Terms of Service

Pocket Theatre is operated by:

PLATEIA HABITUAL LDA

Avenida Manuel Violas, 476, São Félix da Marinha, 4410-137 Portugal

NIF: 519005813

Email: info@notbad.show

Phone: +351 915 529 055

In these Terms, “Pocket Theatre”, “we”, “us” and “our” refer to PLATEIA HABITUAL LDA.

The Service is intended for users aged 16 and over.

If you purchase or use the Service on behalf of another person, you confirm that you are authorised to do so and that the person using the Service will comply with these Terms.

The Service is intended for personal, non-commercial use unless we have agreed otherwise in writing.

Pocket Theatre provides location-related audio walking performances that play through a supported web browser.

A tour may include audio, text, images, maps, route instructions, GPS-assisted navigation, interactive elements and other digital content.

Tours can normally be completed in either:

• GPS mode, which uses your device’s location to identify your position and unlock or display relevant stops; or

• manual mode, which allows you to navigate and select stops without sharing your precise location with the Service.

GPS mode is optional. If you do not grant location permission or GPS is unavailable or inaccurate, you can use manual mode.

We may offer a free demonstration containing the first stops or a limited portion of a tour. Unless otherwise stated, a free demonstration may be used once per device. We may use necessary browser storage or a similar identifier to enforce this limit, as described in our Privacy Policy and Cookie Policy.

To use a tour, you need:

• a compatible smartphone with sufficient battery power;

• a currently supported web browser;

• a stable internet connection, unless the relevant tour expressly supports offline use;

• audio output and, where appropriate, headphones; and

• location services and location permission if you choose GPS mode.

Information about any additional compatibility requirements, supported browsers, estimated duration and specific tour requirements will be displayed on the relevant tour or checkout page.

You are responsible for your device, internet connection, mobile-data charges and any third-party equipment you use.

We do not guarantee that the Service will work on obsolete, modified or unsupported devices, operating systems or browsers. If your device satisfies the requirements presented before purchase but the purchased tour does not function because of a problem with the Service, your statutory consumer rights remain unaffected.

The description, price, applicable taxes and access period for a tour are displayed before you place an order.

Unless expressly stated otherwise, prices presented to consumers include VAT and other applicable taxes.

Before completing an order, you will have an opportunity to review the selected tour, price and email address and correct any errors.

An order creates an obligation to pay when you select a button clearly indicating payment, such as “Pay €[amount]” or an equivalent formulation.

Payments are processed by Stripe. We do not receive or store complete card numbers. Stripe’s own terms and privacy information may also apply to its payment processing.

A contract between you and us is formed when: (1) your payment is successfully authorised; and (2) we send an order confirmation or access code to the email address provided.

The confirmation email will contain or link to the applicable Terms and information about your purchase. Please retain it for your records.

If payment is taken but you do not receive an access code or confirmation within a reasonable time, check your spam folder and contact info@notbad.show.

We may refuse or cancel an order before access is supplied where:

• payment has not been authorised;

• the price or product description contained an obvious error;

• we reasonably suspect fraud, misuse or an unauthorised transaction; or

• we cannot supply the tour for an unexpected reason.

If we cancel a paid order before supply, we will refund the amount paid.

The access period and any usage limitations applicable to a tour are shown on the tour or checkout page before purchase and confirmed in your order information.

Access may be linked to the email address or access code associated with the purchase.

When you obtain access to a tour, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use the tour for private, non-commercial listening during the stated access period, subject to these Terms.

This licence does not transfer ownership of the tour or its content to you.

If no specific access period is displayed, access will remain available for a reasonable period appropriate to the nature and intended use of the tour, subject to these Terms and applicable law.

Access codes are intended for the purchaser and members of the private group for whom the relevant purchase was made, where the tour description allows group use.

You must not:

• resell an access code;

• publish it online or make it publicly available;

• use it to provide commercial tours or performances;

• circumvent usage or access restrictions; or

• obtain access through fraud or unauthorised means.

If we reasonably believe that a code has been resold, published, compromised or used fraudulently, we may temporarily suspend it while investigating.

Where misuse is confirmed, we may deactivate the code. We will not deactivate legitimately purchased access without a valid reason, and any action we take will remain subject to your mandatory consumer rights.

If you are a consumer in the European Union or European Economic Area, you normally have the right to withdraw from a distance contract within 14 days without giving a reason.

The withdrawal period begins on the day the contract is concluded.

Immediate supply of digital content: you may ask us to begin supplying the digital content before the 14-day withdrawal period has ended.

Before immediate supply begins, we will ask you to:

• expressly consent to the immediate supply of the digital content; and

• acknowledge that you will lose your right of withdrawal once supply of the digital content begins.

This consent and acknowledgement must be given through a clear affirmative action, such as selecting an unchecked box stating: “I expressly consent to the immediate supply of the digital content and acknowledge that, once supply begins, I lose my 14-day right of withdrawal.”

Starting the paid tour or accessing its paid content after providing that consent will normally constitute the beginning of supply.

If you have not started accessing the paid digital content, you may exercise your right of withdrawal within 14 days by emailing info@notbad.show or using the model form at the end of these Terms.

You do not have to use the model form, but your notice must clearly identify the purchase and state your decision to withdraw.

Where you have a valid right of withdrawal, we will refund the relevant payment no later than 14 days after receiving your notice. The refund will normally be made using the same payment method used for the original transaction, unless you expressly agree otherwise.

Nothing in this section removes any withdrawal right that you retain because the legally required information, consent or acknowledgement was not properly obtained.

We will supply digital content that conforms to the contract and meets the requirements of applicable consumer law, including applicable requirements concerning description, functionality, compatibility, accessibility, continuity, security and updates.

If a purchased tour is not supplied, does not work as described or otherwise fails to conform to the contract, contact info@notbad.show and provide:

• the email address used for the purchase;

• the tour or access code concerned;

• a description of the problem; and

• screenshots or other diagnostic information, where reasonably available.

Where required by law, we will attempt to restore conformity within a reasonable time, free of charge and without significant inconvenience to you.

Depending on the circumstances and applicable law, you may be entitled to:

• restoration of access or correction of the problem;

• a replacement or reissued access code;

• a proportionate reduction in price; or

• termination of the contract and a refund.

We may offer a refund without first attempting correction where the problem cannot be corrected, is sufficiently serious, correction is impossible or disproportionate, or applicable law gives you an immediate right to terminate.

Refunds due following termination for lack of conformity will be made within the period required by applicable law and normally using the original payment method.

These remedies do not apply where a problem is caused solely by:

• a device or browser that does not meet the requirements disclosed before purchase;

• your internet connection or mobile provider;

• your refusal to install or accept a necessary update after being properly informed of its consequences;

• unauthorised modification or misuse of the Service; or

• circumstances unrelated to the Service.

This exclusion applies only to the extent permitted by law and does not affect your mandatory consumer rights.

Walking tours take place in public environments that we do not control. Conditions may change because of traffic, construction, closures, weather, crowds, lighting, public events or other circumstances.

You must exercise reasonable care while using a tour. In particular:

• remain aware of traffic, bicycles, other pedestrians and your surroundings;

• obey traffic laws, signs, barriers and instructions from public authorities;

• keep the audio volume low enough to hear relevant environmental sounds;

• look at the screen only when it is safe to do so;

• do not enter closed, private, restricted or visibly unsafe areas;

• do not continue along a route where conditions appear unsafe; and

• stop using the Service if you need to focus on navigation or immediate hazards.

Audio, maps, GPS prompts and route instructions are informational. They do not override laws, signs, physical barriers, official instructions or your own reasonable assessment of conditions.

GPS and third-party map information may occasionally be delayed, incomplete or inaccurate. If GPS mode suggests an unsafe or inaccessible direction, do not follow it. Move to a safe place and use manual mode or an alternative public route.

We take reasonable care when designing and maintaining tours, but we cannot control temporary changes in public spaces. Nothing in this section excludes liability where an unsafe condition is caused by our negligence or where liability cannot lawfully be excluded.

The Service and its audio, scripts, text, images, graphics, branding, software, route design and other content are owned by us or licensed to us and are protected by intellectual property laws.

The licence granted under these Terms permits private listening by you and, where reasonably appropriate for the purchased tour, members of your private group.

Without our prior written permission, you must not:

• copy, record, reproduce or redistribute a substantial part of a tour;

• make the content publicly available;

• broadcast or commercially perform a tour;

• sell, sublicense or commercially exploit the content;

• remove copyright, trademark or attribution notices;

• reverse engineer or interfere with the Service, except where applicable law expressly permits it; or

• use our content to create a competing or derivative commercial service.

Limited quotations or uses permitted by mandatory copyright exceptions remain unaffected.

“Pocket Theatre” and associated names, logos and branding may not be used in a way that suggests sponsorship, endorsement or affiliation without our permission.

We aim to keep purchased tours available during their stated access periods, but temporary interruptions may occur because of maintenance, security incidents, provider failures or circumstances outside our reasonable control.

We may make updates reasonably necessary to:

• maintain security or compatibility;

• fix errors;

• improve accessibility or performance;

• reflect temporary or permanent route changes;

• comply with law; or

• keep the tour in conformity with the contract.

We will not materially reduce the main functionality of a purchased tour during its access period without a valid reason.

Where a change materially and negatively affects your access or use, we will provide advance information where reasonably possible and any remedy required by applicable law.

If we permanently discontinue a paid tour before the end of its promised access period and cannot provide a reasonably equivalent alternative, we will provide an appropriate refund or other remedy required by law.

We are not responsible for delays caused by events outside our reasonable control, but we will take reasonable steps to reduce their effects. Your statutory rights remain unaffected.

You must not use the Service:

• unlawfully or fraudulently;

• to interfere with its security or normal operation;

• to introduce malware or harmful code;

• to gain unauthorised access to systems or data;

• through automated tools intended to scrape, copy or overload the Service;

• to impersonate another person; or

• in a way that infringes another person’s rights.

We may take proportionate steps to protect the Service, including temporarily restricting access where reasonably necessary to investigate serious misuse or security risks.

We provide the Service with reasonable care and skill.

We do not promise that the Service will be uninterrupted or entirely free from minor errors. GPS signals, mobile networks and third-party map information may be inaccurate or temporarily unavailable.

We are responsible for losses that are a reasonably foreseeable consequence of our breach of these Terms or failure to use reasonable care and skill.

We are not responsible for losses caused solely by:

• your failure to follow reasonable safety instructions;

• your unlawful or negligent conduct;

• incompatible equipment where the relevant requirements were disclosed before purchase;

• your internet or mobile provider; or

• an event outside our reasonable control that we could not reasonably have avoided.

The Service is supplied for private use. Unless we have expressly agreed otherwise, we are not responsible for business losses, loss of profit, loss of revenue, loss of business opportunity or business interruption arising from non-commercial consumer use.

Nothing in these Terms excludes or limits:

• liability for death or personal injury caused by negligence;

• liability for fraud or fraudulent misrepresentation;

• liability for wilful misconduct or gross negligence where it cannot lawfully be limited;

• your rights concerning non-conforming digital content;

• any mandatory consumer right or remedy; or

• any other liability that cannot lawfully be excluded or limited.

Any limitation in these Terms applies only to the extent permitted by applicable law.

Our processing of personal data is described in our Privacy Policy.

Our use of cookies, browser storage and similar technologies is described in our Cookie Policy.

Please review both documents before using the Service.

If you have a complaint, contact us first so that we can try to resolve it:

Email: info@notbad.show

Phone: +351 915 529 055

Please include your purchase email, tour name, payment or access reference and a description of the problem.

Consumers may also submit a complaint through Portugal’s electronic complaints book: Livro de Reclamações Eletrónico, https://www.livroreclamacoes.pt/

A consumer may contact an applicable Portuguese consumer alternative dispute resolution entity.

For disputes within its territorial and subject-matter competence, the relevant entity may include:

CICAP — Centro de Informação de Consumo e Arbitragem do Porto

Rua Damião de Góis, 31 — Loja 6, 4050-225 Porto, Portugal

Phone: +351 225 508 349 · Email: cicap@cicap.pt · Website: https://www.cicap.pt/

Information about other authorised Portuguese consumer dispute resolution entities is available from the Portuguese Directorate-General for Consumers: https://www.consumidor.gov.pt/

For qualifying cross-border consumer disputes within the European Union, assistance may also be available from the European Consumer Centre in the consumer’s country of residence.

Use of an alternative dispute resolution entity is subject to its applicable competence, eligibility and procedural rules.

These Terms and contracts concluded under them are governed by Portuguese law.

If you are a consumer, this choice of law does not deprive you of mandatory protection granted by the law of the country in which you habitually reside.

Nothing in these Terms restricts your right to bring proceedings before any court that has jurisdiction under applicable consumer and procedural law.

The version of the Terms accepted when you purchase a tour will apply to that purchase.

We may update these Terms for future purchases or use of the Service to reflect legal, technical or operational changes. The current version will be published with a revised “Last updated” date.

We will not retroactively make a material change that disadvantages you in relation to a completed purchase unless the change is required by law, necessary for security or permitted under the contract and applicable consumer law.

Where a material change affects an active paid service, we will provide reasonable notice and any rights or remedies required by law.

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply. The affected provision will be interpreted or adjusted only to the minimum extent necessary to make it lawful and enforceable.

Our failure to enforce a provision immediately does not constitute a waiver of that provision or our right to enforce it later.

You may not transfer your contractual rights or obligations to another person without our consent, except where applicable law permits it. We may transfer our rights and obligations as part of a restructuring, merger or transfer of the Service, provided this does not reduce your consumer rights.

These Terms, the order information and the policies expressly incorporated into them form the agreement between you and us concerning the purchased Service.

Questions about these Terms may be sent to:

PLATEIA HABITUAL LDA

Avenida Manuel Violas, 476, São Félix da Marinha, 4410-137 Portugal

Email: info@notbad.show

Phone: +351 915 529 055

Complete and return this form only if you wish to withdraw from the contract and still have a legal right to do so.

To: PLATEIA HABITUAL LDA, Avenida Manuel Violas, 476, São Félix da Marinha, 4410-137 Portugal — info@notbad.show

I hereby give notice that I withdraw from my contract for the following digital content:

Tour or product: __________________________

Order or payment reference: __________________________

Ordered on: __________________________

Consumer’s name: __________________________

Consumer’s email address: __________________________

Consumer’s address, if required for identification: __________________________

Signature, required only if this form is submitted on paper: __________________________

Date: __________________________