End User License Agreement

1. Agreement Overview

This End User License Agreement ("EULA") is a binding legal agreement between you ("User" or "Licensee") and TrekFreely ("TrekFreely") governing your use of the TrekFreely web application, mobile applications, and related services (collectively, "the Software").

By accessing or using the Software, you agree to be bound by this EULA. If you do not agree to these terms, do not use the Software.

2. License Grant

TrekFreely grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for personal, non-commercial purposes in accordance with this EULA. This license is provided at no cost and includes access to all features of the Software without restriction.

3. Restrictions

You agree not to:

• Copy, modify, or distribute the Software or its proprietary components except as expressly permitted.
• Reverse engineer, decompile, or disassemble the Software, except where permitted by applicable law.
• Remove, alter, or obscure any proprietary notices or labels on the Software.
• Use the Software to build a competing service.
• Sublicense, sell, lease, or otherwise transfer your rights to use the Software.
• Use the Software in any manner that could damage, disable, or impair the service.
• Use automated means to access the Software except through published APIs.

4. Open Source Components

The Software may include open source components subject to their own license terms. Where the Software includes open source components, those components are governed by their respective open source licenses, which take precedence over this EULA for those components. A list of open source components and their licenses is available upon request.

5. User Data Ownership

You retain full ownership of all data you submit to the Software, including trip plans, notes, contact information, and messages ("User Data"). TrekFreely does not claim ownership of your User Data. TrekFreely's use of your User Data is limited to what is necessary to operate the Service as described in our Privacy Policy.

You may export your User Data at any time in a structured, machine-readable format. Upon account deletion, your User Data will be permanently removed in accordance with the retention periods in our Privacy Policy.

6. Intellectual Property

TrekFreely retains all right, title, and interest in the Software, including all intellectual property rights. This EULA does not grant you any rights to TrekFreely's trademarks, service marks, or trade names. The Software is protected by copyright laws and international treaties.

7. Data Collection and Privacy

The Software does not transmit telemetry data to TrekFreely by default. The Software does not include advertising SDKs, tracking pixels, or third-party analytics. Data collection is limited to what you explicitly provide and what is necessary to operate the Service. Full details are available in our Privacy Policy.

8. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

TREKFREELY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. TREKFREELY MAKES NO GUARANTEES REGARDING THE ACCURACY OF LOCATION DATA, WEATHER INFORMATION, OR EMERGENCY NOTIFICATIONS.

THE SOFTWARE IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES, PROFESSIONAL SAFETY EQUIPMENT, OR SOUND JUDGMENT IN THE BACKCOUNTRY.

The Software provides informational tools and educational resources only. Any trip plans, safety checklists, weather data, conditions information, or other content generated or displayed by the Software are aids to your own judgment and do not constitute professional safety advice, professional guide services, route-finding services, or emergency response services.

You are solely responsible for your safety decisions when engaging in outdoor activities. You voluntarily assume all risks associated with outdoor recreation, including any risks arising from your use of or reliance on the Software. Creating a trip plan using the Software does not make a trip safe and does not validate the safety of any route, conditions, or activity.

For complete terms regarding assumption of risk and release of liability related to outdoor activities, see our Terms of Service, Section 10.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREKFREELY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY.

BECAUSE THE SOFTWARE IS PROVIDED AT NO COST, TREKFREELY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

10. Termination

This EULA is effective until terminated. You may terminate it at any time by deleting your account and ceasing all use of the Software. TrekFreely may terminate this EULA if you breach any of its terms.

Upon termination, you must cease all use of the Software. Sections 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), and 12 (Governing Law) survive termination.

11. Modifications

TrekFreely may update this EULA from time to time. Changes will be posted on this page with an updated "Last updated" date. Material changes will be communicated via email to users with active accounts. Continued use of the Software after changes constitutes acceptance of the revised EULA.

12. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any disputes arising under this EULA shall be subject to the exclusive jurisdiction of the state and federal courts located in Colorado.

13. Severability

If any provision of this EULA is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

This EULA, together with the Terms of Service, Privacy Policy, and Data Processing Agreement, constitutes the entire agreement between you and TrekFreely with respect to the Software and supersedes all prior communications and agreements.

15. Contact

For questions about this EULA:

• Email: [email protected]

TrekFreely
Colorado, United States