Terms of Service

1. Service

1.1 Our website is a web application that empowers Users to revisit their outdoor adventures and share them with their followers on other platforms. AvoMap tracks and transforms GPX/KML files into a editable map (Map) and later on into a personalized video (Video). Users have the freedom to tailor the Map according to their preferences by adding a title and photos, among other customization options.

1.2 Upon completion, a Video is only accessible to Users on their own computer. Videos will get rendered on the computer of the User and are neither uploaded nor stored on the servers of AvoMap.

1.3 Users have the option to connect their AvoMap account with third-party GPS tracking services (Tracking Apps). When connecting your account with a Tracking App, you authorize AvoMap to transfer and utilize the data from the Tracking App for the sole purpose of creating a Video. Once the connection is established for the first time, the data from the Tracking App will be automatically imported to AvoMap.

1.4 AvoMap offers high quality and therefore cooperates with high quality Tracking Apps only. AvoMap reserves the right to change the connectivity to Tracking Apps or remove the possibility to connect to a Tracking App at any time for any reason.

2. Registration and personal account

2.1 To utilize AvoMap's services, you are required to register and create a personal account. When creating a personal account, you may sign up using your email address. If you choose to sign up using your email address, we will require your full name as well.

2.2 By using AvoMap's services, you acknowledge and agree to provide accurate, complete, and current account information for all App usage. You also agree to promptly update your personal account information, including your email address, to ensure that we can contact you if necessary.

2.3 By creating an account using your email address, you will be prompted to select a password that will be used to securely access your personal account. Please be aware that you are solely responsible for maintaining the confidentiality of this password and ensuring that it remains private. Any unauthorized access or use of your account due to a failure on your part to safeguard your password will be your responsibility.

2.4 AvoMap reserves the right to temporarily block or delete your personal account if we suspect any misuse or abuse of the account or the App. Additionally, we may take action to block or delete your account if you violate any of the terms outlined in these Terms of Service or any other additional terms, conditions, or policies referenced herein.

3. Video

3.1 Users may generate a Video of their created Map by initiating the rendering process. The cost of the Video is determined by the options selected by the User. Pricing details can be found on the prices page.

4. Video License

4.1 Videos created with AvoMap are licensed, not sold. Under this agreement, we grant you the right to use Videos:

1. in a multimedia production presented or distributed online, on social media, through "Apps," and explicitly including the right to distribute via broadcast, cable networks, OTT video services, or theaters,
2. in connection with a live performance,
3. on websites.

5. Restrictions on use of Videos

5.1 You may not:

1. use Videos other than as expressly provided by the license you purchased with respect to such Videos.
2. Resell, redistribute, provide access to, share or transfer any Video except as specifically provided herein.
3. use Videos for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
4. use Videos in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
5. use any Video (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
6. use "stills" derived from Video except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Video.

6. Payment

6.1 Prices of a Video are in US Dollars and may change from time to time. The price displayed on the Website at the time of payment, along with any required taxes if applicable, will be honoured. The payment must be made in advance of the rendering process. AvoMap accepts Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the Website.

6.2 AvoMap may cancel your Membership if the issuer of your payment card refuses to authorize payment to AvoMap. After such cancellation, your personal account remains active.

6.3 We take reasonable care to make our Website secure. You are obligated to inform us about inaccuracies in supplied or specified payment details immediately.

7. Third party services

7.1 Any connection between a Tracking App and your AvoMap account is at your own risk. AvoMap cannot be considered a party between you and the Tracking App. Any data received from a Tracking App is considered “as is” and is not validated or checked in any way to be accurate, in conformity with the truth or in line with personal settings within the Tracking App. You are solely responsible to comply with any terms and conditions that apply to the use of the Tracking App.

8. Rules of conduct

8.1 Users can choose to add content to their Video, such as photos, text or images. You agree that your contribution will not:

1. contain pornographic, discriminatory, offensive, threatening, obscene or otherwise objectionable or unlawful material;
2. be false or misleading;
3. contain commercial messages (i.e. it is not permitted to place advertisements);
4. contain any computer viruses or other malware that could in any way affect the operation of the Website or any related website or service of AvoMap;
5. violate any right of AvoMap or a third party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) property right; or
6. be in any other manner unlawful against AvoMap or any third party.

8.2 Users are solely responsible for the contributions they make and their accuracy. AvoMap is not responsible nor liable for any contributions made by Users in any way. AvoMap reserves the right to edit or remove content that in our sole discretion violates these Terms or is otherwise inadmissible.

9. Privacy statement

9.1 At AvoMap, we value the importance of privacy. When you register and use our services, the Website will collect specific personal data necessary to ensure the proper use of our services. Our Privacy Statement outlines the details of the personal data we collect and the purposes for which it is collected.

10. Accuracy of information

10.1 AvoMap strives to maintain accurate and current information provided through the Website; however, we cannot guarantee that the information is always entirely accurate, complete, or up to date. The information presented on the Website is solely intended for general informational purposes, and no rights can be derived from it. Any reliance on the information provided on the Website is done so at your own risk.

11. Updates

11.1 AvoMap will continue to develop and update the Website if necessary and when reasonably possible. Development may include modification of the functionality or features of the Website, provided that such updates and modifications will not materially denigrate the functionality of the Website.

11.2 AvoMap is in no case liable to you for such updates or modifications.

12. Disclaimer

12.1 AvoMap does not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.

13. Liability

13.1 AvoMap is not liable to you for any damage you suffer as a result of the use of the Website, including - but without limitation - any injury or damages resulting from behaviour of Users related to tracked activities, for example high speed motorbiking or taking pictures on dangerous spots.

13.2 AvoMap is also not liable for the fulfilment of agreements with third parties of Tracking Apps or the inaccessibility of the Tracking Apps.

13.3 AvoMap has no influence on the data transmitted by the Tracking Apps to the Website. AvoMap is not responsible for the transmission of information. AvoMap is therefore also not responsible nor liable for any information that is incomplete or inaccurate as a result of such transmission or that is transmitted wrongly.

14. Indemnification

14.1 Users will indemnify, defend, and hold harmless AvoMap from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding: (i) any injury or damages resulting from behavior of Users related to tracked activities; and (ii) their breach of these Terms, agreements with third party Tracking Apps, or violation of any applicable law, regulation or order.

15. Intellectual property rights

15.1 AvoMap is the holder of all intellectual property rights on information provided by the App, such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (Intellectual Property Rights).

15.2 AvoMap gives you a personal, non-exclusive and non-transferable licence to use the Website. The User is not allowed to sell, sub-license, distribute or access in any other way (i.e. via screen-scraping or url-guessing) the content of the Website

15.3 The User is not allowed to reverse engineer, decompile or otherwise attempt to derive the source code, techniques, processes, algorithms or other know-how from AvoMap.

15.4 The Website and all other content is solely intended for your personal, non-commercial use. Any other use of the Website requires the prior written permission of AvoMap.

15.5 AvoMap is entitled to use the (personal) data received via the Website for commercial purposes, in accordance with our Privacy Statement.

15.6 In the event of a breach of this article, Users will be liable to AvoMap for an immediately payable amount of $300 per breach and $150,- for each day on which the breach continues, without prejudice to AvoMap’s right to opt for damages instead of this amount.

16. Assignment

16.1 AvoMap may freely assign their rights and obligations under these Terms in the event of a merger, acquisition or sale of assets, by law or otherwise.

17. Miscellaneous

17.1 AvoMap reserves the right to alter these Terms. When we change these Terms in a significant way, we will post a notification on our Website along with the updated Terms. We will also notify you via E-Mail, and request you to accept the updated Terms before you can continue your use of our Website. By continuing to use the Website and/or our services you acknowledge the most recent version of these Terms.

17.2 If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.

18. Severability

18.1 The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

19. Applicable law and jurisdiction

19.1 These Terms shall be governed by and construed in accordance with the laws of Bulgaria.

19.2 All disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Sofia, Bulgaria, unless the dispute can be settled in an amicable fashion.

20. Complaints, comments and suggestions

20.1 AvoMap strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us at hello@avomap.com