Welcome to TrailGauge Off-Road ("TrailGauge," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the TrailGauge mobile and web application, website, and related services (collectively, the "Service"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service is operated by Zackerey Tiedeman Aguilar, operating as TrailGauge Off-Road, based in California, United States.
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account, make purchases, or send postcards. By using the Service you represent that you meet this requirement.
TrailGauge provides outdoor and off-road tools including trail navigation, a pitch-and-roll inclinometer, route logging, and wildfire and weather alerts. The Service also lets you order physical postcards that we print and mail on your behalf, and offers an optional paid subscription ("TrailGauge Pro").
TrailGauge is provided for informational and recreational purposes only. It is not a safety device, navigation system of record, or emergency service. Sensor readings (including incline, grade, GPS position, and elevation), trail data, and wildfire and weather alerts may be inaccurate, delayed, incomplete, or unavailable, and must not be relied upon for safety-critical, navigational, or life-safety decisions. Off-road and backcountry travel is inherently dangerous. You are solely responsible for your own safety, your vehicle, your route choices, and compliance with all laws, land-use rules, and closures. Always carry appropriate equipment and use independent judgment and official sources.
You are responsible for activity under your account and for keeping your device and credentials secure. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
Postcards are physical products we print and mail through a third-party fulfillment provider. When you order a postcard, you authorize us to print the content you submit (photo, message, location label, recipient name and address) and mail it to the recipient you specify.
TrailGauge Pro is an auto-renewing subscription billed monthly ($4.99/month) or annually ($29.99/year, which includes 2 postcards per subscription year).
Except where required by law, payments are non-refundable. We may, at our discretion, issue refunds or reprints for defective printing or our fulfillment errors. Refund requests for platform-billed subscriptions are handled by the applicable app store.
Payments are processed by third-party processors (such as Stripe and, where applicable, Apple or Google). We do not store full payment card details. Your use of payment features is also subject to the processor's terms.
You are solely responsible for any content you submit, including postcard photos, messages, location labels, and recipient information ("User Content"). Because postcards are physically printed and mailed to real people, content standards are strict.
You agree NOT to submit, send, or use the Service to create or transmit content that: - harasses, threatens, bullies, stalks, defames, or intimidates any person; - is hateful or promotes violence or discrimination against others, including on the basis of race, ethnicity, religion, sex, gender, sexual orientation, disability, or national origin; - is obscene, sexually explicit, or pornographic; - depicts, sexualizes, or endangers minors in any way; - is unlawful, promotes illegal activity, or facilitates fraud; - infringes anyone's intellectual property, privacy, or publicity rights; - is sent to a recipient who has not consented to receive mail from you, or is used for spam, mass unsolicited mailing, or any harassing pattern of mailings.
Address misuse: You may only send postcards to recipients to whom you have a legitimate reason to send mail. Using the Service to send unwanted, anonymous, or harassing mail to a person is a serious violation and may be reported to authorities.
We use automated and/or manual review to screen postcard content, and we may refuse, cancel, or decline to print or mail any order, or remove any content, at our discretion, including content we believe violates these Terms — even after an order is placed. We are not obligated to print or send any particular content. Refused orders for content violations may not be refunded.
To operate the printing and mailing service, prevent abuse, comply with law, and respond to reports, we may retain copies of postcard content and associated order information (including messages, images, location labels, sender, and recipient details) for a reasonable period. This retention is part of how we enforce these Terms and investigate misuse. See our Privacy Policy for how we handle this information.
You retain ownership of your User Content. You grant us a limited, non-exclusive license to use, reproduce, print, and transmit your User Content solely to provide the Service (i.e., to print and mail your postcard and operate related features) and to retain it as described in Section 5.2. We do not claim ownership of your photos or messages and do not use them for marketing without your separate permission.
The Service, including its software, design, branding, and content we provide, is owned by us and protected by law. You may not copy, modify, reverse engineer, resell, or create derivative works from the Service except as allowed by law.
The Service relies on third-party data and providers (including mapping, wildfire and weather data sources, payment processors, and mail fulfillment). We do not control and are not responsible for the accuracy, availability, or actions of these third parties.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE, SENSOR DATA, ALERTS, OR TRAIL INFORMATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE. SEE SECTION 2.1 — THE SERVICE IS NOT A SAFETY DEVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAILGAUGE AND ITS OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICE, RELIANCE ON SENSOR DATA OR ALERTS, OR BACKCOUNTRY OR OFF-ROAD ACTIVITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless TrailGauge and its operator from claims, damages, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.
We may suspend or terminate your access at any time for violation of these Terms or to protect the Service or others. You may stop using the Service at any time. Sections that by their nature should survive (including content license for already-printed orders, disclaimers, liability limits, and indemnification) survive termination.
We may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date and, where appropriate, additional notice. Continued use after changes means you accept the updated Terms.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.
Questions about these Terms: trailgaugeoffroad@gmail.com