Terms of Service

1. Agreement to Terms

By accessing or using Go Trail Tracker ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Go Trail Tracker.

2. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date and may notify you via email or in-app notification. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

3. User Accounts and Data

To use certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration.

4. User Content and License

You retain ownership of all content you submit to the Service, including GPS tracks, photos, videos, comments, and other materials ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Service.

You represent and warrant that: (a) you own or have the necessary rights to submit the User Content; (b) your User Content does not violate any third-party rights, including intellectual property rights; and (c) your User Content complies with these Terms and applicable laws.

5. Third-Party Services and AI Features

Third-Party Integrations: The Service may integrate with third-party services, including mapping providers, weather services, email services (Mailgun), and cloud storage providers. Your use of these third-party services is subject to their respective terms and privacy policies.

AI-Powered Features: The Service includes artificial intelligence features, including but not limited to:

• AI Trail Guide for adventure planning and assistance
• Image recognition for summit, flora, fauna, and cloud identification
• Content generation for adventure descriptions and location information
• Route optimization and suggestion algorithms

AI-generated content may not always be accurate or complete. You acknowledge that AI features are provided "as is" and should be used as a supplement to, not a replacement for, your own judgment and research. We are not responsible for decisions you make based on AI-generated information.

Data Processing for AI: When you use AI features, your input (text, images, location data) may be processed by third-party AI service providers. We take reasonable measures to protect your data, but you acknowledge the inherent risks in transmitting data to third parties.

6. Privacy and Your Rights

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you also agree to our Privacy Policy.

US State Privacy Rights: If you are a resident of California, Colorado, Connecticut, Utah, Virginia, or other US states with comprehensive privacy laws, you have specific rights regarding your personal information:

• Right to Know: You can request information about the personal data we collect, use, and disclose about you.
• Right to Delete: You can request deletion of your personal information, subject to certain exceptions.
• Right to Correct: You can request correction of inaccurate personal information.
• Right to Opt-Out: You can opt out of the sale or sharing of your personal information for targeted advertising.
• Right to Limit Use: You can limit the use of sensitive personal information (e.g., precise geolocation).
• Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

To exercise these rights, please contact us at admin@stay4you.com. We will respond to your request within the timeframes required by applicable law.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights of others
• Transmitting malware, viruses, or harmful code
• Using automated systems (bots, scrapers) to access the Service without permission
• Interfering with or disrupting the Service or servers
• Impersonating another person or entity
• Harassing, threatening, or abusing other users
• Posting false, misleading, or fraudulent content
• Attempting to gain unauthorized access to the Service or user accounts

8. Outdoor Activities and Safety Disclaimer

The Service provides tools for planning and recording outdoor activities. You acknowledge that outdoor activities carry inherent risks, including injury or death. You assume all risks associated with your outdoor activities. The Service does not provide professional advice on safety, weather conditions, or trail conditions. Always check local conditions, follow safety guidelines, and use your own judgment.

9. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Go Trail Tracker and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, though we may retain certain information as required by law or for legitimate business purposes.

11. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any content, including AI-generated content, GPS data, weather information, or user-submitted content.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GO TRAIL TRACKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Go Trail Tracker, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.

13. Dispute Resolution and Arbitration

Informal Resolution: If you have a dispute with us, you agree to first contact us at admin@stay4you.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith.

Binding Arbitration: If we cannot resolve a dispute informally within sixty (60) days, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator and shall take place in a location mutually agreed upon or, if no agreement can be reached, in a location determined by the arbitrator.

Exceptions to Arbitration: Either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or unauthorized access to the Service.

Class Action Waiver: YOU AND GO TRAIL TRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Go Trail Tracker agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Arbitration Fees: If you initiate arbitration, we will pay all AAA filing, administration, and arbitrator fees unless your claim is determined to be frivolous. If we initiate arbitration, we will pay all fees. The prevailing party in arbitration shall be entitled to an award of attorneys' fees and costs, to the extent permitted by law.

Governing Law: These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

14. Children's Privacy

The Service is not intended for users under the age of 13 (or 16 in the European Economic Area). We do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information, please contact us, and we will delete such information.

15. International Users

The Service is operated from the United Kingdom. If you access the Service from outside the UK, you do so at your own risk and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your information to the UK and other countries where we operate.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original provision.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Go Trail Tracker regarding the Service and supersede all prior agreements and understandings, whether written or oral.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Go Trail Tracker
Part of stay4you.com
Email: admin@stay4you.com

Summary of Key Changes (Version 2.0):
• Added comprehensive US State privacy rights disclosures (California, Colorado, Connecticut, Utah, Virginia, etc.)
• Added detailed terms regarding third-party services and AI features, including AI Trail Guide and image recognition
• Updated arbitration and dispute resolution procedures with class action waiver and fee arrangements
• Enhanced liability disclaimers for AI-generated content and outdoor activity risks
• Added data processing disclosures for AI service providers