TrekPins - Terms of Service

Welcome to TrekPins! These Terms of Service ("Terms," "EULA") govern your use of the TrekPins mobile application (the "Service," "Licensed Application") provided by The Developer of Trek Pins ("we," "us," "our," or "Licensor"). By downloading, accessing, or using the Service, you (referred to herein as "End-User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acknowledgement

The End-User acknowledges that this EULA is concluded between The Developer of Trek Pins and the End-User only, and not with Apple Inc. ("Apple"). The Developer of Trek Pins, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA does not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date of this EULA (which the End-User acknowledges they have had the opportunity to review).

2. Description of Service

TrekPins is a travel tracking application that allows users to:

• Mark and categorize visited cities, desired destinations, and places lived on an interactive map.
• Log visits with details such as dates, notes, and photos.
• Organize and browse visited places by various criteria.
• View a timeline of travels.
• Plan trips by grouping destinations, mapping routes, and organizing itineraries.
• Pin and manage Points of Interest (POIs) with notes and photos.
• View travel statistics and insights.
• Optionally, utilize automatic city detection based on your location.
• Store and sync data using Apple's CloudKit and local device storage.
• Access premium features through subscriptions.

3. Scope of License

Licensor grants to you a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. This license does not allow you to use the Service on any Apple Device that you do not own or control, and you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Service. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).

4. User Accounts and Data

iCloud

The Service uses Apple's CloudKit for data synchronization and backup. Your use of iCloud is subject to Apple's terms and conditions. We are not responsible for the availability or security of iCloud services.

Local Storage

Data is also stored locally on your device. You are responsible for maintaining the security of your device.

User-Generated Content

You are solely responsible for any content you create, upload, or store using the Service, including notes, photos, and location data ("User Content"). You retain ownership of your User Content.

Data Accuracy

While TrekPins strives to provide accurate location and mapping information, we do not guarantee the accuracy, completeness, or timeliness of any data provided through the Service, including map data, city information, or POI details.

Data Deletion

You can delete your data within the application. Deleting data from the app will attempt to remove it from your local device and your iCloud storage associated with TrekPins. Please note that due to the nature of cloud services, immediate and complete deletion from all backup systems may not always be possible.

Consent to Use of Data

You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Our collection and use of personal information in connection with the Service is described in our Privacy Policy.

5. Location Services

• To provide features like automatic city detection and map functionalities, TrekPins may request access to your device's location services.
• Your use of location services is subject to your device's settings and permissions. You can enable or disable location services for TrekPins at any time through your device settings.
• If you choose to enable the "Home Radius" feature, the app will use your set home location and radius to determine when to suppress automatic city detection.

6. External Services and Third-Party Materials

The Service may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). This includes services like Apple's CloudKit and mapping services. 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, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. 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. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. 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.

You must comply with applicable third-party terms of agreement when using the Service. For example, your use of the Service must not be in violation of your wireless data service agreement.

By using the TrekPins application, you agree to be bound by Google's Terms of Service.

7. Subscriptions and Purchases

Premium Features

TrekPins may offer access to certain premium features through auto-renewing subscriptions (e.g., monthly, yearly) or a one-time lifetime purchase ("Premium Services").

Billing

Subscription payments will be charged to your Apple ID account at the confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

Managing Subscriptions

You can manage your subscriptions and turn off auto-renewal by going to your Apple ID Account Settings after purchase.

Free Trials & Promo Codes

If a free trial or promo code is offered, any unused portion of a free trial period will be forfeited when you purchase a subscription, where applicable. Promo codes are subject to specific terms and conditions presented at the time of redemption.

Pricing

Prices for Premium Services are subject to change.

Refunds

All purchases are final and non-refundable except as required by applicable law or as otherwise permitted by Apple's App Store policies.

8. User Conduct

You agree not to use the Service to:

• Upload or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload or share any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Violate any applicable local, state, national, or international law.

9. Intellectual Property Rights

All rights, title, and interest in and to the Service (excluding User Content) are and will remain the exclusive property of The Developer of Trek Pins and its licensors.

The Service is protected by copyright, trademark, and other laws of United States, Utah and foreign countries.

Nothing in these Terms gives you a right to use the TrekPins name or any of the TrekPins trademarks, logos, domain names, and other distinctive brand features.

You (the End-User) acknowledge that in the event of any third party claim that the Licensed Application or Your possession and use of that Licensed Application infringes that third party’s intellectual property rights, The Developer of Trek Pins (Licensor), not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10. Image Handling and Storage

Local Storage & iCloud Sync

When you add photos to visits, they may be stored locally on your device and synced to your private iCloud account via CloudKit.

Image Format & Cache Policy

You can choose your preferred image format (HEIC or JPEG) and local image cache retention policy in the app's settings. These settings affect new photos.

Background Cleanup

The app includes background tasks to manage and clean up image data, both locally and in CloudKit, based on your settings and data deletion requests.

Responsibility for Images

You are responsible for the images you upload. Ensure you have the necessary rights to use and share them.

11. Termination

These Terms are effective until terminated by you or us. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms. We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you, for example, if you breach these Terms. Upon any termination, discontinuation or cancellation of Services or your access, provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

12. Maintenance and Support

The Developer of Trek Pins is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. The End-User and Licensor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

13. Warranty

The Developer of Trek Pins is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 14 (Disclaimers) of this EULA. In the event of any failure of the Licensed Application to conform to any applicable warranty, you (the End-User) may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be The Developer of Trek Pins' sole responsibility.

14. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION 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 LICENSED APPLICATION AND ANY SERVICES, 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. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 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.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER OF TREK PINS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) 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. IN NO EVENT SHALL OUR 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).

16. Product Claims

The Developer of Trek Pins and you (the End-User) acknowledge that The Developer of Trek Pins, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of HealthKit and HomeKit frameworks (if applicable). This EULA does not limit our liability to the End-User beyond what is permitted by applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless The Developer of Trek Pins and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and device; b) a breach of these Terms, or c) User Content posted on the Service.

18. Legal Compliance

You represent and warrant that (i) you are not located in a 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.

19. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

20. Governing Law

These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.

21. Third Party Beneficiary

The Developer of Trek Pins and you (the End-User) acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

22. Contact Us

If you have any questions, complaints, or claims with respect to the Licensed Application or these Terms, please contact us:

Eric Randall
Email: hello@trekpins.com

Phone:
435-527-5554

Address:
25 S 200 W, Hyde Park, UT 84318