1. THE APP
1.1. The information provided when using the App is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject me to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the App from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
1.2. The App are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the App. You may not use the App in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
2.1. I am the owner or the licensee of all intellectual property
rights in my App, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the App (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
2.2. My Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States
and around the world.
2.3. The Content and Marks are provided in or through the App "AS
IS" for your personal, non-commercial use only.
2.4. You grant me a non-exclusive, sublicensable, irrevocable and
royalty-free worldwide licence under all copyrights, trademarks,
patents, trade secrets, privacy and publicity rights and other
intellectual property rights to use, reproduce, transmit, print,
publish, publicly display, exhibit, distribute, redistribute,
copy, comment on, modify, adapt, translate, create derivative
works based upon, publicly perform, make available and otherwise
exploit such User Content, in whole or in part, in all media
formats now known or hereafter devised and on third-party sites
and platforms in any number of copies and without limit as to
time, manner of frequency of use, without further notice to you,
and without the requirement of permission from or payment to you
or any other person or entity.
2.5. Subject to your compliance with these Legal Terms, including
the "PROHIBITED ACTIVITIES" section
below, I grant you a
non-exclusive, non-transferable, revocable license to:
- access the App; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
- solely for your personal, non-commercial use.
2.6. Except as set out in this section or elsewhere in Legal
Terms, no part of the App and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without my express prior written permission.
2.7. If you wish to make any use of the App, Content, or Marks
other than as set out in this section or elsewhere in Legal
Terms, please address your request to: trailcatch@icloud.com. If I
ever grant you the permission to post, reproduce, or publicly
display any part of my App or Content, you must identify me as
the owners or licensors of the App, Content, or Marks and ensure
that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying my Content.
2.8. I reserve all rights not expressly granted to you in and to
the App, Content, and Marks.
2.9. Any breach of these Intellectual Property Rights will
constitute a material breach of Legal Terms and your right to
use my App will terminate immediately.
3. USER REPRESENTATIONS
3.1. By using the App, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Legal Terms; (4)
you are not under the age of 16; (5) you are not a minor in the
jurisdiction in which you reside , or if a minor, you have received
parental permission to use the App ; (6) you will not access the App
through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the App for any illegal or unauthorized
purpose; and ( 8) your use of the App will not violate any applicable
law or regulation.
3.2. If you provide any information that is untrue, inaccurate, not
current, or incomplete, I have the right to suspend or terminate your
account and refuse any and all current or future use of the App (or any
portion thereof).
4. USER REGISTRATION
4.1. You may be required to register to use the App. You agree to keep
your password confidential and will be responsible for all use of your
account and password. I reserve the right to remove, reclaim, or change
a username you select if I determine, in my sole discretion, that such
username or first name or last name are inappropriate, obscene, or
otherwise objectionable.
5. SUBSCRIPTIONS
5.1. Your subscription will continue and automatically renew unless
canceled. You consent to me charging your payment method on a recurring
basis without requiring your prior approval for each recurring charge,
until such time as you cancel the applicable order. The length of your
billing cycle is monthly.
5.2. I offer a 30-day free trial to new users who register with the App.
The account will be charged according to the user's chosen subscription
at the end of the free trial.
5.3. You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the current
paid term. If you have any questions or are unsatisfied with my App,
please email me at trailcatch@icloud.com.
5.4. I may, from time to time, make changes to the subscription fee and
will communicate any price changes to you in accordance with applicable
law.
6. PROHIBITED ACTIVITIES
6.1. You may not access or use the App for any purpose other than that
for which I make the App available. The App may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by me.
As a user of the App, you agree not to:
- Systematically retrieve data or other content from the App to create
or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from me.
- Trick, defraud, or mislead me and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent, disable, or otherwise interfere with security-related
features of the App, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of
the App and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in my opinion, me and/or the
App.
- Use any information obtained from the App in order to harass, abuse,
or harm another person.
- Make improper use of my support App or submit false reports of abuse
or misconduct.
- Use the App in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of or linking to the App.
- Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
App or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the App.
- Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms" ).
- Interfere with, disrupt, or create an undue burden on the App or the
networks or App connected to the App.
- Harass, annoy, intimidate, or threaten any of me or agents engaged
in providing any portion of the App to you.
- Attempt to bypass any measures of the App designed to prevent or
restrict access to the App, or any portion of the App.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the App.
- Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the App, or use or
launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the App.
- Make any unauthorized use of the App, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses .
- Use the App as part of any effort to compete with me or otherwise
use the App and/or the Content for any revenue-generating endeavor
or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
7.1. The App may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to me or on the App, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the App and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
me, the App, and other users of the App to use your Contributions in
any manner contemplated by the App and these Legal Terms.
- You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the App and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by me).
- Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or
rule.
- Your Contributions do not violate the privacy or publicity rights of
any third party.
- Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the App in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension
of your rights to use the App.
8. MOBILE APPLICATION LICENSE
8.1. If you access the App via the App, then I grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work
from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or
trademark) posted by me or the licensors of the App; (5) use the App for
any revenue-generating endeavor, commercial enterprise, or other purpose
for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a
product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App
to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of my
interfaces or my other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the App.
8.2. The following terms apply when you use the App obtained from either
the Apple Store or Google Play (each an "App Distributor" ) to access
the App: (1) the license granted to you for my App is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and
in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) I am responsible for providing any
maintenance and support App with respect to the App as specified in the
terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support App with respect to the App; (3) in
the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the
US government as a "terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when
using the App, e.g., if you have a VoIP application, then you must not
be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a third-party
beneficiary thereof.
9. SOCIAL MEDIA
9.1. As part of the functionality of the App, you may link your account
with online accounts you have with third-party service providers (each
such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the App; or (2) allowing
me to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login information to me and/or grant me access
to your Third-Party Account, without breach by you of any of the terms
and conditions that govern your use of the applicable Third-Party
Account, and without obligating me to pay any fees or making me subject
to any usage limitations imposed by the third-party service provider of
the Third-Party Account. By granting me access to any Third-Party
Accounts, you understand that (1) I may access, make available, and
store (if applicable) any content that you have provided to and stored
in your Third-Party Account (the "Social Network Content") so that it is
available on and through the App via your account, including without
limitation any friend lists and (2) I may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the App. Please
note that if a Third-Party Account or associated service becomes
unavailable or my access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no
longer be available on and through the App. You will have the ability to
disable the connection between your account on the App and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. I make no effort to review any Social Network Content
for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and I am not responsible for any Social Network
Content. You acknowledge and agree that I may access your email address
book associated with a Third-Party Account and your contacts list stored
on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered
to use the App. You can deactivate the connection between the App and
your Third-Party Account by contacting me using the contact information
below or through your account settings (if applicable). I will attempt
to delete any information stored on my servers that was obtained through
such Third-Party Account.
10. App MANAGEMENT
10.1. I reserve the right, but not the obligation, to: (1) monitor the
App for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in my sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in my sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in my sole discretion and
without limitation, notice, or liability, to remove from the App or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to my systems; and (5) otherwise manage the
App in a manner designed to protect my rights and property and to
facilitate the proper functioning of the App.
11. PRIVACY POLICY
11.1. I care about data privacy and security. Please review my Privacy
Policy: https://trailcatch.com/policy . By using the
App, you agree to be bound by my Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the App are hosted in Germany.
If you access the App from any other region of the world with laws or
other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Germany, then through
your continued use of the App, you are transferring your data to
Germany, and you expressly consent to have your data transferred to and
processed in Germany. Further, I do not knowingly accept, request, or
solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if I receive actual knowledge that anyone under the age
of 16 has provided personal information to me without the requisite and
verifiable parental consent, I will delete that information from the App
as quickly as is reasonably practical.
12. TERM AND TERMINATION
12.1. These Legal Terms shall remain in full force and effect while you
use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
I RESERVE THE RIGHT TO, IN MY SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE App (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. I MAY TERMINATE YOUR USE OR PARTICIPATION IN THE App OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN MY SOLE DISCRETION.
12.2. If I terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, I reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
13.1. I reserve the right to change, modify, or remove the contents of
the App at any time or for any reason at my sole discretion without
notice. However, I have no obligation to update any information on my
App. I will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the App.
13.2. I cannot guarantee the App will be available at all times. I may
experience hardware, software, or other problems or need to perform
maintenance related to the App, resulting in interruptions, delays, or
errors. I reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the App at any time or for any reason
without notice to you. You agree that I have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or
use the App during any downtime or discontinuance of the App. Nothing in
these Legal Terms will be construed to obligate me to maintain and
support the App or to supply any corrections, updates, or releases in
connection therewith.
14.CORRECTIONS
14.1. There may be information on the App that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. I reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the App at any time, without prior notice.
15. DISCLAIMER
15.1. THE App ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE App WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE App AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE App' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE App
AND I WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE App, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF MY
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE App, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE App BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
App. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE App, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR App. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
16.1. IN NO EVENT WILL I OR MY DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE App, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO ME DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING . CERTAIN ME STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
17. INDEMNIFICATION
17.1. You agree to defend, indemnify, and hold me harmless, including my
subsidiaries, affiliates, and all of my respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your
Contributions; (2) use of the App; (3) breach of these Legal Terms; (4)
any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the App with whom you
connected via the App. Notwithstanding the foregoing, I reserve the
right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify me, and you agree to
cooperate, at your expense, with my defense of such claims. I will use
reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware
of it.
18. USER DATA
18.1. I will maintain certain data that you transmit to the App for the
purpose of managing the performance of the App, as well as data relating
to your use of the App. Although I perform regular routine backups of
data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the App. You agree
that I shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against me arising
from any such loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19.1. Visiting the App, sending me emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications I provide to you electronically, via email and
on the App, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
ME OR VIA THE App. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
20. CALIFORNIA USERS AND RESIDENTS
20.1. If any complaint with me is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer App of
the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
21.1. These Legal Terms and any policies or operating rules posted by me
on the App or in respect to the App constitute the entire agreement and
understanding between you and me. My failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. I may assign any or all of my rights and obligations
to others at any time. I shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond my
reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal
Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment
or agency relationship created between you and me as a result of these
Legal Terms or use of the App. You agree that these Legal Terms will not
be construed against me by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
22. CONTACT ME
22.1. In order to resolve a complaint regarding the App or to receive
further information regarding use of the App, please contact me by email
at trailcatch@icloud.com.
1. THE APP
1.1. The information provided when using the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject me to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.2. The App are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the App. You may not use the App in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
2.1. I am the owner or the licensee of all intellectual property rights in my App, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the App (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
2.2. My Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
2.3. The Content and Marks are provided in or through the App "AS IS" for your personal, non-commercial use only.
2.4. You grant me a non-exclusive, sublicensable, irrevocable and royalty-free worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.
2.5. Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, I grant you a non-exclusive, non-transferable, revocable license to:
2.6. Except as set out in this section or elsewhere in Legal Terms, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.
2.7. If you wish to make any use of the App, Content, or Marks other than as set out in this section or elsewhere in Legal Terms, please address your request to: trailcatch@icloud.com. If I ever grant you the permission to post, reproduce, or publicly display any part of my App or Content, you must identify me as the owners or licensors of the App, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying my Content.
2.8. I reserve all rights not expressly granted to you in and to the App, Content, and Marks.
2.9. Any breach of these Intellectual Property Rights will constitute a material breach of Legal Terms and your right to use my App will terminate immediately.
3. USER REPRESENTATIONS
3.1. By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 16; (5) you are not a minor in the jurisdiction in which you reside , or if a minor, you have received parental permission to use the App ; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and ( 8) your use of the App will not violate any applicable law or regulation.
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
4. USER REGISTRATION
4.1. You may be required to register to use the App. You agree to keep your password confidential and will be responsible for all use of your account and password. I reserve the right to remove, reclaim, or change a username you select if I determine, in my sole discretion, that such username or first name or last name are inappropriate, obscene, or otherwise objectionable.
5. SUBSCRIPTIONS
5.1. Your subscription will continue and automatically renew unless canceled. You consent to me charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
5.2. I offer a 30-day free trial to new users who register with the App. The account will be charged according to the user's chosen subscription at the end of the free trial.
5.3. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with my App, please email me at trailcatch@icloud.com.
5.4. I may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
6. PROHIBITED ACTIVITIES
6.1. You may not access or use the App for any purpose other than that for which I make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.
As a user of the App, you agree not to:
7. USER GENERATED CONTRIBUTIONS
7.1. The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to me or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the App in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the App.
8. MOBILE APPLICATION LICENSE
8.1. If you access the App via the App, then I grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by me or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of my interfaces or my other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
8.2. The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor" ) to access the App: (1) the license granted to you for my App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) I am responsible for providing any maintenance and support App with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support App with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
9. SOCIAL MEDIA
9.1. As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the App; or (2) allowing me to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to me and/or grant me access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating me to pay any fees or making me subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting me access to any Third-Party Accounts, you understand that (1) I may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the App via your account, including without limitation any friend lists and (2) I may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or my access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. I make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and I am not responsible for any Social Network Content. You acknowledge and agree that I may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting me using the contact information below or through your account settings (if applicable). I will attempt to delete any information stored on my servers that was obtained through such Third-Party Account.
10. App MANAGEMENT
10.1. I reserve the right, but not the obligation, to: (1) monitor the App for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in my sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in my sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in my sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to my systems; and (5) otherwise manage the App in a manner designed to protect my rights and property and to facilitate the proper functioning of the App.
11. PRIVACY POLICY
11.1. I care about data privacy and security. Please review my Privacy Policy: https://trailcatch.com/policy . By using the App, you agree to be bound by my Privacy Policy, which is incorporated into these Legal Terms. Please be advised the App are hosted in Germany. If you access the App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the App, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany. Further, I do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if I receive actual knowledge that anyone under the age of 16 has provided personal information to me without the requisite and verifiable parental consent, I will delete that information from the App as quickly as is reasonably practical.
12. TERM AND TERMINATION
12.1. These Legal Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, I RESERVE THE RIGHT TO, IN MY SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE App (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. I MAY TERMINATE YOUR USE OR PARTICIPATION IN THE App OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN MY SOLE DISCRETION.
12.2. If I terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, I reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
13.1. I reserve the right to change, modify, or remove the contents of the App at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on my App. I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
13.2. I cannot guarantee the App will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Legal Terms will be construed to obligate me to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
14.CORRECTIONS
14.1. There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
15. DISCLAIMER
15.1. THE App ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE App WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE App AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE App' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE App AND I WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE App, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE App, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE App BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE App. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE App, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR App. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
16.1. IN NO EVENT WILL I OR MY DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE App, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ME DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN ME STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. INDEMNIFICATION
17.1. You agree to defend, indemnify, and hold me harmless, including my subsidiaries, affiliates, and all of my respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the App; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with my defense of such claims. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. USER DATA
18.1. I will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although I perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that I shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against me arising from any such loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19.1. Visiting the App, sending me emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY ME OR VIA THE App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. CALIFORNIA USERS AND RESIDENTS
20.1. If any complaint with me is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer App of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
21.1. These Legal Terms and any policies or operating rules posted by me on the App or in respect to the App constitute the entire agreement and understanding between you and me. My failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. I may assign any or all of my rights and obligations to others at any time. I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Legal Terms or use of the App. You agree that these Legal Terms will not be construed against me by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
22. CONTACT ME
22.1. In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact me by email at trailcatch@icloud.com.