Terms and Conditions for Haunt
Last updated: May 10, 2026
Please read these terms and conditions carefully before using Our Service.
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Haunt
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Commershill, LLC, 2108 N St, Ste N, Sacramento, CA 95816.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
Website refers to Haunt, accessible from https://www.gethauntapp.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.
To access certain features of the Service, You may create an account using one of the following sign-in methods: Sign in with Apple, Sign in with Google, or email and password. You may also continue as a Guest with limited functionality and no account-level features.
By creating an account, You represent and warrant that:
You must notify Us promptly at [email protected] if You become aware of any unauthorized use of Your account or any other breach of account security. We are not liable for any loss arising from Your failure to comply with these requirements.
We use Firebase Authentication, a service provided by Google LLC, to manage Your sign-in credentials and session. Your password (if You use the email-and-password option) is hashed by Firebase before it reaches Us; We do not see Your password in cleartext. If You sign in with Apple or Google, Apple's or Google's terms also apply to that authentication flow.
You may delete Your account at any time from within the Profile screen of the Application. We may suspend or terminate Your account if You materially breach these Terms, including by attempting to circumvent paid-content restrictions, abusing the Service in a way that affects other users, or violating applicable law.
If You use the Service as a Guest:
The Service offers an auto-renewing subscription ("Haunt Pass") that unlocks the full library of Tour content. Subscriptions are sold, billed, and processed exclusively through the Apple App Store under Apple's standard subscription terms.
Scope of License. We grant You a non-transferable, non-sublicensable, revocable, limited license to use the Application on any Apple-branded products that You own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license is for personal, non-commercial use only. The license is granted to You only and is not transferable; ownership of the Application remains with Us.
Product Claims. We — and not Apple — are responsible for addressing any claims relating to the Application or Your possession and/or use of the Application, including: (i) product-liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer-protection, privacy, or similar legislation; and (iv) intellectual-property claims, which We shall investigate, defend, settle, and discharge as required by the Apple Developer Program License Agreement.
Other Apple terms. These Terms are concluded between You and Us only, not with Apple, and We (not Apple) are solely responsible for the Application and its content. Apple has no obligation to furnish any maintenance or support services for the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price of the Application to You (if applicable); to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Application. You represent and warrant that You are not in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and You are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon Your acceptance, will have the right to enforce these Terms against You as a third-party beneficiary.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
You understand that the Service provides self-guided audio tours of locations associated with hauntings, true crime, and dark or disturbing history. By using the Service, You expressly assume all risks associated with use of the Application and participation in any Tour, including without limitation:
You agree that You will (i) comply with all applicable federal, state, and local laws, including trespass and noise ordinances; (ii) not enter private property or restricted areas referenced or implied by Tour content; (iii) not rely solely on the Application for navigation in any safety-critical situation; and (iv) use Your independent judgment about whether and when to visit any location referenced in the Application. You acknowledge that the list of risks above is not exhaustive.
All Tour content — including audio narration, scripts, text, images, location associations, historical claims, ghost stories, true-crime narratives, and dark-history accounts — is presented strictly for entertainment and informational purposes. We do not warrant the accuracy, completeness, or factual basis of any Tour content. Tour narratives may include legend, folklore, dramatization, allegation, theory, unverified claim, or disputed historical account. No content should be construed as factual assertion, journalistic reporting, legal advice, or professional historical research.
To the maximum extent permitted by applicable law, You irrevocably waive, release, and forever discharge Us and Our affiliates, members, managers, officers, employees, agents, contractors, and licensors from any claim arising out of the risks You have expressly assumed in the "Assumption of Risk" Section above, including physical, navigation, emotional, third-party, property-proximity, and nighttime-use risks that are inherent to self-guided Tour participation. This waiver does not extend to claims arising from Our gross negligence or willful misconduct. If You are a resident of California, You acknowledge that this waiver extends to assumption-of-risk claims You do not know or suspect to exist at the time of release, and You expressly waive — only with respect to those assumption-of-risk claims — the protections of California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
To the maximum extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Us and Our affiliates, members, managers, officers, employees, agents, contractors, and licensors from and against any claim, demand, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) Your breach of these Terms; (b) Your violation of any applicable law; (c) Your violation of the rights of any third party; (d) any injury, damage, or loss caused by Your reckless or unlawful conduct; (e) any dispute between You and any third party encountered through Your use of the Service; or (f) any claim by a property owner or governmental entity arising from Your unauthorized presence at a Tour location. This obligation does not apply to claims arising from Our gross negligence or willful misconduct, and Your aggregate liability under this Section in any twelve-month period is capped at the greater of (i) the total amount You paid Us in subscription fees during that period or (ii) one hundred United States dollars ($100). This Section survives termination of Your account and of these Terms.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us at [email protected]. If the dispute is not resolved within thirty (30) days, the following arbitration and class-action waiver apply.
Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") shall be resolved exclusively by binding individual arbitration administered by JAMS in accordance with its applicable rules and procedures, to be conducted in Los Angeles County, California, or, at the parties' agreement, by videoconference. The arbitration shall be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses — Minimum Standards of Procedural Fairness (the "Consumer Minimum Standards"). The Consumer Minimum Standards apply to all Disputes brought by individuals using the Service primarily for personal, family, or household purposes. We will pay all JAMS filing, administrative, and arbitrator fees in excess of any consumer filing fee required by JAMS (currently capped at $250 under the Consumer Minimum Standards). Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Where another binding arbitration agreement (such as Apple's iTunes / App Store terms, Google's terms applicable to Google Sign-In, or Firebase's terms) governs a particular Dispute or a particular aspect of a Dispute (for example, a billing dispute that arises exclusively from Your relationship with Apple), that other arbitration agreement controls only that Dispute or aspect, and this Section continues to govern any remaining Dispute or aspect between You and Us.
Class action waiver. YOU AND WE EACH AGREE THAT ANY DISPUTE-RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial.
Public injunctive relief — carve-out. Notwithstanding the foregoing, this arbitration agreement does not waive Your right to seek public injunctive relief in a court of competent jurisdiction under California law (including California Business and Professions Code §§ 17200, 17500 and the Consumers Legal Remedies Act), as recognized in McGill v. Citibank, N.A. (2017) 2 Cal.5th 945. If a court of competent jurisdiction determines that the class-action waiver in this Section is unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court; the remainder of this Section shall remain in full force and effect.
Right to opt out of arbitration. You may opt out of this arbitration agreement and class-action waiver by sending written notice of Your decision to opt out to [email protected] within thirty (30) days after first accepting these Terms. The notice must include Your name, a means by which We can contact You (for example, the email address associated with Your account, if any), and a clear statement that You wish to opt out of arbitration. Opting out is effective on receipt and will not affect any other portion of these Terms.
Small-claims carve-out. Notwithstanding the foregoing, either party may bring an individual action in small-claims court for disputes within the court's jurisdiction. A consumer plaintiff may also elect to bring such an action in the federal or state court of the consumer's state of residence.
Governing law for Disputes. These Terms, and any Dispute, are governed by the laws of the State of California, excluding its conflict-of-laws rules. To the extent any Dispute is permitted to proceed in court rather than in arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, except as provided in the Small-claims carve-out above.
The following provisions apply in addition to (and not in limitation of) the foregoing where required by the law of Your state of residence:
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
If you have any questions about these Terms and Conditions, You can contact us:
For questions about subscriptions, refunds, or billing, please first contact Apple Support through Your Apple ID account, since Apple handles all subscription billing and refund decisions. For other questions about the Service, contact Us at [email protected].