Arcroute — Terms of Use

⚠️ DRAFT — NOT LEGAL ADVICE. This is a starting-point draft that must be reviewed by a qualified lawyer before publication, especially the safety and liability sections and their enforceability under EU/Czech consumer law. Text in [SQUARE BRACKETS] needs your input. It is the source for the future arcroute.app/terms web page.

Last updated: [DATE] Effective: [DATE]

1. Agreement

These Terms of Use (“Terms”) are a binding agreement between you and [LEGAL ENTITY / OPERATOR NAME] (“Arcroute”, “we”, “us”) governing your use of the Arcroute iOS application and related services (the “App”). By downloading, subscribing to, or using the App, you accept these Terms and our Privacy Policy. If you do not agree, do not use the App.

Because Arcroute is distributed through the Apple App Store, Apple’s Licensed Application End User License Agreement (the “Standard EULA”, https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) also applies, and these Terms are additional to it. Where these Terms and the Apple Standard EULA conflict on the license grant, the Apple Standard EULA governs; on all other matters, these Terms govern to the extent permitted.

2. Eligibility

You must be at least [18 / the age of majority in your country] and legally able to enter a contract to use the App. If you use the App while riding, you must hold a valid licence for the vehicle you operate and comply with all applicable traffic laws. You are solely responsible for determining that riding is legal and safe for you at any given time.

3. Licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple devices you own or control, for your own non-commercial use. You may not: reverse-engineer, decompile, or attempt to derive source code; resell, sublicense, or commercially exploit the App or its routing/search capabilities; abuse, overload, scrape, or circumvent rate-limits on our routing or search services; or use the App in violation of any law.

4. Subscriptions, billing, trials, and refunds

The App requires an active subscription to use. Subscriptions are sold as auto-renewing in-app purchases and are managed and billed by Apple through your Apple Account.

• Plans & trial. We offer [monthly and annual] plans. Eligible new subscribers may start with a [7]-day free trial; if you do not cancel before the trial ends, it converts to a paid subscription automatically.
• Auto-renewal. Your subscription renews automatically at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the period ends.
• Managing & cancelling. Manage or cancel anytime in Settings → Apple Account → Subscriptions (or via the App’s Settings → Subscription, which opens Apple’s manage screen). Cancelling stops future renewals; it does not retroactively refund the current period.
• Offer codes. We may issue offer codes (e.g. for testers or promotions) redeemable in the App or the App Store; they are subject to their stated terms and expiry.
• Refunds. Purchases are processed by Apple and are subject to Apple’s refund policy. We do not process payments and generally cannot issue refunds directly; request refunds through Apple. Nothing here limits any mandatory statutory refund/withdrawal rights you may have as a consumer.
• Price changes. We may change subscription prices; changes apply to future periods and, where required, only after notice and/or your consent as mandated by Apple and applicable law.
• Deleting your account does not cancel your subscription — cancel it separately with Apple.

5. Acceptable use

You agree to use the App lawfully and not to interfere with its operation, other users, or our providers. We may suspend or terminate access for violations (see §12).

6. Safety — read this carefully

Arcroute is a navigation aid, not a substitute for your own attention, judgement, and safe riding. You are always fully responsible for how you ride.

• Do not operate the App while riding in a way that distracts you. Set up your route before you set off. Interact with the device only when it is safe and legal to do so.
• Obey all traffic laws, signs, signals, and road conditions — they always take precedence over anything the App shows. Do not make illegal or unsafe manoeuvres because the App suggested a turn.
• Curvy/scenic routing prioritises interesting roads, not the fastest, easiest, or safest path. Routes may include narrow, steep, rough, seasonal, or challenging roads. You must assess whether a road is suitable and safe for you, your vehicle, your skill level, and the conditions, and decline any route or turn you are not comfortable with.
• Map, routing, and location data can be inaccurate, incomplete, or out of date. Roads may be closed, one-way, private, prohibited to motorcycles, physically impassable, or mis-mapped in the underlying data (including OpenStreetMap and third-party sources). GPS positioning can be wrong or unavailable. Never rely on the App where an error could cause harm.
• Not for emergencies. The App is not designed for emergency, safety-of-life, or time-critical routing.

By using the App you acknowledge these risks and accept that you ride at your own risk.

7. Your content and data

Rides, routes, and related data you create (“Your Content”) belong to you. You grant us a limited licence to host, store, process, and transmit Your Content solely to provide the App’s features (such as saving and syncing your rides across your devices). You are responsible for Your Content and for keeping your own copies where important to you. Our handling of personal data is described in the Privacy Policy.

8. Third-party services and data

The App relies on third-party services and data, including Apple, our map/search provider (Mapbox), and map data derived from OpenStreetMap (© OpenStreetMap contributors, available under the Open Database License). Your use of those services/data may be subject to their own terms and attribution requirements. We are not responsible for third-party services we do not control.

9. Availability and changes

We provide the App on an “as is” and “as available” basis. We may change, suspend, or discontinue features, or the App as a whole, at any time. We do not warrant that the App will be uninterrupted, error-free, accurate, or available in your area. This does not exclude or limit any warranty or conformity rights you have under mandatory consumer law, which continue to apply.

10. Limitation of liability

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes, and we do not exclude, liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; and any liability that cannot be excluded or limited under applicable law (including mandatory consumer-protection rights under EU/Czech law).

Subject to the paragraph above, and to the maximum extent permitted by law:

• We are not liable for accidents, injuries, damages, fines, losses, or delays arising from your use of, or reliance on, the App’s routes, guidance, maps, location, or availability, including where these are inaccurate, incomplete, or out of date;
• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill; and
• Where liability cannot be fully excluded, our total aggregate liability to you is limited to the amount you paid us for the App in the [12] months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in those cases the limitations apply only to the extent permitted.

11. Indemnity

To the extent permitted by law (and except where you are a consumer and mandatory law provides otherwise), you agree to indemnify us against third-party claims arising from your misuse of the App or breach of these Terms.

12. Suspension and termination

You may stop using the App and delete your account at any time. We may suspend or terminate your access if you breach these Terms, misuse the services, or where required by law. Provisions that by their nature should survive termination (e.g. §§6, 10, 11, 13) survive.

13. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW — e.g. the Czech Republic], without prejudice to any mandatory consumer-protection rules of the country where you live. If you are a consumer in the EU, you may bring proceedings in your country of residence, and you benefit from the mandatory provisions of your local law. [Consider referencing the EU Online Dispute Resolution platform if you serve EU consumers.]

14. Changes to these Terms

We may update these Terms. Material changes will be notified in the App or by updating the “Last updated” date; where required by law we will seek your consent. Continued use after changes take effect means you accept them, to the extent permitted by law.

15. Contact

[LEGAL ENTITY / OPERATOR NAME] · [ADDRESS] · support@arcroute.app.