Terms of use

These terms govern the use of Waypeak (the website waypeak.app and the Android app) and the purchase of Waypeak Plus, Family and Plus Lifetime. This is a translation; if the versions differ, the German version applies.

1. Provider and scope

Waypeak is operated by Miguel Garcia Müller, sole proprietorship, Montfortweg 7, 9470 Buchs SG, Switzerland, [email protected] (“we”). By registering, you accept these terms. Sections 7 to 9 also apply to paid offers. How we handle your data is described in the privacy policy.

2. Account and minimum age

You must be at least 16 years old to open an account. If you are not yet of age, you need the consent of your parents or legal guardian for paid offers. Your details must be correct. Keep your password secret; you are responsible for what happens through your account. One account per person; accounts cannot be transferred.

3. Free use

Waypeak’s basic features are free and available worldwide. Free accounts show labelled partner offers (“Ad · Partner”). There is no entitlement to particular free features or limits; we may develop, change or discontinue them. Credit from invitations (e.g. 1 month of Plus) is a voluntary bonus with no cash value and is not paid out.

4. Your content

Your photos, texts, notes and documents remain yours. You only grant us the rights we need to run Waypeak for you: store, back up and technically process content (e.g. resize, remove metadata, create PDFs) and show it to the people you choose (only you, friends, family or public). These rights end when you delete the content or your account; backups are then overwritten on rotation. Only upload content you have the necessary rights to and that does not infringe the rights of others (e.g. their right to their own image).

5. Rules for content and conduct

In particular, the following is not allowed:

6. Reporting, removal, suspension

You can report people and content directly in the app via “Report” and block people. You can also report infringements by email to [email protected]; please state which content it is (link or description) and why it is unlawful. We review reports as quickly as possible. If content violates the law or these terms, we may remove it or hide it and, for serious or repeated violations, suspend the account temporarily or permanently. We inform you of such a decision and the reasons where possible and permitted. If you disagree, contact [email protected] and we will review the case again.

7. Paid offers: Plus, Family, Lifetime

7.1 Who can buy

The paid offer is currently aimed at people resident in Switzerland or Liechtenstein. Your billing address must be in one of these countries. If it is elsewhere, we cancel the purchase right after payment, end any subscription and refund the full amount. The free features remain available worldwide. You cannot buy anything in the Android app; a plan bought on waypeak.app also applies there.

7.2 Prices

All prices are final prices in Swiss francs. What Free, Plus and Family include is shown on the plan page at the time of your purchase.

7.3 Contract and payment

You choose an offer on the plan page and pay through our payment provider Stripe (currently by card). By clicking the pay button at Stripe, you conclude the contract with us; your plan starts immediately – with a free trial (section 8) already during the trial. We confirm the purchase on the plan page and by email. You enter your card details directly at Stripe; we never see them.

7.4 Term, renewal and reminder

Subscriptions renew automatically for the same term (month or year) until you cancel. The price is charged to your saved payment method at the start of each period; with a free trial, for the first time when the trial ends. 2 days before a free trial ends, we send you a reminder by email with the date, the price and how to cancel. Before every renewal of a yearly subscription (Plus yearly, Family) we send you a reminder by email 7 days in advance with the date, the amount and how to cancel.

7.5 Cancellation

You can cancel a subscription at any time under Settings → “Manage subscription”, effective at the end of the current period. You keep your plan until then; there is no pro-rata refund (subject to sections 8 and 9). You can undo the cancellation until the end of the period.

7.6 Switching plans

You can switch between Plus monthly, Plus yearly and Family. The switch takes effect immediately: you receive a pro-rata credit for the remaining time of your previous plan, the new plan is charged pro rata, and we charge the difference immediately. Any credit balance is set off against your next payments. When switching between monthly and yearly, a new period starts on the day of the switch. A switch during the free trial ends the trial immediately; the new plan is then charged in full.

7.7 Payment problems

If a charge fails, Stripe retries for a few days and we ask you to update your payment method. Your plan stays active for at most 14 days after the due date; after that you use Free until the payment succeeds.

7.8 Price changes

We may change subscription prices for future periods. We inform you by email at least 30 days before the change takes effect. The new price applies from the first renewal after that notice period. If you do not agree, you can cancel beforehand. The price of Plus Lifetime does not change after purchase.

7.9 Family and Lifetime

Family: Whoever subscribes to Family founds a family and can invite up to 4 more people with their own Waypeak account. As long as the Family subscription is active, all members have the Plus features. If the subscription ends or a member leaves the family, Plus ends for that member (unless they have their own plan). Payment is made only through the founder’s account.

Plus Lifetime: You pay once and have Plus for your account with no expiry date for as long as we operate Waypeak. Lifetime is tied to your account and cannot be transferred; Family is not included. If a Plus subscription is still running when you buy, we end it automatically so you do not pay twice; there is no pro-rata refund for the remaining subscription time. You must cancel a Family subscription yourself first. Should we discontinue Waypeak, we will announce it at least 3 months in advance. If you bought Lifetime in the 24 months before the discontinuation, we refund the purchase price pro rata for the months missing up to 24 months after the purchase.

7.10 End of a plan

When a plan ends, you automatically return to Free. Nothing is deleted: your trips, photos and data are kept. The Free limits apply again to new content (currently 10 images per stay and post), and Plus features are no longer available.

7.11 Gifting Plus (gift codes)

You can buy one year of Plus (CHF 18.00) or Plus Lifetime (CHF 62.50) as a gift. This is a one-time payment, not a subscription; 7.1 and 7.3 apply to the purchase. After payment you get a personal gift code, a link and a gift card to download or print. If you like, we e-mail the card to the person you are giving it to on a day you choose, together with your message.

8. 7-day free trial and 7-day money-back guarantee

Free trial (Plus monthly and Plus yearly): When you take out Plus monthly or Plus yearly for the first time, you can try Plus free for 7 days. Plus applies immediately. You save a payment method at Stripe when you subscribe; the price of the chosen subscription is only charged when the trial ends, after which the subscription renews as set out in 7.4. We remind you by email 2 days before the trial ends. If you cancel during the trial (Settings → “Manage subscription”), you pay nothing; Plus then ends when the trial ends. The trial is available only once per account, and not if the account has already had a Plus or Family subscription or a trial. So that it cannot be used repeatedly by deleting the account and registering again, we store a non-reversible check value of your email address and your Stripe customer number for this purpose (see the privacy policy). There is no additional money-back guarantee for Plus monthly and Plus yearly.

7-day money-back guarantee (Plus Lifetime and Family): On your first purchase of Plus Lifetime or your first Family subscription, you get the full amount back within 7 days of the purchase without giving reasons. Simply email [email protected] with the email address or username of your account. We refund the amount within 14 days to the original payment method; your plan ends with the refund. The guarantee applies once per account and offer, not to renewals and not to differences charged when switching plans. The trial and the guarantee apply in addition to your statutory rights and does not replace them.

9. Right of withdrawal for consumers in Liechtenstein

In Switzerland there is no statutory right of withdrawal for online purchases; the free trial and the guarantee in section 8 apply there. If you are a consumer resident in Liechtenstein (EEA), you also have the following statutory right of withdrawal. On withdrawal, we do not charge you for the time you have already used your plan, and your right of withdrawal does not expire because your plan starts immediately. For a subscription with a free trial, the withdrawal period runs from the conclusion of the subscription (start of the trial); if you withdraw after the first charge but still within the period, we refund it in full. The 14-day withdrawal period applies even where the guarantee in section 8 is shorter.

Withdrawal notice

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (Miguel Garcia Müller, Waypeak, Montfortweg 7, 9470 Buchs SG, Switzerland, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Your plan ends with the withdrawal.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

10. Availability and liability

We run Waypeak with care, but we cannot guarantee that the app will always run without interruption and free of errors. We are not liable for damage caused by slight negligence, to the extent permitted by law. We are fully liable for intent, gross negligence and personal injury. Users are responsible for the content they upload (photos, texts, comments). For paid offers, any liability is limited to the amount you paid in the last 12 months. Please keep additional copies of important photos and data; with “Download my data” in the settings you can download them at any time as a ZIP file (data in JSON format and photos).

Flight prices, partner offers and travel information (e.g. climate, best time to travel) are non-binding guide values. Bookings with partners are subject to their terms.

11. Deleting your account and end of contract

You can delete your account at any time in the settings (guide: delete account). This removes your content and ends a running subscription immediately; it no longer renews. Amounts already paid, any remaining subscription period and Plus Lifetime are forfeited on deletion without refund (subject to sections 8 and 9 – in that case please contact us before deleting). Export your data first if you want to keep it.

We may suspend or terminate your account for good cause, in particular for serious or repeated violations of section 5 or misuse of payments. If we terminate a paid plan without you having violated these terms, we refund the amount paid for the remaining time pro rata.

12. Changes to these terms

We may amend these terms, for example for new features or changes in the law. We inform you of material changes at least 30 days before they take effect, by email or in the app. If you continue to use Waypeak after they take effect, the new terms apply. If you do not agree, you can cancel your subscription or delete your account beforehand. For periods already paid and for Plus Lifetime, we do not change price or scope to your disadvantage.

13. Applicable law and place of jurisdiction

Swiss law applies. The place of jurisdiction is Buchs SG (District Court of Werdenberg-Sarganserland), unless the law mandatorily provides otherwise. If you are a consumer, you can also sue at your place of residence, and mandatory consumer protection rules and places of jurisdiction of your country of residence (in particular for residents of Liechtenstein) remain reserved. If you have questions or problems, please contact us first; we can usually find a solution quickly.

14. Contact

Miguel Garcia Müller, Waypeak, Montfortweg 7, 9470 Buchs SG, Switzerland, [email protected]. More details in the legal notice.