Purchases and Subscriptions
10. Purchase Options
The App may offer free features alongside optional one-time purchases, premium content unlocks, and subscription services. Access to premium features depends on successful payment and maintaining an active subscription. All purchases are processed through Apple's App Store or other authorized payment processors. You acknowledge that Apple's terms, billing cycles, subscription renewals, and cancellation policies apply to any purchases made via the App Store.
11. Refunds
Refunds are not automatic. If you believe you are entitled to a refund, you must contact us within ninety (90) days after the date of purchase. We will review requests on a case-by-case basis. Refunds may be granted after mutual agreement. Abuse, fraud, chargeback misconduct, or excessive refund requests may limit your eligibility. Purchases made through Apple may also be subject to Apple's refund policies; please consult Apple's support for details.
12. Subscription Renewal and Cancellation
Subscriptions, if offered, may automatically renew at the end of the billing period. You can manage or cancel subscriptions through your Apple account settings. Cancellation of a subscription will stop the next billing cycle, but you will retain access to premium features until the end of the current period. If your payment method fails, premium access may be suspended until the payment is successfully processed.
Intellectual Property
13. Ownership of Content
The App, including its user interface, design, written content, code, structure, features, and proprietary datasets, is owned and copyrighted by Nathan Sobol, except where otherwise noted. All rights not expressly granted to you are reserved. You may not copy, reproduce, modify, distribute, transmit, publicly display, perform, publish, license, create derivative works from, or sell any information, software, products, or services obtained from the App without prior written consent from Nathan.
14. Third-Party Content
Some mountain photographs and list references used within the App originate from public sources, including Wikimedia Commons and other open repositories. Ownership and licenses for such content remain with their respective owners. We endeavor to include attributions and comply with applicable licenses where required. If you believe your work has been used improperly within the App, please contact us so we can address your concerns.
15. Restrictions
You may not:
- Reverse engineer, decompile, or otherwise attempt to derive the source code of the App;
- Resell, rent, lease or commercially exploit the App or its content;
- Use automated scripts or scraping tools to access or collect data from the App;
- Infringe upon or violate intellectual property rights of Nathan or any third party;
- Use the App in a manner that breaches this Agreement or applicable law.
Accuracy and Service Disclaimers
16. Informational Purposes Only
The App aggregates information about hiking lists, mountains, trails, elevation, prominence, coordinates and related content from public sources and community contributions. While we strive to present accurate and up-to-date information, we do not guarantee that list data, trail data, mountain statistics, weather references, route notes, conditions, or map overlays are complete, current, accurate, or official. The App may contain errors, omissions, or outdated information. Discrepancies may exist between the App and official agencies, clubs, guidebooks, land managers, or government sources. You agree to independently verify critical information with official sources before making decisions.
17. No Professional Advice
The App is provided for informational, educational and entertainment purposes only. It does not constitute professional advice of any kind. It should not be used as a substitute for navigation tools, safety planning, weather forecasting, emergency guidance, or legal or medical advice.
Assumption of Risk and Limitation of Liability
18. Assumption of Risk
Outdoor activities such as hiking, mountaineering and travel carry inherent risks, including but not limited to injury, death, property damage, severe weather, natural hazards, and other dangers. By using the App you acknowledge and assume all risks associated with outdoor activities. You agree that Nathan is not responsible for decisions you make based on App content, including route selection, trail choice, equipment selection or travel plans.
19. Limitation of Liability
To the fullest extent permitted by law, Nathan disclaims all liability for any injury, death, loss, damage, fine, trespass, rescue cost, missed objective or any other consequence arising from your use of or reliance on the App. This includes liability for damages due to inaccuracies in the data, user-generated content, outages, lost progress, corrupted data, failed sync, subscription interruptions, or any breach of warranty. The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
20. Indemnification
You agree to defend, indemnify, and hold harmless Nathan and any related affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of your use of the App, your content, or your violation of these terms or any applicable law.
Outdoor and Hiking Terms
21. Changing Conditions
Trail and route conditions change rapidly due to weather, seasons, wildlife, closures, maintenance, and other factors. Parking availability, access, private land rights, water crossings, avalanche hazards, snow, ice, mud, blowdown, washouts, wildfire and other conditions must be checked independently with official land managers and governmental agencies. The App's information may become outdated immediately. You are solely responsible for assessing conditions, verifying trail closures, obtaining permits, and respecting landowner and government restrictions.
22. Navigation and Safety
Map pins, check-in locations and game-related geolocations are for gameplay or informational reference only and should not be relied upon for real-world navigation or rescue. Always carry proper navigation tools, maps and emergency supplies. Follow official guidance from park, forest, state and local authorities.
23. Preparedness and Lawful Use
Users are solely responsible for their preparedness, safety planning, and lawful use of land. Always plan hikes responsibly, inform others of your plans, carry appropriate gear, and adhere to Leave No Trace principles.
33. Disclaimers Regarding Lists and Clubs
Unless expressly stated, the App is not affiliated with any hiking club, list-certification organization, or governmental agency. List completion tracking within the App is unofficial and for personal enjoyment only. Club organizations are not responsible for App content or your use of it.
Data Sync, Backups, and Device Issues
27. Sync and Data Integrity
If enabled, cloud sync attempts to keep your data consistent across devices. Sync may lag, fail, conflict, overwrite or merge data imperfectly. Local and cloud data may temporarily disagree, and some progression may be lost during network disruptions, device changes, or app reinstalls. We are not responsible for data drift, missing sync, stale state, duplicate entries, or discrepancies arising from these issues.
28. Backups and Restores
We recommend that you manually back up important data such as journal entries or lists through export features (if available). Device backups, restores, reinstalls, sign-outs, or offline usage can affect saved data. We do not guarantee that your data will be preserved.
Third-Party and Platform Dependencies
29. Open Source Libraries and Third-Party Tools
The App relies on open source libraries, Apple frameworks, Firebase, Supabase, Wikimedia Commons content and other third-party services. These services may change or be discontinued at any time. We have no control over their availability or policies.
30. Third-Party Terms
Your use of the App may be subject to additional third-party terms, including Apple's App Store terms, Firebase's terms, and Wikimedia Commons' licenses. You agree to comply with all applicable third-party terms when using the App.
Changes to These Terms
31. Modifications
We may update this Agreement from time to time. When we make material changes, we will update the "effective date" and provide notice through the App, via email, or other reasonable means. Your continued use of the App after any changes constitutes acceptance of the revised terms. If you do not agree to the updated terms, you must stop using the App.
Contact and Support
32. How to Contact Us
For privacy requests, refund requests, copyright concerns, takedown or attribution issues, account deletion requests, legal notices, or other questions, please contact:
Email: [email protected]
Please include sufficient information in your request to allow us to verify your identity and understand your issue.
Governing Law and Miscellaneous
34. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to conflict of law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in New Hampshire for any disputes arising out of or relating to this Agreement or the App, unless applicable law requires otherwise.
35. Limitations Period
Any claim or cause of action arising from or relating to this Agreement must be brought within one (1) year after the cause of action accrues, or such claim or cause of action is permanently barred, unless a longer period is required by law.
36. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
37. Entire Agreement
This Agreement constitutes the entire understanding between you and Nathan regarding the App and supersedes all prior or contemporaneous agreements, representations, or communications, whether oral or written.
38. Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under this Agreement shall not constitute a waiver of that right.
39. Assignment
You may not transfer or assign your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement at any time.
By using the App you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree to these terms, please uninstall the App and discontinue use.