Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Offline Hiker mobile application ("Offline Hiker" or "the app"). The app is published and operated by the developer identified on the Offline Hiker page in the Apple App Store (referred to in these Terms as "we," "us," "our," or "the developer").

The developer of Offline Hiker is a separate party from Insomnia Technologies LLC, which operates the Offline Hiker website. For information about how the website handles visitor data, please refer to the separate Website Privacy Policy.

By downloading, installing, accessing, or using the app, or by making any in-app purchase within the app, you accept and agree to be bound by these Terms, the App Privacy Policy, and the Refund Policy, each as in effect from time to time. If you do not agree to these Terms, you must not download, install, access, or use the app, and you must delete any copy of the app in your possession.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS, INCLUDING A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, A LIMITATION OF LIABILITY, A DISCLAIMER OF WARRANTIES, AN ASSUMPTION OF RISK, AND AN INDEMNIFICATION OBLIGATION, EACH OF WHICH AFFECTS YOUR LEGAL RIGHTS.

You must be at least eighteen (18) years of age to download, install, or use Offline Hiker. By using the app, you represent and warrant that you are at least 18 years old and that you have the full legal capacity to enter into and be bound by these Terms.

If a person under the age of 18 uses the app, that person may do so only if a parent or legal guardian has reviewed and accepted these Terms on the minor's behalf and supervises the minor's use of the app. The accepting parent or guardian agrees to be bound by these Terms as if they were the user and accepts full responsibility for the minor's use of the app.

You also represent and warrant that you are not located in any country that is subject to a United States Government embargo, that you are not listed on any United States Government list of prohibited or restricted parties, and that your use of the app does not violate any applicable law or regulation.

Offline Hiker is a GPS navigation application designed for personal outdoor use. The app is offered with a limited set of features available at no charge, and offers a single one-time in-app purchase that unlocks additional functionality as described within the app and on the Offline Hiker website.

Subject to your continued compliance with these Terms, the developer grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the app on Apple-branded products that you own or control, solely for your own personal, non-commercial use, and in accordance with the Usage Rules set forth in Apple's Media Services Terms and Conditions and the additional Apple-Specific Terms set out below.

All rights not expressly granted to you in these Terms are reserved by the developer and its licensors. No license or other right in the app is granted to you by implication, estoppel, or otherwise.

Offline Hiker offers a single one-time in-app purchase that unlocks unlimited waypoints in place of the default free limit. All in-app purchases are processed by Apple under Apple's own terms. The developer does not collect or handle your payment information; payment is handled exclusively by Apple.

In-app purchases can be completed only while your device is connected to the internet. The app does not support purchases while offline.

All in-app purchases are subject to the separate Refund Policy. By making an in-app purchase, you agree to be bound by the Refund Policy in addition to these Terms.

You may use the app only for lawful, personal, non-commercial purposes, and only in accordance with these Terms and applicable law.

You agree that you will not, and will not attempt to, and will not permit any third party to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, structure, or organization of the app, except to the extent such restriction is prohibited by applicable law
• Modify, adapt, translate, or create derivative works based on the app or any portion of it
• Remove, obscure, or alter any proprietary notice, label, or mark on or within the app
• Rent, lease, lend, sell, sublicense, distribute, publish, transfer, or otherwise make the app available to any third party
• Use the app for any commercial purpose, including resale, redistribution, or use on behalf of any third party
• Use the app for any unlawful purpose, in support of any unlawful activity, or in any manner that violates the rights of any third party, including rights of privacy, publicity, or intellectual property
• Use any robot, scraper, bot, or other automated means to access, monitor, or interact with the app
• Interfere with, disrupt, or attempt to disrupt the operation, security, or integrity of the app or any related systems
• Attempt to gain unauthorized access to any portion of the app, any account, or any related system or network
• Use the app in any manner that could disable, overburden, damage, or impair the app or interfere with any other party's use of the app

You understand and acknowledge that hiking, backpacking, backcountry travel, and other outdoor activities are inherently dangerous and may result in serious bodily injury, illness, property loss or damage, or death. By using Offline Hiker, you voluntarily and knowingly accept all risks associated with such activities, including but not limited to risks arising from terrain, weather, wildlife, your own physical condition or skill level, the condition or failure of equipment, the accuracy or availability of any navigation tool, and the actions or omissions of yourself or others.

You specifically acknowledge and agree to the following:

• Offline Hiker is a supplemental piece of technology, not a replacement for proper navigation tools, physical maps, a compass, safety equipment, route planning, training, experience, or sound judgment
• GPS accuracy varies and can be materially degraded by device condition, line of sight to the sky, environment, weather, battery state, signal interference, and many other factors outside the developer's control
• It is not recommended, nor is it wise, to rely solely on one method of navigation; you should always carry redundant tools and proper safety equipment
• The app does not provide real-time weather, trail conditions, wildlife alerts, emergency communications, search-and-rescue functionality, or any means of summoning help; it cannot contact emergency services, dispatch responders, or transmit your location to anyone
• In-app purchases cannot be completed while offline; you must be connected to the internet to complete the one-time in-app purchase
• Battery depletion, device failure, software error, satellite unavailability, signal interference, operating-system changes, and many other circumstances can render the app temporarily or permanently unusable at any time, including in situations where you have come to rely on it
• Waypoints and routes are user-created or user-imported; the developer does not curate, verify, or vouch for the accuracy, safety, legality, or suitability of any location, waypoint, or route used in or with the app

You assume full and sole responsibility for your decisions and actions before, during, and after any use of the app, including any decision to begin, continue, or rely on any route, waypoint, or location displayed by the app, and any decision to enter or remain in any environment in which the app is in use. To the maximum extent permitted by applicable law, you release the developer, its officers, directors, employees, contractors, agents, suppliers, and licensors from any and all claims, demands, and causes of action arising out of or related to any such decision or action.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE DEVELOPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

Without limiting the foregoing, the developer does not warrant that the app will meet your requirements; that the app will be accurate, reliable, complete, uninterrupted, timely, secure, or error-free; that any defects will be corrected; that the app or any servers or networks through which the app is provided are free of viruses or other harmful components; that any location, route, waypoint, distance, bearing, elevation, or other information displayed by the app is correct, current, or suitable for any purpose; or that the app is appropriate or available for use in any particular jurisdiction or environment.

You acknowledge that you use the app at your own risk and discretion and that you are solely responsible for any decisions you make based on or in reliance upon the app, and for any damage to your device, loss of data, personal injury, or other harm that results from your use of the app.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the developer's warranties are limited to the minimum scope and duration permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; PERSONAL INJURY OR WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF, INABILITY TO ACCESS, OR INABILITY TO USE THE APP; OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, OR YOUR USE OF, OR INABILITY TO USE, THE APP OR ANY CONTENT OR INFORMATION PROVIDED THROUGH IT, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) ON WHICH THE CLAIM IS BASED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE APP, OR YOUR USE OF THE APP, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE DEVELOPER FOR USE OF THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (US$50).

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations and exclusions may not apply to you in their entirety. Nothing in these Terms is intended to limit or exclude any liability that cannot lawfully be limited or excluded under applicable law, including without limitation any liability for fraud, willful misconduct, gross negligence, or for personal injury or death caused by negligence to the extent such liability cannot be limited under California Civil Code Section 1668.

You acknowledge that the limitations of liability set forth in this section are a fundamental and essential part of the bargain between you and the developer, and that the developer would not be able to provide the app on an economically reasonable basis without these limitations.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the developer, and the developer's officers, directors, employees, contractors, agents, suppliers, and licensors, from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the app or any content displayed by the app; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your violation of any right of any third party, including without limitation any right of privacy, publicity, or intellectual property; and (e) any decision, action, or course of conduct you take while using, or in reliance upon, the app, including without limitation any outdoor activity, hike, expedition, route choice, or navigation decision.

The developer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the developer in asserting any available defenses.

The app, including all software, source code, object code, designs, graphics, icons, text, audio, and other content (collectively, the "Content"), and all intellectual property rights in and to the foregoing, are owned by the developer or its licensors and are protected by United States and international copyright, trademark, trade-dress, and other intellectual property laws.

Except for the limited license expressly granted to you in these Terms, you receive no right, title, or interest in or to the app, the Content, or any related intellectual property rights, by implication, estoppel, or otherwise.

Any feedback, suggestions, or ideas you provide to the developer regarding the app are provided on a non-confidential basis and may be used by the developer for any purpose without obligation, attribution, or compensation to you.

The following terms apply because Offline Hiker is distributed through the Apple App Store. They supplement, and do not replace, the other terms of these Terms. In the event of any conflict between this section and the rest of these Terms with respect to the App Store, this section will control.

Acknowledgment. You acknowledge and agree that these Terms are between you and the developer of Offline Hiker only, and not with Apple, Inc. ("Apple"). Apple is not responsible for the app or the content of the app.

Scope of License. The license granted to you for the app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in Apple's Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing, where applicable.

Maintenance and Support. The developer is solely responsible for providing any maintenance and support services with respect to the app, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.

Warranty. The developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the developer.

Product Claims. You and the developer acknowledge that the developer, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights. You and the developer acknowledge that, in the event of any third-party claim that the app or your possession or use of the app infringes that third party's intellectual property rights, the developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact. Any questions, complaints, or claims regarding the app should be directed to the developer at [email protected].

Third-Party Beneficiary. You and the developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Please read this section carefully. It requires you and the developer to resolve disputes through binding individual arbitration rather than in court, and waives your right to participate in class actions, class arbitrations, or representative proceedings.

Agreement to Arbitrate. To the maximum extent permitted by applicable law, you and the developer each agree that any dispute, claim, or controversy arising out of or relating to these Terms, the app, the Refund Policy, the App Privacy Policy, or any aspect of the relationship between you and the developer — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms — will be resolved exclusively by binding individual arbitration, rather than in court, except as expressly provided otherwise in this section.

Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the formation, interpretation, applicability, enforceability, scope, or waiver of this arbitration agreement, including any claim that any part of it is void or voidable.

Arbitration Provider and Rules. Arbitration will be administered by JAMS pursuant to its Consumer Arbitration Minimum Standards and its applicable Streamlined or Comprehensive Arbitration Rules, as appropriate to the amount in controversy. The rules are available at https://www.jamsadr.com/. If JAMS is unable or unwilling to administer the arbitration, you and the developer will mutually select another nationally recognized arbitration provider applying substantively similar consumer-protective standards.

Location and Process. The arbitration will take place in a location reasonably convenient to you and may, at your election, be conducted by telephone, videoconference, or written submissions, in accordance with the chosen provider's rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND THE DEVELOPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of representative, collective, or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in a court of competent jurisdiction, and the remainder of this arbitration agreement will remain in full force and effect.

Exceptions. Notwithstanding the foregoing, the following matters are not subject to arbitration: (a) claims brought in small claims court, so long as the claims remain in small claims court and are brought on an individual basis; and (b) claims for temporary, preliminary, or permanent injunctive or other equitable relief relating to intellectual property, confidentiality, or unauthorized access to or use of the app. Such excepted matters may be brought in a court of competent jurisdiction in California, and you and the developer consent to the personal jurisdiction of such courts for those purposes.

30-Day Right to Opt Out. You may opt out of this arbitration agreement and the Class Action Waiver by sending written notice of your decision to opt out to [email protected] within thirty (30) days after the date you first agreed to these Terms by downloading, installing, or using the app. The notice must include your name, the date you first downloaded, installed, or used the app, and a clear statement that you wish to opt out of arbitration. If you opt out in accordance with this procedure, the other provisions of these Terms will continue to apply.

Survival. This arbitration agreement and the Class Action Waiver will survive any termination of these Terms, your use of the app, or the relationship between you and the developer.

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or your use of the app, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

For any matter that is not subject to arbitration under the Dispute Resolution section (including, without limitation, the carve-outs for small claims and equitable relief described therein), you and the developer consent to the exclusive personal jurisdiction and venue of the state and federal courts located in California, and waive any objection based on inconvenient forum.

The developer may, at its sole discretion and without notice, suspend, restrict, or terminate your access to or license to use the app, in whole or in part, at any time and for any reason, including without limitation any actual or suspected violation of these Terms or any applicable law.

You may terminate these Terms at any time by deleting the app from your device and discontinuing all use of it. Termination does not entitle you to any refund except as expressly provided in the Refund Policy.

Upon termination, all licenses granted to you under these Terms will immediately end and you must cease all use of the app. The provisions of these Terms that by their nature are intended to survive termination — including without limitation the User Acknowledgments and Assumption of Risk, No Warranties, Limitation of Liability, Indemnification, Intellectual Property, Apple-Specific Terms, Dispute Resolution, Governing Law and Venue, and Severability and Entire Agreement provisions — will survive.

The developer reserves the right to modify these Terms at any time. When changes are made, the developer will post the updated Terms on this website. Your continued use of the app after the posting of updated Terms constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, your sole remedy is to discontinue use of the app and delete it from your device.

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under the law of any jurisdiction, that provision will be modified to the minimum extent necessary to render it enforceable, or, if no such modification is possible, severed from these Terms, and the remaining provisions will continue in full force and effect.

These Terms, together with the Refund Policy and the App Privacy Policy, constitute the entire agreement between you and the developer concerning the app, and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written, concerning the subject matter of these Terms.

No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or any other term, and the developer's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms are not assignable, transferable, or sublicensable by you except with the developer's prior written consent. The developer may assign, transfer, or delegate any of its rights and obligations under these Terms without restriction.

You consent to receive communications from the developer electronically, including by email or by notices posted on the Offline Hiker website or through the app. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Any notice you provide to the developer must be sent to [email protected] and will be deemed received when actually received. Notices to you may be sent to any contact information associated with you (where available) or posted on the Offline Hiker website, and will be deemed received when sent or posted.

For questions or concerns regarding these Terms, please contact the developer of Offline Hiker at [email protected].