Terms & Conditions

Last Updated: June 1, 2026

Welcome to Peaksur. These Terms and Conditions ("Terms") govern your access to and use of the Peaksur mobile application ("App") and all related services. By creating an account or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By using Peaksur, you confirm that you are at least 13 years of age, have legal capacity to enter into these Terms, and have read our Privacy Policy. If under 18, your parent or guardian must agree on your behalf.

2. Account Registration

• You must provide accurate, current information.
• You are responsible for maintaining account security and all activity under your account.
• One account per person. Multiple accounts to evade restrictions are prohibited.

3. Subscriptions & Payments

3.1 Plans

Peaksur offers a free tier with limited features and a Premium subscription (monthly or yearly) unlocking all features.

3.2 Free Trial

New subscribers may receive a 7-day free trial. If not cancelled before the trial ends, your subscription converts to paid automatically.

3.3 Billing & Auto-Renewal

• All purchases processed through Apple In-App Purchase via your Apple ID.
• Subscriptions automatically renew unless cancelled at least 24 hours before renewal.
• Manage subscriptions in Settings → Apple ID → Subscriptions.

3.4 Refunds

All refunds must be requested through Apple at reportaproblem.apple.com. No partial refunds for unused subscription time.

4. User-Generated Content

4.1 Ownership

You retain ownership of content you post. By posting, you grant Peaksur a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your content in connection with operating the App.

4.2 Prohibited Content

You may not post content that is illegal, harmful, abusive, discriminatory, sexually explicit, infringing, spam, or that impersonates others or solicits minors' information.

4.3 Moderation

We may remove violating content without notice. Repeated violations may result in account termination.

5. Acceptable Use

You agree not to use the App for unlawful purposes, interfere with the App's systems, use bots or scrapers, reverse engineer the App, circumvent usage limits, harvest user data, engage in harassment, or use the App while driving.

6. Outdoor Activity Disclaimer & Assumption of Risk

6.1 Inherent Risks

Outdoor activities such as hiking, trail running, and exploring are inherently dangerous and involve risks including falls, injuries, extreme weather exposure, wildlife encounters, getting lost, altitude sickness, drowning, and death.

6.2 No Safety Guarantee

Peaksur is NOT a safety device. We do not guarantee the accuracy of trail data, maps, navigation, trail conditions, weather information, or GPS signals. The App is for informational and recreational purposes only.

6.3 Assumption of Risk

By using Peaksur for outdoor activities, you voluntarily assume all risks including injury, property damage, or death. You acknowledge trail conditions change frequently, GPS accuracy varies, and you should always carry proper equipment and backup navigation.

6.4 Your Responsibility

You are solely responsible for assessing your fitness, making safe decisions, carrying appropriate equipment, following local laws, and obtaining required permits.

6.5 Emergency

Peaksur is not a substitute for emergency services. In emergencies, call 911 (US) or your local emergency number immediately.

7. Routes & Navigation

User-created routes are not verified for safety, legality, or accuracy. Routes may cross private property, include dangerous trails, or violate regulations. Turn-by-turn navigation is for convenience only — always use your own judgment.

8. Intellectual Property

The App, its design, code, features, logos, and trademarks are owned by Peaksur. You receive a limited, non-exclusive, revocable license for personal, non-commercial use.

9. Copyright (DMCA)

To report copyright infringement, send a DMCA notice to [email protected] including identification of the work, location of infringing material, your contact info, good faith statement, perjury statement, and signature.

10. Account Termination

• By You: Delete your account in Settings. Permanent and irreversible.
• By Us: We may suspend or terminate accounts for Terms violations, fraud, harassment, or legal requirements.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

PEAKSUR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE PRECEDING 12 MONTHS, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify and hold harmless Peaksur from claims arising from your use of the App, violation of these Terms, or any outdoor activity undertaken using the App.

14. Dispute Resolution

• Informal Resolution: Contact [email protected] first. Attempt resolution for 30 days.
• Binding Arbitration: Disputes resolved by AAA under Consumer Arbitration Rules in California or remotely.
• Class Action Waiver: Claims may only be brought individually, not as class or representative actions.
• Opt-Out: Written notice to [email protected] within 30 days of account creation.

15. Governing Law

These Terms are governed by the laws of the State of California, United States.

16. Changes

We may modify these Terms at any time. Continued use after changes constitutes acceptance.

17. Contact Us

Email: [email protected]