[Last Updated: Aug 30, 2024]
Welcome to Kiji Maps! We want you to know and understand your rights relating to the services we provide. Please review this document carefully before using our products and services.
Use of the Kiji Maps mobile application (the “App”), [www.kijimaps.com] (https://www.kijimaps.com) (the “website”) and associated services (collectively referred to as “Kiji Maps” or the “Services”) whether by accessing, using, or uploading or downloading any information or materials to or from the App signifies your agreement to these Terms of Service (the “Terms”). If you do not agree to any of these Terms you must immediately cease using the App. We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of the App following posting of changes to these Terms will mean you accept those changes. Unless we provide you with specific notice, no changes to the Terms will apply retroactively.
The App is owned and provided to you by Kiju Explorers, LLC (referred to as the “company”, “we”, “our”, or “us”) with its address at 10080 N. Wolfe Rd Suite SW3-200, Cupertino, CA 95014, USA.
This is a legally binding agreement between you (henceforth referred to as “you”) and Kiju Explorers, LLC (henceforth referred to as the “company”, “we”, “our”, or “us”) and grants you a non-transferable, non-exclusive, revocable license to use the Services on the basis of this agreement and subject to any rules or policies applied by the app store where you download the App. If you access or use the Services on behalf of any company or other entity, you represent that you have authority to bind such company or entity to these Terms. In such a case, the term “you” will include such entity and its affiliates. To use the Services you must be at least 16 years old, or the age of majority in your province, territory or country and are legally permitted to use the Services by the laws in such jurisdiction. If you are under the age of 18 you may use the Services only with the supervision and consent of a parent or legal guardian.
When you accept these Terms, you also accept our Privacy Policy (thereafter referred to as “privacy policy”)
Kiji Maps can be used as a free install with a limited set of features. Kiji Maps also provides a paid subscription plan which unlocks additional enhanced features which will remain usable as long as the subscription is active.
When you complete purchase of the subscription the subscription fee will be billed to your account by the app store at the start of the subscription period. These fees will automatically renew thereafter until the subscription is downgraded or terminated. You may cancel the subscription at any time via the subscriptions section in your mobile device. If you cancel the subscription you will still have access to the enhanced features for the remainder of the subscription period, after which the subscription will not renew and access to the enhanced features will end.
If you are provided with a free trial you may access the subscription features free of charge for a limited period of time. At the end of the trial period the subscription will automatically start and subscription fees will be billed to your account by the app store. If you wish to not start the subscription you can cancel the trial period at any time by going to the subscriptions section in your mobile device and choosing the cancel option.
We may at any time, in our sole discretion, change the subscription fees, or add new fees and charges in relation to the subscription. Your continued use of the Services after the price change becomes effective constitutes acceptance. Any changes will not affect an ongoing subscription until the next renewal commencement date. If you do not agree to the change, you must cancel your subscription before the renewal date.
There is no cooling off period once a paid subscription starts. Any charges already billed to your account are final and we will not provide a refund.
We value your privacy, and we are committed to respecting your privacy choices. Please read through our Privacy Policy for more information.
Please note that we do not provide any mechanism to backup or restore content created by you. The moment you uninstall or delete the App all content created by you will be deleted with no means of recovery. You may however make use of the “Share” feature, wherever applicable, to save your content to storage on your personal device or external storage maintained by you. The content that has been exported in this way is under your control and we are not in a position to recover it if it gets lost. If you reinstall the App, this content can, in most cases, be imported back into the App from the exported files, but there is no guarantee this will always be possible due to the ever changing nature of data versions and changes to the App features.
For best results we recommend you keep the App installed and updated to the latest version if you are unable to save your content elsewhere; even if you are no longer subscribed. From time to time we will revoke access to old versions of the App which will require you to update to the latest version.
Unless as expressly stated in this agreement or as permitted by any applicable law, you agree:
A violation of any of these restrictions is ground for immediate termination of your right to use the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THEM, INCLUDING AS TO THEIR ACCURACY, COMPLETENESS OR CURRENCY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PRODUCTS, OR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE PROVISION OF THE PRODUCTS. SUBJECT TO YOUR STATUTORY RIGHTS, WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY, ACCURACY, COMPLETENESS OR SUITABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY TRAIL ROUTES OR TRAIL CONDITIONS, WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. CERTAIN INFORMATION, INCLUDING INFORMATION REGARDING TRAIL ROUTES AND TRAIL CONDITIONS, HAVE BEEN PROVIDED BY THIRD PARTIES, AND WE ARE NOT LIABLE FOR ANY INACCURACIES IN SUCH INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT ALL LOCATION DATA IN THE SERVICES IS PROVIDED FOR BASIC NAVIGATIONAL AND PLANNING PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. YOU AGREE THAT THE RESULTS YOU RECEIVE FROM THE SERVICE MAY VARY FROM ACTUAL ROAD, TERRAIN, CYCLING OR PEDESTRIAN PATHS, OR OTHER CONDITIONS DUE TO FACTORS THAT CAN AFFECT THE ACCURACY OF THE SERVICE AND DATA THEREIN, SUCH AS, BUT NOT LIMITED TO, WEATHER, ROAD, TRAFFIC, AND PATH CONDITIONS, AND GEOPOLITICAL EVENTS.
THE SERVICES CONTAIN LINKS TO THIRD-PARTY NAVIGATION SERVICES EG APPLE MAPS, GOOGLE MAPS WHICH ARE NOT UNDER OUR CONTROL, AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF THOSE SERVICES. AT ALL TIMES YOU AGREE TO ABIDE BY THE RULES OF THE ROAD YOU ARE TRAVELING ON. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE SERVICE, DO NOT RELY ON THE SERVICE.
WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT (COLLECTIVELY “THIRD PARTY CONTENT”), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR OR IN CONNECTION WITH SUCH THIRD PARTY CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT.
YOU EXPRESSLY AGREE THAT MANY ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, HIKING, RUNNING, CYCLING, MOUNTAINEERING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, DEATH, AND OTHER DANGERS AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY ACTION, INACTION OR NEGLIGENCE BY THE COMPANY, ITS AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE THE COMPANY, ITS AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE MOBILE APPLICATIONS, WEBSITES, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SERVICES, (B) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE SERVICES, (C) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (D) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
APPLICABLE CONSUMER LAWS IN YOUR COUNTRY OF RESIDENCE MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER, BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY PRODUCT OR SUBSCRIPTION THAT GIVE RISE TO THE CLAIM IN THE 12-MONTHS PRIOR TO THE DATE OF CLAIM.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS.
THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
To the fullest extent permitted by applicable law, you agree to indemnify and hold the company and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your activities which generate the content you store or seek to store in the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such claim. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your rights with respect to the company are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of the Services, do not permit it.
Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
The parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the company’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to this agreement, including, but not limited to, any claim that all or any part of this agreement is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this agreement. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. You and Kiju Explorers, LLC hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the U.S.Federal Arbitration Act. This provision does not apply to users who live in the European Union.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt out and not be bound by the arbitration and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Kiju Explorers, LLC, 10080 N. Wolfe Rd Suite SW3-200, Cupertino, CA 95014, USA. The notice must be sent within 30 days of registering to use the Services; otherwise, you will be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, we will also not be bound by them. In addition, if you elect to opt out of these arbitration provisions, we may terminate your use of the Services.
You agree that any claim you may have arising out of or related to your relationship with the Services and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.
Any action related to the Terms, content, the services, and your relationship with the Services will be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this agreement in the federal or state courts embracing San Francisco, California and you consent to the exclusive jurisdiction of the federal or state courts embracing San Francisco, California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.
If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against Kiji Maps in your Member State and to invoke certain local laws against Kiji Maps.
These Services are controlled by our offices within the United States of America. We make no representation that the content or the Services are appropriate or available for use in other locations. Access to or use of the content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. If any such event takes place that affects the performance of our obligations under this Agreement: (a) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the event; and (b) we will use our reasonable endeavors to find a solution by which our obligations under this Agreement may be performed despite the event.
We may transfer our rights and obligations under this Agreement to another organization, but this will not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement to another person if we agree to such transfer in writing.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Each of the Terms of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.