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Outora Terms of Use

Draft. These terms are published as a clearly-marked draft ahead of formal adoption. Bracketed placeholders — the entity name and the effective date — resolve when Outora LLC is formed and these terms formally take effect. The substance is real: this is how Outora works today.

Version: 1.0-draft
Effective date: [Effective date — set at publication]
Entity: [Outora LLC, a New York limited liability company — formation pending; “Outora,” “we,” “us”]
Contact: privacy@outora.app

The short version

Outora exists to get you outside — and the outdoors is gloriously real, which means it isn't risk-free, and no app changes that. These terms put the honest version in enforceable form. Out there, the judgment and the risk are yours: Outora motivates adventures; it doesn't navigate them, and it's never a safety tool. In here, the honor system runs on trust — so be straight with it, and good to your fellow Explorers. And while we build, the app comes as-is. Your history stays yours — step away anytime and it's waiting for you; delete your account and it's actually gone.

1. Agreement and eligibility

By creating an account (including a guest account) or using Outora, you agree to these Terms of Use and to the Outora Privacy Policy. If you do not agree, do not use Outora.

You must be at least 13 years old to use Outora. If you are under the age of majority where you live, you may use Outora only with a parent or guardian's permission, and adventures only under appropriate adult supervision.

2. What Outora is — and is not

Outora is where you discover outdoor adventures, check in at real-world locations, earn badges, and build a record of your outdoor history.

Outora is not a navigation, wayfinding, safety, or emergency tool. It is not a substitute for maps, route planning, weather judgment, appropriate equipment, physical preparation, or common sense. Location data, coordinates, pins, difficulty indications, trail information, and any other content in Outora are provided for motivation and record-keeping, may be inaccurate, incomplete, or out of date, and must never be relied on for navigation or safety decisions. Always carry and know how to use appropriate navigation tools, and always tell someone where you're going.

3. Assumption of outdoor risk

Outdoor activity — including but not limited to hiking, climbing, scrambling, and travel to and from trailheads, summits, fire towers, waterfalls, and other outdoor locations — is inherently dangerous. Risks include, without limitation: falls, injury, illness, hypothermia, heat illness, wildlife, falling objects, weather, terrain and trail conditions, water hazards, getting lost, equipment failure, remoteness from medical care, and the actions of other people. These risks can result in serious injury, disability, or death.

By using Outora you acknowledge and voluntarily assume all risks of outdoor activity you undertake, whether or not an activity was discovered through, recorded in, or motivated by Outora. You are solely responsible for evaluating your own fitness, skills, equipment, the weather, the conditions, and the suitability of any adventure, and for all decisions you make outdoors. Outora does not inspect, maintain, verify, or control any real-world location.

You are also solely responsible for where you go: for confirming legal access, respecting private property, closures, permits, regulations, and posted rules, and for complying with all applicable laws. An adventure's presence in Outora is not a representation that access is legal, open, safe, or appropriate for you.

4. Accounts

5. Explorer conduct

You agree not to:

We may suspend or terminate accounts for material violations of this section. That is a protective measure for the community, not a punishment mechanic — and it is the only circumstance in which any part of your Outora history can be taken out of your reach by us.

6. Your content

“Your content” means what you contribute: check-in photos, your trail name and avatar, ratings, data-problem reports, and similar contributions.

7. Outora's content and data sources

The Outora app, brand, design, badges, and curated content are owned by Outora or its licensors and are protected by intellectual-property laws. We grant you a personal, non-transferable, revocable license to use the app for your own non-commercial use as an Explorer.

Adventure data in Outora is built from public and licensed sources, credited on Outora's Data Sources page, plus Outora's own curation. Some underlying source data remains subject to its own license terms (for example, OpenStreetMap data under the Open Database License); nothing in these terms restricts rights you have directly under those licenses from the original sources.

8. The service, features, and changes

9. Termination

You can stop using Outora at any time, and you can delete your account in-app at any time (deletion works as the Privacy Policy describes). We may suspend or terminate accounts as described in Section 5, or discontinue the service; if we discontinue Outora entirely, we will make reasonable efforts to give notice in advance.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW: OUTORA IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, OUTORA MAKES NO WARRANTY THAT ANY LOCATION DATA, COORDINATES, ROUTES, DIFFICULTY INFORMATION, OR OTHER CONTENT IS ACCURATE, COMPLETE, CURRENT, OR SAFE TO RELY ON, AND NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: OUTORA AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL; AND WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OUTDOOR ACTIVITY OR FROM RELIANCE ON ANY CONTENT IN THE SERVICE. IN ALL CASES, OUTORA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID OUTORA IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND (B) FIFTY U.S. DOLLARS (US $50).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW PERMITS. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.

12. Indemnification

You agree to indemnify and hold Outora harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your content, your violation of these terms, your violation of law or third-party rights, or your outdoor activity — except to the extent caused by Outora's own willful misconduct.

13. Governing law and disputes

These terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in New York, and both sides consent to their jurisdiction. [Venue county — set at publication.] You and Outora each waive any right to a jury trial and agree claims may be brought only individually, not as a class — to the extent permitted by law.

14. App platform terms (Apple)

If you use Outora on an Apple device: these terms are between you and Outora, not Apple; Apple has no obligation to provide maintenance or support for the app and no warranty obligation beyond any refund of the purchase price (Outora is free); Apple is not responsible for addressing claims relating to the app (including product liability, regulatory claims, and IP claims); you must comply with the App Store terms of service and applicable usage rules; and Apple and its subsidiaries are third-party beneficiaries of these terms, entitled to enforce them against you. You represent that you are not located in an embargoed country and are not on any U.S. government restricted-party list.

15. General

If any provision of these terms is held unenforceable, the rest remain in effect. These terms plus the Privacy Policy are the entire agreement between you and Outora about the service. We may assign these terms in connection with a change of ownership of Outora; you may not assign them. Our not enforcing a provision is not a waiver. Sections that by their nature should survive termination (including 3, 6–7, and 10–14) survive.

16. Contact

privacy@outora.app · [Outora LLC — formation pending]