Last updated: September 7, 2026
These Terms of Use ("Terms") are an agreement between you and BEspark LLC ("we", "us") governing your use of the Our Places mobile application (the "App"). By tapping to accept these Terms, or by downloading or using the App, you agree to them. If you do not agree, do not use the App.
These Terms include an arbitration agreement and class-action waiver (Section 13) that affect how disputes are resolved, and a limitation of liability (Section 8). Please read them.
We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service. This license is for personal, non-commercial use.
The App is an early-stage product under active development. Features may change, be removed, or not work as intended. While we take care to protect your saved content, you should not rely on the App as the sole copy of information that is important to you. We recommend keeping backups of anything irreplaceable.
You retain all rights to the content you create in the App (places, notes, photos). Your content is stored on your device and in your personal iCloud account; we do not receive or store it. You are responsible for the content you save and share, and for ensuring you have the right to use any photos you add.
The App lets you share a map with other people through Apple's iCloud sharing. Each map is shared separately. People you invite can view and edit that shared map, including places, notes, and photos on it. You are responsible for choosing whom you share with, and each participant is responsible for their own content and edits. You can stop sharing at any time via the App or iCloud settings.
Sharing is private and invite-only: content is visible only to people you personally invite, and we have no ability to see, moderate, or remove it. If someone adds content to a shared map that you find objectionable, you can remove it, remove that person, or stop sharing the map. If you believe content shared with you is unlawful, please stop sharing and contact us at hi@bespark.net.
You agree not to use the App for any unlawful purpose, not to attempt to reverse engineer or interfere with the App except as permitted by law, and not to use the App to store or share content that is illegal or infringes others' rights.
The App relies on services provided by Apple (iCloud/CloudKit, Apple Maps). Those services are governed by Apple's own terms and may be unavailable from time to time. We are not responsible for the availability or accuracy of Apple's services, including map data, place information, or business hours shown in Apple Maps.
The App is a personal notebook for places you choose to save. It is not a restaurant guide, a recommendation service, or a review platform, and we do not endorse, inspect, verify, or vouch for any business, venue, or location that appears in it. Place names, addresses, coordinates, opening hours, and other business details come from Apple Maps or from what you type in, and may be inaccurate, incomplete, or out of date. The "Pick for us" suggestion is a random choice among places you saved — not advice.
You are solely responsible for your own decisions and safety when travelling to or visiting any place, and for independently verifying anything that matters to you — including hours, prices, accessibility, allergen and food-safety information, and whether an area is safe. Never rely on the App in an emergency or where inaccurate information could cause harm. We are not responsible for anything that happens to you at, or on the way to, a place you found or saved in the App.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEspark LLC AND ITS MEMBERS, MANAGERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) TEN U.S. DOLLARS (US $10).
You agree to indemnify and hold harmless BEspark LLC from claims arising out of your violation of these Terms or your misuse of the App, to the extent permitted by law.
You may stop using the App at any time by deleting it. We may terminate or suspend the App or this license at any time. Sections 3, 6, and 7–16 survive termination.
These Terms are between you and BEspark LLC, not Apple. Apple has no obligation to provide maintenance or support for the App and is not responsible for any product warranties or claims (including product liability, legal compliance, or IP claims). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in an embargoed country and are not on any U.S. Government restricted-party list.
If you have a problem, please email us at hi@bespark.net first. Most issues can be resolved quickly. You agree to give us 30 days from that email to resolve the matter informally before starting any formal proceeding, and we agree to do the same before starting one against you.
Please read this section carefully — it affects how disputes are resolved and limits your rights, including your right to a jury trial and to participate in a class action.
Except as stated below, any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class-action waiver. YOU AND BESPARK LLC 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 preside over any form of class proceeding. If this class-action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) will proceed in court and this arbitration section will not apply to it.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive relief in court to protect intellectual property rights. Nothing here prevents you from reporting a matter to a government agency.
Your right to opt out. You may opt out of this arbitration and class-action waiver section by emailing hi@bespark.net with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, stating your name and the Apple ID email you used. Opting out will not affect any other part of these Terms or your use of the App.
Costs. Because the App is provided free of charge, if you initiate arbitration against us for a claim of US $10,000 or less, we will pay the AAA filing, administration, and arbitrator fees, except where the arbitrator determines your claim was frivolous. Arbitration may be conducted by written submission or telephone/video where the AAA rules allow, and any in-person hearing will take place in the county where you reside or another mutually agreed location.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 13. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in California. Nothing in these Terms deprives you of the protection of mandatory consumer-protection laws of the country or state where you live, or of any rights that cannot be waived under those laws.
We may update these Terms from time to time. Material changes will be reflected by the "Last updated" date above, and where practical we will notify you in the App. Continued use of the App after changes take effect constitutes acceptance. If you do not agree to a change, stop using the App and delete it.
If any provision of these Terms is held unenforceable, the remaining provisions stay in full force, and the unenforceable provision will be modified to the least extent necessary to make it enforceable. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
BEspark LLC — hi@bespark.net