Hiiker's terms of service for the website and mobile apps

Effective date: October 1st, 2024

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Hiiker mobile application (the "Service") operated by Waymarked Trails Ltd ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Hiiker mobile application (the "Service", the "Product").

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.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Personal Use Only

The Hiiker platform is made available for your personal, non-commercial use only. Use of the Hiiker platform to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales is expressly forbidden.

You may not take the results from a Hiiker platform and reformat and display them, or mirror the Hiiker platform home page or results pages on your Web site, or send automated queries to Hiiker platform systems without express permission from Hiiker.

The Hiiker platform shall include within its end user terms of use for the Services a requirement for End Users to be natural Persons and a stipulation that the Services may be used for private, non-commercial uses only.

For the avoidance of doubt, the Grant of Rights hereunder shall not authorize access to the Hiiker platform by End Users in commercial premises or other non-private settings, and the Hiiker platform shall monitor for suspicious activity in respect of the same and enforce the terms of its end user terms of use.

If you wish to make commercial use of the Hiiker platform you must enter into an agreement with Hiiker to do so.

Please contact commercial@hiiker.co for more information.

Data Accuracy

Hiiker makes no warranties, expressed or implied, concerning the accuracy, completeness or suitability of the information and data provided through the Service, and such information and data should not be construed or used as a legal description.

Activities associated with the Hiiker can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that Hiiker cannot and does not assume responsibility for any such personal injury, death, or property damage resulting from your use of the Hiiker.

Hiiker is not responsible for the misuse or misrepresentation of the information and/or data provided through the Service, and any reliance you place on such information and/or data is therefore strictly at your own risk.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Waymarked Trails Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Waymarked Trails Ltd customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Waymarked Trails Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Waymarked Trails Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Waymarked Trails Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

By default, all maps are not automatically included in your PRO+ subscription. In order to activate a particular map for your PRO+ subscription, simply view the map on the HiiKER application

An annual subscription on HiiKER entitles the user to individual 12 months of PRO+ access. If the user does not access their PRO+ entitlements in any given month, they will forgo the subscription for that month. Users can reactivate their subscription at any point within their 12 month access period. Unused access is non transferable.

Fee Changes

Waymarked Trails Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Waymarked Trails Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Waymarked Trails Ltd on a case-by-case basis and granted in sole discretion of Waymarked Trails Ltd.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You may be able to control the visibility of certain categories of user content in accordance with the functionality of the Products, either through the settings of the pieces of content or at the time you upload, share, or otherwise make available such User Material. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

User Profiles and Public Content

Our Service provides users with the ability to create and share user profiles, reviews, comments, publicly created hikes, and hike recordings (“User Profiles”). By creating and sharing User Profiles, you agree to the following terms regarding public visibility and data sharing:

Public Visibility of User Profiles: By creating a user profile, you understand and agree that certain parts of your profile, including but not limited to your username, profile picture, reviews, public planned routes, and public hike recordings, may be visible to other users and the public through the Hiiker platform and website. You can manage the visibility of certain content you upload (such as hikes or recordings) through your account settings and the settings on individual activities.

User Control Over Content: You have control over the visibility of specific content, such as your recorded hikes or planned trails, and may choose to share such content publicly or keep it private. However, certain features, such as reviews left on the website, are publicly visible by default and may be linked to your profile.

Data Sharing and Privacy: By making parts of your user profile and hikes publicly available, you consent to other users viewing, sharing, and interacting with your content according to the functionality of the Service. We encourage users to exercise caution when sharing personal information in any public setting on the platform.

Content License: When you make any content publicly available (including hikes, recordings, and reviews), you grant Waymarked Trails Ltd. a non-exclusive, worldwide, royalty-free license to use, modify, display, reproduce, and distribute such content on the Service for purposes related to the functionality of the Service.

Third-Party Access: Public content on your User Profile may also be accessed by third parties, including search engines, which may index your profile information, hikes, and reviews. Waymarked Trails Ltd is not responsible for any third-party use or access of public content shared on the Service.

Content Moderation and Removal: We reserve the right to remove or modify any content that violates these Terms or applicable laws, or for any other reason at our sole discretion. You may request removal of public content from your profile by contacting our support team.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of customer-support@hiiker.co and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Waymarked Trails Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Waymarked Trails Ltd.

Access to thrid party map layer content

Our mobile application provides access to map layers from various external mapping providers. We have commercial agreements with these map providers to offer you access to their content. However, it is important to understand that we cannot guarantee perpetual access to specific map layers.

The availability of map layers is subject to the terms and conditions set forth by the respective mapping providers. While we strive to maintain access to these map layers, it is possible that a mapping provider may decide to withdraw or modify their content, which could impact our ability to provide access to certain maps.

We will make reasonable efforts to update our services in the event of any changes or disruptions in the map layers. However, please be aware that these changes may be beyond our control. In such cases, we will work to find alternative solutions or negotiate new agreements with other mapping providers to ensure continued access to map layers.

By using our mobile application, you acknowledge and understand that the availability of specific map layers is contingent upon the commercial agreements we have with external mapping providers, and we cannot be held responsible for any disruptions or discontinuation of specific map layers.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Waymarked Trails Ltd.

Waymarked Trails Ltd has 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 Waymarked Trails Ltd 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Waymarked Trails Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Waymarked Trails Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

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 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 Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.