TERMS AND CONDITIONS

Last updated July 28, 2024

AGREEMENT TO MY LEGAL TERMS


I am Ihar Petushkou ("Ihar Petushkou," "I," "me," "my"), sole proprietorship registered in Krakow, Poland.

I operate the mobile application TrailCatch (the "App" ), as well as any other related products and App that refer or link to these legal terms (the "Legal Terms") (collectively, the "App" ).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ihar Petushkou, concerning your access to and use of the App. You agree that by accessing the App, you have read, understood, and agreed to be bound by all of these Legal Terms.

You will see a dialog message in the App about updates to legal terms.
The App are intended for users who are at least 16 years of age.

You can contact me by email at trailcatch@icloud.com.

I recommend that you print a copy of these Legal Terms for your records.


IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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.

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