Terms of Use
Last updated: January 2025
PLEASE READ THESE TERMS OF USE ("TERMS", "TERMS OF USE", OR "AGREEMENT") CAREFULLY BEFORE USING THE TRAILSIGHT APPLICATION AND WEBSITE. These Terms constitute a legally binding agreement between you ("User", "you", or "your") and TrailSight ("Company", "we", "us", or "our"). By accessing, downloading, installing, or using our mobile application, website located at trailsight.app, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
1. Acceptance and Eligibility
By accessing or using the Services, you represent and warrant that:
- You are at least 16 years of age (or the age of digital consent in your jurisdiction)
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the Services under any applicable law
- You will comply with all applicable local, national, and international laws and regulations
- All information you provide to us is accurate, complete, and current
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Definitions
For the purposes of these Terms:
- "Content" means all text, graphics, images, data, GPX files, maps, elevation profiles, race information, and any other materials available through the Services
- "User Content" means any content you submit, post, or transmit through the Services
- "Subscription" means a paid recurring membership granting access to Premium Features
- "Premium Features" means advanced features and functionalities available exclusively to Subscribers
- "Free Features" means basic features available to all users without a Subscription
- "Third-Party Content" means content provided by third parties, including race organizers, mapping services, and other data sources
3. Description of Services
TrailSight provides an informational platform for trail running enthusiasts. The Services include:
3.1 Free Features
- Basic event discovery and browsing
- Limited race information viewing
- Basic map visualization
- Limited access to elevation profiles
3.2 Premium Features (Subscription Required)
- Unlimited GPX track downloads for GPS devices
- Full access to detailed elevation profiles and statistics
- Advanced interactive maps with waypoints and aid stations
- 3D route visualization
- Offline access to saved routes
- Priority customer support
- Early access to new features
- Any other features designated as Premium
We reserve the right to modify, add, or remove features from Free or Premium tiers at any time without prior notice. Features currently available may be moved between tiers or discontinued entirely at our sole discretion.
4. Subscription Terms and Billing
This section governs all paid Subscriptions to Premium Features.
4.1 Subscription Plans
We offer various Subscription plans (monthly, annual, or other periods as made available). The specific features, pricing, and duration of each plan are displayed at the time of purchase and may change from time to time.
4.2 Billing and Payment
- All Subscriptions are billed in advance on a recurring basis according to your chosen billing cycle
- Payment is processed through Apple App Store or Google Play Store (collectively, "App Stores"), and is subject to their respective terms and conditions
- You authorize us and the applicable App Store to charge your chosen payment method for all fees associated with your Subscription
- All prices are displayed in the currency determined by your App Store and may include applicable taxes
- We reserve the right to change Subscription prices at any time. Price changes will take effect at the start of the next billing cycle following notice
4.3 Automatic Renewal
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL IT BEFORE THE RENEWAL DATE. By subscribing, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each charge, until you cancel.
4.4 Cancellation
- You may cancel your Subscription at any time through your App Store account settings
- Cancellation will take effect at the end of your current billing period
- You will retain access to Premium Features until the end of your paid period
- We are not responsible for charges incurred due to failure to cancel before the renewal date
4.5 Refund Policy
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. Refund requests are handled exclusively by the App Store through which you made your purchase (Apple App Store or Google Play Store), and are subject to their respective refund policies. We have no obligation to provide refunds or credits for partial subscription periods, unused features, or dissatisfaction with the Services. In jurisdictions where mandatory refund rights apply, such rights remain unaffected.
4.6 Free Trials
We may offer free trial periods for Premium Features. At the end of the trial period, your Subscription will automatically convert to a paid Subscription unless you cancel before the trial expires. You are responsible for canceling before the trial ends to avoid charges.
5. User Accounts
Certain features may require you to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your login credentials secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
- Not share, transfer, or sell access to your account
We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice. You may delete your account at any time, but you will not be entitled to any refund for prepaid Subscription fees.
6. Acceptable Use Policy
You agree NOT to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Upload, transmit, or distribute any viruses, malware, or harmful code
- Attempt to gain unauthorized access to our systems, servers, or networks
- Interfere with or disrupt the Services or servers/networks connected to the Services
- Use automated scripts, bots, or scrapers to access or collect data from the Services
- Reverse engineer, decompile, or disassemble any part of the Services
- Remove, alter, or obscure any copyright, trademark, or proprietary notices
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express permission
- Circumvent, disable, or otherwise interfere with security-related features
- Use the Services for any commercial purpose without our prior written consent
- Impersonate any person or entity, or falsely state or misrepresent your affiliation
- Collect or store personal data about other users without their consent
Violation of this Acceptable Use Policy may result in immediate termination of your access to the Services and may expose you to civil and/or criminal liability.
7. Intellectual Property Rights
All intellectual property rights in and to the Services are owned by TrailSight or its licensors.
7.1 Our Intellectual Property
- The Services, including all Content, features, functionality, software, code, design, text, graphics, logos, icons, images, audio, video, and data compilations, are the exclusive property of TrailSight or its licensors
- The TrailSight name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TrailSight. You may not use such marks without our prior written permission
- All rights not expressly granted herein are reserved by TrailSight
7.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include the right to: (a) modify or make derivative works of the Services; (b) use data mining, robots, or similar data gathering methods; (c) download any Content except as expressly permitted; or (d) use the Services other than for their intended purpose.
7.3 GPX and Route Data
GPX files and route data downloaded through the Services are licensed for personal use only. You may not redistribute, sell, or commercially exploit GPX data obtained through the Services. Route data may be derived from multiple sources and may be subject to additional third-party terms.
8. Third-Party Content and Services
The Services may contain Content provided by third parties, including race organizers, mapping services, and other data sources.
- Third-Party Content is provided "as is" without any warranty of accuracy, completeness, or reliability
- We do not endorse, guarantee, or assume responsibility for any Third-Party Content
- Your interactions with third parties (including race organizers) are solely between you and such third parties
- Links to third-party websites or services are provided for convenience only and do not constitute endorsement
- We are not responsible for the availability, accuracy, or content of external sites or resources
Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
9. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAILSIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS
- WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE DURATION OF ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM PERIOD PERMITTED BY LAW.
10. CRITICAL SAFETY DISCLAIMER
TRAIL RUNNING AND OUTDOOR ACTIVITIES INVOLVE INHERENT RISKS INCLUDING SERIOUS INJURY OR DEATH. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- GPX tracks, elevation profiles, and route information are for INFORMATIONAL PURPOSES ONLY and should NEVER be relied upon as the sole means of navigation
- We make NO GUARANTEES regarding the accuracy, safety, or suitability of any route, trail, or race information
- Trail conditions, weather, and other factors can change rapidly and without warning
- You are SOLELY RESPONSIBLE for your own safety, equipment, fitness, and decision-making during any outdoor activity
- You must ALWAYS carry appropriate navigation equipment (maps, compass, GPS device with backup power), emergency supplies, and communication devices
- You must ALWAYS verify race details, registration, dates, routes, and requirements directly with official race organizers
- Information about aid stations, water points, and cut-off times may be inaccurate or outdated
- You should NEVER attempt a route beyond your abilities or without proper preparation
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THESE RISKS. TRAILSIGHT IS NOT A SUBSTITUTE FOR PROPER TRAINING, PREPARATION, AND JUDGMENT.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAILSIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS, OR AFFILIATES (COLLECTIVELY, "TRAILSIGHT PARTIES") BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES
- ANY PERSONAL INJURY, BODILY HARM, OR DEATH ARISING FROM YOUR USE OF THE SERVICES
- ANY DAMAGES ARISING FROM YOUR RELIANCE ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES
- ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- ANY DAMAGES ARISING FROM ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
- ANY DAMAGES ARISING FROM INTERRUPTION OR CESSATION OF THE SERVICES
- ANY DAMAGES ARISING FROM ANY THIRD-PARTY CONTENT OR CONDUCT
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE TRAILSIGHT PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED EUROS (€100).
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRAILSIGHT AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless the TrailSight Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Services
- Your violation of any term of these Terms
- Your violation of any third-party right, including any intellectual property, privacy, or publicity right
- Any User Content you submit through the Services
- Your participation in any trail running event or outdoor activity
- Any claim that your actions caused damage to a third party
- Any dispute between you and another user or third party
This indemnification obligation will survive the termination of these Terms and your use of the Services.
13. Termination
We reserve the right to:
- Suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice
- Modify, suspend, or discontinue the Services (in whole or in part) at any time without liability
- Remove any Content from the Services at our sole discretion
- Refuse service to anyone for any reason at any time
Upon termination: (a) your license to use the Services will immediately cease; (b) you must cease all use of the Services; (c) you will not be entitled to any refund of Subscription fees; (d) Sections 7, 9, 10, 11, 12, 15, and 16 shall survive termination.
14. Modifications to Terms
We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes:
- We will update the "Last updated" date at the top of these Terms
- We may provide notice through the Services or by other means
- Your continued use of the Services after changes constitutes acceptance of the modified Terms
- If you do not agree to the modified Terms, you must stop using the Services
It is your responsibility to review these Terms periodically. Material changes will not be applied retroactively to disputes arising before the change.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.
15.1 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts.
15.2 Jurisdiction and Venue
Subject to any mandatory consumer protection laws in your jurisdiction, you agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in France, and you hereby consent to the personal jurisdiction and venue of such courts.
15.3 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against TrailSight.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and TrailSight regarding the Services and supersede all prior agreements and understandings.
16.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by TrailSight to be effective.
16.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
16.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except as expressly provided herein.
16.6 Force Majeure
TrailSight shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, or failures of third-party services.
17. Contact Information
If you have any questions about these Terms of Use, please contact us:
- Email: contact@trailsight.app
- Subject Line: Terms of Use Inquiry
- Response Time: We aim to respond within 30 days
For legal notices, please include "Legal Notice" in your email subject line.
18. Account Sharing and Misuse
Your TrailSight account is strictly personal, non-transferable, and may only be used by you. Sharing login credentials, access tokens, or subscription benefits with any third party is a material breach of these Terms.
- You may not authorize, facilitate, or knowingly allow any other person to log in to, access, or use your account.
- You must keep your credentials confidential and notify us immediately at contact@trailsight.app if you suspect unauthorized access.
- TrailSight monitors connection signals (including IP addresses, subnet and country distribution, and session patterns) to detect suspected account sharing or fraudulent use, in line with our Privacy Policy.
- If our systems or our team identify activity consistent with account sharing, we may, at our sole discretion and without prior notice: (i) require additional verification, (ii) suspend or terminate your account, (iii) cancel any active subscription or one-time purchase, (iv) refuse future service, and (v) take any further action available under applicable law.
- Any suspension or termination resulting from a breach of this section does not entitle you to any refund, credit, or compensation, whether full or partial.
By continuing to use the Services you acknowledge that detection of account sharing is a legitimate interest of TrailSight and that the measures described above are reasonable and proportionate to prevent abuse of our service and protect our legitimate commercial interests.