Day Hike Terms of Service
Last Updated: July 18, 2024
1. Introduction
Welcome to Day Hike! These Terms of Service ("Terms") govern your use of the Day Hike mobile application (the "App"), website, and any related technology or software applications provided by Day Hike. By downloading, installing, or using the App, website, or any other Day Hike technology, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App, website, or any other Day Hike technology.
2. User Eligibility
You must be at least 18 years old to use the App, website, or any other Day Hike technology. By using the App, website, or any other Day Hike technology, you represent and warrant that you meet these eligibility requirements.
3. Account Registration
To access certain features of the App, website, or any other Day Hike technology, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
4. User Conduct
You agree not to use the App, website, or any other Day Hike technology for any unlawful or prohibited purpose, including but not limited to:
- Engaging in any activity that violates any applicable laws or regulations.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Posting or transmitting any content that is infringing, defamatory, obscene, or otherwise objectionable.
- Interfering with or disrupting the App, website, or any other Day Hike technology or servers or networks connected to them.
5. Content Ownership
All content provided through the App, website, or any other Day Hike technology, including but not limited to text, graphics, images, and software, is the property of Day Hike or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App, website, or any other Day Hike technology and its content for your personal, non-commercial use.
6. User-Generated Content
By submitting any content to the App, website, or any other Day Hike technology, you grant Day Hike a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the App, website, or any other Day Hike technology and Day Hike's business.
7. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you when you use the App, website, or any other Day Hike technology. By using the App, website, or any other Day Hike technology, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.
8. Location Services
The App, website, or any other Day Hike technology may use location-based services to provide certain features and functionalities. By using the App, website, or any other Day Hike technology, you agree to the collection, use, and sharing of your location data as described in our Privacy Policy. Location data may be used to:
- Provide you with relevant information and recommendations based on your current location.
- Improve the accuracy of the App, website, or any other Day Hike technology's features and services.
- Enable location-based social interactions and sharing with other users.
You can control the App’s access to location services through your device's settings. However, disabling location services may limit the functionality of the App, website, or any other Day Hike technology.
9. Safety and Risk
By using the App, website, or any other Day Hike technology, you acknowledge that hiking and other outdoor activities involve inherent risks, including physical injury or death. You agree to assume all risks associated with such activities and use the App, website, or any other Day Hike technology at your own risk. Day Hike does not guarantee the accuracy, completeness, or safety of any information or recommendations provided through the App, website, or any other Day Hike technology.
When meeting other users or participating in group activities arranged through the App, website, or any other Day Hike technology, you agree to take appropriate precautions to ensure your safety and the safety of others. You acknowledge that meeting other users involves potential risks, and you agree to assume all responsibility for any interactions or activities with other users.
10. Indemnification
You agree to indemnify, defend, and hold harmless Day Hike, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
- Your use or misuse of the App, website, or any other Day Hike technology.
- Your violation of these Terms.
- Your violation of any rights of another person or entity.
- Your conduct in connection with the App, website, or any other Day Hike technology.
You are solely responsible for your interactions with other users of the App, website, or any other Day Hike technology and any content that you post. Day Hike reserves the right, but has no obligation, to monitor or mediate disputes between you and other users.
11. Payments and Subscriptions
Some features or services within the App, website, or any other Day Hike technology may require payment. If you choose to make a purchase or subscribe to any paid services, you agree to provide accurate and complete payment information and to promptly update your account with any changes. Payments may be processed through third-party payment processors, and by making a payment, you agree to their terms and conditions.
11.1 Billing
You will be billed in advance on a recurring basis (such as monthly or annually), depending on the subscription plan you select. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date.
11.2 Cancellations
You may cancel your subscription at any time through the App, website, or any other Day Hike technology or your account settings. If you cancel your subscription, you will continue to have access to the paid services until the end of your current billing period. No refunds will be provided for any unused portion of a subscription.
11.3 Refunds
Except as required by law, all fees paid are non-refundable. However, Day Hike may, at its sole discretion, consider refund requests on a case-by-case basis.
12. Third-Party Services
The App, website, or any other Day Hike technology may contain links to third-party websites or services that are not owned or controlled by Day Hike. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Day Hike shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party websites or services.
13. Termination
We may terminate or suspend your account and access to the App, website, or any other Day Hike technology, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the App, website, or any other Day Hike technology will immediately cease. Additionally, Day Hike reserves the right to revoke access to the App, website, or any other Day Hike technology or any of its features, including user names or entire accounts, at its sole discretion and for any reason.
14. Disclaimer of Warranties
The App, website, or any other Day Hike technology is provided on an "as is" and "as available" basis. Day Hike makes no warranties, express or implied, regarding the operation or availability of the App, website, or any other Day Hike technology, or the accuracy, completeness, or reliability of any content available through them.
15. Limitation of Liability
To the fullest extent permitted by law, Day Hike 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 (i) your use of or inability to use the App, website, or any other Day Hike technology; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App, website, or any other Day Hike technology; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App, website, or any other Day Hike technology by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App, website, or any other Day Hike technology.
16. Privacy and GDPR
Day Hike is committed to protecting your privacy and complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws. We only collect, use, and share your personal data in accordance with our Privacy Policy.
16.1 Data Collection
We collect personal data that you provide to us, such as your name, email address, and location information. We may also collect technical data, including IP addresses, browser types, and usage data, to improve the functionality of the App, website, or any other Day Hike technology.
16.2 Data Use
We use your personal data to provide and improve our services, communicate with you, and comply with legal obligations. We may also use your data for marketing purposes with your consent.
16.3 Data Sharing
We do not sell your personal data. We may share your data with third-party service providers who assist us in operating the App, website, or any other Day Hike technology, and with legal authorities if required by law.
16.4 Your Rights
You have the right to access, correct, or delete your personal data. You can also object to or restrict the processing of your data. To exercise these rights, please contact us at support@dayhike.com.
16.5 Data Security
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.
16.6 International Transfers
Your personal data may be transferred to and processed in countries other than your own. We ensure that such transfers comply with applicable data protection laws and provide adequate safeguards for your data.
17. Marketing
By using the App, website, or any other Day Hike technology, you consent to Day Hike using your data for marketing purposes. This may include using your information to provide you with promotional materials, offers, and other information that may be of interest to you. You may opt out of receiving marketing communications at any time by following the instructions provided in the communications or by contacting us at support@dayhike.com.
18. Beacon Feature
The App includes a feature called "Beacon" that allows you to share your location with other users for social and recreational purposes. The Beacon feature is not intended for emergency situations, precise location tracking, or as a replacement for dedicated safety devices such as avalanche beacons or other tracking safety equipment. By using the Beacon feature, you acknowledge and agree that:
- The Beacon feature may not provide accurate or real-time location information.
- Day Hike is not responsible for any harm, injury, or damages arising from your use of the Beacon feature.
- You should not rely solely on the Beacon feature for your safety or the safety of others.
19. Social Features
The App, website, or any other Day Hike technology may include social features that allow you to interact with other users, share content, and participate in group activities. By using the social features, you agree to:
- Use these features responsibly and respect the rights and privacy of other users.
- Not engage in any harassment, bullying, or other inappropriate behavior.
- Comply with all applicable laws and regulations when using the social features.
You acknowledge that Day Hike does not pre-screen user content and is not responsible for the actions or conduct of other users. Day Hike reserves the right to remove any content or terminate your access to the social features if you violate these Terms or engage in inappropriate behavior.
19.1 Indemnification for Social Issues
You agree to indemnify, defend, and hold harmless Day Hike, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
- Your use of the social features.
- Your interactions with other users.
- Any content you post or share through the App, website, or any other Day Hike technology.
- Any disputes or issues arising from your social interactions through the App, website, or any other Day Hike technology.
20. Reporting Misuse and Emergencies
If you encounter any misuse of the App, website, or any other Day Hike technology, such as inappropriate behavior, harassment, or any other violation of these Terms, please report it to us immediately at support@dayhike.com. We take such reports seriously and will investigate and take appropriate action.
In the event of an emergency, please call 911 or contact your local emergency services. The App, website, or any other Day Hike technology and its features, including the Beacon feature, are not a substitute for emergency services and should not be relied upon in emergency situations.
21. Commercial Use and Professional Services
If you are using the App, website, or any other Day Hike technology to provide guided indoor or outdoor services, you agree to abide by all local, state, federal, or international laws and regulations, and to possess all necessary licenses and permits to provide such services. Users providing or receiving professional services through the App, website, or any other Day Hike technology are encouraged to ask questions regarding a person’s professional status, licenses, and qualifications. Day Hike does not verify the professional status or qualifications of users and is not responsible for any issues arising from professional services offered or received through the App, website, or any other Day Hike technology.
22. Activities and Events
Day Hike may list or produce activities or events for users to participate in. Participation in these activities or events is voluntary and at your own risk. By participating in any activity or event listed or produced by Day Hike, you agree to:
- Assume all risks associated with such activities or events.
- Abide by any rules or guidelines provided for the activity or event.
- Indemnify, defend, and hold harmless Day Hike, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your participation in the activity or event.
23. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Day Hike is based, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.
24. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will 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 App, website, or any other Day Hike technology after those revisions become effective, you agree to be bound by the revised terms.
25. Contact Information
If you have any questions about these Terms, please contact us at support@dayhike.com.
Thank you for using Day Hike!