Terms of Service
These Terms of Service ("Terms") govern your use of the Goyova mobile application, the goyova.com website, and related services (together, the "Service") provided by Goyova Pty Ltd (ACN [INSERT ACN]), a company incorporated in Australia.
By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. ABOUT THE SERVICE
Goyova is a mobile application that helps users discover natural events, wildlife migrations, seasonal blooms, celestial phenomena, and other natural spectacles worldwide. Features include:
The Service is provided free of charge and contains no advertising. Goyova earns revenue through optional affiliate links to third-party booking partners (see Section 14).
2. ACCEPTANCE AND CAPACITY
You confirm that:
The Service is not directed at, and not intended for use by, children under 13. The app does not currently include an age gate. If we discover that a user is under 13, we will remove their content and block the device.
3. LICENCE TO USE
Subject to your compliance with these Terms, Goyova grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the Service for your personal, non-commercial purposes on a compatible device that you own or control.
You may not, and may not allow anyone else to:
This licence is granted by Goyova, not by Apple Inc. or Google LLC. Apple and Google have no obligation to provide support, maintenance, warranty, or liability for the Service.
4. ACCOUNTS AND DATA DELETION
Goyova currently has no user account system. You use the Service anonymously, identified only by a random ID generated on your device. There is no signup, login, password, or profile to create.
If we introduce optional accounts in a future release, we will update this section and the Privacy Policy first, and you will need to take an affirmative action to create an account.
4.1 Deleting your data
You can delete your data at any time:
Records we are legally required to retain (such as tax-related affiliate revenue records or device-block records for repeat AUP offenders) are retained for the period required by law. Photos previously promoted as "main event photos" may be retained unless you specifically request removal — see Section 8.4.
5. APP STORE TERMS (APPLE AND GOOGLE)
5.1 Apple App Store
If you downloaded the Service from the Apple App Store, the following terms apply between you and Apple:
5.2 Google Play Store
If you downloaded the Service from Google Play, your use is also subject to Google Play's Terms of Service. You acknowledge that Google LLC is not a party to these Terms and is not responsible for the Service.
6. USING THE SERVICE
You may use the Service only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy (AUP). The full list of prohibited conduct is in the AUP.
7. COMMUNITY CONTENT — OWNERSHIP
You retain full ownership of all photos, comments, visit data, and other materials you submit to the Service ("User Content"). Goyova does not claim ownership of your User Content.
8. COMMUNITY CONTENT — LICENCE TO GOYOVA
8.1 The licence you grant
When you tap "Post report" in the in-app form, after seeing the on-screen notice that your location and date will be visible to all users, you grant Goyova a worldwide, royalty-free, non-exclusive, sublicensable, transferable licence to:
This licence is granted only for the purpose of operating and promoting the Service. It terminates when you delete the User Content (subject to a reasonable period to remove it from backup systems and any sublicences granted in good faith before termination).
8.2 What we will not do
We will not sell your User Content to third parties or use it in paid advertising. Any future commercial licensing of your photos (the planned Contributor Programme, Section 9) requires your separate, explicit consent in a separate agreement.
8.3 Your representations
By submitting User Content, you confirm:
You are solely responsible for your User Content. Goyova is not liable for any User Content submitted by users.
8.4 Photo promotion and removal
If your photo is selected as the main event photo, it will be displayed prominently to all users on the relevant event page. You may request its removal at any time by emailing [email protected]. We will remove it within 30 days. Using "Clear my data" also constitutes a removal request for promoted photos.
9. FOUNDING CONTRIBUTORS PROGRAMME
To recognise early users who help build the community, Goyova operates a Founding Contributors programme. The terms are simple:
Goyova may modify or end the Founding Contributors programme on reasonable notice. Existing badges already granted will not be retroactively removed except for breach of these Terms or the AUP.
10. CONTENT STANDARDS
You agree not to submit User Content that:
The complete list of prohibited conduct is in the Acceptable Use Policy, which forms part of these Terms.
11. REPORTING CONTENT AND TAKEDOWN
11.1 Reporting in-app
Every community post has a "Report / Block" option. Tap it and select a category — Spam, Harassment, Offensive content, Misleading information, or Other. The same categories apply to individual photos via the three-dot menu in the photo viewer. Reports are reviewed within 7 days. Posts reported by three or more unique devices are automatically hidden pending human review, and the author is notified of the most common reason and how to appeal.
11.2 Notice and takedown for intellectual property (DMCA / equivalent)
If you believe content on the Service infringes your copyright, trademark, or other intellectual property right, send written notice to [email protected] with subject "DMCA notice" containing:
- Your name, address, telephone number, and email address
- A description of the work claimed to be infringed
- A description of the allegedly infringing content sufficient for us to locate it (such as a screenshot or post URL)
- A statement that you have a good-faith belief that the use is not authorised by the rights holder, its agent, or the law
- A statement, under penalty of perjury, that the notice is accurate and that you are the rights holder or authorised to act on the rights holder's behalf
- Your physical or electronic signature
We will respond promptly and may remove or disable access to the allegedly infringing content. Repeat infringers will have their devices permanently blocked.
11.3 Counter-notice
If content of yours has been removed and you believe the removal was a mistake or that you have a right to use the material, you may submit a counter-notice to [email protected].
11.4 Notice and action under the EU Digital Services Act
For users in the EU, this Section 11 also operates as our "notice and action mechanism" under Article 16 of Regulation (EU) 2022/2065 (the Digital Services Act). Our single point of contact for DSA notices is [email protected] with subject "DSA notice". We provide a statement of reasons when we remove content or restrict accounts in accordance with Article 17 DSA — for community-reported posts that cross the auto-hide threshold, this statement of reasons is delivered automatically by in-app notification at the time of removal.
11.5 Illegal content (Australia and other jurisdictions)
Illegal content (such as child sexual abuse material, terrorist content, or credible threats) is reported to the appropriate authority. Australian users can also report directly to the eSafety Commissioner.
12. MODERATION, SUSPENSION, AND TERMINATION
Goyova may, in its reasonable discretion and in accordance with applicable law:
Where required by the EU Digital Services Act, the UK Online Safety Act 2023, or comparable law, we will provide an affected user with the reasons for our action and information about how to contest it. You can appeal any moderation decision by emailing [email protected] with subject "Moderation appeal".
Upon termination of your access, your licence to use the Service ends immediately. Sections 7, 8, 13, 15, 17, 18, 19, 23, and 24 survive termination.
13. ACCURACY OF EVENT INFORMATION AND INHERENT RISK
Event information in the Service is provided for general information only. Natural events are inherently unpredictable. We do not guarantee that any event will occur at the described time, place, or intensity, or at all.
You acknowledge that travel to view natural events and wildlife encounters involve inherent risks, which may include weather, terrain, wildlife behaviour, and remote locations. You are solely responsible for your own safety, for assessing local conditions before travel, and for following all local laws, regulations, and guidance. Goyova is not responsible for any travel, financial, safety, health, or other decision you make based on information in the Service.
14. THIRD-PARTY BOOKINGS, AFFILIATE LINKS, AND EXTERNAL CONTENT
The Service displays links to third-party tour operators, accommodation providers, car-hire companies, and external websites, including (without limitation): Booking.com, Expedia, Hotels.com, TripAdvisor, Sixt, Kiwi, GetYourGuide, Trivago, Rentalcars. Curated event photos are sourced from Unsplash, Pexels, Pixabay, Wikimedia Commons, and contributing photographers under their applicable licences (Pexels Licence, Unsplash Licence, CC0, CC-BY, CC-BY-SA). Map tiles are provided by CARTO; place geocoding by OpenStreetMap / Nominatim.
14.1 Affiliate disclosure
Some links are affiliate links. If you tap an affiliate link and complete a booking on the partner's site, Goyova may receive a commission. This does not affect the price you pay. We do not recommend any partner solely because of affiliate revenue.
14.2 Third-party responsibility
Once you leave the Service through a third-party link, the third party's own terms and privacy policy apply. Goyova is not responsible for the content, products, services, pricing, availability, or privacy practices of any third party.
14.3 Photo content credits
Attribution to photographers and sources is shown where required by the applicable licence.
15. INTELLECTUAL PROPERTY
The Service, the Goyova name and logo, the design, source code, original event content and editorial copy, the database structure, and all original content are owned by Goyova or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.
Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, publish, display, perform, modify, translate, transmit, sell, or create derivative works of any part of the Service or our intellectual property without our prior written consent.
16. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT EVENT INFORMATION IS COMPLETE, ACCURATE, OR CURRENT.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOYOVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED AUD $100 (THE SERVICE IS FREE — NO HIGHER AMOUNT HAS BEEN PAID).
Nothing in this section limits liability that cannot be limited under applicable law, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of consumer guarantees under the Australian Consumer Law; (d) liability that cannot be excluded under EU or UK consumer law; or (e) any liability that cannot be excluded under the mandatory law of your country of habitual residence.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Goyova and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
This Section 18 does not apply to the extent the claim arises from Goyova's own negligence or wilful misconduct, or to the extent indemnities cannot be imposed under applicable consumer law.
19. FORCE MAJEURE
Goyova is not liable for any failure or delay in performance arising from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil disturbance, pandemic, government action, internet or infrastructure failures, or actions or failures of third-party service providers.
20. AUSTRALIAN CONSUMER LAW
If you are a consumer as defined under the Australian Consumer Law (ACL), our supply of the Service comes with consumer guarantees that cannot be excluded, including guarantees of acceptable quality, fitness for any disclosed purpose, and that the Service will be supplied with due care and skill.
Nothing in these Terms excludes, restricts, or modifies the application of those guarantees or any other right or remedy you have under the ACL or any other law that cannot be lawfully excluded. To the extent permitted by the ACL, where the Service is not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of a non-excludable consumer guarantee is limited (at our option) to resupplying the Service or paying the cost of having the Service resupplied.
21. EU AND UK CONSUMERS
If you are a consumer in the EU or UK, nothing in these Terms affects your statutory rights under mandatory consumer-protection law. The Service is provided free of charge to consumers; consequently, the EU Directive on Consumer Rights (2011/83/EU) right of withdrawal does not apply.
EU consumers may use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
22. GOVERNING LAW AND DISPUTES
These Terms and your use of the Service are governed by the laws of New South Wales, Australia and the Commonwealth laws of Australia that apply there, without regard to conflict-of-law rules. The courts of New South Wales and the Federal Court of Australia have non-exclusive jurisdiction over any dispute arising under these Terms.
Mandatory local law: If you are a consumer, mandatory consumer-protection laws of your country of habitual residence continue to apply and are not displaced by this clause.
Informal resolution: Before commencing any formal dispute, please first contact us at [email protected]. We will attempt to resolve the dispute informally within 30 days.
23. MISCELLANEOUS
23.1 Entire agreement
These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Goyova regarding the Service.
23.2 Severability
If any provision is held invalid, illegal, or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
23.3 No waiver
Our failure to enforce any right or provision is not a waiver of that right or provision.
23.4 Assignment
You may not assign these Terms without our prior written consent. Goyova may assign these Terms in connection with a merger, acquisition, financing, or sale of assets, on notice to you.
23.5 No third-party beneficiaries
Except for Apple Inc. as expressly stated in Section 5.1, no person who is not a party to these Terms has any right under these Terms.
23.6 Survival
Sections 7, 8, 13, 15, 16, 17, 18, 19, 22, and this Section 23 survive termination of these Terms.
23.7 Electronic communications and signatures
You consent to receive communications from us electronically. Agreements, notices, and other records may be provided electronically and will satisfy any legal requirement that they be in writing.
23.8 Headings
Section headings are for convenience only and do not affect interpretation.
24. CHANGES TO THESE TERMS
We may update these Terms. We will notify you of material changes by in-app notice. Continued use of the Service after the effective date of an updated version constitutes acceptance.
25. CONTACT
Goyova Pty Ltd
ACN: [INSERT ACN]
Email: [email protected]
Postal: [INSERT REGISTERED OFFICE ADDRESS]
Website: goyova.com
Acceptable Use Policy
This Acceptable Use Policy ("AUP") forms part of the Goyova Terms of Service. It sets out what you may and may not do on the Service.
1. PURPOSE
Goyova exists so people can discover natural spectacles and share their experiences responsibly. Conduct that endangers people, wildlife, or the Service itself is not welcome.
2. YOU MAY NOT
2.1 Harm to people
2.2 Discrimination and hate
2.3 Harm to wildlife and environment
2.4 Intellectual property and impersonation
2.5 Deception and abuse of the Service
2.6 Security and technical abuse
2.7 Commercial misuse
2.8 Illegal use
3. REPORTING ABUSE
Tap the "Report / Block" button on any post and select a category, or email [email protected]. For urgent reports involving threats, illegal content, or imminent harm, include "URGENT" in the subject. Australian users may also report directly to the eSafety Commissioner.
4. CONSEQUENCES
Depending on severity, breaches of this AUP may result in:
Where required by the EU Digital Services Act, the UK Online Safety Act, or comparable framework, we will provide you with a statement of reasons and information about how to appeal a decision. Email [email protected] with subject "Moderation appeal".