Trailsy Terms of Service

DRAFT v0.1 — NOT YET REVIEWED BY COUNSEL. Bracketed items are placeholders. Last updated: [date]

Please read these Terms carefully. They govern your use of the Trailsy app and describe how paid trail packs work, how we verify rides, when you can and cannot get money back, and how disputes are handled. They include an arbitration agreement and a class-action waiver (see "Dispute Resolution").

Apple Inc. does not sponsor, endorse, or administer Trailsy or any pack. Strava, Inc. does not sponsor, endorse, or administer Trailsy or any pack; Strava is a data source you choose to connect. The Central Oregon Trail Alliance (COTA) and other land managers are not affiliated with Trailsy unless a pack says otherwise.

1. Definitions

• App / Service: the Trailsy mobile application, website, and related services operated by the Company.
• Company / we / us: [Trailsy LLC], an Oregon limited liability company, [address]. Contact: [[email protected]].
• You / rider: the individual using the Service. Accounts are personal and may not be used on behalf of others.
• Trail: a mapped route in our trail database. A trail may be divided into segments. When we say "trail" in the rules of a pack we mean the specific segment listed in that pack.
• Pack: a set of trails that must each be completed inside a stated time window (the Pack Window). A pack is either free (no buy-in) or paid.
• Buy-in: the amount you contribute to a paid pack's pool. It is fixed per pack and shown before you enter.
• Processing Fee: an amount charged in addition to the buy-in when you enter a paid pack, shown to the cent before you confirm. It is the Company's compensation. It never enters the pool.
• Pool: the sum of all buy-ins of riders enrolled in a pack at settlement. The pool is distributed in full to finishers, or returned to riders as described in Section 6. The Company takes nothing from the pool.
• Finisher: a rider whose account has a verified completion for every required trail in a pack, with each completion occurring inside the Pack Window and after that rider enrolled.
• Completion / Verdict: the Company's own record that a rider completed a trail on a specific ride, produced by our verification system (Section 5). Verdicts are our records, not Strava's.
• Ride Data: GPS and related activity data we receive from your connected Strava account.
• Settlement: the point after the Pack Window (plus any grace period) at which we determine finishers and calculate payouts.
• Payout Account: the Stripe Connect account you set up to receive money from the Company.
• Group Ride: a ride scheduled by a rider through the App that other riders may join. Group Rides are organized by riders, not by the Company.

2. Acceptance and eligibility

By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

To use the Service you must be at least 18 years old. To enter a paid pack you must also:

• be a resident of, and physically located in, the State of Oregon when you enter [attorney: confirm residency vs. presence test]; and
• have completed identity verification through our payment provider when we ask for it; and
• not be an owner, employee, or contractor of the Company, or a member of their household, except in packs we mark as internal tests.

Paid packs are void where prohibited. You are responsible for confirming that your participation is lawful where you are. We may use device and network signals to check your location and may void an entry made from outside a permitted area (with the buy-in refunded, unless you used location spoofing, in which case Section 8 applies).

We may restrict or withdraw the Service in any location at any time.

3. Nature of the Service: a skill contest, not gambling

Trailsy is a fitness challenge platform. Whether you finish a pack depends entirely on your own riding: you choose the trails by choosing the pack, you ride them, and our system checks whether you did. There is no element of chance, no odds, no wagering on other people's performance, and the Company neither competes for nor takes any share of the pool.

Financial risk. If you do not finish a paid pack you lose your buy-in. There is no guarantee of any payout. Commit only money you can afford to lose.

4. How packs work

Entering. Each pack shows its trails, tier, Pack Window, buy-in, Processing Fee, total charge, enrollment deadline, maximum entrants (if any), and refund rules before you confirm. Paid packs close enrollment at the stated deadline. Free packs may allow enrollment until the window ends.

Charges. When you enter a paid pack we charge your payment method for buy-in plus Processing Fee through Stripe. The buy-in is held for the pool until settlement. Payments are not App Store purchases and are not processed by Apple.

Finishing. To finish, you must obtain a verified completion for every required trail in the pack, each on a ride that starts and ends inside the Pack Window and after your enrollment time. A trail marked optional does not affect finishing. Riding faster earns nothing extra; all finishers share the pool equally.

One ride per trail. A trail must be completed within a single continuous ride. Partial coverage across several rides does not add up. Unless the pack says a trail is one-way, either direction counts.

Late uploads. Rides recorded inside the Pack Window but uploaded to Strava up to [48] hours after the window ends are still considered. After that grace period the pack settles on the data we have.

Concurrent packs. You may enter more than one pack at a time. A single ride can count toward every pack that contains that trail. Each pack has its own buy-in and its own pool.

Changes to a pack. If a trail in an active pack becomes unridable (land-manager closure, wildfire, snow, damage, or a material error in our trail map) we may, at our discretion: mark that trail optional for everyone, substitute a comparable trail, extend the Pack Window, or cancel the pack and refund buy-ins in full. We will notify enrolled riders in the App. Our trail geometry may be corrected during a pack; completions already recorded stand.

Sponsored packs. Some packs may have a pool funded in whole or part by a sponsor, with reduced or no buy-in. The sponsor has no obligations to you; the Company administers the pack. Sponsor terms are shown before entry.

5. Ride verification: your responsibilities and our authority

Completions are determined by comparing Ride Data from your connected Strava account against our trail map. By entering a pack you agree that our verdict, produced from Ride Data as we received it, is the authoritative record for pack purposes.

You are responsible for:

• keeping your Strava account connected to Trailsy with the permissions we request (including access to private activities) for the whole Pack Window, and reconnecting promptly if the link breaks;
• recording each ride with a GPS device or app that uploads to Strava, keeping the device charged and recording for the entire trail, and uploading before the grace period ends;
• making sure the activity is attributed to your own Strava account and recorded as a ride;
• riding the actual trail. GPS accuracy under tree cover and in canyons is limited, and our matching allows for normal GPS noise, but a ride that does not follow the trail closely enough will not be credited.

Things that are not grounds for a refund, an extension, or a changed verdict: dead batteries, a device or app that stopped recording, an activity uploaded to the wrong account or set to the wrong sport type, a Strava outage, a disconnected Strava link, deleting an activity, GPS drift that placed you off the trail, or trail conditions.

Manual review. We may ask you to provide the original activity file (GPX or FIT), device information, or other reasonable evidence for any ride within [72] hours of our request. If you do not, the affected completion is voided.

Flags. Our system flags rides that look inconsistent with unassisted human riding, such as implausible speeds, implausible sustained climbing rates, unnaturally clean traces, duplicated traces across accounts, or two activities by one rider at the same time. Flagged rides are held for review and do not count until resolved. Decisions are made in good faith by the Company and are final.

Disputes about a verdict. If you believe a verdict is wrong, contact [[email protected]] within [7] days of the pack's settlement (or, for verdicts during the window, before settlement where possible). We will review the Ride Data and our matching record and respond. Our determination is final and binding.

E-bikes. Packs are not timed, so pedal-assist e-bikes are permitted unless a pack says otherwise. You must record e-bike rides as e-bike activities in Strava. Misreporting an e-bike ride is a violation of Section 8 and may void your completions in any pack that excludes e-bikes.

6. Money: pool, payouts, refunds

The pool is untouched. The Company's only compensation from a paid pack is the Processing Fee charged at entry. We do not deduct anything from the pool at settlement.

Settlement. After the Pack Window and grace period, we determine finishers and distribute the pool as follows:

• Two or more finishers: the pool is divided equally, rounded down to the cent. Any leftover cents are given, one cent each, to the finishers who finished earliest. The Company keeps no remainder.
• One finisher: that rider receives the entire pool.
• No finishers: each enrolled rider is refunded the percentage of their buy-in shown on the pack page before entry (the No-Finisher Refund, default [90]%). The remainder is retained by the Company as a disclosed no-finisher charge that covers our costs of running the pack. [Attorney: confirm treatment.]

A detailed breakdown is shown in the App after settlement.

Withdrawal. You may withdraw from a paid pack before the Pack Window starts and receive your buy-in back; the Processing Fee is not refunded. After the window starts, you cannot withdraw and the buy-in is not refunded.

Cancellation by us. If we cancel a pack before it starts (for example, too few entrants), buy-ins and Processing Fees are refunded in full.

Injury, illness, and other circumstances. Entry fees are otherwise non-refundable. In exceptional cases such as a documented injury or a verified failure of our own systems, we may, at our discretion, refund a buy-in or issue credit. Any such refund is paid from the Company's own funds, never from a pack's pool. Requests go to [[email protected]], where possible before the pack ends.

Receiving money. Winnings and refunds of pool money are paid through Stripe Connect to a Payout Account in your name. You must complete Stripe's onboarding, including any identity verification Stripe requires, before we can pay you. Payouts are initiated within [5] business days of settlement; bank timing is outside our control. Amounts owed to a rider who has not completed onboarding are held for that rider for [180] days from settlement, then handled under Oregon unclaimed-property law. Refunds of card charges go back to the original payment method.

We are not a bank. Money held for settlement does not earn interest and is not FDIC-insured.

Chargebacks. Disputing a Trailsy charge with your card issuer instead of contacting us first may result in suspension, forfeiture of pending winnings, and recovery of the disputed amount and related costs. Our records of your entries, rides, and verdicts are our evidence in any such dispute.

Taxes. You are responsible for taxes on any winnings. For U.S. riders, winnings at or above the IRS reporting threshold in a calendar year may be reported on a Form 1099, and we or Stripe may require your taxpayer information before paying you.

7. Group Rides, leaderboards, and comments

Group Rides are yours, not ours. Riders schedule and lead Group Rides. The Company does not organize, lead, vet, or supervise them, does not check the ability of participants, and is not responsible for what happens on them. Joining a Group Ride is a social feature; it never substitutes for your own Ride Data. Any Group Ride credit shown on a leaderboard is a bonus category and never affects a pool.

Leaderboards display your display name, avatar, and statistics we derive from verdicts (such as trails completed and streaks). They do not display your Strava activities, routes, pace, or heart rate to other riders. By using the Service you agree that your display name and derived statistics are visible to other riders.

Comments are limited to pack and ride threads. You are responsible for what you post. We may remove content and restrict posting at our discretion. Do not post other people's private information, trail locations that land managers ask to keep unpublished, or anything unlawful, harassing, or hateful.

8. Fair play

You agree to ride the trails yourself, on a bicycle, under your own power (plus pedal assist where permitted), and to record and upload honest Ride Data. The following are prohibited:

• submitting Ride Data you did not personally generate, editing or fabricating GPS files, replaying recordings, or sharing files between accounts;
• riding in a vehicle, on a motorcycle, or otherwise not on a bicycle while recording;
• letting someone else ride with your device or account, or riding for someone else;
• operating more than one account, or coordinating accounts to influence a pack's outcome;
• misreporting an e-bike ride where e-bikes are excluded;
• using location spoofing, jailbroken or modified devices, or exploiting bugs;
• riding trails that are closed by the land manager, riding trails in conditions that damage them, or otherwise violating posted rules; [product decision: whether such completions are voided]
• harassment, threats, or abuse of other riders or of Company staff.

If we determine in good faith that you violated this Section, we may void affected completions, disqualify you from a pack (buy-in forfeited to that pack's pool), claw back winnings attributable to the violation, and suspend or close your account. We will not take money from you that is unrelated to the violation. Serious cases may be referred to law enforcement.

9. Safety and assumption of risk

Mountain biking is dangerous. Trails in central Oregon involve rocks, drops, exposure, wildlife, weather, remote locations without cell coverage, and other riders. You can be seriously injured or killed. You choose which packs to enter and which trails to ride, and you are solely responsible for your own safety, skill level, equipment, and judgment. A pack is never a reason to ride beyond your ability, in bad conditions, or on a closed trail. No pack is worth an injury.

By using the Service you voluntarily assume all risks of riding and agree that the Company has no duty to warn you of trail conditions, does not maintain trails, and is not responsible for the condition of any trail or the acts of any land manager, other rider, or third party. Trail difficulty ratings in the App come from public map data and may be wrong.

The Service does not provide medical advice. Consult a physician before undertaking strenuous activity.

10. Your data and Strava

We store the Ride Data needed to verify completions, operate leaderboards, detect cheating, resolve disputes, and improve matching accuracy. Our Privacy Policy explains what we keep and for how long. We do not sell your Ride Data, do not use it to train artificial-intelligence or machine-learning models, and do not show your raw Strava data to other riders. Disconnecting Strava stops new verification; verdicts already recorded remain part of pack history. You can request deletion of your account and data as described in the Privacy Policy, subject to records we must keep for legal, tax, and fraud-prevention purposes.

11. Accounts and termination

You may close your account at any time from the App. If you close it while enrolled in an unsettled paid pack you forfeit that buy-in to the pool. Withdraw any pending payouts first; we may delay closure until they complete. We may suspend or close accounts for violations of these Terms. Legitimately earned winnings will still be paid, less any amounts attributable to a violation.

12. Third-party services

The Service relies on Apple (App Store and Sign in with Apple), Strava (Ride Data), Stripe (payments and payouts), Expo (push notifications), OpenStreetMap contributors (trail map data, used under the Open Database License), and cloud hosting providers. Their terms apply to your use of their services. We are not responsible for their outages or actions. Where an outage of a third party materially affects a pack, our sole remedies are those in Section 4 ("Changes to a pack").

Apple. These Terms are between you and the Company, not Apple. Apple has no obligation to provide support for the App and is not responsible for it or for any claim relating to it. Apple is a third-party beneficiary of these Terms and may enforce them against you.

13. Intellectual property and your content

The App, our trail database as compiled, our matching system, and our branding belong to the Company. You keep your rights in content you post; you grant us a non-exclusive, worldwide, royalty-free license to host, display, and distribute it as needed to run and promote the Service. Feedback you send us may be used without obligation.

14. Disclaimers and limitation of liability

The Service is provided "as is" and "as available" without warranties of any kind, including accuracy of trail maps, difficulty ratings, GPS matching, or uninterrupted availability. To the fullest extent permitted by law, the Company's total liability for any claim relating to the Service is limited to the Processing Fees you paid in the twelve months before the claim, or $100, whichever is greater, and the Company is not liable for indirect, incidental, consequential, or punitive damages, or for personal injury arising from riding. Some jurisdictions do not allow certain limitations; in those places the limitations apply to the greatest extent allowed.

15. Indemnification

You agree to defend and indemnify the Company and its owners, employees, and contractors against claims and costs, including reasonable attorney fees, arising from your riding, your Group Rides, your content, your breach of these Terms, or your violation of any law or third-party right.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules. [Attorney: confirm Oregon venue and Oregon consumer-protection interplay.]

Talk to us first. Before starting any formal proceeding, email [[email protected]] and give us 30 days to resolve the issue informally.

Arbitration. Any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in Deschutes County, Oregon, or by phone, video, or written submission at your option. The Federal Arbitration Act governs this clause. You and the Company each waive the right to a jury trial and to participate in a class or representative action. Either party may instead bring an eligible claim in small-claims court, and either may seek injunctive relief in court to protect intellectual property. If the class-action waiver is found unenforceable, this arbitration clause is void.

Opt out. You may opt out of arbitration by emailing [[email protected]] with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.

17. General

We may update these Terms. For material changes we will give at least 30 days' notice in the App or by email; continued use after the effective date is acceptance. Changes never alter the rules of a pack you have already entered. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, sale, or reorganization; you may not assign them. Our failure to enforce a provision is not a waiver. Provisions that by their nature should survive termination (payment, forfeiture, disclaimers, liability limits, indemnity, dispute resolution) survive. These Terms, the Privacy Policy, and the rules shown on each pack page are the entire agreement between you and the Company about the Service.

18. Trail etiquette (part of these Terms)

• Yield to hikers and horses, and to climbing riders when descending.
• Do not ride closed trails or trails that are wet enough to rut. A muddy completion is not a completion worth having.
• Stay on the trail. Do not cut switchbacks or build features.
• Respect land-manager rules, seasonal wildlife closures, and fire restrictions.
• Be the rider you'd want to share a Group Ride with.

Contact

[Trailsy LLC], [address], [[email protected]]