FATMAP APP END USER AGREEMENT
Last updated: [April 2018]
Welcome to FATMAP.
FATMAP exists to help you find better, safer adventures in the outdoors.
We aim to make your rights and responsibilities with respect to these terms clear and easy to understand. If you have any questions about these terms, you can contact us any time at email@example.com.
1. A few words about safety
1.1. At FATMAP, we put your safety first. Please read these safety warnings carefully.
1.2. Participating in mountain or outdoor sports is potentially dangerous and it is your responsibility to always evaluate the risks of in any particular area or particular conditions. You should never ski, bike or hike outside of your ability or fitness level, or in such places, or in such a way, or at such a speed as to endanger yourself, other mountain users or other people’s property. Your choice to ski, bike or hike on any particular slope or along any particular route is solely your decision and is undertaken at your own risk.
1.3. It is your responsibility to check the weather forecast and safety bulletins such as the avalanche forecast. Always make sure you have the right equipment for the terrain and the conditions, tell people where you are going and always have a back-up plan. The outdoors is a potentially dangerous and dynamic environment and requires you to check the physical conditions on the mountain. We strongly recommend that you are accompanied by a qualified and experienced professional.
1.4. When you are in any resort, national park or outdoor area, familiarise yourself with, and abide by, the rules and regulations at all times.
1.5. You use the FATMAP App at your own risk. The FATMAP App is not a safety device and must not be relied upon as a navigation safety tool. The FATMAP App is for recreational use only. Don’t undertake any outdoor activity with a mobile device in your hand, and only use the FATMAP app while stationary.
1.6. Ultimately, your safety is YOUR responsibility. Be sensible, stay alert and respect the mountain and other people.
2. Scope of these terms
2.4. If you do not agree to the FATMAP End User Licence Agreement, please refrain from using the FATMAP App.
2.5. This EULA is a legal agreement between you and Terrascope Limited and grants you a non-transferable, non-exclusive licence to use the FATMAP App on the basis of this EULA and subject to any rules or policies applied by the App Store where you downloaded the FATMAP App. We remain the owners of the FATMAP App.
3. Notification of changes
3.1 If we make changes to these terms we will update this page, and where appropriate, you may be notified the next time you start the FATMAP App or website.
4. Premium subscriptions
4.1. The basic FATMAP App is free to use.
4.2. FATMAP Premium is available as a 1-month or 12-month subscription. You can subscribe and pay through your iTunes account (iOS users) or through Google Play (Android users).
4.3. To see the current subscription price in your local currency, open the FATMAP mobile app or go to the app store.
4.4. Payment will be charged to your app store account at confirmation of purchase.
4.5. Your subscription will automatically renew and your app store account will be charged unless cancelled at least 24 hours before the end of the current subscription period.
4.6. You can cancel your subscription at any time in your app store settings. You can go there by using the ‘Manage subscription’ link in the FATMAP mobile app. If you cancel your subscription, you will still have access to FATMAP Premium for the remainder of your current subscription term, after which your subscription will not renew and your access to FATMAP Premium will end.
5. Personal Data and your privacy
5.3. In general, we use the information you provide to manage your account and provide the FATMAP service. We never sell or share your personal information with any third party without your explicit consent.
6. FATMAP Guidebook Content
6.1. If you submit adventure content to the public FATMAP Guidebook, you acknowledge that you grant FATMAP non-exclusive, textual, spatial and temporal unlimited right to use the content (e.g. text, images, brand and company logos, videos, audio files or routes) that you provided for this purpose.
6.2. FATMAP is authorized to present, publish, duplicate, distribute or lease the content in any manner, including for marketing purposes.
6.3. If you submit any content you must ensure you are the true owner of the content that you provide and that you do not infringe intellectual property rights of any other individual or organization. You confirm that you have the permission of all people in photos or videos to submit them to FATMAP.
6.4. If you submit any content that is protected under a Creative Commons content licence, you are responsible for tagging the content with the correct and appropriate creative commons licence.
6.5. All content you submit to FATMAP must be legal, honest and not threatening, abusive, offensive, defamatory, racist or objectionable and should not breach any other person’s privacy or cause distress, harm or embarrassment to any other person.
7. Grant and scope of licence
7.1. If you agree to the terms of this agreement, we grant you a non-transferable, non-exclusive licence to use FATMAP. We expressly reserve all other rights.
7.2 You may keep and use the basic FATMAP App for as long as you like. A Premium Subscription varies in length depending on which option you have chosen.
7.3. You may use the FATMAP web app on any web browser. Additionally, you may download the FATMAP mobile app onto any supported Android or iOS mobile device that you own or have permission from the owner to use.
7.4 Your usage of the app is for your personal purposes only.
8. Licence restrictions
8.1. Except as expressly set out in this agreement or as permitted by any local law, you agree:
- not to use the FATMAP App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously;
- not to infringe our intellectual property rights or those of any third party;
- not to transmit any material that is defamatory, offensive or otherwise objectionable;
- not to use the FATMAP App in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not to copy the FATMAP App;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the FATMAP App;
- not to make alterations to, or modifications of, the whole or any part of the FATMAP App, or permit the FATMAP App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the FATMAP App; and
- not to use or copy any of the content from the FATMAP App in breach of the rights of any other users or owners of the content.
9. Limitation of liability
9.1 We only supply the FATMAP App and Premium Features for recreational and private use. You agree not to use the FATMAP App and Premium Features for any commercial, business or resale purposes.
9.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this agreement. We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
9.3 The FATMAP App may contain links to independent third-party websites or third-party Services, for example, weather providers or local avalanche bulletins. Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites.
9.4. While we make all reasonable efforts to ensure that the digital mapping and data content you access in the FATMAP App is up to date and accurate, we cannot guarantee this mapping data and content as we have obtained the information from third parties. Emergency contact information, weather forecasts, avalanche warnings and risk zone information is all obtained from third parties for which we are not responsible.
9.5 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude our liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise.
9.6 Nothing in this EULA shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and
any other liability that cannot be excluded or limited by English law.
10.1 We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within fourteen days after the written notice requiring you to do so; or
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
10.2 On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of the FATMAP App; and
- you must immediately delete or remove the FATMAP App from all of your devices.
11.1 If you wish to contact us in writing you can contact us atTerrascope Limited of Berners House, 47-48 Berners Street, C/O Jag Shaw Baker, London W1T 3NF or firstname.lastname@example.org.
11.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control). If any Event Outside Our Control takes place that affects the performance of our obligations under this EULA: (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11.3 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree to such transfer in writing.
11.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
11.5 Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
11.6 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, this EULA although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. This EULA and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.