NiceTrax Terms of Service

1 Eligibility and accounts

1.1 Eligibility

You must be legally capable of entering into this agreement. If you are under the age of legal majority where you live, a parent or legal guardian must review and accept these Terms for you and supervise your use of the Services. You may not use the Services if applicable law prohibits you from doing so.

1.2 Account information and security

You agree to provide accurate information, keep it current, and protect your login credentials and devices. You are responsible for activity under your account unless applicable law provides otherwise. Notify us promptly if you believe your account or a shared link has been compromised. You may not sell, transfer, or share an account in a way that defeats account security or plan limits.

1.3 Permissions for another person

Do not activate tracking for another person, connect another person’s device or account, or publish their location unless you have all permissions and consents required by law. Parents and guardians are responsible for deciding whether and how a minor uses location-sharing features.

2 The Services

2.1 Activity tracking

The Services may allow you to record and view activities using location, motion, time, speed, elevation, route, and related data supplied by your device or a connected service. Results may vary because of device settings, sensor quality, environmental conditions, network access, battery state, software compatibility, and third-party systems.

2.2 Live tracking and shared links

You may be able to create a link that lets recipients view an activity or live location information. Anyone who receives or obtains access to a link may be able to view the information made available through that link and may forward, copy, capture, or retain it. You are responsible for choosing recipients, checking the link’s settings, and ending or disabling sharing when appropriate.

2.3 Features and plan availability

Features may differ by platform, device, country, app version, plan, or third-party integration. Descriptions shown in the Services at the time of use or purchase control over general examples in these Terms. We do not promise that a particular feature or integration will always be available.

3 Safety and responsible use

3.1 No emergency or guaranteed safety function

Do not rely on NiceTrax to prevent injury, summon assistance, determine whether someone is safe, or provide an exact or continuous location. NiceTrax does not monitor activities in real time on your behalf. If you or another person may be in danger, contact the appropriate emergency services through a reliable method.

3.2 Use your judgment

Conditions can change quickly. Follow applicable laws, posted rules, closures, weather guidance, landowner restrictions, and instructions from emergency personnel. Use appropriate equipment, preparation, and supervision. Do not view or operate the Services while driving, cycling, or participating in an activity when doing so would be unsafe or unlawful.

3.3 Health information

Information provided through the Services is for general informational and activity-tracking purposes and is not medical advice, diagnosis, or treatment. Consult a qualified professional about health concerns or before beginning or changing an exercise program when appropriate.

4 Location data and shared links

4.1 Your choices

Location-based features require permissions and settings on your device and may require background activity, Bluetooth, mobile data, or other access. You can control some permissions through your device or account settings, but disabling them may limit functionality.

4.2 Sensitive nature of location information

Routes and live locations can reveal sensitive information, including where a person lives, works, exercises, or regularly travels. Consider delaying, shortening, obscuring, or declining to share a route when those choices are available. Review shared content before distributing a link.

4.3 Recipient conduct

A shared link is intended only for the audience chosen by the person who created it. Recipients must not use location information to stalk, harass, discriminate against, endanger, or violate the privacy or legal rights of any person. We may disable a link or restrict an account when we reasonably believe it creates risk or violates these Terms.

4.4 Accuracy and continuity

Location information may be stale, estimated, shifted, duplicated, missing, or displayed in the wrong place. A tracking session may stop without notice because of power loss, connectivity, operating-system restrictions, permissions, device or sensor failure, integration failure, or other causes. Confirm important information through another reliable method.

5 Device and third-party integrations

5.1 Connected services

The Services may connect with Garmin or other devices, platforms, applications, or services. You authorize NiceTrax to exchange data with a connected service as needed to provide the integration you request, subject to your settings and our Privacy Policy.

5.2 Third-party terms and control

Third-party products and services are governed by their own terms and privacy practices. NiceTrax does not control them and is not responsible for their availability, security, accuracy, policies, or actions. An integration may change, become incompatible, or stop working if either party modifies or discontinues relevant functionality.

5.3 Your credentials and permissions

Use only accounts and devices you are authorized to connect. You are responsible for reviewing and managing permissions with each third party. Disconnecting an integration may stop future transfers but may not remove information already transferred or retained as described in the applicable privacy policy.

6 User content and permissions

6.1 Your content

"User Content" means routes, activities, titles, notes, photos, profile information, links, and other material you submit, create, import, or share through the Services. As between you and NiceTrax, you retain any rights you have in your User Content.

6.2 License to operate the Services

You grant NiceTrax a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt for technical purposes, transmit, display, and otherwise use your User Content only as reasonably necessary to operate, secure, improve, and provide the Services; comply with your settings and instructions; and meet legal obligations. This license ends when the relevant User Content is deleted from our systems, subject to reasonable backup, legal, security, and operational retention.

6.3 Your responsibility

You represent that you have the rights and permissions needed for your User Content and our use of it as described in these Terms. Do not upload or share content that is unlawful, infringes another person’s rights, exposes private information without permission, or contains malicious code.

6.4 Feedback

If you voluntarily provide ideas or feedback about the Services, you grant NiceTrax permission to use them without restriction or compensation, provided we do not publicly identify you as the source without your permission.

7 Acceptable use

You may use the Services only for lawful purposes and in accordance with these Terms. You must not:

• track, monitor, or share the location of a person without legally sufficient notice, authorization, and consent;
• stalk, harass, threaten, exploit, discriminate against, or endanger any person;
• use the Services for emergency dispatch, critical infrastructure, life support, or another use in which failure could reasonably lead to death, personal injury, or serious property or environmental damage;
• access an account, device, link, or data without authorization, or bypass privacy, security, access, or plan controls;
• interfere with or overload the Services, introduce malware, probe for vulnerabilities, or conduct unauthorized security testing;
• reverse engineer, decompile, scrape, copy, or extract the Services, except to the limited extent that such a restriction is prohibited by law;
• use automated means to access the Services, except through an interface or permission we expressly provide;
• misrepresent your identity or affiliation, impersonate another person, or use the Services for fraud;
• infringe intellectual property, privacy, publicity, or other rights; or
• help or encourage another person to do any of the above.

8 Free, Plus, and Premium plans

8.1 Plans

NiceTrax may offer a Free plan and paid Plus and Premium plans. The features, limits, prices, billing periods, eligibility requirements, and platform availability for each plan are those presented to you in the Services or by the applicable app store at the time of purchase. Plan names do not guarantee any particular feature unless that feature is included in the purchase description.

8.2 Upgrades and downgrades

When permitted, you may change plans through the channel where you subscribed. The timing of access, charges, credits, and changes depends on the terms shown at the time and, for app-store purchases, on the store’s rules. Downgrading may reduce access to paid features or stored functionality at the end of the applicable paid period.

9 Auto-renewal, billing, and cancellation

9.1 Auto-renewal

Plus and Premium subscriptions automatically renew for successive billing periods unless you cancel before renewal through the channel where you subscribed. Before you confirm a purchase, we or the applicable app store will display the price, billing period, and other material purchase terms. By purchasing, you authorize the applicable seller and payment provider to charge the payment method on file at each renewal at the then-disclosed price, plus applicable taxes, until cancellation.

9.2 Price changes

Prices may change. Any price change will apply as described in the notice provided to you, subject to applicable law and app-store rules. If required, you will be asked to consent before a new price applies.

9.3 Cancellation

You can cancel through the account or subscription settings of the channel where you purchased, such as the Apple App Store, Google Play, or another seller identified at checkout. Deleting the NiceTrax app or your NiceTrax account does not necessarily cancel an app-store subscription. Unless the purchase terms or applicable law say otherwise, cancellation takes effect at the end of the current paid period, and you retain paid access until then.

9.4 Payment failures, taxes, and refunds

If a payment fails, access to paid features may be limited or suspended after any required notice or grace period. You are responsible for applicable taxes unless they are included in the displayed price. Refund requests are handled under the terms of the seller that processed the purchase and applicable law. Nothing in these Terms limits any non-waivable refund or cancellation right.

10 Introductory offers and promotions

10.1 Offer terms

We may offer free trials, discounted introductory periods, promotional prices, or other offers. Eligibility, duration, included features, renewal price, and redemption limits will be disclosed with the offer. Offers may be limited to new or qualifying subscribers, may not be transferable or combinable, and may be withdrawn before acceptance where permitted by law.

10.2 Conversion to paid subscription

If an introductory offer automatically converts to a paid subscription, the checkout screen will disclose that fact, the length of the offer, the price and billing period after the offer, and how to cancel. Unless you cancel before the disclosed conversion or renewal time, the subscription will convert or renew, and the applicable seller will charge the payment method on file.

10.3 Abuse and errors

We may refuse, revoke, or correct an offer obtained through fraud, technical error, duplicate accounts, or circumvention of eligibility limits, subject to applicable law. We will not retroactively change an offer after acceptance except as permitted by its disclosed terms or applicable law.

11 Intellectual property

11.1 NiceTrax materials

The Services, including software, design, text, graphics, branding, and other materials supplied by NiceTrax, are owned by NiceTrax or its licensors and are protected by intellectual-property laws. Subject to these Terms, NiceTrax grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.

11.2 Third-party materials

The Services may display maps, data, software, names, or other materials owned by third parties. Those materials may be subject to additional notices, licenses, attribution requirements, or restrictions presented with the Services.

12 Privacy

Our Privacy Policy explains how we collect, use, disclose, and retain personal information in connection with the Services, including location and device information. Please review it at https://www.nicetrax.com/privacy-policy.html. The Privacy Policy is incorporated into these Terms to the extent stated in that policy and permitted by law.

Because location data is sensitive, use sharing controls carefully. A recipient may retain information after you stop sharing, and information transferred to a third party is also subject to that party’s practices.

13 Service changes and availability

13.1 Changes

We may modify, add, or remove features; impose reasonable technical or usage limits; update device or software requirements; or discontinue part or all of the Services. When a change materially affects a paid subscription, we will provide any notice or remedy required by applicable law or the purchase terms.

13.2 Availability

The Services may be unavailable or degraded because of maintenance, outages, network conditions, third-party systems, security events, or circumstances beyond our reasonable control. We do not guarantee uninterrupted, secure, or error-free operation.

13.3 Updates

You may need to install updates to continue using the Services. Updates may change features or permissions. You are responsible for maintaining compatible devices, operating systems, connectivity, and settings.

14 Suspension and termination

14.1 By you

You may stop using the Services at any time and may request account deletion through available settings or by contacting us. Account deletion and subscription cancellation are separate actions. Some information may be retained as described in the Privacy Policy or as required for legal, security, fraud-prevention, dispute, or backup purposes.

14.2 By NiceTrax

We may suspend or terminate access if we reasonably believe that you have violated these Terms, created risk or legal exposure, failed to pay, or used the Services fraudulently, or if suspension is necessary to protect users, NiceTrax, or third parties. When appropriate and legally required, we will provide notice and an opportunity to address the issue.

14.3 Effect

Upon termination, your license to use the Services ends. Provisions that by their nature should survive will survive, including provisions concerning ownership, payment obligations, disclaimers, limitations of liability, indemnification, disputes, and general terms.

15 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NICETRAX AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT TRACKING, LOCATION, ROUTE, SPEED, ELEVATION, TIMING, OR OTHER INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, CONTINUOUS, OR AVAILABLE; THAT A SHARED LINK WILL REACH OR BE VIEWED BY AN INTENDED RECIPIENT; THAT AN INTEGRATION WILL WORK OR CONTINUE TO WORK; OR THAT THE SERVICES WILL PREVENT AN ACCIDENT, LOCATE A PERSON, OR OBTAIN HELP.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THAT CASE, THE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICETRAX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM RELIANCE ON INACCURATE OR UNAVAILABLE TRACKING INFORMATION; OR UNAUTHORIZED ACCESS TO OR USE OF SHARED LINKS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NICETRAX AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NICETRAX FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) 100 U.S. DOLLARS.

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THEY APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17 Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless NiceTrax and its affiliates, officers, employees, agents, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising from your User Content, your violation of these Terms or applicable law, your misuse of the Services, or your violation of another person’s rights. This obligation does not apply to the extent a claim results from NiceTrax’s own unlawful conduct or where applicable law does not permit it. NiceTrax may control the defense of a covered claim, and you agree to reasonably cooperate.

18 Governing law and disputes

18.1 Informal resolution

Before filing a formal claim, you and NiceTrax agree to try in good faith to resolve the dispute by sending a written description of the issue and requested relief to the contact listed in Section 21. Either party may seek urgent injunctive or similar relief when necessary to prevent immediate harm.

18.2 Governing law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except to the extent the law where you live requires otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.3 Courts

Unless applicable law gives you the right to bring a claim elsewhere, any judicial proceeding arising out of or relating to these Terms or the Services must be brought in a state or federal court with jurisdiction in North Carolina, and each party consents to personal jurisdiction and venue there. Nothing in this section limits rights that cannot be waived by contract.

19 Changes to these Terms

We may update these Terms. If a change is material, we will provide notice appropriate to the circumstances, such as through the Services, by email, or at the time you next sign in, and will state when the updated Terms take effect. If applicable law requires consent, we will request it. Your continued use after the effective date constitutes acceptance where permitted by law. If you do not agree to the updated Terms, you must stop using the Services and cancel any subscription before its next renewal.

20 General terms

20.1 Entire agreement

These Terms, the Privacy Policy, and any purchase or offer terms presented to you form the entire agreement between you and NiceTrax concerning the Services and replace prior or contemporaneous agreements on that subject. If purchase terms conflict with these Terms, the purchase terms control only for that purchase and only to the extent of the conflict.

20.2 Assignment

You may not assign or transfer these Terms without our prior written consent. NiceTrax may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law, subject to applicable law.

20.3 Severability and waiver

If a provision is unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. Headings are for convenience only.

20.4 Electronic communications

You agree that we may provide agreements, notices, disclosures, and other communications electronically, subject to applicable law. Keep your email address and account information current.

20.5 No third-party beneficiaries

Except as expressly stated in these Terms, these Terms do not create rights for any third party.

20.6 Export and sanctions compliance

You may not use, export, or re-export the Services in violation of applicable export-control, sanctions, or trade laws.

21 Contact

Legal notices and questions about these Terms may be sent to:

Company

NiceTrax LLC

Legal contact

nicetrax@nicetrax.com

Privacy Policy: https://www.nicetrax.com/privacy-policy.html