

9.1 Limitation of Liability

To the extent permitted by applicable law:

• ACTIVA is NOT liable for direct, indirect, incidental or consequential damages
• We do not guarantee uninterrupted or error-free operation of the Service
• We are not responsible for actions or infringements by third parties
• Maximum liability is limited to the amount you paid in the past 12 months (currently €0 for all users)
• We are not liable for venue closures, event cancellations, or incorrect information
• We are not responsible for loss of data due to technical issues or user error

9.2 Indemnification

You indemnify ACTIVA from all claims, damages, losses and costs (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms of Service
• Your violation of third-party rights
• Content you upload (photos, event descriptions, venue information)
• Misuse of B2B privileges

9.3 Force Majeure

We are not liable for failure to perform due to:

• Natural disasters, pandemics, or acts of God
• Government actions or regulations
• Third-party service outages (Google Maps, Firebase, Cloud Run)
• Internet or telecommunications failures

10. Service Level and Availability

10.1 Uptime

We strive for 99.5% uptime but cannot guarantee it for:

• Scheduled maintenance (with prior notice via email/in-app)
• Force majeure events
• Issues with third parties (Google Maps API, Firebase, Cloud Run)
• Emergency security patches

10.2 Support

• Free users - Best-effort support via email
• B2B users - Priority support within 24 hours on business days, automated email notifications for account status

10.3 Performance Optimizations

To maintain service quality, we implement:

• Category cycling - At zoom < 13, showing 4-6 categories every 5 seconds
• Viewport-based rendering - Only loading markers in visible area + 20% buffer
• Performance mode - Disabling animations when >100 markers visible
• Debounced handlers - Delaying map events to reduce server load

11. Termination

11.1 By User

You can terminate your account at any time by:

• Using the account deletion feature in the app (My Portal → Settings → Delete Account)
• Contacting our support at info@bywolff.dev

11.2 By ACTIVA

We reserve the right to terminate your access for:

• Violation of these Terms of Service
• Fraudulent or illegal behavior
• Prolonged inactivity (24+ months for free accounts, 12+ months warning for B2B)
• Service abuse (excessive API calls, scraping, hacking attempts)
• Uploading inappropriate or copyrighted content
• Misuse of B2B privileges

11.3 Consequences of Termination

• Access to the Service is immediately revoked
• Saved data is deleted according to our retention policy:
  • Account data: within 24 hours
  • Saved spots/events: within 24 hours
  • B2B venue content: remains public (linked to venue, not account)
  • Events created: remain visible but creator info anonymized
  • Backups: overwritten within 30 days
• Paid subscriptions are not pro-rated unless legally required
• Right to request data export before deletion (GDPR Art. 20)

12. Changes to the Service

12.1 Updates and New Features

We reserve the right to:

• Add new features (analytics dashboard, user reviews, social sharing, push notifications)
• Modify or remove existing features
• Adjust the user interface
• Change prices and plans
• Update algorithms and performance optimizations

12.2 Notification of Changes

Significant changes will be announced via:

• Email to registered users (at least 14 days before implementation)
• In-app notifications
• Website announcements

Communication Channels:

• B2B accounts - Automated email notifications in your preferred language for registration confirmations and approval updates
• All users - Important service updates and feature announcements via email

12.3 Beta Features

We may offer beta features that:

• Are opt-in only
• May be unstable or incomplete
• Can be discontinued without notice
• Require separate consent if collecting new data

10. ACTIVA Gold Membership

10.1 Eligibility

ACTIVA Gold membership is available to B2B venue owners who have completed:

• Verified Wise business account (required for payment compliance)
• Stripe Connect onboarding (payment processing)
• Active B2B venue ownership in ACTIVA

10.2 Gold Features

ACTIVA Gold members gain access to:

• Order Management - Accept online orders for pickup or delivery (venue provides own delivery service)
• Ticket Sales - Sell event tickets directly through ACTIVA with instant payment processing
• Stripe Payments - Process payments directly to your Stripe account
• Advanced Dashboard - Full control with refunding, invoicing, and insights
• Priority Support - Dedicated support channel (coming soon)

10.3 Payment Processing Model

ACTIVA facilitates payments through Stripe Connect but does NOT sell products or services. All payments go directly from customers to YOUR Stripe account. YOU (the venue owner) are the merchant of record for all transactions.

ACTIVA is NOT responsible for:

• Service quality at your venue
• Product delivery or fulfillment
• Refunds or chargebacks (YOUR responsibility)
• Payment disputes between you and customers
• Venue cancellations or changes
• Order accuracy or customer satisfaction

10.4 Stripe Fees & Payouts

All payment transactions are subject to Stripe's standard fees:

• EEA transactions: 1.4% + €0.25 per successful charge
• Non-EEA transactions: 2.9% + €0.30 per successful charge
• Currency conversion: Additional 1% for non-EUR transactions
• Chargeback fees: €15 per chargeback dispute

ACTIVA does NOT charge additional fees on top of Stripe's standard rates. All fees are deducted by Stripe before payout to your account.

Payout schedule: Determined by Stripe (typically 2-7 business days after successful payment). ACTIVA has no control over payout timing.

10.5 Refunds & Chargebacks

Refund Process:

1. Customer contacts YOU directly for refund request
2. YOU decide whether to approve refund (based on your refund policy)
3. YOU process refund through YOUR Stripe dashboard
4. Stripe returns funds to customer (minus fees)

ACTIVA has NO authority to approve or process refunds on your behalf.

Chargeback Process:

1. Customer disputes charge with their bank/card issuer
2. Stripe notifies YOU of chargeback dispute
3. YOU provide evidence to Stripe (receipt, communication, proof of service)
4. Stripe mediates dispute with card issuer
5. YOU bear chargeback fee (€15) regardless of outcome

Excessive chargebacks may result in Stripe account suspension (determined by Stripe, not ACTIVA).

10.6 Payment Disputes

For payment-related issues, customers should:

1. Contact venue owner directly (primary resolution method)
2. Contact Stripe support (if venue unresponsive after 7 days)
3. Bank chargeback (last resort, through card issuer)

ACTIVA does NOT mediate payment disputes. All disputes are between customer, venue owner, and Stripe.

10.7 Wise Account Requirement

Wise business account verification is required for Stripe Connect compliance in Curaçao. Wise performs:

• KYC (Know Your Customer) verification
• AML (Anti-Money Laundering) compliance checks
• Business registration validation

ACTIVA delegates KYC/AML compliance to Wise. If Wise rejects your business verification, you cannot activate ACTIVA Gold.

10.8 Pricing & Subscription

Current Pricing: ACTIVA Gold is currently FREE during the introductory period.

Future Pricing: Pricing may be introduced in the future. You will be notified at least 30 days before any charges apply. You may cancel Gold membership at any time before charges begin.

10.9 Liability Limitation (Gold Members)

Maximum ACTIVA liability for Gold members:

• Free Gold period: €0 (no fees paid, no liability)
• Paid Gold period: Amount paid in last 12 months (subscription fees only, NOT transaction amounts)

ACTIVA is NOT liable for:

• Stripe account suspensions or terminations
• Payment holds or delays imposed by Stripe
• Chargeback disputes or financial losses from chargebacks
• Wise account verification failures or delays
• Lost revenue due to service downtime (Stripe, Wise, or ACTIVA)
• Customer complaints about product/service quality

10.10 Termination of Gold Membership

By You:

• Cancel anytime via Venues Dashboard → Settings → Cancel Gold
• Existing Stripe and Wise accounts remain active (managed independently)
• ACTIVA only removes integration link (you keep your accounts)
• No refunds for partial months (if paid subscription)

By ACTIVA:

• Violation of Terms of Service
• Fraudulent activity or excessive chargebacks (as determined by Stripe)
• Misuse of payment features (fake tickets, misleading prices)
• Account suspension results in immediate Gold termination

Upon Termination: Payment processing stops immediately. Pending payouts from Stripe will still be processed according to Stripe's schedule.

13. Applicable Law and Dispute Resolution

13.1 Applicable Law

These Terms are governed by Dutch law.

13.2 Jurisdiction

All disputes will be submitted to the competent court in the Netherlands.

13.3 Dispute Resolution Process

Before taking legal action, we request that you:

1. Contact our support at info@bywolff.dev
2. Allow 30 days for a mutual solution
3. Consider mediation if direct negotiation fails
4. Only then proceed with formal legal proceedings

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and ACTIVA.

14.2 Severability

If any provision of these Terms is declared invalid, the remaining provisions remain in effect.

14.3 No Waiver of Rights

Failure to exercise a right does not constitute a waiver of that right.

14.4 Assignment

You may not transfer your rights under these Terms. ACTIVA may transfer its rights upon merger or acquisition.

14.5 Language

These Terms are drafted in English as the international standard. A Dutch version may be available upon request.

15. Contact and Support

16. Special Terms for B2B Users

16.1 B2B Account Application

To obtain a B2B account:

• Submit request via Login Modal → Business Account
• Provide: first name, last name, company name, venue selection
• Wait for admin approval (typically within 5 business days)
• Age verification: 18+ required (verified via Chamber of Commerce registration)

16.2 B2B Privileges and Responsibilities

B2B users can:

• Edit venue information - Description, phone, opening hours
• Upload photos - Max 6 per venue, auto-compressed, EXIF data removed
• Create events - Public events linked to venue
• Access venue dashboard - Via /venues route

B2B users must:

• Provide accurate and truthful information
• Only upload photos they own or have rights to
• Not impersonate other businesses
• Comply with all content guidelines
• Understand uploaded content remains public even after account deletion

16.3 B2B Account Downgrade

To downgrade from B2B to Free:

• Contact info@bywolff.dev
• Venue link will be removed
• Uploaded content remains public (linked to venue)
• No refunds (currently free service)

17. Technical Specifications and Limitations

17.1 Browser Compatibility

ACTIVA is optimized for:

• Chrome/Edge (latest 2 versions)
• Safari (latest 2 versions)
• Firefox (latest 2 versions)
• Mobile browsers (iOS Safari, Chrome Mobile)

17.2 Data Limits

• Saved spots - Unlimited for all users
• Saved events - Unlimited for all users
• Personal notes - 500 characters per item
• Venue photos - 6 per venue (B2B), auto-compressed
• Events - Auto-deleted 7 days after end date

17.3 Geographic Restrictions

• Map bounds restricted to Curaçao (11.70-12.70 lat, -69.50--68.40 lng)
• Minimum zoom level: 11 (prevents zooming out beyond Curaçao)
• Maximum zoom level: 18 (street level detail)

18. Data Backup and Recovery

18.1 Our Backup Policy

• Automatic daily Firestore backups (Google Cloud managed)
• Point-in-time recovery up to 7 days
• Firebase Storage multi-region replication
• Cloud Run auto-scaling for high availability

18.2 Your Responsibility

• We recommend periodically exporting your saved data
• Use GDPR data portability right (Art. 20) to request JSON export
• We are not liable for data loss due to user error or account deletion

19. Compliance and Certifications

19.1 Regulatory Compliance

ACTIVA complies with:

• GDPR - General Data Protection Regulation (EU)
• ePrivacy Directive - Cookie and tracking regulations
• Dutch Personal Data Protection Act
• Google Maps Platform Terms of Service

19.2 Infrastructure Certifications

Our hosting providers (Google Cloud) maintain:

• ISO 27001, 27017, 27018 certification
• SOC 2/3 compliance
• EU Standard Contractual Clauses (SCCs)
• EU-US Data Privacy Framework participation

20. Document Changes

Recent updates:

• November 7, 2025 - Added B2B email notification system details, corrected photo upload limit to 4, enhanced communication channel descriptions
• October 27, 2025 - Initial comprehensive Terms of Service

© 2025 ACTIVA - Discover Curaçao. All rights reserved.
Operated by By Wolff (KVK: 93964323)