End User License Agreement — Backcountry Beta for iOS

Last updated: July 12, 2026

This End User License Agreement ("EULA") applies to the Backcountry Beta application for iPhone and Apple Watch (the "Licensed Application"), published by Backcountry Beta ("Licensor"). Separate agreements cover the Android app and the web map. The Licensed Application is licensed, not sold, to you. Your license is subject to your prior acceptance of this EULA. Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA. "Usage Rules" means the Usage Rules set forth in the Apple Media Services Terms and Conditions.

a. Scope of License. Licensor grants you a nontransferable license to use the Licensed Application on Apple-branded devices that you own or control, as permitted by the Usage Rules. The terms of this EULA govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or permitted by the licensing terms governing use of any open-source components included with the Licensed Application).

b. Termination. This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

c. Backcountry Safety; No Reliance. The Licensed Application provides avalanche, weather, terrain, and related information for general informational and educational purposes only. Backcountry travel is inherently dangerous. Conditions change rapidly; forecasts, slope-angle data, observations, AI-generated summaries and answers, and other content may be incomplete, out of date, or wrong, and must not be relied upon as the basis for decisions that could result in injury or death. The Licensed Application is not a substitute for formal avalanche education, proper equipment, current local information, or your own judgment. You assume all risks associated with backcountry travel.

d. External Services. The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively, "External Services"), including avalanche forecasts, weather data, and mapping data. You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Licensed Application or any External Service, including but not limited to location, weather, and avalanche information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner inconsistent with this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and acknowledge that Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use External Services, you are solely responsible for compliance with applicable laws. Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. Apple-Specific Terms. You and Licensor acknowledge that: (i) this EULA is concluded between you and Licensor only, and not with Apple Inc. ("Apple"), and Licensor, not Apple, is solely responsible for the Licensed Application and its content; (ii) Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application; (iii) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Licensed Application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application; (iv) Apple is not responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including product liability claims, claims that the Licensed Application fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation; (v) in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Licensor, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim; (vi) Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary; and (vii) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

h. U.S. Government End Users. The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Governing Law. Except to the extent expressly provided in the following paragraph, this EULA and the relationship between you and Licensor shall be governed by the laws of the State of Colorado, excluding its conflicts of law provisions. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado, to resolve any dispute or claim arising from this EULA. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this EULA shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country identified below whose law governs: if you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. The United Nations Convention on the International Sale of Goods is specifically excluded from application to this EULA.

j. Privacy. Licensor's collection and use of personal data in connection with the Licensed Application is described in the Backcountry Beta iOS Privacy Policy at https://backcountry-beta.app/privacy-ios.html.

Please address inquiries to david@backcountry-beta.app.