Peak Explorer

Additional Terms and Safety Information

1. About these terms

Peak Explorer ("the app") is developed by Eduard Fartade, Via Niso 46, 00040 Ardea (RM), Italy, VAT number (P.IVA) 01755250550 ("we", "us").

The app is licensed to you, not sold, under Apple's Licensed Application End User License Agreement (the "Standard EULA"), which you accept when you download it from the App Store. These terms add information and notices that are specific to Peak Explorer. They supplement the Standard EULA and do not replace it. Where these terms give you more rights or more information than the Standard EULA, you can rely on them.

In the app, the "Terms of Use" link opens Apple's Standard EULA, which is the license agreement for Peak Explorer. This page adds information and notices about the app; it does not ask you to accept anything beyond the Standard EULA.

Nothing in the Standard EULA or in these terms limits the rights you have as a consumer under mandatory law, including the Italian Consumer Code (Legislative Decree 206/2005) and the consumer law of your country of residence.

2. Free trial

• You can use every feature of the app free of charge for 3 days (72 hours). The trial starts when you tap Start Free Trial on the welcome screen, after the app has told you how long it lasts and what happens afterwards.
• The trial needs no payment details and there is nothing to cancel: it simply ends.
• The trial can be used once on each iPhone. Deleting and reinstalling the app does not start a new one, and neither does restoring a backup made after the trial started.

3. One-time purchase

• After the trial you can unlock the app with a single in-app purchase. It is not a subscription and never renews.
• The price is shown on the App Store and in the app before you confirm, in your local currency. Apple sets prices by country, and they may change over time; a change never affects a purchase already made.
• Payment is processed by Apple and charged to your Apple Account when you confirm. The transaction is governed by Apple's Media Services Terms and Conditions.
• The purchase unlocks all the features of the app and all its country map packs, including the countries added after you buy, at no extra cost. You can restore it at no charge on your other devices signed in to the same Apple Account, with Restore Purchases on the purchase page.
• Family Sharing is not available for this purchase.
• The purchase covers the app as offered on the App Store, including the updates we make available for it. We will supply the updates, including security updates, needed to keep the app in conformity for the period you can reasonably expect. We cannot guarantee that the app will stay compatible with every future version of iOS or watchOS, or remain on the App Store indefinitely; this does not affect your statutory rights.

4. After the trial, without a purchase

• The app locks, and tapping it opens the purchase page. Maps (including the ones you downloaded), trails, the planner, recording and weather are no longer available.
• Your downloaded maps, hikes and routes are not deleted: they stay on your device, and the maps come back as soon as you unlock the app.
• Your hikes and routes stay available: on the purchase page, the "Your Hikes and Routes" section lets you open them, export them as GPX files, rename them or delete them. Showing them on the map, following a hike again and importing new GPX files need the unlocked app.
• A recording that is running when the trial ends is not interrupted. The app locks when you finish it, and no new recording can be started.
• The Emergency Location screen always stays available, with or without a purchase.

5. Refunds, withdrawal and legal guarantee

• In-app purchases are made through the App Store, and Apple handles payment, billing and refunds. Refunds are requested from Apple at reportaproblem.apple.com. We cannot see your payment details or issue refunds ourselves.
• If you are a consumer in the European Union, your right of withdrawal and how to exercise it are described in the Apple Media Services Terms and Conditions that apply to your purchase.
• Your statutory rights regarding the conformity of digital content (EU Directive 2019/770 and Articles 135-octies and following of the Italian Consumer Code) are not affected. If the app does not work as described, please write to us: we want to fix it.

6. Map packs and online features

• Offline maps are offered as one pack per country, downloaded from within the app (Offline Areas) through Apple's servers. Countries without a pack are marked as coming soon. More countries are added over time and are included in the one-time purchase (see section 3), but we do not promise specific countries or dates.
• Packs are built from OpenStreetMap data as it was on a given date. They are updated from time to time and may not reflect recent changes on the ground.
• Downloading a pack needs an internet connection and free storage space on your device.
• Some features work only online and depend on services run by others: Apple Maps styles, place names, weather forecasts, radar and lightning, and pack downloads. These services can be interrupted, changed or discontinued by their providers. If that happens, we may have to change or remove the feature concerned; where reasonably possible we will look for an alternative. Such a change costs you nothing and we will explain it clearly in the app or in its update notes. If it affects your access to or use of the app more than in a minor way, we will tell you in advance, and you will have the rights that Article 19 of Directive (EU) 2019/770 and the corresponding provisions of the Italian Consumer Code give you in that case, including, where they apply, the right to end the contract free of charge within 30 days.

7. Outdoor safety and the limits of the app

Peak Explorer helps you plan and enjoy time outdoors, but it is not a safety device. Hiking, mountain biking and mountaineering carry risks that no app can remove, and you remain responsible for your own decisions and safety. Plan with official sources, check conditions and the weather before you set out, carry suitable equipment, including a paper map and a compass, tell someone your plans, and turn back when in doubt.

• Map data can be wrong or out of date. Trails, grades and points of interest come from OpenStreetMap, which is compiled by volunteers. A trail may be missing, closed, damaged or drawn in the wrong place, and a hut or spring may no longer be there.
• Grades are indicative. SAC (T1–T6) and Singletrail (S0–S6) grades are set by contributors. Real difficulty changes with the season, snow, ice, weather and your own experience and fitness.
• Numbers are estimates. Planned routes are calculated automatically and are suggestions: check them before you follow them. Times, distances, elevation gain, arrival times, calories and heart-rate values are estimates.
• Positions can be inaccurate. GPS accuracy and elevation vary with terrain, trees, weather and your device.
• Weather is for information. Forecasts, radar and lightning come from third-party services, may be delayed, incomplete or wrong, and are not an official warning service. Follow the warnings of national weather services and local authorities.
• Health values are not medical. Heart rate, effort zones and calories are for general fitness information only. They are not medical advice, and the app is not a medical device.
• Phones have limits. Batteries run out, devices get damaged and signal disappears. Do not rely on your phone as your only means of navigation or communication.
• Always follow signs, closures and local rules on the ground, even where the map shows something different.

8. The Emergency Location screen

The Emergency Location screen shows your coordinates, elevation and accuracy in large type, and lets you call a number or prepare a text message to up to three contacts using the Phone and Messages apps on your iPhone.

9. Using the app responsibly

• Respect the law and local rules, including access rules in protected areas, private land, seasonal closures and restrictions on bikes.
• Don't handle your phone while riding, or in exposed terrain where you need your hands and your attention.
• Don't use the app for unlawful purposes, and don't copy, resell or reverse-engineer it except where the law allows. The Standard EULA sets out the other license conditions.

10. Map data, third-party content and intellectual property

• Map data © OpenStreetMap contributors. The map packs are derivative databases of OpenStreetMap data and are available under the Open Database License 1.0. How they are made is published on the Licenses page.
• Terrain, weather data, software and fonts from third parties are used under the licenses listed on the Licenses page. Their providers do not endorse Peak Explorer.
• If you find a mistake in a trail or a grade, you can correct it directly on OpenStreetMap, for everyone.
• The app, its design, its icon and its texts are © Eduard Fartade, except for third-party content and components.

11. Liability

We develop Peak Explorer with care. As explained in sections 6 and 7, however, we cannot guarantee that map, weather or other third-party data are complete, accurate or up to date, or that the app and the online services it relies on will always work without interruption.

Nothing in these terms or in the Standard EULA excludes or limits our liability:

• for death or personal injury caused by our fault;
• for wilful misconduct (dolo) or gross negligence (colpa grave);
• under product liability law;
• or in any other case where liability cannot be excluded or limited under applicable law, including the Italian Civil Code, the Italian Consumer Code and EU law.

In particular, we do not apply to consumers the USD 50 limit on liability set in the Standard EULA.

Apart from the cases above, our liability follows the general rules of Italian law: we are liable for damage caused by our failure to perform our obligations (Article 1218 of the Italian Civil Code), within the limits of the damage that could be foreseen when you got the app (Article 1225), and not for damage you could have avoided with ordinary care, for example by following the safety information in section 7 (Article 1227). This does not limit your rights if the app is not in conformity with the contract (section 5).

12. Changes

We may update the app and these terms, for example to add features or to comply with the law. The current version of these terms is always the one on this page, with its date at the top. Changes apply from the date they are published; they do not affect purchases already made or your statutory rights.

13. Governing law and disputes

• If you live in the European Union, Switzerland, Norway or Iceland, these terms are governed by the law of the country where you usually live, and its courts have jurisdiction, in line with the Standard EULA. For consumers resident in Italy this means Italian law and the court of the consumer's place of residence or domicile (Article 66-bis of the Italian Consumer Code).
• If you live elsewhere, these terms are governed by Italian law, without prejudice to the mandatory consumer protection of your country of residence (Article 6 of Regulation (EC) 593/2008, "Rome I"). If you are a consumer, you can also bring proceedings in the courts of the place where you live.
• Before going to court, please write to us: most problems can be solved quickly. If you live in the EU and the dispute is cross-border, the European Consumer Centres Network (ECC-Net) can also help you free of charge.

14. Contact and language versions

peakexploreroffline@gmail.com · Eduard Fartade, Via Niso 46, 00040 Ardea (RM), Italy

These terms are available in English and in Italian. The two versions have the same content. If they ever differ, the Italian version prevails for users resident in Italy and the English version for everyone else; in any case, anything unclear is interpreted in the way most favorable to you.