Privacy Policy

HIKE AND FLY SCORING SYSTEM

TERMS AND CONDITIONS

Last Updated: May 14, 2025

INTRODUCTION AND ACCEPTANCE

Welcome to the Hike and Fly Scoring System ("HFSS”, “Service”, “we”, “our”, or “us"), a platform designed for paragliding enthusiasts to track, score, and manage paragliding races and activities. These Terms and Conditions ("Terms”, “Agreement") constitute a legally binding agreement between Hike and Fly Scoring System, operated by Simone Severini, with headquarters in Switzerland ("Company”, “we”, “our”, “us") and you, the user of our Service ("User”, “you”, “your”, “Pilot”, or “Race Director").

By accessing, browsing, or using our website at www.hikeandfly.app or any of our mobile applications, APIs, or other related services (collectively, the “Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue the use of our Service.

These Terms apply to all visitors, users, and others who access or use the Service, including Race Directors, Pilots, spectators, and casual users. Special provisions may apply to certain user categories, which will be clearly identified in the relevant sections.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS, EXCLUSIONS, AND INDEMNITIES.

1. DEFINITIONS

To ensure clarity throughout this Agreement, the following terms shall have these specific meanings:

  • "Account": Your registered user profile on the Service, including all associated data and credentials.
  • "Content": Any information, data, text, graphics, photographs, videos, audio clips, written posts, articles, comments, software, scripts, or other materials that users provide or make available through the Service.
  • "Flight Data": GPS tracks, altitude measurements, speed calculations, route information, timing data, and any other technical data generated during paragliding activities.
  • "Intellectual Property": Any patents, trademarks, service marks, trade names, domain names, logos, designs, trade secrets, copyright, and other intellectual property and proprietary rights.
  • "Personal Data": Any information relating to an identified or identifiable natural person, as defined in our Privacy Policy.
  • "Pilot": A user who participates in races or tracks their paragliding activities using the Service.
  • "Platform": The technological infrastructure, software, and interfaces that constitute the HFSS Service.
  • "Race": An organized paragliding event with defined parameters, rules, and scoring methods managed through the Service.
  • "Race Director": A user who organizes, manages, and oversees races on the Platform.
  • "Scoring Algorithm": The proprietary mathematical calculations, formulas, and procedures used to evaluate and rank paragliding performances.
  • "User": Any individual who accesses or uses the Service in any capacity.
  • "User Content": Content that users submit, upload, publish, or display on or through the Service.

Additional terms may be defined within the body of these Terms.

2. ELIGIBILITY AND REGISTRATION

2.1 Eligibility Requirements

To use the Service, you must be at least 16 years of age. If you are under 18 years of age but at least 16 years old, you represent that you have obtained parental or guardian consent to use the Service and enter into these Terms. Certain features, such as race participation, may have additional age requirements as specified by applicable aviation authorities or competition organizers.

You must possess the legal capacity to enter into binding contracts and not be barred from doing so under any applicable laws. If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2.2 Account Registration

To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information as prompted by our registration form. This information may include, but is not limited to:

  • Your full name
  • A valid email address
  • Secure password
  • Date of birth
  • Contact information
  • Emergency contact details (for Pilots)
  • Additional information relevant to your use of the Service

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

2.3 Verification

We may implement verification procedures to confirm your identity or qualifications, particularly for Pilots and Race Directors. You agree to cooperate with such procedures, which may include providing proof of identity, paragliding qualifications, or other relevant documentation. We reserve the right to refuse or suspend service to anyone for any reason at any time if verification cannot be satisfactorily completed.

2.4 Account Types

The Service may offer different types of accounts with varying features and permissions:

  • Basic User Accounts: For accessing general features and viewing public race information
  • Pilot Accounts: For individuals who participate in races and track flight activities
  • Race Director Accounts: For individuals who organize and manage races
  • Administrative Accounts: For platform administrators and support staff

The specific features available to each account type may change over time and may be subject to additional terms.

3. SERVICE DESCRIPTION AND LIMITATIONS

3.1 Service Overview

The Hike and Fly Scoring System provides a platform for:

  • Tracking paragliding activities using GPS data
  • Organizing and managing paragliding races and competitions
  • Calculating and publishing race results using specialized scoring algorithms
  • Verifying race routes and waypoints
  • Monitoring pilot safety during races
  • Facilitating communication between race participants
  • Maintaining historical records of races and performances
  • Analyzing flight data for performance improvement

3.2 Beta Services and Features

Portions of the Service may be labeled as “beta,” “experimental,” “preview,” “early access,” or similar designations. These features are provided for testing and evaluation purposes and may contain bugs, errors, or inaccuracies. We offer no warranties for beta features and may modify or discontinue them at any time without notice.

3.3 Service Limitations

While we strive to provide a reliable and accurate service, you acknowledge and agree to the following limitations:

3.3.1 General Limitations

  • The Service is provided on an “as is” and “as available” basis
  • We do not guarantee uninterrupted or error-free operation
  • We cannot guarantee the accuracy of GPS data, which may be affected by various environmental factors
  • Results and calculations are dependent on the quality of input data
  • Service availability may be affected by factors beyond our control, including network conditions and hardware limitations

3.3.2 Safety Considerations

  • The Service is not designed or intended to be a primary safety system
  • Real-time tracking features are provided on a best-effort basis and should not be relied upon as the sole means of monitoring pilot safety
  • Emergency response coordination through the Service is supplementary to proper safety protocols and local emergency services
  • Users should always adhere to appropriate safety measures independent of the Service

3.3.3 Technical Limitations

  • GPS accuracy is subject to technical and environmental limitations
  • Battery consumption on tracking devices may vary and could affect data collection
  • Cellular or satellite connectivity is required for real-time tracking features
  • Server capacity and processing times may vary based on user load
  • Performance may be affected by the specifications of the user’s devices

3.4 Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. This includes the right to:

  • Add or remove features or functionality
  • Update the scoring algorithms and calculation methods
  • Change the user interface and user experience
  • Modify hardware and software requirements
  • Adjust service tiers and offerings
  • Update technical specifications and requirements

You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. USER OBLIGATIONS AND CONDUCT

4.1 General Obligations

As a user of our Service, you agree to:

  • Comply with all applicable laws, regulations, and these Terms
  • Maintain the security of your account credentials
  • Provide accurate and up-to-date information
  • Use the Service in a manner consistent with its intended purpose
  • Respect the rights and dignity of other users
  • Cooperate with verification procedures when required
  • Report any suspected breaches of security or misuse of the Service
  • Pay any applicable fees when due (if applicable to future service tiers)

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights
  • Impersonating another person or entity
  • Providing false or misleading information
  • Using the Service for any unauthorized or illegal purpose
  • Attempting to access accounts or data belonging to others
  • Interfering with or disrupting the integrity of the Service
  • Circumventing or manipulating the scoring system
  • Submitting fraudulent flight data or race results
  • Reverse engineering, decompiling, or disassembling any portion of the Service
  • Creating multiple accounts to circumvent restrictions or limitations
  • Scraping, crawling, or using automated methods to access the Service except as expressly permitted
  • Introducing viruses, trojans, worms, or other harmful code
  • Engaging in any activity that could damage, disable, or overburden our servers or networks
  • Harassing, threatening, or intimidating other users
  • Collecting personal information about other users without proper consent

4.3 Special Obligations for Race Directors

If you use the Service as a Race Director, you additionally agree to:

  • Create and manage races in accordance with applicable sporting regulations
  • Provide accurate and complete information about race parameters
  • Verify the eligibility and qualifications of race participants
  • Ensure proper safety protocols are established for races you organize
  • Monitor race progress and respond to issues in a timely manner
  • Validate race results and address disputes fairly
  • Maintain appropriate insurance coverage for races you organize
  • Obtain necessary permits and authorizations for organized events
  • Clearly communicate race rules and requirements to participants
  • Handle participant data in accordance with data protection laws

4.4 Special Obligations for Pilots

If you use the Service as a Pilot, you additionally agree to:

  • Ensure your paragliding activities comply with local aviation regulations
  • Maintain valid licenses, permits, and insurance as required by law
  • Provide accurate emergency contact information
  • Properly configure and maintain your tracking equipment
  • Follow race rules and safety protocols
  • Report safety concerns or incidents promptly
  • Verify your flight data for accuracy before submission
  • Respect airspace restrictions and flight limitations
  • Maintain your equipment in proper working condition
  • Accept final decisions regarding scoring and disputes

4.5 Content Guidelines

All content submitted to or through the Service must comply with these guidelines:

  • Content must not violate any applicable laws or regulations
  • Content must not infringe on the rights of any third party
  • Content must not be defamatory, obscene, or offensive
  • Content must not contain malicious code or deceptive elements
  • Content must not promote dangerous or illegal activities
  • Content must be relevant to the Service and paragliding activities
  • Content must respect the privacy and dignity of others

We reserve the right to remove any content that violates these guidelines, in our sole discretion.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of the Service

The Service, including all intellectual property rights in the software, design, text, graphics, user interface, visual interface, scoring algorithms, databases, and selection and arrangement of content, is owned by us or our licensors. These Terms do not transfer any ownership rights in the Service to you.

5.2 Limited License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purposes. This license is personal to you and cannot be transferred or used by any third party.

5.3 User Content

You retain all your ownership rights in any content you submit, post, or display on or through the Service ("User Content"). By providing User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and promoting the Service.

5.3.1 Flight Data License

For Pilots, you specifically grant us a license to:

  • Process your flight data for scoring and verification purposes
  • Display your flight tracks, routes, and results publicly
  • Use anonymized flight data for service improvement and research
  • Create and publish aggregated statistics based on flight data
  • Maintain historical records of races and performances

You represent and warrant that you own or have obtained all necessary rights and permissions to grant these licenses.

5.4 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use, implement, and commercialize the Feedback in any way and for any purpose without providing you compensation or attribution.

5.5 Trademarks and Brand Assets

The HFSS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without our prior written permission. Any use of our brand assets must comply with our brand guidelines, which may be updated from time to time.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us at simone.severini@hikeandfly.app with the following information:

  • A description of the copyrighted work that you claim has been infringed
  • A description of where the allegedly infringing material is located on the Service
  • Your contact information, including address, telephone number, and email
  • A statement by you that you have a good faith belief that the disputed use is not authorized
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner

6. DATA PROCESSING AND PRIVACY

6.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using the Service, you consent to the data practices described in our Privacy Policy.

6.2 Data Processing for Service Functionality

To provide the core functions of our Service, we must process certain data, including:

  • GPS coordinates and tracking data
  • Altitude and speed measurements
  • Route information and waypoints
  • Timing data and timestamps
  • User account information
  • Race parameters and configurations
  • Safety-related information

This processing is necessary for the performance of our contract with you and cannot be disabled while using the Service.

6.3 Special Categories of Data

Due to the nature of our Service, we may process special categories of personal data, such as:

  • Health and medical information relevant to race participation
  • Biometric data from integrated devices (with explicit consent)
  • Location data that may reveal sensitive information

We process such data with appropriate safeguards and based on your explicit consent or other legal bases as detailed in our Privacy Policy.

6.4 Third-Party Integrations

Our Service may integrate with third-party services such as Strava, Garmin, and others. These integrations are optional and activated at your discretion. When you enable such integrations, data may be exchanged between our Service and the third-party service in accordance with both parties’ privacy policies. You are responsible for reviewing and understanding the privacy practices of these third-party services.

6.5 Data Retention

We retain your data in accordance with our data retention policy as detailed in our Privacy Policy. Different types of data may have different retention periods based on their purpose, legal requirements, and operational needs.

7. SAFETY AND RISK ACKNOWLEDGMENT

7.1 Inherent Risks

Paragliding is an inherently dangerous activity that involves significant risks, including the risk of serious injury or death. By using our Service in connection with paragliding activities, you acknowledge and accept these risks. You understand that our Service cannot eliminate or mitigate the inherent dangers of paragliding.

7.2 Safety Responsibilities

You agree and acknowledge that:

  • You are solely responsible for your own safety during paragliding activities
  • Our tracking and monitoring features are supplementary and not a replacement for proper safety protocols
  • The Service is not designed or intended to be a primary safety system
  • Technical limitations may affect the accuracy and reliability of tracking and safety features
  • Response to emergencies detected through our Service is not guaranteed
  • You must maintain your own safety equipment and protocols independent of our Service

7.3 Not a Substitute for Training

Our Service does not provide paragliding training or instruction. Nothing in the Service should be construed as professional advice regarding paragliding techniques, safety practices, or equipment selection. You are responsible for obtaining proper training, certification, and experience before engaging in paragliding activities.

7.4 Weather and Environmental Conditions

Our Service may provide weather information or environmental data, but such information:

  • Is provided by third-party sources over which we have no control
  • May not be accurate, complete, or up-to-date
  • Should not be used as the sole basis for flight decisions
  • Is not a substitute for proper weather assessment by qualified pilots

You are responsible for evaluating weather and flying conditions independently of our Service.

7.5 Emergency Response Limitations

While our Service may include features designed to detect emergencies or facilitate communication during emergencies, these features:

  • Are provided on a best-effort basis
  • May not function in all circumstances
  • Depend on factors beyond our control, such as network connectivity
  • Are not a substitute for proper emergency equipment and protocols
  • Do not guarantee a response from emergency services

You should maintain independent emergency protocols and equipment appropriate for paragliding activities.

8. LIVE TRACKING SERVICE AND PUBLIC DATA VISIBILITY

8.1 Overview and Purpose

The Hike and Fly Scoring System ("HFSS”, “we”, “our”, “us") provides a real-time tracking and visualization service ("Live Tracking") that enables spectators, race organizers, safety personnel, and the general public to view the movements, positions, and progress of participating pilots during races and flights. This feature is a fundamental aspect of our platform, designed to enhance the spectator experience, improve race transparency, facilitate safety monitoring, and promote the sport of paragliding.

8.2 Nature of Live Tracking

8.2.1 Public Visibility of Tracking Data

When you participate in races or enable tracking through our Service as a Pilot, you acknowledge and agree that certain flight data will be made visible to the public through our Live Tracking feature. This includes, but is not limited to:

  • Your current geographical position (latitude and longitude)
  • Your altitude and vertical movement patterns
  • Your ground speed and direction of travel
  • Your flight path and trajectory history
  • Your progress relative to race waypoints and routes
  • Your name or pilot identifier as registered in the system
  • Your ranking in the current race
  • Statistical information related to your performance
  • Equipment information when provided (e.g., wing type, equipment details)

8.2.2 Real-Time and Historical Access

Live Tracking data may be:

  • Displayed in real-time during active flights and races
  • Archived and made available for replay after the event
  • Incorporated into race results and analytical summaries
  • Featured in race coverage, commentary, and media
  • Embedded on third-party websites that partner with HFSS
  • Made available through our public API (in aggregate or anonymized form)

8.2.3 Visualization Methods

Your tracking data may be visualized through various methods, including but not limited to:

  • Interactive maps showing pilot positions and movements
  • 3D flight path representations and trajectories
  • Time-based progression charts and graphs
  • Comparative visualizations showing multiple pilots simultaneously
  • Statistical dashboards and leaderboards
  • Augmented race views with additional flight data overlays

By participating in races managed through the HFSS platform or by activating tracking features in our application, you automatically and explicitly consent to:

  • The collection of your real-time location and flight data
  • The public display of this data through our Live Tracking service
  • The archiving of this data for historical reference and replay purposes
  • The inclusion of your tracking data in race results and analyses
  • The potential inclusion of your data in promotional materials for the sport
  • The sharing of this data with race organizers, safety personnel, and media partners
  • The processing of this data in accordance with this policy and our Privacy Policy

This consent is considered fundamental to your use of our Service for racing and flight tracking purposes, as public visibility is an inherent and inseparable aspect of competitive paragliding events and their administration.

Your consent to Live Tracking is based on the presumed benefits to:

  • Your safety through improved monitoring capabilities
  • The transparency and integrity of race results
  • The spectator experience and promotion of the sport
  • Your own ability to review and analyze your performances
  • The paragliding community’s collective knowledge and development

Due to the integral nature of live tracking to race participation:

  • Consent for Live Tracking cannot be withdrawn during active participation in official races
  • You may withdraw consent for future tracking by discontinuing use of tracking features
  • For non-race flights, you may have options to limit public visibility (see Section 8.4)
  • Withdrawal of consent does not apply retroactively to already published data
  • Complete removal from Live Tracking requires withdrawal from the associated race

8.4 Privacy Controls and Limitations

8.4.1 Available Privacy Controls

While Live Tracking is an essential feature of race participation, we will provide certain additional privacy controls:

  • Delayed Tracking: Option to enable time-delayed publishing of location data for non-race flights
  • Limited Precision: Option to reduce the geographical precision of publicly displayed positions for training flights
  • Private Mode: Option to make non-race flights visible only to designated individuals
  • Hidden Altitude: Option to hide precise altitude data in certain display contexts
  • Pseudonymous Display: Option to use a pseudonym rather than real name for public display
  • Start/End Protection: Automatic precision reduction for starting and ending locations of non-race flights
  • Tracking Pause: Ability to temporarily pause tracking during non-critical segments of non-race flights

8.4.2 Limitations on Privacy Controls

You acknowledge that certain limitations apply to privacy controls:

  • During official races, full-precision tracking is mandatory and cannot be disabled
  • Safety-related tracking features override privacy preferences in emergency situations
  • Race Directors may establish minimum tracking requirements for specific events
  • Technical limitations may affect the availability of certain privacy features
  • Historical data already published cannot be retroactively modified
  • Certain essential data must remain visible for scoring and verification purposes

8.4.3 Spectator Access Restrictions

We may implement certain restrictions on public spectator access:

  • Requiring registration to view detailed tracking information
  • Limiting the resolution or update frequency for non-registered spectators
  • Implementing rate limits on API access to tracking data
  • Restricting bulk download capabilities for tracking information
  • Applying watermarks to tracking visualizations to prevent unauthorized use

8.5 Data Retention and Persistence

8.5.1 Retention of Live Tracking Data

Live Tracking data will be retained according to the following principles:

  • Active Race Data: Retained in full detail throughout the duration of the race
  • Recent Race Archives: Retained in full detail for 90 days after race completion
  • Historical Race Records: Retained indefinitely as part of the permanent sporting record, potentially with reduced precision or sampling rate after 1 year
  • Training Flight Data: Retained according to user preferences, with a default of 2 years
  • Safety Incident Data: Retained for 5 years for safety analysis and incident investigation
  • Aggregate and Statistical Data: Retained indefinitely in anonymized form

8.5.2 Public Accessibility Timeline

The public accessibility of Live Tracking data may change over time:

  • During Active Races: Full public accessibility in real-time
  • Post-Race Period (90 days): Full public accessibility for replay and analysis
  • Extended History (1-5 years): Public accessibility with potential reduction in resolution or detail
  • Long-Term Archive (>5 years): Accessibility may be limited to aggregate data, significant race results, or notable flights

8.5.3 Media Usage

You acknowledge that media organizations, race commentators, and official race channels may:

  • Capture, record, or screenshot Live Tracking visualizations
  • Include tracking data in broadcasts, streams, or published content
  • Analyze and comment on flight patterns and strategies
  • Archive and republish race tracking data as part of race coverage
  • Utilize tracking data in documentary or educational content

Such usage by media is considered a normal aspect of race participation and is covered by your automatic consent to Live Tracking.

8.6 Third-Party Access and Integration

8.6.1 Integration Partners

Live Tracking data may be shared with or accessible to certain third parties:

  • Race Organizers: Full access for race management and safety purposes
  • Safety Personnel: Access for monitoring and emergency response
  • Media Partners: Access for race coverage and commentary
  • Timing and Scoring Partners: Access for verification and results calculation
  • Federation and Sporting Bodies: Access for record verification and competition oversight
  • Approved App Developers: Access via API for complementary services

8.6.2 Embedding and Distribution

Live Tracking visualizations may be embedded on:

  • Official event websites
  • Paragliding/Hangliding federation platforms
  • News and media outlets
  • Partner applications and services
  • Social media platforms

8.6.3 API Access

We may provide API access to Live Tracking data to:

  • Facilitate integration with complementary services
  • Support research and development in the paragliding field
  • Enable custom visualization and analysis tools
  • Support media coverage and commentary
  • Facilitate enhanced spectator experiences

8.7 Responsibility and Liability Limitations

8.7.1 Accuracy and Reliability

While we strive to provide accurate and reliable Live Tracking, you acknowledge that:

  • GPS and tracking technologies have inherent limitations and margins of error
  • Tracking data may be affected by signal interference, geographical features, or equipment limitations
  • Temporary interruptions in data transmission may occur due to connectivity issues
  • Visual representations may involve simplification or approximation of actual routes
  • Update frequency is subject to technical constraints and server load

8.7.2 Non-Safety Purpose

You explicitly acknowledge that while Live Tracking may have safety benefits, it is:

  • NOT designed or intended as a primary safety system
  • NOT guaranteed to be available or accurate in emergency situations
  • NOT a substitute for proper safety equipment and protocols
  • NOT monitored continuously by safety personnel
  • NOT capable of replacing proper flight planning and risk management

8.7.3 Spectator Reliance Limitation

You acknowledge that spectators who view Live Tracking:

  • Are not entitled to continuous or error-free access
  • Should not make critical decisions based solely on tracking data
  • Are viewing information that may have delays or inaccuracies
  • Have no contractual relationship with HFSS regarding data availability
  • Must independently verify any information used for critical purposes

8.8 Notification to Spectators

8.8.1 Spectator Terms

We notify spectators and viewers of Live Tracking data that:

  • Tracking data is provided for informational and entertainment purposes only
  • No warranty is made regarding accuracy, completeness, or availability
  • Tracking may be delayed, interrupted, or contain errors
  • Usage for critical decision-making (including safety, betting, or commercial purposes) is at their own risk
  • Republication, redistribution, or commercial use without permission is prohibited
  • Privacy and dignity of pilots should be respected when using tracking information

8.8.2 Acknowledgment of Limitations

Spectators are informed that Live Tracking:

  • Has technical limitations regarding accuracy and update frequency
  • Is not guaranteed to reflect the exact position of pilots in real-time
  • May be subject to interruptions or delays due to technical issues
  • Is not suitable for emergency response coordination by the general public
  • Contains information that is provided primarily for race transparency and entertainment

8.9 Modifications to Live Tracking Service

We reserve the right to:

  • Modify the functionality and features of the Live Tracking service
  • Change the data visibility settings and public access parameters
  • Update the visualization methods and user interface
  • Adjust the frequency and precision of tracking data
  • Introduce new privacy controls or restrictions
  • Modify third-party access and API capabilities
  • Change data retention periods and archiving policies

Any substantial changes to the Live Tracking service that materially affect your privacy will be communicated in accordance with our Privacy Policy update procedures.

9. DISCLAIMERS AND WARRANTIES

9.1 Service Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTY THAT:

  • THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

9.2 Geographic Limitations

The Service is controlled and operated from Switzerland. We make no representations that the Service is appropriate or available for use in other locations. Access to or use of the Service from territories where its content or functionality is illegal is prohibited. Those who choose to access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.

9.3 Accuracy of Information

While we strive to provide accurate information, we do not warrant that:

  • Flight data processing will be error-free
  • Scoring calculations will be free from inaccuracies
  • GPS tracking will be precise under all conditions
  • Safety monitoring will detect all emergency situations
  • Route verification will identify all rule violations
  • User-provided information is accurate or complete

You acknowledge that various factors, including equipment limitations, environmental conditions, and human error, may affect the accuracy of the Service.

9.4 Third-Party Content and Services

The Service may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party source.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Certain Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OF OR INABILITY TO USE THE SERVICE
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE
  • RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE
  • PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICE

10.2 Limitation of Liability Amount

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR
  • CHF 100.00

10.3 Exceptions to Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

10.4 Essential Purpose

The foregoing limitations of liability shall apply even if the above stated remedy fails of its essential purpose.

10.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure is a result of events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, terrorism, labor shortages or disputes, governmental actions, power failures, or internet or telecommunications failures.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, partners, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any content uploaded or shared by you
  • Your participation in paragliding activities in connection with the Service
  • Any races or events you organize through the Service
  • Claims brought by third parties who have accessed or used the Service through your account

This defense and indemnification obligation will survive these Terms and your use of the Service.

12. TERM AND TERMINATION

12.1 Term

These Terms shall remain in full force and effect while you use the Service or maintain an account with us.

12.2 Termination by You

You may terminate these Terms at any time by:

  • Closing your account through the account settings page
  • Discontinuing use of the Service
  • Sending a written termination notice to simone.severini@hikeandfly.app

12.3 Termination by Us

We may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason whatsoever, including without limitation:

  • Violation of these Terms
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Non-payment of any fees due (if applicable)
  • At our sole discretion for any other reason

12.4 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete or archive your account information and content
  • Any outstanding payment obligations will become immediately due
  • Provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

12.5 Data After Termination

Following termination, we may retain certain information associated with your account for:

  • Analytical purposes
  • Record keeping
  • Compliance with our legal obligations
  • Enforcement of our rights
  • As provided in our Privacy Policy

We may anonymize and aggregate such data for use in improving our Service.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

13.2 Jurisdiction

The courts located in [Your specific jurisdiction in Switzerland] shall have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service. Both parties consent to the personal jurisdiction of such courts and waive any objection to the jurisdiction or venue of such courts.

13.3 Informal Dispute Resolution

Before filing a claim against the Company, you agree to attempt to resolve the dispute informally by contacting us at simone.severini@hikeandfly.app. We will attempt to resolve the dispute with you informally. If the dispute is not resolved within 30 days after submission, either party may proceed with a formal legal claim.

13.4 Arbitration

For certain types of disputes, we may elect, at our sole discretion, to require that the dispute be resolved by binding arbitration rather than in court. In such cases:

  • The arbitration will be conducted in [Your specific jurisdiction in Switzerland]
  • The arbitration will be conducted in the English language
  • The arbitrator’s decision shall be final and binding
  • Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction
  • Each party shall bear its own costs in the arbitration

13.5 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.6 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. MODIFICATIONS TO THE TERMS

14.1 Changes to Terms

We reserve the right to modify these Terms at any time. Such modifications will be effective immediately upon posting on the Service or by direct communication to you. Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms.

14.2 Notice of Changes

For material changes to these Terms, we will provide notice through one or more of the following methods:

  • A notification on the Service
  • An email to the address associated with your account
  • A notification when you next log in to the Service
  • A prominent notice on our website

14.3 Rejection of Changes

If you do not agree to the new Terms, you are free to reject them by discontinuing use of the Service and terminating your account. However, continued use of the Service constitutes acceptance of the modified Terms.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms (including any documents incorporated by reference) constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. No waiver of any provision shall be effective unless it is in writing and signed by an authorized representative of the Company.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

15.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms that results from events beyond our reasonable control, including natural disasters, power failures, governmental actions, war, civil unrest, terrorism, strikes or labor problems, internet or infrastructure failures, or other circumstances beyond our reasonable control.

15.6 Relationship of the Parties

Nothing in these Terms shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. You have no authority to make or accept any offers or representations on our behalf.

15.7 Notices

Any notices or other communications required or permitted under these Terms shall be in writing and will be deemed effective:

  • Upon delivery when delivered personally
  • Upon confirmation of receipt when sent by email
  • One business day after transmission when sent by overnight courier
  • Three business days after mailing when sent by registered or certified mail

Notices to the Company should be sent to simone.severini@hikeandfly.app. Notices to you will be sent to the email address associated with your account.

15.8 Export Control

You agree to comply with all export and re-export restrictions and regulations applicable to the Service and technical data provided under these Terms.

15.9 No Third-Party Beneficiaries

These Terms do not confer any rights, benefits, or remedies on any person or entity other than you and the Company, except as expressly stated.

15.10 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. CONTACT INFORMATION

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

Email: simone.severini@hikeandfly.app
Website: www.hikeandfly.app
Address: Caslano, Switzerland

We will make every effort to respond to your inquiries in a timely manner.

By using the Hike and Fly Scoring System, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: May 14, 2025

For questions about our privacy policy, please contact us at info@hikeandfly.app