Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Hikepack mobile application and the website https://www.hikepack.earth (the "Service"), operated by Alexandru Tomescu and Alexandru Tudor ("us", "we", or "our").
The Service allows you to download outdoor maps for offline use on your mobile device, and assists you while planning and during a trip.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
1.1) The Service is offered for informational purposes only; we shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any error or omissions in that information.
1.2) The Service, including the information, names, images, pictures, logos and icons regarding or relating to us and/or our affiliates, its products and services (or to third-party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event we or the copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Service or the use or other dealings in the Service.
1.3) If in some jurisdictions we cannot fully decline liability, then the liability is limited by the subscription fee paid by you to us, up to a maximum of 20 EUR.
1.4) We only supply the Service for recreational and private, non-commercial use. You agree not to use the Service and the Pro Pass for any commercial, business or resale purposes.
1.5) Use the Service at your own risk. The Service is not a safety device, is not a navigation device, is not a tool to give precise locations. Hiking, cycling, skiing and other outdoor activities are potentially dangerous and can lead to death in certain circumstances. You should never embark on activities that are outside of your ability.
1.6) It is your responsibility to check for all conditions regarding your trip, including weather, water, food and shelter availability, local laws and regulations.
3.1) The content available in the Service is created from various data sources. The copyright owners of the data are listed on the page corresponding to each map available for download. However, we maintain the copyright of the Service and of the actual data files created by us and available for download in the Service, to the degree permitted by the the license governing each type of data.
3.2) You acknowledge that all intellectual property rights in the Service anywhere in the world belong to, or are exclusively licensed to, us, and you acknowledge that the rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service other than the right to use them in accordance with the terms of these Terms.
3.3) You acknowledge that the Service may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of these Terms.
4.1) The Service offers various outdoor maps for download. We are not guaranteeing the continuous and uninterrupted availability of the download service.
4.2) Once you download a map, you may use it as long as it is stored on your device and you have an app version compatible with the downloaded map.
5.1) We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes them available are free of viruses or bugs.
5.2) Due to technical reasons, in some rare circumstances, the mobile app may be updated (even automatically, if you have so chosen in the device’s operating system settings) and it may be incompatible with the maps you have already downloaded. You agree that in this case you will need to download the maps again from our server, if they are still available. We do not guarantee that the download service is still available during this process.
5.3) From time to time, the entire Service may be updated, and may render the old mobile application versions incompatible with the new Service. In such cases, it is your responsibility to update the mobile application.
6.1) You may purchase a subscription (“Pro Pass”) to access additional features of the Service. Purchasing a subscription on an iOS device is handled by Apple Inc.
6.2) By initiating a purchase operation for a Pro Pass, you agree that you must have an active internet connection for the entire duration of the purchase operation. We try to mitigate loss of connections, but we are not responsible for subscriptions that are paid by you to Apple, but are not registered in the Service because of your internet connection was broken during the purchase operation. We shall not be responsible or liable in any way if, due to errors, power loss or any unforeseen events, the Service will not register your purchase. We will do our best to remedy the issue as soon possible.
6.3) The Pro Pass is valid for the maps you currently have downloaded on your device. You agree that the download service may not be available for the entire duration of your subscription.
6.4) You may use the Pro Pass only on all your personal devices. The Pro Pass is not transferable to other individuals. You may sync the Pro Pass either via your iCloud account, or by creating an account with us, using your E-mail address. In the latter case, your Pro Pass can be active at any given time on at most 3 devices. Logging in via E-mail in on a fourth device may log you out on the first device where you logged in by E-mail.
6.5) You agree not to give your Pro Pass subscription to other individuals. Doing so may lead to the cancellation of your subscription and the cancellation of the Service, as instructed in these Terms.
7.1) Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
8.1) By using the Service, you agree:
9.1) You agree to indemnify and hold us and our affiliates harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Service or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including our affiliates.
10.1) We may terminate these terms immediately if:
10.2) Upon termination for any reason:
11.1) These Terms are binding on you and us, and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under it, without our prior written consent.
11.2) We may transfer, assign, charge, sub-contract or otherwise dispose of this Terms, or any of our rights or obligations arising under it, at any time during the term of these Terms.
12.1) We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 3 days' notice prior to any new terms taking effect. This will be in the form of page/notice/dialog at the launch of the Service. What constitutes a material change will be determined at our sole discretion. It is your sole responsibility to keep the mobile application up to date in order to view these changes.
13.1) All notices given by you to us must be given to email@example.com. If you created an account with Hikepack.earth and have given your E-mail address in our database, we may give notice to you at this E-mail address.
13.2) Any notice will be deemed received and properly served immediately when posted on our website or 24 hours after an E-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an E-mail, that such E-mail was sent to the specified E-mail address of the addressee.
14.1) If we fail, at any time during the term of these Terms, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2) A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15.1) We are not liable for failure to perform our obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. In such circumstances, we may elect to terminate this Agreement with immediate effect without incurring any liability.
16.1) If any of the terms of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.1) These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Service and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2) We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated in these Terms.
17.3) Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18.1) These Terms, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Finnish law (without reference to its conflict of law provisions) and submitted to the non-exclusive jurisdiction of the Finnish courts.
You may contact us at firstname.lastname@example.org