FATMAP USER AGREEMENT
Last updated: January 2023
Welcome to FATMAP.
FATMAP exists to help you find better and safer adventures in the outdoors.
We aim to make your rights and responsibilities relating to these terms in the User Agreement clear and easy to understand. The most current version of this User Agreement comprises these terms, our Privacy Policy, and all incorporated policies. Please review them carefully. If you have any questions about these terms or our Privacy Policy, you can contact us any time at hello@fatmap.com.
A FEW WORDS ABOUT SAFETY
At FATMAP, safety is of the utmost importance to us. Please take the time to read the below safety warnings carefully.
Participating in mountain or outdoor sports is potentially dangerous and it is your responsibility to always evaluate the risks of taking part in an activity in any particular area or particular conditions. You should never ski, bike or hike outside of your ability or fitness level, or in such places, or in such a way, or at such a speed as to endanger yourself, other mountain users or other people's property. Your choice to ski, bike or hike on any particular slope or along any particular route is solely your decision and is undertaken at your own risk.
It is your responsibility to check the weather forecast and safety bulletins such as the avalanche forecast. Always make sure you have the right equipment for the terrain and the conditions, tell people where you are going and always have an alternative plan. The outdoors can potentially be a dangerous and dynamic environment and requires you to check the physical conditions on any particular slope or along any particular route. We strongly recommend that you are accompanied by a qualified and experienced professional of your choosing.
When you are in any resort, national park or outdoor area, familiarize yourself with, and abide by, the stated rules and regulations at all times.
The FATMAP service is for recreational use. Use of the FATMAP mobile app, the FATMAP website (fatmap.com), and any associated products and services is at your own risk. The FATMAP service is not a safety device and must not be relied upon as a navigation safety tool.
We recommend only using the FATMAP service while stationary, and not to undertake any outdoor activity with a mobile device in your hand.
Safety is an individual assessment and YOUR responsibility. We recommend being sensible, staying alert and respecting the mountain and other people.
SCOPE OF THESE TERMS
FATMAP’s User Agreement informs you of the terms under which you may use the FATMAP mobile app, the FATMAP website (fatmap.com), and any associated products and services. By accessing, using or uploading or downloading any information or materials to or from the services, or by creating a FATMAP account, you accept these terms of use and you agree to abide by them.
When you accept these terms of use, you also accept our Privacy Policy.
If the terms found in this FATMAP User Agreement are not acceptable to you, you will need to cease using the FATMAP mobile app, website, and any related products and services.
The FATMAP User Agreement is a legal agreement between you and Terrascope Limited and grants you a non-transferable, non-exclusive licence to use the FATMAP service on the basis of this User Agreement and subject to any rules or policies applied by the app store where you downloaded the FATMAP mobile app. FATMAP remains the owner of the FATMAP mobile app, website, and associated products and services.
MODIFICATION OF TERMS
Certain terms may be supplemented or superseded by expressly designated legal notices. FATMAP reserves the right to update the terms at any time and for any reason in its sole discretion. FATMAP will notify you of any material changes to the terms or to any service or other features of the services by updating this page. Where appropriate, you may be notified the next time you start the FATMAP mobile app or website.
By continuing to use the FATMAP mobile app, website, and any related products and services after changes are made, you are agreeing to accept the changes.
Registration and Accounts
The FATMAP service is intended solely for persons who are 13 years old or such higher age required in your country to use the FATMAP service. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to this User Agreement on your behalf.
PREMIUM SUBSCRIPTIONS
The basic FATMAP App is free to use.
FATMAP Premium is available as a subscription. You can subscribe and pay on the web or on mobile, for example through your iTunes account (iOS users) or through Google Play (Android users).
To see the current subscription price in your local currency, FATMAP recommends navigating to the app store, the play store, or visit the FATMAP website (FATMAP.com) where you obtained your subscription.
Payment will be charged to your app store or the FATMAP website payment account at confirmation of purchase.
Your subscription will automatically renew and your app store or FATMAP website payment account will be charged unless canceled at least 24 hours before the end of the current subscription period.
You can cancel your subscription at any time in your app store or FATMAP website settings. You can go there by using the 'Manage subscription' link in the FATMAP mobile app. If you cancel your subscription, you will still have access to FATMAP Premium for the remainder of your current subscription term, after which your subscription will not renew and your access to FATMAP Premium will end. If it is your intention to terminate your account, please refer to the “Termination” section and terms of this User Agreement or our Privacy Policy.
PERSONAL DATA AND PRIVACY
Privacy is important to FATMAP, and we are committed to respecting your privacy choices. Please review our Privacy Policy for more information.
The Privacy Policy details clearly the personal data about you that we collect, use, share, retain, and transfer.
The personal data you provide is used to manage your account and provide the FATMAP service. We never sell or share your personal data to any other company or organisation unless you provide explicit consent.
We use cookies on the FATMAP website to distinguish you from other users of the FATMAP services. We may receive information when you view content on our services, even if you have not created an account or are logged out. This helps us to provide you with a good experience when you use the FATMAP services. For more information about how we use cookies and how you can manage those preferences please visit our Cookie Policy. Disabling the use of cookies using your web browser may impact the functionality of the FATMAP services. To find out more information review our Privacy Policy.
CONTENT
When you add content to FATMAP and mark it as public, you acknowledge that you grant FATMAP a non-exclusive, textual, spatial and temporal unlimited right to use the content (e.g. text, images, brand and company logos, videos, audio files or routes) that you provided for this purpose.
FATMAP is authorized to present, publish, duplicate, distribute or lease the content in any manner, including for marketing purposes.
When you submit any content you must ensure you are the true owner of the content that you provide and that you do not infringe intellectual property rights of any other individual or organization. You confirm that you have the permission of all people in photos or videos to submit them to FATMAP. You understand that you are entirely responsible for any community content you post on the FATMAP service.
When you submit any content that is protected under a Creative Commons content licence, you are responsible for tagging the content with the correct and appropriate creative commons licence.
All content you submit to FATMAP must be legal, and must not be false, deceptive, fraudulent, threatening, harassing, abusive, offensive, defamatory, discriminatory, hateful, incite violence, or be otherwise objectionable and should not infringe or violate any other person's privacy.
GRANT AND LICENCE SCOPE
If you agree to the terms of this agreement, we grant you a non-transferable, non-exclusive licence to use FATMAP in accordance with this User Agreement. FATMAP expressly reserves all other rights.
The use of FATMAP is for personal purposes only.
You may use the FATMAP web app on any web browser. Additionally, you may download the FATMAP mobile app onto any supported Android or iOS mobile device that you own or have permission from the owner and a lawful right to use.
LICENCE RESTRICTIONS
Except as expressly set out in this User Agreement or as permitted by any local law, you agree:
not to use the FATMAP App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this User Agreement, or act fraudulently or maliciously;
not to violate any law or regulation;
not to infringe our intellectual property rights or those of any third party;
not to transmit any material that is defamatory, offensive or otherwise objectionable;
not to use the FATMAP service in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not to copy the FATMAP App;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the FATMAP App;
not to make alterations to, or modifications of, the whole or any part of the FATMAP App, or permit the FATMAP App or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the FATMAP App; and
not to use or copy any of the content from the FATMAP App in breach of the rights of any other users or owners of the content.
A violation of any of the stated restrictions is grounds for termination of your right to use or access the Services.
LIMITATION OF LIABILITY AND WARRANTIES
The FATMAP service and Premium Features are provided for recreational and private use. You agree not to use the FATMAP service and Premium Features for any commercial, business or resale purposes.
The information, software, products, services and content made available by FATMAP are provided to you “AS IS” and without warranty. FATMAP and its affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regards to such information, software, products, services and content, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non infringement, FATMAP and its affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) The FATMAP app will meet your requirements; (b) your content will be available or service will be uninterrupted, timely, secure or error-free; (c) The results that may be obtained from the use of FATMAP will be accurate or reliable; (d) The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) Any errors in the service will be corrected.
You expressly agree to release FATMAP, its affiliates, officers, agents, representatives, employees, partners and licensors (The “Released Parties”) from any and all liability in connection with your use of the FATMAP mobile app, web app, content, services or products, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event will the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) Your use or misuse of the services, (b) Your dealings with third-party service providers or advertisers available through the services, (c) Any delay or inability to use the services experienced by you, or (d) Any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if FATMAP has been advised of the possibility of damages.
FATMAP is only responsible for loss or damage you suffer that is a foreseeable result of our breach of this agreement. We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you a non-transferable, non-exclusive licence for use of the FATMAP service under the terms of this User Agreement.
The FATMAP service may contain links to independent third-party websites or third-party Services, for example, weather providers or local avalanche bulletins. Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party sites.
While we make all reasonable efforts to ensure that the digital mapping and data content you access in the FATMAP service is up to date and accurate, we cannot guarantee this mapping data and content as we have obtained the information from third parties. Emergency contact information, weather forecasts, satellite images, route descriptions, avalanche warnings, risk zone information, Points of Interest details and user-generated content are all obtained from third parties for which we are not responsible.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude our liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise.
You have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and the terms in this User Agreement do not affect those statutory remedies.
TERMINATION
FATMAP may terminate use of the FATMAP service immediately by written notice to you:
if you commit a material or persistent breach of this User Agreement which you fail to remedy (if remediable) within fourteen days after the written notice requiring you to do so; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
all rights granted to you under this User Agreement will cease;
you must immediately cease all activities authorised by this User Agreement, including your use of the FATMAP App; and
you must immediately delete or remove the FATMAP App from all of your devices and devices you received permission to use.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
DISPUTE RESOLUTION
ARBITRATION
The parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which will be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the FATMAP’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this User Agreement and your use of the FATMAP App will be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to this User Agreement, including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this User Agreement. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, FATMAP will pay the additional cost. You and FATMAP hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if FATMAP is a party to the proceeding. This dispute resolution provision will be governed by the U.S. Federal Arbitration Act. This provision does not apply to users who live outside the U.S.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
CLASS-ACTION WAIVER
The parties further agree that any arbitration will be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
EXCEPTION—LITIGATION OF SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
THIRTY-DAY RIGHT TO OPT OUT
You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: New Penderel House, 4th Floor, 283-288 High Holborn, London WC1V 7HP. The notice must be sent within 30 days of registering to use the Services; otherwise, you will be bound to arbitrate disputes in accordance with the terms of this User Agreement. If you opt out of these arbitration provisions, FATMAP also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, FATMAP may terminate your use of the FATMAP service.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with FATMAP and the terms in this User Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations will be determined in accordance with governing law for EU users mentioned below.
CHOICE OF LAW AND FORUM
Any action related to the terms in this User Agreement, Content, the Services, and your relationship with the FATMAP will be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing San Francisco, California and you consent to the exclusive jurisdiction of the federal or state courts embracing San Francisco, California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the FATMAP service or the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.
If you are a user based outside of the US, then English and Wales law will apply to the terms of this User Agreement and the English and Wales courts will have exclusive jurisdiction to hear disputes arising in relation to the terms of this User Agreement. FATMAP still retains the right to bring proceedings for breaches of the conditions in this User Agreement in your country of residence or any other relevant country. Despite this, your local laws in your Member State may allow you to take legal action against FATMAP in your Member State and to invoke certain local laws against FATMAP.
GENERAL
If you wish to contact us in writing you can contact us at Terrascope Limited, 4th floor, New Penderel House, 283-288 High Holborn, London, England, WC1V 7HP, United Kingdom or hello@fatmap.com.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this User Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control). If any Event Outside Our Control takes place that affects the performance of our obligations under this User Agreement: (a) our obligations under this User Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under this User Agreement may be performed despite the Event Outside Our Control.
We may transfer our rights and obligations under this User Agreement to another organisation, but this will not affect your rights or our obligations under this User Agreement. You may only transfer your rights or obligations under this User Agreement to another person if we agree to such transfer in writing.
If we fail to insist that you perform any of your obligations under this User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Each of the terms of this User Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.