TERMS OF USE

Effective Date: 2026-11-08

IMPORTANT NOTICE

PLEASE READ THESE TERMS OF USE (“TOU”) CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

THESE TERMS INCLUDE A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, A BINDING ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.

FOR RESIDENTS OF QUEBEC, CERTAIN PROVISIONS, INCLUDING MANDATORY ARBITRATION AND LIMITATIONS OF LIABILITY, MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is based in Canada and primarily governed by Canadian law. Use from other countries may be restricted, limited, or subject to additional local requirements. By using the Service, you acknowledge these risks and assume all responsibility for compliance with applicable laws outside Canada.

1. Acceptance of Terms of Use

(a) Binding Agreement: These Terms of Use (“TOU”) constitute a legally binding agreement between you and TrailHop, a corporation incorporated under the laws of British Columbia, Canada (“Company,” “we,” “us,” or “our”), governing your access to and use of the Company’s websites, mobile applications, and all related trail and route guides, including any private, personalized, or specifically branded navigational guides or related content created for business, organizational, governmental, or other institutional clients, together with all associated media, documentation, updates, and support services (collectively, the “Service”). The Service provides content for trails and locations both within and outside Canada. By using the Service, you acknowledge that some Content may be subject to local laws, access restrictions, or regulations in foreign jurisdictions, and you are solely responsible for ensuring compliance with any applicable laws outside Canada. The Company does not guarantee that the Service or any Content complies with laws in any country outside Canada.

(b) Incorporation of Supplemental Terms: Your access to and use of the Service is expressly conditioned upon your acceptance of this TOU and the Company’s Privacy Policy, as well as any additional terms, notices, guidelines, or policies presented to you in connection with specific features of the Service or at the time of purchase (collectively, the “Supplemental Terms”), all of which are incorporated into this TOU by reference. In the event of a conflict between this TOU and any Supplemental Terms, the Supplemental Terms shall govern solely with respect to the applicable feature or portion of the Service.

(c) Consent and Acknowledgment: BY CLICKING “I AGREE” (OR SUBSTANTIALLY SIMILAR LANGUAGE), CREATING AN ACCOUNT, PROCEEDING BEYOND A LOGIN SCREEN, MAKING A PURCHASE, DOWNLOADING OR ACCESSING THE SERVICE, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TOU, INCLUDING ANY UPDATES OR MODIFICATIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU IN THE FUTURE. IF YOU DO NOT AGREE TO BE BOUND BY THIS TOU, YOU MUST NOT ACCESS, ENGAGE WITH OR USE THE SERVICE IN ANY WAY.

(d) Arbitration and Dispute Resolution: Any disputes arising out of or relating to these Terms or your use of the Service will be governed by the binding arbitration provisions set forth in Section [X. Dispute Resolution and Arbitration XXXXXXX] below.

(e) Eligibility and Capacity: You represent and warrant that you are over 18 years of age or at least the age of majority in your province or territory of residence, have the legal capacity to enter into a binding contract, and are not prohibited from accessing or using the Service under applicable law. If you do not meet these requirements, you may not use the Service.

If you access or use the Service on behalf of, or for the benefit of, any corporation, partnership, government entity, educational institution, or other legal entity (an “Organization”), you represent and warrant that you have full legal authority to bind such Organization to this TOU. In such case, references to “you” and “your” in this TOU shall refer to both you individually and the applicable Organization.

(f) Service Purpose and Risk Acknowledgment:** The Service is provided solely for informational and recreational purposes. It is not intended to provide safety, emergency, medical, legal, or professional services, and it does not replace independent judgment, official sources, professional guidance, or appropriate preparation. Outdoor navigation and travel involve inherent risks, and you acknowledge and accept that your use of the Service is at your own risk. This is especially true for Content relating to trails or locations outside Canada, where the Company has no control over local conditions, regulations, or access rights.

(g) Modifications to TOU:** The Company reserves the right, in its sole discretion and to the extent permitted by applicable law, to modify, update, or replace this TOU at any time. Changes will become effective upon posting to the Service or as otherwise communicated to you. Your continued access to or use of the Service after the effective date of any changes constitutes your acceptance of the revised TOU.

(h) International Use and Data Processing

International Use: The Service may not be lawful or appropriate in all countries. To the maximum extent permitted by local law, the Company shall not be liable for any loss, claim, or damage arising from your access to or use of the Service outside Canada. You are solely responsible for complying with any local laws, regulations, or restrictions applicable to your use of the Service.

Note: Renting servers in other countries does not change that the Service is governed by Canadian law.

Data Processing Outside Canada: Your data may be collected, processed, stored, or transferred in Canada or other jurisdictions where the Company or its service providers operate, including the United States. By using the Service, you consent to such transfers and processing, and you acknowledge that local laws in those jurisdictions may apply in addition to Canadian law.

2. Privacy Policy

Your use of the Service is governed by the Company’s Privacy Policy, which is incorporated by reference into this TOU. The Privacy Policy explains how your personal information is collected, used, stored, and shared, and is intended to comply with applicable Canadian privacy laws, including PIPEDA, as well as other applicable laws.

By accessing or using the Service, you acknowledge that you have read, understood, and consent to the practices described in the Privacy Policy.

For users accessing the Service from outside Canada, you acknowledge that:

(a) Your data may be collected, processed, stored, or transferred in Canada or other jurisdictions where the Company or its service providers operate;

(b) Applicable local privacy laws may apply in addition to the Privacy Policy;

(c) By using the Service, you consent to such transfers and processing; and

(d) You are responsible for compliance with any local privacy or data protection laws applicable to your use of the Service.

3. License and Access Rights

(a) Device and Connectivity Requirements: You may need to obtain or use certain products or services, including a compatible device, internet access, and a data connection, to access or use the Service. You are solely responsible for acquiring and maintaining these products and services.

(b) Limited License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install, access, and use the Service for your personal, non-commercial, recreational purposes only.

(c) Access to Trail and Route Guides: Subject to applicable fees, subscription status, and availability, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Trail and Route Guides and its content through the Service for personal, non-commercial, recreational use only.

Access to Guides does not constitute a sale, transfer of ownership, or grant of permanent or perpetual rights. Access may be limited by device storage, download credits, subscription status, technical constraints, or removal of Content by the Company. Availability of any Guide is not guaranteed and remains subject to the Service being active and supported.

(d) Ownership and Intellectual Property: The Service, including all software, architectural frameworks, data records, and other proprietary materials, is licensed, not sold. The Company and its licensors retain all rights, title, and interest, including intellectual property rights, in and to the Service. The Service is protected by Canadian and international copyright, trademark, and other applicable intellectual property laws.

(e) Compliance with Terms: All rights granted under this Section are conditioned upon your compliance with these Terms in all material respects. Any use of the Service beyond the scope of the license granted herein is strictly prohibited.

4. Account Registration, Suspension, and Termination

(a) Account Registration and Information: You may need to register to access all or part of the Service, including the Site or App. You must provide true, accurate, complete, and current information when registering (“Account Data”) and maintain and promptly update such information. The Company may reject or require that you change any user name, password, or other information you provide. Providing false or misleading information may result in suspension or termination of your account.

(b) Account Verification and Activation: Certain features of the Service may require verification of your email address or other account information. If you create an account but fail to complete required verification steps within a reasonable period of time, your account may remain inactive and access to the Service may be restricted.

The Company reserves the right, in its sole discretion, to suspend, deactivate, or permanently delete unverified or inactive accounts after a reasonable period of time, without notice. The Company has no obligation to retain unverified account data.

(c) User Names, Passwords, and Account Security: Your user name and password are for your personal use only and should be kept confidential. You are solely responsible for any activity that occurs under your account, including purchases, downloads, or content accessed or shared. You must promptly notify the Company at contact@trailhop.app of any unauthorized use of your account, password, or other security breach. You, and not the Company, are responsible for maintaining the confidentiality of your credentials. If you choose to make any of your personally identifiable or other information available through or in connection with the Service, you do so at your own risk.

(d) Suspension and Termination: The Company may, in its sole discretion, suspend, restrict, or terminate your account at any time for any lawful reason, including but not limited to:

(i) Any violation of these Terms of Use;

(ii) Conduct the Company reasonably believes is harmful to other users, the Service, or the Company’s business interests;

(iii) Fraudulent activity, misuse of the Service, or unlawful conduct;

(iv) Providing false or misleading account information;

(v) Failure to safeguard your user name, password, or account credentials.

(e) Effect of Termination: Upon suspension or termination of your account, your access to the Service and any related content, features, or materials may be restricted or revoked immediately. Any fees paid are non-refundable, except as required by applicable law. Termination or suspension of your account does not limit the Company from pursuing any other remedies available under law or equity.

(f) Compliance with Law: You agree to comply with all applicable laws, regulations, and rules in connection with your account and use of the Service. Any use of your account that violates applicable laws may result in suspension, termination, or reporting to authorities.

5. Fees, Purchases, and Subscriptions

(a) Responsibility for Charges and Data Usage: You are solely responsible for all fees, charges, and expenses incurred in connection with your use of the Service, including, but not limited to, data usage, internet access, device costs, and any other communication or connectivity fees. Downloading Trail and Route Guides, maps, or other content may involve transferring large amounts of data, which may exceed hundreds of megabytes depending on the content and your usage. You are responsible for monitoring your data usage and ensuring that downloads occur over an appropriate internet connection. The Company is not responsible for any data charges incurred as a result of downloading or using the Service.

(b) Paid Features and Access: Certain features, access rights, or download capabilities may require payment, either through a one-time purchase or a subscription. Content itself is not sold. All prices are displayed at the time of purchase and may change as permitted by applicable law.

(c) App Store Purchases: Purchases made through the Apple App Store or Google Play Store are processed and controlled by the applicable platform. The Company does not manage billing, refunds, cancellations, or subscription changes for these purchases. Any issues relating to such purchases must be resolved directly with the applicable platform, and refunds are subject to that platform’s policies.

(d) Website Purchases and Payment Processors: Purchases made directly through the Company’s website are processed by third-party payment processors such as Stripe. Payment processors act solely as payment facilitators and do not sell, license, or provide the Service. While payment processing is handled by these providers, the Company remains responsible for product access, fulfillment, and refund eligibility in accordance with these Terms and applicable law.

(e) Subscriptions: If you purchase a subscription, you receive access to applicable Service features (such as download capacity or ad-free use) for the duration of the subscription term, subject to these Terms. Subscriptions may automatically renew, and you may cancel at any time through your account settings or the applicable platform. Cancellation takes effect at the end of the current billing period unless otherwise required by law.

Subscriptions do not grant ownership of, or permanent rights to, any Content. All subscription renewals and cancellation rights are governed by applicable consumer protection laws.

(f) Lifetime Access: “Lifetime Access” means continued eligibility to access a specific Trail or Route Guide through the Service for as long as that Guide remains commercially available and supported by the Company.

Lifetime Access does not constitute ownership, does not guarantee perpetual or offline access, and is subject to the access model described in Section 6 (No Sale of Content; Access Model).

Offline access persists only while Content remains stored on your device and supported by the Service. If Content is deleted, removed, or becomes unavailable, re-access or re-download may require download credits, an active subscription, or may not be available at all.

Lifetime Access does not guarantee future updates, feature continuity, or compatibility with future devices or operating systems.

(g) Refunds: All purchases are final and non-refundable except as required by applicable law or expressly permitted by the applicable platform’s or the Company’s refund policies, as applicable. Statutory consumer rights are not affected.

(h) Taxes: You are responsible for any applicable taxes, duties, or governmental charges associated with your purchases or subscriptions.

Users accessing the Service from outside Canada may be subject to additional fees, taxes, duties, or currency conversion charges imposed by payment processors, financial institutions, or local law. By using the Service, you acknowledge that you are responsible for complying with any applicable local payment, tax, or import/export laws, and the Company is not responsible for ensuring such compliance.

(i) Changes to Fees: The Company may modify fees, pricing, or subscription terms at any time. Changes will not apply retroactively to fees already paid, and notice will be provided where required by applicable law.

(j) Cancellation of Service: Subscriptions may be canceled through the App Store, Google Play Store, or your account settings. Access continues until the end of the current billing cycle.

#. No Sale of Content; Access Model

Trail and Route Guides, maps, comments, images, assets, and related materials (“Content”) are provided for informational purposes only and are not sold to users.

Download credits and subscriptions grant a limited, revocable, non-exclusive right to download Content for offline access, subject to these Terms. A download does not constitute a purchase, transfer of ownership, or permanent license to any Content.

Offline access persists only for as long as the Content remains stored on your device and supported by the Service. If Content is deleted, removed, or becomes unavailable, a new download credit is required to re-download the Content.

Subscriptions provide access to Service features (such as download capacity or ad-free use) and do not convey ownership, perpetual access, or guaranteed availability of any Content.

The Company may modify, remove, or discontinue any Content at any time without liability, subject to applicable law.

#. Third-Party Subscription & Sponsorship Integrations

(a) External Access Grants: The Company may, at its discretion, offer premium features, elevated "Access Levels," or other "Premium Perks" to users who maintain an active, paid membership or sponsorship through third-party platforms (including, but not limited to, Patreon, Buy Me a Coffee, Youtube or Twitch). This granted access has no cash value and is not transferable. (b) Verification & Data Sharing: To verify your eligibility for these perks, the Application integrates with third-party APIs and webhooks. By linking such an account or providing an associated email address, you grant the Company permission to receive and process real-time data regarding your subscription status, membership tier, and payment standing from these external providers. (c) Contingency of Access: Your premium status within the Application is strictly contingent upon your standing with the third-party platform. If your external subscription is cancelled, declined, refunded, or otherwise expires, the Company reserves the right to automatically downgrade or revoke your access to the Application’s premium features without prior notice. (d) Independent Relationship: You acknowledge that all such third-party platforms are independent entities. The Company does not control and is not responsible for their billing cycles, payment processing, data privacy practices, or platform uptime. Any disputes regarding payments, refunds, or account access on an external platform (e.g., Patreon.com) must be resolved directly with that provider. (e) Promotional Nature: Access granted via third-party platforms is provided as a promotional perk and does not constitute a direct purchase of software services from the Company. The Company reserves the right to modify or terminate these third-party integrations at any time.

8. Content, User-Generated Material, and Third-Party Data

(a) No Guarantees; “Verified” Content. All Content provided through the Service — including maps, trails, routes, data, images, user comments, or other materials (“Content”) — is provided “AS IS” and without any representation or warranty regarding accuracy, completeness, safety, legality, or timeliness.

Content may be user-generated or posted by Company administrators, moderators, scouts, or staff. Moderation or labeling as “Verified” does not constitute a guarantee, endorsement, or independent verification of accuracy, safety, legality, or completeness; it only indicates that the Content was posted by a verified user or staff member.

Reliance on any Content, including verified or administrator-provided Content, is at your sole risk.

(b) Responsibility for Content. You acknowledge that all Content is the responsibility of the person from whom it originated. The Company is not responsible for inadvertent or accidental posting of Content that may contain errors, private property references, or minor inaccuracies, and may remove such Content at its discretion.

User Content: You, and not the Company, are solely responsible for all Content you upload, post, transmit, or otherwise make available through the Service. Other users of the Service are similarly responsible for Content they provide.

Administrator & Moderator Content: Content provided by Company administrators, moderators, or staff is for informational and entertainment purposes only. The Company disclaims all responsibility for the accuracy, safety, legality, or reliability of such Content.

(c) Company Rights Regarding Content. The Company has no obligation to pre-screen any Content but reserves the right, in its sole discretion, to:

(i) Refuse, remove, or modify any Content at any time; or

(ii) Remove Content that violates these Terms, or that it deems objectionable, unsafe, or inaccurate.

The exercise of these rights (e.g., removal or modification) does not imply endorsement, verification, or validation of any Content. The Company’s decision not to remove or monitor any Content shall not constitute a waiver of any rights under these Terms.

(d) Third-Party Materials. The Service may provide access to information, products, services, or other materials provided by third parties (“Third-Party Materials”), including via links, embedded tools, or open-source data. By accessing such materials, you acknowledge that the Company does not control them and is not responsible for their content, accuracy, timeliness, completeness, legality, or safety. Any reliance on such materials is at your own risk.

(e) User Risk and Limitations.

You assume full responsibility for any reliance on Content, User Content, Administrator Content, or Third-Party Materials.

The Service is intended for personal, recreational use only and should never be relied upon as your sole source of navigation, safety guidance, legal advice, or trail access information. You acknowledge that changes in real-world conditions (e.g., trail closures, washouts, private property changes) may not be reflected in any Content.

(f) Representations Regarding Submitted Content. By submitting Content to the Service, you represent and warrant that:

(i) You have all necessary rights and authority to grant the Company the rights outlined in these Terms;

(ii) Your Content does not violate any copyright, trademark, privacy, publicity, or other rights of any third party; and

(iii) Your Content pertains only to trails, routes, roads, or lands that are legally accessible.

You acknowledge that the Company may remove, edit, or restrict access to any Content that it reasonably believes violates these Terms or applicable law, without prior notice.

7. Offline Maps and Data

(a) Offline Maps Functionality: The Service provides the ability to download Trail and Route Guides, maps, trail advisories, comments, and related content for offline use (“Offline Maps”). You acknowledge that offline data is a static snapshot and may be inaccurate, incomplete, or outdated. They do not reflect real-time changes such as trail washouts, closures, property disputes, or seasonal restrictions, or changes to water sources. The Company makes no representation or warranty regarding the accuracy, completeness, or timeliness of offline data.

(b) User Responsibility: You are solely responsible for:

(i) Downloading sufficient data in advance for your intended use;

(ii) Maintaining your device, battery, and storage capacity; and

(iii) Using your own judgment in navigating trails or other environments.

(c) Limited Reliance and Risk: The Service is intended for personal, recreational use only and should not be relied upon as your sole means of navigation in remote, hazardous, or potentially dangerous environments. You acknowledge and agree that the Company is not responsible for any harm, loss, or injury resulting from your reliance on offline data where real-world conditions have changed since the data was last updated.

9. Rights to Content; License and Intellectual Property

(a) License to Your Content: By uploading, posting, or otherwise making any content available through the Service (“Your Content”), you grant the Company and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, and transferable license to:

(i) Use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, and distribute Your Content;

(ii) Make, have made, or otherwise exploit Your Content in any form, medium, or technology now known or later developed;

(iii) Transmit Your Content over networks and through devices as necessary for technical processing, distribution, or display; and

(iv) Use Your Content in connection with the operation, promotion, or provision of the Service.

(v) You represent and warrant that:

(vi) You own or otherwise have the necessary rights to grant the license described above;

(vii) Your Content relates only to trails, routes, roads, or lands that are legally accessible to the public; and

(viii) Your Content does not violate any copyright, trademark, privacy, publicity, or other rights of any third party.

(b) Company and Third-Party Intellectual Property: Except for Your Content, you acknowledge that the Company and its licensors retain all rights, title, and interest in and to the Service, including all Content, software, data, maps, designs, logos, trademarks, and other materials contained within the Service. The Service and all associated materials are protected by Canadian, U.S., and international copyright, trademark, and other intellectual property laws.

Trademarks such as the Company name, logos, and branded guides are owned by the Company or its affiliates.

Other company, product, or service names referenced in the Service may be the trademarks of their respective owners.

All rights not expressly granted to you under these Terms are reserved by the Company or its licensors.

(c) Prohibited Uses. Except as expressly permitted under these Terms, you may not:

(i) Download, copy, reproduce, or distribute any aspect of the Service or Content, except as expressly permitted;

(ii) Attempt to circumvent, disable, bypass, or modify any technical limitations or security measures of the Service;

(iii) Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying architecture of any software or data in the Service;

(iv) Frame, scrape, or otherwise reproduce the Service or Content outside of permitted uses;

(v) Use the Service to develop, market, or distribute a competing product or service;

(vi) Rent, lease, lend, sell, or sublicense access to the Service;

(vii) Probe, scan, or test the Service for vulnerabilities or security weaknesses;

(viii) Use the Service in safety-critical systems, including medical, life-support, vehicle navigation, aerospace, military, or weapons systems;

(ix) Tamper with, interfere with, or disrupt the proper functioning of the Service; or

(x) Remove, obscure, or alter any proprietary notice or copyright, trademark, or other legal notice contained within the Service.

(d) No Guarantee of Rights in Third-Party Materials: Certain aspects of the Service may include or integrate third-party content, including open-source software, maps, or other materials. The Company does not claim ownership of third-party content and does not guarantee that any rights to such content are valid or unrestricted. Your use of such materials is subject to the applicable third-party licenses, terms, and restrictions.

(e) Survival: The licenses granted in this Section survive the termination of your account or access to the Service.

9. Comments, Content, and Community Guidelines

You agree not to post, upload, transmit, or otherwise make available any content, including comments, photos, display names, advisories, or other materials (“Content”), through any Company product or Service that:

(a) is unlawful, harmful, threatening, abusive, harassing, misleading, deceptive, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy, hateful, discriminatory, primarily political in nature and unrelated to the Service, or otherwise objectionable, as determined by the Company in its sole discretion;

(b) constitutes spam or self-promotion, including signing comments with social media handles, usernames, URLs, YouTube channels, referral links, or personal or business websites;

(c) advertises, promotes, or solicits a service or business without authorization, including but not limited to shuttles, hostels, guiding services, trail angels, or paid services, or using a business name, phone number, or promotional language in a display name;

(d) posts reviews, endorsements, or complaints about a service at a waypoint that does not specifically represent that service (for example, posting shuttle reviews on a “Water Source” or “Campsite” waypoint);

(e) discloses sensitive, confidential, or personally identifiable information, including but not limited to Wi-Fi passwords, gate codes, access codes, private phone numbers, addresses, or precise private property details;

(f) infringes or violates the intellectual property, privacy, publicity, or other proprietary rights of any third party;

(g) is materially irrelevant, misleading, or intentionally disruptive to the specific trail, route, waypoint, or discussion where it is posted;

(h) is intended to manipulate, undermine, or exploit the Service, including posting derogatory or misleading content at business waypoints to redirect users to competing businesses or services.

(i) contains nudity, sexual content, sexually explicit material, fetish content, or graphic sexual descriptions, including content intended to arouse or that is inappropriate for a general audience.

The Company reserves the right, but has no obligation, to remove, restrict, edit, or moderate any Content at its sole discretion.

10. Prohibited Conduct and Misuse of the Service

In connection with your access to or use of the Service, you agree that you will not:

(a) impersonate any person or entity, including Company personnel, moderators, or verified users, or misrepresent your affiliation with any person or organization;

(b) forge headers, manipulate identifiers, or otherwise disguise the origin of any Content or communications;

(c) interfere with, disrupt, degrade, or negatively affect the ability of other users to access or use the Service;

(d) take any action that imposes an unreasonable or disproportionately large load on the Service, its infrastructure, servers, or networks;

(e) upload, transmit, or distribute viruses, malware, worms, spyware, Trojan horses, or any other harmful or invasive code or files;

(f) use bots, spiders, scrapers, crawlers, data mining tools, or other automated or manual means to access, extract, scrape, reproduce, archive, or monitor any portion of the Service without the Company’s express prior written permission;

(g) harvest, collect, or attempt to collect personal information or data about other users without their consent;

(h) sell, license, share, transfer, loan, or exploit any portion of the Service or Content for commercial purposes without authorization;

(i) reverse engineer, decompile, disassemble, or attempt to derive the source code, data structures, or proprietary logic of the Service, except to the extent expressly permitted by applicable law;

(j) remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed within the Service;

(k) violate any applicable local, provincial, federal, or international law, regulation, or ordinance.

11. Enforcement and Moderation

Violation of these Terms of Use, including the Content and Conduct provisions above, may result in Content removal, account suspension, restriction, or termination, or any other action the Company deems appropriate, at any time, in its sole discretion, with or without notice.

Such enforcement actions may be taken in addition to, and without limiting, any other rights or remedies available to the Company under law or equity. The Company has no duty to monitor Content.

12. Reporting Violations and Content Removal

If you believe any Content violates these Terms of Use or is otherwise inappropriate, you may report it to the Company using available in-app reporting tools or by contacting us at contact@trailhop.app.

The Company may, but is not obligated to, review reported Content and take action in its sole discretion, including removing Content, restricting visibility, suspending accounts, or terminating access to the Service.

The Company does not guarantee any response, review, action, timeline, or outcome for submitted reports and reserves the right to act without prior notice.

#. Suggestions and Feedback

If you provide the Company with any feedback, ideas, suggestions, enhancements, recommendations, or other input regarding the Service (“Suggestions”), you acknowledge and agree that:

(a) Suggestions are provided voluntarily and without expectation of confidentiality, attribution, compensation, or other obligation;

(b) The Company may use, implement, copy, modify, adapt, publish, distribute, or otherwise exploit such Suggestions for any purpose, commercial or non-commercial, in any manner and in any medium, without credit, approval, or compensation to you;

(c) You waive any claims or rights (including intellectual property rights) relating to the Company’s use of Suggestions.

#. Links, Third-Party Services, and External Materials

The Service may contain links to, integrations with, or access to third-party websites, services, software, APIs, data sources, advertisements, or other materials (“External Materials”), including mapping services, open-source datasets, or third-party navigation tools.

You acknowledge and agree that:

(a) The Company does not control, endorse, or assume responsibility for any External Materials, including their accuracy, availability, legality, safety, or content;

(b) Your interactions, transactions, or communications with third parties through External Materials are solely between you and the applicable third party, and the Company is not responsible for any loss, damage, or dispute arising from such interactions;

(c) Access to External Materials may be subject to additional terms, conditions, or privacy policies imposed by the third party, and you are solely responsible for reviewing and complying with those terms;

(d) The Company is not liable for any harm, loss, or damage arising from your access to or reliance on External Materials, even if such materials are accessed through the Service.

#. Modifications to the Service; Updates

The Company reserves the right, at any time and in its sole discretion, to modify, suspend, restrict, or discontinue all or any part of the Service, including features, content, availability, or functionality, with or without prior notice, to the extent permitted by law.

The Service may include updates, upgrades, enhancements, bug fixes, or other modifications (“Updates”). You acknowledge and agree that the Company may automatically install such Updates on your device without prior notice and that continued use of the Service constitutes acceptance of the Updates. Updates may modify or remove existing features or functionality.

The Company shall not be liable for any modification, suspension, or discontinuation of the Service or any part thereof.

#. Changes to the Terms of Use

The Company reserves the right to revise or update these Terms of Use at any time, in its sole discretion. If material changes are made, the Company may provide notice through the Service, the Site, or by other reasonable means.

Your continued access to or use of the Service after the effective date of any updated Terms of Use constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

#. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your access to or use of the Service;

(b) your violation of these Terms of Use or any applicable law or regulation;

(c) your Content or any information you submit, post, or transmit through the Service;

(d) your infringement or alleged infringement of any third-party rights, including intellectual property, privacy, or publicity rights.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in such defense except to the extent caused by the Company’s gross negligence or willful misconduct.

#. Disclaimer of Warranties

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.

(b) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(c) No Guarantee of Accuracy. The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any Content, maps, routes, distances, elevations, locations, or other information. The Service is provided for informational purposes only and must not be relied upon for navigation, safety-critical decisions, or any purpose requiring precise or real-time accuracy.

(d) Property Boundaries and Legal Status. The Service does not provide legal surveys or authoritative boundary determinations. Trails, roads, and paths shown may cross private or restricted property. You are solely responsible for obeying posted signs, access restrictions, and applicable laws, and for visually verifying boundaries and conditions in the real world.

#. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Assumption of Risk. Use of the Service involves inherent and unpredictable risks, including but not limited to personal injury, property damage, or loss, arising from environmental conditions, third-party actions, or reliance on information provided through the Service. To the maximum extent permitted by law, you assume all such risks associated with your use of the Service and Content.

(c) Liability Cap. To the maximum extent permitted by applicable law, the Company’s total aggregate liability for all claims arising out of or relating to the Service shall not exceed the greater of fifty Canadian dollars (CAD $50) or the total amount paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.

(d) Time Limitation on Claims. Any claim or cause of action arising out of or relating to the Service or these Terms of Use must be commenced within one (1) year after the claim arose, or such claim is permanently barred, to the extent permitted by law.

(e) Consumer Rights. Nothing in these Terms of Use is intended to exclude or limit any rights or remedies that cannot be excluded or limited under applicable consumer protection laws.

#. Force Majeure (Unforeseeable Events Beyond Our Control)

The Company shall not be liable or responsible for any failure or delay in performance of the Service to the extent that such failure or delay is caused by events beyond its reasonable control, whether occurring in Canada or elsewhere, including, without limitation:

(a) Natural disasters (floods, earthquakes, storms, wildfires)

(b) Fire, explosion, or other accidents

**(c) Acts of government, authorities, or regulators, including those outside Canada that may restrict, limit, or prohibit access to the Service.

(d) Labor disputes, strikes, or shortages

(e) Power outages, internet or telecommunication failures

(f) Cyberattacks, software or hardware failures, or third-party service interruptions

(g) Any other circumstance reasonably beyond the Company’s control

If a Force Majeure event occurs, the Company may suspend, modify, limit, or delay access to the Service until the event is resolved. The Company will use commercially reasonable efforts to resume normal operations as soon as practicable.

#. Important Consumer Notice

Certain jurisdictions, including Quebec and countries outside Canada, may provide users with consumer protection, warranty, or refund rights that cannot be waived or limited by contract. Nothing in these Terms is intended to restrict or waive such rights to the extent prohibited by applicable law.

#. Termination and Survival

Upon termination or expiration of these Terms for any reason, all rights granted to you under these Terms shall immediately cease. Any rights or obligations that accrued prior to termination shall survive and remain enforceable. Provisions that by their nature are intended to survive termination, including intellectual property rights, disclaimers and limitations of liability, indemnification obligations, and dispute resolution and governing law, shall continue in full force and effect, regardless of the reason for termination, whether initiated by you or the Company.

#. Governing Law

This TOU is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. For users outside Canada: You acknowledge that the Service may be subject to local laws, regulations, or restrictions in your jurisdiction. You are solely responsible for ensuring your compliance with such laws. The Company makes no representation that the Service complies with laws outside Canada.

#. Dispute Resolution and Arbitration

Except where prohibited by applicable law, and excluding residents of the Province of Quebec, any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Service shall be resolved by binding arbitration on an individual basis, rather than in court.

For users accessing the Service from jurisdictions where mandatory arbitration is prohibited or unenforceable, disputes may instead be brought in the competent courts of your jurisdiction or in the Province of British Columbia, Canada, at the Company’s discretion. You acknowledge and agree that the Company may elect to enforce arbitration in Canada to the fullest extent permitted by applicable law.

Residents of Quebec, and users for whom mandatory arbitration is prohibited by law, may bring claims before the courts of competent jurisdiction.

The arbitration shall be conducted by a single neutral arbitrator in accordance with the arbitration legislation of the Province of British Columbia, and may be conducted in person in Vancouver, British Columbia or remotely, at the arbitrator’s discretion.

Where permitted by law, disputes shall be resolved only on an individual basis and not as part of any class or representative action.

Either party may bring an individual claim in small claims court if the claim qualifies.

If any portion of this section is found unenforceable, the remaining provisions shall remain in full force and effect.

#. Copyright Claims

If you believe that your copyrighted work has been infringed through the Service, please contact the Company’s designated copyright agent at [copyright@email] with a notice containing sufficient information to identify the work and the allegedly infringing material.

#. Notices

Company may give you notices through the Service or by sending them to the email or mailing address you provide.

#. General Provisions

This TOU and referenced policies constitute the entire agreement. If any provision is held invalid, the remaining provisions remain in full force. No waiver of any term shall be deemed a further or continuing waiver.

#. Language

The parties acknowledge that they have requested that these Terms of Use and all related documents be drawn up in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

#. Notice for Apple and Google Users

(a) Relationship of the Parties. You acknowledge and agree that these Terms of Use are entered into between you and the Company only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). Apple and Google are not parties to these Terms and do not own, control, or operate the App.

(b) No Maintenance or Support by Apple or Google. Apple and Google have no obligation whatsoever to furnish any maintenance, support, or services with respect to the App.

(c) Responsibility for Claims: The Company, and not Apple or Google, is solely 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) Claims that the App fails to conform to any applicable legal or regulatory requirement;

(iii) Claims arising under consumer protection or similar legislation; and

(iv) Claims relating to intellectual property infringement.

(d) Apple-Specific Terms (iOS Users).

If you access or use the App on an Apple-branded device running Apple’s iOS operating system:

The license granted to you is limited to a non-transferable license to use the App on an Apple-branded product that you own or control, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, including Apple’s Family Sharing or volume purchasing programs.

Apple is not responsible for providing any warranty for the App, except to the extent required to refund the purchase price, if any, in accordance with Apple’s App Store policies.

Any inquiries, complaints, or claims relating to the App must be directed to the Company, not Apple.

Apple has no responsibility to provide any maintenance or support services.

(e) Google-Specific Terms (Android Users). If you access or use the App on an Android-powered device:

Google is not responsible for the App or its content and has no obligation to provide maintenance, support, or warranty services.

Any inquiries, complaints, or claims relating to the App must be directed to the Company, not Google.

(f) Third-Party Beneficiaries. Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, shall have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Notwithstanding the foregoing, the Company’s right to enter into, modify, rescind, or terminate these Terms is not subject to the consent of Apple, Google, or any other third party.

(g) Compliance with Third-Party Terms. You agree to comply with all applicable third-party terms of service when using the App, including but not limited to the Apple App Store Terms of Service, Google Play Terms of Service, and any applicable wireless data service agreements.

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