1. Introduction and Acceptance of Terms
Welcome to the TourenUp App, developed and operated by Denis Bondar, sole proprietor and creator of the TourenUp platform (“TourenUp,” “we,” “us,” or “our”). By downloading, accessing, or using the TourenUp App, website, or associated services (collectively, the “Services”), you agree to comply with and be bound by these Terms of Use (“Terms”). These Terms form a legally binding agreement between you (“User” or “you”) and TourenUp. If you do not agree, please refrain from using the Services. We may update these Terms at our discretion. Changes will be posted on the App, and your continued use constitutes acceptance of the revised Terms. These Terms incorporate our Privacy Policy, which you also accept by using the Services. The Services comply with Apple’s App Store Review Guidelines and Google Play policies to ensure a secure and reliable user experience.
1.1. Purpose and Scope The TourenUp App is a community-driven platform for exploring, creating, and sharing GPS-based routes, waypoints, and related content like photographs, comments, and trail reports. These Terms govern your access to and use of all Services, content, and functionality offered via the App.
1.2. Eligibility You must be at least 16 years old and have the legal capacity to enter into these Terms. By using the App, you confirm compliance with all applicable local, national, and international laws, including Luxembourg’s data protection laws, GDPR, and CCPA where applicable.
‍1.3. User Representations and Warranties By using the Services, you represent and warrant that:
- You are at least 16 years old.
- You have the legal capacity to enter into these Terms.
- You will use the Services in compliance with all applicable laws and regulations.
- Any information you provide is accurate and complete.

2. Registration and User Accounts
2.1. Account Creation and Maintenance To access certain features, you must register and create a user account (“Account”) with accurate, complete, and current information (e.g., name, email, password). You may not use false information or impersonate others.
‍2.2. Security and Responsibility You are responsible for maintaining the confidentiality of your Account credentials. Notify us immediately at denis@touren.tech of any unauthorized use or security breach. TourenUp is not liable for losses due to your failure to safeguard your credentials.
‍2.3. Multiple and Shared Accounts You may create and use only one Account. Creating multiple Accounts to circumvent bans or restrictions is prohibited. Sharing your Account with others is not allowed, and violations may result in suspension or termination.
‍2.4. Account Suspension and Termination We may suspend or terminate your Account if you violate these Terms or engage in harmful conduct. In such cases, we will provide notice via email, except where immediate action is necessary for security reasons. Upon termination, you will have a reasonable opportunity (typically 30 days) to export your data before your Account is closed. If you believe your Account was terminated in error, you may contact us at denis@touren.tech to appeal the decision. In accordance with applicable data protection laws, including GDPR, you have the right to request a copy of your personal data in a structured, commonly used, and machine-readable format. To request your data, please contact us at denis@touren.tech.
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‍3. User-Generated Content and Conduct
3.1. Types of User-Generated Content Users may upload and share:
- GPS Routes: Recorded or manually created routes, including those from uploaded GPX files.
- Waypoints: Specific points of interest.
- Photographs and Videos: Media associated with routes or activities.
- Comments and Reviews: Feedback on routes or experiences, including trail reports.
- Metadata: Timestamps, geolocation, activity type, or distance.
3.2. User Content Ownership and Rights You retain ownership of your User Content, including trails, GPX files, and trail reports. By uploading content, you grant TourenUp a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license to use, reproduce, display, and distribute your content solely for operating and promoting the Services. You may revoke this license by deleting your content through the App or by contacting us at denis@touren.tech to request removal of your User Content. By submitting a trail report, you grant TourenUp permission to display your feedback, including ratings and comments, on the App and its website, visible to other users. 3.3. Responsibility for Content You are solely responsible for your User Content and warrant that:
- You own or have rights to share the content, including GPX files.
- It does not infringe third-party rights (e.g., intellectual property, privacy).
- It complies with applicable laws and our community guidelines. For clarity, if you upload a GPX file that you did not create, you must have obtained all necessary permissions from the original creator to upload and share that file through the Services. Failure to do so may result in the removal of the content and potential account suspension.
3.4. Prohibited Conduct You may not:
- Upload harmful content (e.g., malware, viruses).
- Infringe third-party rights (e.g., copyrights, trademarks).
- Engage in harassment, threats, or abusive behavior.
- Use bots, crawlers, spiders, or other automated tools to scrape, mine, or collect data for commercial or competitive purposes (e.g., replicating trails for rival apps).
- Promote rival services within the App’s community features.
- Misrepresent your identity or affiliations (e.g., posing as a TourenUp employee).
- Post content that is offensive, discriminatory, or otherwise inappropriate, as determined by TourenUp in its sole discretion.
Community Guidelines: You agree to use the Services in a manner that is respectful and considerate of other users. This includes refraining from posting offensive, discriminatory, or harassing content, and respecting the privacy and intellectual property rights of others. We reserve the right to remove any content that violates these guidelines and to suspend or terminate accounts of users who repeatedly violate them. Violations may result in content removal, account suspension, or legal action. 3.5. Content Review and Moderation We may review, edit, or remove User Content that violates these Terms or is inappropriate. We may remove any User Content that we believe, in our sole discretion, infringes upon the intellectual property rights of any third party, including but not limited to copyrighted GPX files. We prioritize community safety and may issue warnings, suspend accounts, or refer matters to law enforcement.
‍3.6. Reporting Content Violations Report violations to denis@touren.tech. We will investigate but do not guarantee content removal based solely on reports.
‍3.7. Feedback If you provide any feedback, suggestions, or ideas regarding the Services, you grant TourenUp a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and support such feedback for any purpose.

‍4. License and Intellectual Property Rights
4.1. Ownership of TourenUp Content All app content, designs, and software are owned by TourenUp or its licensors, protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use.
‍4.2. Restrictions on Use You may not:
- Copy, modify, sell, or lease any part of the Services.
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or proprietary methods (e.g., route optimization) of the TourenUp App or its Services.
- Use automated tools to scrape, mine, or collect data from the Services for commercial or competitive purposes.
- Use the Services for commercial purposes without permission.
Competition Protections: Any attempt to replicate or misuse proprietary features, including route optimization algorithms or trail data, for competitive purposes is strictly prohibited. Violations may result in account termination and legal action.
‍4.3. User Content License Your User Content license to TourenUp is limited to app operation and promotion, as outlined in Section 3.2.

‍5. Privacy and Data Security
5.1. Data Collection and Use We collect data (e.g., registration, location, activity) as described in our Privacy Policy. Location data is used solely for providing navigation and trail recommendations and is not shared with third parties without your explicit consent. We comply with GDPR, CCPA, and Luxembourg’s data protection laws.
‍5.2. Data Security We use industry-standard encryption (e.g., AES-256) to protect your data. However, no system is 100% secure, and we are not liable for unauthorized access beyond our control.

‍6. Rewards System
‍TourenUp offers a rewards system where users can earn Trail Coins for various activities within the app. Trail Coins are points that can be used for specific purposes as detailed below. The rewards system is designed to encourage user engagement and contributions to the community. TourenUp reserves the right to modify, suspend, or discontinue the rewards system at any time, with or without notice.
‍6.1. General Provisions
‍- Trail Coins have no cash value
- Trail Coins do not expire as long as your account is active.
- TourenUp reserves the right to adjust the number of Trail Coins earned for any activity, change the utilities of Trail Coins, or discontinue the rewards system entirely, with or without notice.
- By participating in the rewards system, you agree that Trail Coins are points with no intrinsic value, and their use is subject to these Terms.
- TourenUp is not responsible for any losses, damages, or disputes arising from the rewards system, including but not limited to technical issues, account errors, or changes to the system.
6.2. Trail Sections, Technical Challenges & Leaderboards The TourenUp App includes functionality for users to define and share Sections, which are designated technical parts of a trail intended for timed challenges or performance comparison. These Sections may include steep climbs, descents, obstacles, or other riding challenges that are part of a broader route.
- Leaderboard and Recognition: Riders who complete these Sections may be ranked on public leaderboards based on time, performance, or completion metrics. Badges, Trail Coins, and other rewards may be earned through participation.
- Community Challenges: TourenUp may launch time-bound or ongoing missions encouraging riders to complete specific Sections for rewards and visibility within the community.
- No Liability Disclaimer: Users who create and publish Sections do so voluntarily and agree that they are not responsible for any injuries, accidents, or damages that may occur to others while attempting these Sections. All riders engage in Section challenges at their own risk. TourenUp assumes no liability for injuries, damages, or losses resulting from participation in Section-based activities.
- Safety Reminder: Riders are expected to assess their own skill levels and trail conditions before attempting any Section. Unsafe or reckless riding is strongly discouraged, and TourenUp encourages adherence to all safety regulations and responsible riding practices.

7. Dispute Resolution and Arbitration
7.1. Governing Law These Terms are governed by the laws of the Grand Duchy of Luxembourg, without regard to conflict of law principles.
‍7.2. Arbitration Clause Disputes will be resolved through good-faith discussions. Unresolved disputes shall be referred to binding arbitration under the rules of the Luxembourg Chamber of Commerce Arbitration Centre.

‍8. Limitation of Liability
8.1. Limitation of Liability To the extent permitted by Luxembourg law, TourenUp and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, except in cases of gross negligence or willful misconduct.
‍Trail Accuracy Disclaimer: TourenUp does not guarantee the accuracy, completeness, or suitability of any user-generated trails, including those uploaded via GPX files. You use such trails entirely at your own risk, and TourenUp shall not be liable for any injuries, damages, or losses resulting from your use of the trails provided through the Services.
‍8.2. Indemnification You agree to indemnify TourenUp and its affiliates from claims, damages, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.
‍8.3. Disclaimer of Warranties The Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. TourenUp does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. You assume all risks associated with your use of the Services.

‍9. Modification of Terms and Services
‍We may modify these Terms or Services at any time. Changes will be posted, and continued use constitutes acceptance.

‍10. General Provisions
10.1. Entire Agreement These Terms, the Privacy Policy, and other published legal notices constitute the entire agreement between you and TourenUp, superseding prior agreements. We provide equal access to any APIs for authorized developers, subject to technical and security requirements, to promote fair competition.
‍10.2. Third-Party Services The TourenUp App may integrate with third-party services (e.g., mapping APIs). These services are subject to their own terms and privacy policies. TourenUp is not liable for any actions or failures of these third-party services.
‍10.3. Severability If any provision is invalid, the remaining provisions remain in effect.
‍10.4. No Waiver Failure to enforce any provision is not a waiver of our rights.
‍10.5. Force Majeure TourenUp shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, strikes, or government actions.
‍10.6. Assignment You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at our discretion.
‍10.7. Survival The following sections shall survive termination of these Terms: 8 (Limitation of Liability), 8.2 (Indemnification), 8.3 (Disclaimer of Warranties), and 10 (General Provisions).
‍10.8. Notices All notices or communications under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email to the address provided in your Account, or posted on the App. By using the Services, you consent to receive communications from us electronically.
‍10.9. Choice of Language These Terms are provided in English. If these Terms are translated into another language, the English version shall prevail in case of any conflict or ambiguity.

‍11. Contact Information
‍- Email: denis@touren.tech

12. Subscriptions and Billing
‍TourenUp offers subscription plans that provide access to premium features and content. The current subscription plans and their U.S. prices are as follows (may vary by region):
- Season Pass: $2.99 per month or $17.99 for six months (which equates to a discounted monthly rate when paid semi-annually).
- Monthly Subscription: $4.99 per month.
By subscribing, you authorize TourenUp to charge the payment method you provide for the subscription fees. Subscription fees are non-refundable, except as required by law. You may cancel your subscription at any time, and your cancellation will take effect at the end of the current billing period. No refunds will be provided for partial billing periods. We reserve the right to change the subscription prices or terms at any time, with notice to you. If we change the subscription prices, we will provide you with at least 30 days’ notice before the changes take effect. If you do not agree to the changes, you may cancel your subscription before the changes take effect.