End User License Agreement — Backcountry Beta Web Map

This End User License Agreement ("EULA") applies to the Backcountry Beta website and web map at backcountry-beta.app (the "Service"), operated by Backcountry Beta ("Licensor"). Separate agreements cover the iOS app and the Android app. By accessing or using the Service, you accept this EULA. Licensor reserves all rights in and to the Service not expressly granted to you under this EULA.

a. Scope of License. Licensor grants you a personal, nontransferable, nonexclusive, revocable license to access and use the Service through a web browser for your personal, noncommercial use. You may not redistribute, sublicense, resell, frame, or mirror the Service or any part of it. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service 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 in the Service). You may not scrape the Service, access it with automated tools at volumes beyond normal personal use, or circumvent access controls or subscription gates.

b. Accounts and Subscriptions. Some features require an account, and Pro features require a paid subscription processed by RevenueCat's hosted checkout. You are responsible for the activity that occurs under your account. Subscription terms, renewal, and cancellation are presented at checkout.

c. 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. Licensor may suspend or terminate access to the Service (or any feature) at any time.

d. Backcountry Safety; No Reliance. The Service 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forecasts, slope-angle data, observations, AI-generated summaries and answers, and other content may be incomplete, out of date, or wrong, and must not be relied upon as the basis for decisions that could result in injury or death.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 Service 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.

e. User Content and External Services. The Service may enable access to Licensor's and/or third-party services and websites (collectively, "External Services"), including avalanche forecasts, weather data, and mapping data, and may display content submitted by other users. 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 or user-submitted content, and shall not be liable for them. Data displayed by the Service 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 Service or 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 Service or External Services to harass, abuse, stalk, threaten, or defame any person or entity, and acknowledge that Licensor is not responsible for any such use. By submitting content (observations, trip reports, photos) and marking it shared, you grant Licensor a nonexclusive, worldwide, royalty-free license to host, display, and distribute that content within the Service. 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. 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.

f. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SERVICE 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 SERVICE, 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. 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.

g. 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 SERVICE, 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.

h. 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.

i. Privacy. Licensor's collection and use of personal data in connection with the Service is described in the Backcountry Beta Web Map Privacy Policy at https://backcountry-beta.app/privacy-web.html.

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