Terms of Service — Landscape.fyi

1. Acceptance of Terms

Landscape.fyi is a product of Pangolin Gears ("Company", "we", "us"). By creating an account or using Landscape.fyi ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. We may update these Terms at any time; continued use after changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 16 years old to create an account and use the Service. By registering, you represent and warrant that you meet this age requirement. If you are under the age of majority in your jurisdiction, you must have consent from a parent or legal guardian.

3. Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Landscape.fyi is not liable for any loss or damage arising from your failure to protect your account.

4. Acceptable Use

You agree not to use the Service to:

Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Impersonate any person or entity, or falsely state or misrepresent your affiliation
Upload content that infringes on the intellectual property rights of others
Engage in spam, unsolicited advertising, or promotional activities
Attempt to gain unauthorized access to other accounts, the platform, or related systems
Use automated tools to scrape, crawl, or download content from the Service without permission

5. Content Ownership

You retain full ownership of the photos, text, and other content ("User Content") you upload to the Service. Landscape.fyi does not claim ownership of your User Content.

6. License Grant to Platform

By uploading User Content, you grant Landscape.fyi a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, distribute, and promote your User Content solely for the purpose of operating, developing, and improving the Service. This license does not transfer ownership of your content and applies only within the context of the Service.

7. Content Review & Moderation

All uploaded content is subject to review by human moderators and/or automated systems. Landscape.fyi reserves the right to reject, remove, or modify any content at its sole discretion and without prior notice. Content may be reviewed for quality, appropriateness, and compliance with these Terms. Moderation decisions are final and not subject to appeal.

8. Content Licensing (Creative Commons)

When you select a Creative Commons license for your photos, you understand that you are granting the public permission to use your work under the terms of that license. Landscape.fyi is not responsible for how third parties use your CC-licensed content. License selections are the sole responsibility of the content creator.

9. EXIF Data & Metadata

When you upload photos, you may optionally share metadata such as camera model, lens settings, location coordinates, and capture time. You consent to the display of any metadata you choose to include. You may opt out of sharing specific metadata fields during upload.

10. No Obligation to Backup

Landscape.fyi is not responsible for backing up, preserving, or restoring your data, including but not limited to photos, account information, saved locations, and preferences. You are solely responsible for maintaining your own copies of any content you upload. We strongly recommend keeping local backups of all original files.

11. Service Availability

The Service is provided on an "as is" and "as available" basis. Landscape.fyi does not guarantee uninterrupted or error-free operation. We may perform maintenance, updates, or modifications that temporarily affect availability. We are not liable for any downtime or service interruptions.

12. Right to Modify or Discontinue

Landscape.fyi reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. This includes changing features, pricing, plan offerings, and any other aspect of the platform. We are not liable for any modification, suspension, or discontinuation.

13. Account Termination & Deletion

We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for conduct that we determine violates these Terms, is harmful to other users or the Service, or for any other reason. You may delete your account at any time through your account settings.

Account Deletion: When you delete your account, (a) any active paid subscription is automatically cancelled via our payment processor, (b) your profile data, saved locations, uploaded photos, and associated metadata are permanently deleted, and (c) any escrowed content is released. Account deletion is irreversible. You may exercise your right to data erasure under applicable data protection laws (see Section 24).

14. Subscriptions & Billing

Paid plans are billed on a recurring basis (monthly or annually) and automatically renew unless cancelled before the renewal date. Prices are subject to change with reasonable notice. All payments are processed securely through Stripe; payment card details are never stored on our servers.

Trial Period: New users may be eligible for a complimentary trial of paid features. Trial periods are limited to one per account and cannot be transferred, extended, or restarted. During the trial, you have access to the same features as the corresponding paid plan. At the end of the trial period, your account will automatically revert to the Free plan unless you subscribe to a paid plan before the trial expires. No payment information is required to begin a trial, and you will not be charged automatically when the trial ends.

Upgrades & Downgrades: When you upgrade mid-billing-cycle, charges are prorated — you pay the difference between your current plan and the new plan for the remainder of the billing period. When you downgrade between paid tiers, the difference is credited to your account. When you cancel (downgrade to Free), your paid features remain active until the end of the current billing period.

Failed Payments: If a recurring payment fails, our payment processor may retry the charge. During this period your subscription status may become past-due, and access to paid features may be suspended until the payment issue is resolved. You can update your payment information through the billing portal at any time.

Promotional Codes: Promotional codes are issued at the sole discretion of Landscape.fyi and grant time-limited access to a specified plan tier. Each code has a defined validity period and usage limit. Promo codes cannot be used by users with an active Stripe subscription, cannot be combined with other promotions, and may be revoked at any time. When a promo code expires, your account will automatically revert to the Free plan.

15. Plan Downgrades & Content Escrow

When you downgrade to a lower plan tier, content that exceeds the limits of your new plan (including but not limited to photos, saved locations, and tracking cards) will be handled according to your choices during the downgrade process:

Keep (Escrow): Excess content enters a 90-day escrow period. During escrow, your content remains publicly visible on the platform and continues to function normally. You retain full ownership and may reclaim your content at any time within the 90-day window by upgrading back to an eligible plan.
Delete: You may choose to permanently delete excess content before the downgrade takes effect. Deleted content cannot be recovered.
License to Platform: You may choose to immediately grant the platform a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content for the purpose of operating the Service. You retain copyright ownership, but may no longer revoke this license.

90-Day Escrow Expiration: If you do not upgrade to an eligible plan within 90 days of the escrow date, you automatically grant the platform a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the escrowed content for the purpose of operating the Service. After this 90-day period, this license grant is final and cannot be revoked. You retain copyright ownership of the content, but the platform's license is permanent. This process is irreversible. We will send you an email notification approximately 14 days before your escrowed content expires, but failure to receive or read such notification does not extend the escrow period.

Right to Deletion: Notwithstanding the license grant above, you may request deletion of any licensed content at any time pursuant to applicable data protection laws (e.g., GDPR right to erasure). However, any use of the content made prior to the deletion request remains valid under the granted license.

16. Refund Policy

If you cancel or downgrade your paid plan within 30 days of your initial subscription purchase, you are eligible for a full automatic refund of your most recent payment. This 30-day refund window applies once per account (lifetime). Refunds are processed automatically via our payment processor and may take 5–10 business days to appear on your statement. After the 30-day window, no refunds will be issued for cancellations or downgrades; your plan access will continue until the end of the current billing period.

Residents of the European Union and United Kingdom benefit from additional protections under the EU Consumer Rights Directive and UK Consumer Contracts Regulations, which may grant a 14-day cooling-off period for digital subscriptions regardless of the above policy.

17. Intellectual Property

You represent and warrant that you own or have the necessary rights to all User Content you upload. You must not upload content that infringes on copyrights, trademarks, or other intellectual property rights of any third party. Landscape.fyi respects intellectual property rights and will respond to valid takedown requests.

18. Limitation of Liability

To the fullest extent permitted by law, Landscape.fyi and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, or loss of profits, arising from your use of or inability to use the Service.

19. Disclaimer of Warranties

The Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Weather forecasts, air quality data, and photography condition predictions are for informational purposes only and should not be relied upon as the sole basis for any decision.

20. Community Guidelines

Users are expected to interact respectfully with others on the platform. Harassment, hate speech, bullying, and any form of discrimination are strictly prohibited. Users may report inappropriate content or behavior; all reports will be reviewed by our moderation team.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Landscape.fyi operates, without regard to its conflict of law provisions.

22. Email Communications

By using the Service, you agree to receive service-related email communications, including but not limited to:

Transactional emails: Account verification, password resets, subscription confirmations, refund notifications, and escrow expiry warnings. These emails cannot be disabled.
Moderation notifications: Approval or rejection of photos and locations you submit.
Weather alerts: Notifications about favorable photography conditions at your saved locations (paid plans only).
Newsletters: Monthly digests featuring community highlights and platform updates.

You may manage your notification preferences in your account settings. Transactional emails required for the operation of your account cannot be opted out of while your account is active.

23. SMS Communications

Landscape.fyi offers SMS-based alerts for golden hour and weather conditions at your saved locations. This service is available to Pro and Pro+ subscribers who opt in by providing and verifying a phone number in their account settings.

Program name: Landscape.fyi Weather & Golden Hour Alerts
Message frequency: Varies based on weather conditions and saved locations; typically 0–3 messages per day when alerts are active.
Message and data rates may apply. Carrier surcharges may also apply. Contact your wireless provider for details about your text messaging plan.
Opt-out: You can opt out at any time by texting STOP to the number from which you received the message. You may also remove your phone number or disable SMS alerts in your account settings. After opting out, you will receive one final confirmation message and no further SMS messages from this program.
Help: For help, text HELP to the number from which you received the message, or contact us at contact@pangolingears.com.
Supported carriers: This program is supported on major U.S. carriers. T-Mobile is not liable for delayed or undelivered messages.

Your phone number is shared only with our SMS delivery provider (Twilio) for the purpose of delivering messages. Your phone number is never shared with third parties for marketing purposes. For more information, see our Privacy Policy.

24. Payment Processing & Data Security

All payment processing is handled by Stripe, Inc. ("Stripe"). Your payment card information is transmitted directly to Stripe and is never stored on Landscape.fyi servers. Stripe processes payments in accordance with PCI-DSS standards. By subscribing to a paid plan, you agree to Stripe's Terms of Service and Privacy Policy. We receive webhook notifications from Stripe to confirm transactions, process refunds, and manage subscription status changes.

25. Data Protection & Privacy Rights

Residents of the European Union, United Kingdom, and other applicable jurisdictions have the right to:

Access: Request a copy of the personal data we hold about you.
Rectification: Request correction of inaccurate personal data.
Erasure: Request deletion of your personal data (GDPR Article 17, "right to be forgotten").
Portability: Request your data in a machine-readable format.

Data deletion requests may be submitted via your account settings or by contacting contact@pangolingears.com. We will process such requests within 30 days in accordance with GDPR requirements. Note that deletion of personal data does not revoke any perpetual content licenses that were granted prior to the deletion request (see Section 15).

26. Contact

If you have questions about these Terms, please contact us at contact@pangolingears.com.