Upwild Terms of Use

Effective date: DRAFT, not yet in effect. Pending review by counsel.

Draft notice. This is a working draft written before launch and has not yet been reviewed by a lawyer. It will be replaced by a reviewed version before Upwild is available in the App Store.

These terms are an agreement between you and [Upwild LLC], a Colorado company ("Upwild", "we", "us"). They cover the Upwild iPhone app, the watcher pages at upwild.app, our text messages, and our websites (together, "Upwild"). By creating an account, using the app, or replying YES to an Upwild text, you agree to these terms and to our Privacy Policy. Please also read the Safety Disclaimer, which is part of these terms.

Please read section 9 (Assumption of risk and release) and sections 10 and 11 (disclaimers and limits on liability) carefully. They limit what you can recover from Upwild if something goes wrong.

1. What Upwild is, and what it isn't

Upwild helps you leave a trip plan with people you trust ("watchers"). If you're not back by the time you set, Upwild texts your watchers a link to a page with your plan, your last known location, and the phone number of the county Sheriff, so they can decide what to do.

Upwild is not a rescue service, an emergency service, or a satellite messenger. Upwild never calls 911 or search and rescue for you. It works over cell and internet networks, which are often unavailable in the mountains, and it depends on your watchers acting on its texts. In an emergency, call 911 yourself if you can. The Safety Disclaimer explains the limits in detail.

2. Who can use Upwild

You must be at least [18] years old to create an account. You can be a watcher at any age, with a parent's or guardian's permission if you're under 18. You may not use Upwild if you're barred from doing so under U.S. law.

3. Your account

Sign in with your mobile phone number or with Sign in with Apple. Keep your phone and account secure, and tell us right away at support@getupwild.com if you think someone else is using your account. You're responsible for what happens under your account. You can delete your account at any time in the app (open the Settings tab and choose Delete account).

4. Adding watchers

When you add a watcher, you tell us their name and phone number and ask us to text them on your behalf. You promise that:

• the person is someone you know who would reasonably expect to hear from you about your hikes,
• you have their permission to share their number with Upwild for this purpose,
• and you won't add anyone to harass, spam or deceive them.

Each new watcher gets one invite text and receives your plans only after replying YES. We limit how many watchers you can add (currently 10) and how often a number can be invited. Watchers can reply STOP at any time. If a watcher opts out, they get no further texts from Upwild, including overdue alerts, and we'll let you know so you can choose someone else. It's your job to make sure you have at least one watcher who has accepted and is reachable before you head out.

5. If you're a watcher

By replying YES to an invite, you agree to receive texts from Upwild about that hiker's trips, as described below. Being a watcher is a kindness, not a legal duty: Upwild doesn't require you to do anything, and we're not responsible for what you decide to do or not do. If an overdue alert comes in, the watcher page tells you how to reach the hiker and the Sheriff. Please don't share the page link: anyone with it can see the hiker's details while the trip is overdue.

6. Text messages

Program: Upwild trip alerts. Texts are sent on a hiker's behalf to watchers who opt in, and one-time sign-in codes are sent to hikers.

What you'll get as a watcher: one invite; then, for each of the hiker's trips, their plan, trip start, check-ins (up to three), extensions, back-safe or cancellation, and, if they're late, an overdue alert and up to two follow-ups.

Frequency: Message frequency varies with how often the hiker hikes. Message and data rates may apply.

Opting out: Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT) to any Upwild text to stop all texts to your number, including overdue alerts. We'll send one message confirming you've opted out. Reply START to opt back in. You can also opt out by emailing support@getupwild.com with your phone number. We'll honor opt-outs however you send them.

Help: Reply HELP, email support@getupwild.com, or call +1 970-306-6111.

Carriers are not liable for delayed or undelivered messages. Texts can be delayed, filtered by your carrier, or lost, and this is outside our control. See our Privacy Policy for how we handle your number. We don't use watcher numbers for marketing.

7. Upwild Plus

Safety features are free. Trip plans, watchers, overdue alerts, the turnaround countdown and check-ins don't require a subscription. Upwild Plus adds planning tools, such as "Safe bet?" and climb-rate tracking.

• Price: $29.99 per year or $4.99 per month (U.S. prices, plus any tax). Prices shown in the app at the time of purchase apply.
• Free trial: new subscribers get a 30-day free trial. Unless you cancel at least 24 hours before the trial ends, your subscription starts and you're charged for the plan you chose. One trial per Apple ID.
• Auto-renewal: your subscription renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Apple charges your Apple ID within 24 hours before each period ends.
• Cancelling: manage or cancel at any time in iPhone Settings > [your name] > Subscriptions. You keep Plus until the end of the period you've paid for.
• Refunds: Apple handles all billing and refunds under its terms. Request a refund at reportaproblem.apple.com.
• Price changes: if the price goes up, Apple will tell you in advance and, where required, ask for your consent before you're charged the new price.

We may change which features are in Plus. If we remove a significant Plus feature, we'll tell you in advance so you can cancel.

8. Rewards

You earn points for safe habits, like coming back on time and honoring your turnaround. Points have no cash value, can't be sold or transferred, and aren't property. Points you earn don't expire while your account is open; they're erased if you delete your account. When we open ways to spend points (for example, on months of Upwild Plus), the rules for spending them will be shown in the app. We may correct points awarded by mistake and void points earned through fraud or abuse.

9. Assumption of risk and release

Hiking and climbing in the mountains are dangerous. Lightning, falls, rockfall, avalanches, weather, altitude illness, cold, getting lost, and other hazards can cause serious injury or death, no matter what app you use. These risks are part of the activity, and you choose to accept them.

You understand that Upwild may fail. Alerts depend on cell and internet coverage, your phone, our servers, Apple's and our providers' systems, wireless carriers, and your watchers. Any of these can fail or be delayed. Location can be wrong or out of date. Weather forecasts, route information, turnaround times, "Safe bet?" verdicts and climb-rate estimates are estimates, not guarantees.

To the fullest extent the law allows, you release Upwild and its owners, employees and contractors from any claim for injury, death, or loss that arises from your hiking or outdoor activity, or from Upwild failing to send, delay, or deliver an alert, location, or message, including claims based on our negligence. This release doesn't cover our gross negligence or willful and wanton conduct, or anything else that the law doesn't allow to be released. If you're a parent or guardian allowing a minor to use Upwild as a watcher or as a member of your party, you agree to this release on their behalf to the extent Colorado law allows.

10. Disclaimers

Upwild is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We don't promise that Upwild will be uninterrupted, error-free, or available when you need it, or that any alert will be sent or received on time. Upwild doesn't give medical advice.

11. Limits on our liability

To the fullest extent the law allows, Upwild won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost data or profits. Our total liability for any claim relating to Upwild is limited to the greater of what you paid us for Upwild Plus in the 12 months before the claim, or $100. Some states don't allow some of these limits, so they may not all apply to you.

12. Acceptable use

Don't use Upwild to break the law, harass anyone, send texts to people who haven't agreed to hear from you, create false alarms on purpose, impersonate someone, or share another person's information without permission. Don't try to access other people's trips or watcher pages, overload or probe our systems, or copy, reverse-engineer or resell the app, except as the law allows. We may suspend or close an account that breaks these rules or puts others at risk.

13. Your content

You own what you put into Upwild, such as trip plans, notes, check-ins, your search-and-rescue sheet, photos and trail reports. You give us permission to store, process and show it only as needed to run Upwild, for example to send your plan to your watchers or, if you're overdue, show them your details. If you submit trail conditions that we show to other hikers, we'll show them without your name, and you give us permission to keep showing them in that form after you delete your account. Don't submit anything you don't have the right to share.

14. Our content and the app

Upwild, including the app, route cards, maps we create, design, and the Upwild name and logo, belongs to us or our licensors. We give you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, as allowed by Apple's Usage Rules. Route and trailhead information is provided for planning only and may be out of date. Always check current conditions with land managers.

Weather data comes from the U.S. National Weather Service, and maps may come from Apple and OpenStreetMap contributors, each under their own terms.

15. Apple

These terms are between you and Upwild only, not Apple. Apple is not responsible for Upwild or its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app; to the maximum extent the law allows, Apple has no other warranty obligation for the app. Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws. If a third party claims the app infringes its intellectual property, Upwild, not Apple, is responsible for investigating, defending, settling and discharging the claim. You confirm that you're not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you're not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

16. Ending these terms

You can stop using Upwild and delete your account at any time. We may suspend or end your access if you break these terms, if we're required to by law, or if we stop offering Upwild, and we'll tell you when we reasonably can. Deleting your account doesn't cancel an Apple subscription; cancel it in iPhone Settings. Sections 8 through 11 and 17 through 19 survive after these terms end.

17. Disputes

Please contact us first at support@getupwild.com; most problems can be solved quickly. If we can't resolve a dispute informally within 60 days, it will be decided in the state or federal courts located in Boulder County, Colorado, and you and we consent to their jurisdiction, except that either of us may bring an individual claim in small claims court. [Counsel to decide: binding individual arbitration with a class-action waiver and a 30-day opt-out, in place of courts.]

18. Governing law

Colorado law governs these terms, without regard to its conflict-of-laws rules.

19. General

These terms, the Privacy Policy and the Safety Disclaimer are the whole agreement between you and us about Upwild. If any part is found unenforceable, the rest stays in effect, and the unenforceable part will be enforced as far as the law allows. If we don't enforce a term, we haven't waived it. You can't transfer these terms; we may transfer them as part of a sale or reorganization of Upwild. Neither of us is liable for delays caused by events beyond reasonable control, such as network or power outages, carrier failures, or natural disasters.

20. Changes to these terms

We may update these terms. We'll change the effective date above, and if a change is significant, we'll tell you in the app at least 30 days before it takes effect. If you keep using Upwild after that, you accept the new terms. If you don't agree, stop using Upwild and delete your account.

21. Contact us

[Upwild LLC] [Mailing address], Colorado support@getupwild.com +1 970-306-6111 (calls and voicemail only)