Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Odys ADV mobile application (the "App") and the website located at odysadv.com (the "Site"), each provided by Odys ADV ("Odys ADV", "we", "us", or "our"). By downloading, installing, or using the App or Site, you agree to be bound by these Terms. If you do not agree, do not use the App or Site.

1. Eligibility

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction, if higher) to use the App or Site. By using the App or Site, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. License Grant

Subject to your compliance with these Terms, Odys ADV grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control, for your personal, non-commercial purposes. Use of paid features (the "Premium Features") requires either an active free Trial as described in Section 6 or payment of an active subscription fee through the Apple App Store or Google Play. Use of free-tier features ("Odys Lite") does not require any payment and is not time-limited.

This license is granted on a per-Apple-ID or per-Google-account basis as governed by the rules of the respective app store. Expiration or cancellation of your subscription automatically terminates your right to access Premium Features, but does not terminate your right to continue using Odys Lite. The license does not transfer ownership of the App or any underlying intellectual property to you.

3. Restrictions

You may not, and you may not permit any third party to:

• copy, modify, adapt, translate, or create derivative works of the App;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the App, except to the extent expressly permitted by applicable law;
• rent, lease, lend, sell, sublicense, distribute, publish, or otherwise transfer the App to any third party;
• remove, alter, or obscure any proprietary notices on the App; or
• use the App in any manner that violates applicable law, infringes the rights of any third party, or interferes with the operation of the App or any network connected thereto.

4. Acceptable Use

You agree to use the App and Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit any other party's use of the App or Site. You are solely responsible for any data, content, or files you import into the App, including GPX route files, and you represent and warrant that you have the right to use and import such content.

5. Safety; Use At Your Own Risk

Backcountry adventure riding involves inherent and substantial risks, including but not limited to risks of bodily injury, death, mechanical failure, environmental hazards, loss of cellular and satellite signal, equipment malfunction, inaccurate or incomplete map data, errors in GPS positioning, and the failure of mesh-network communications. You acknowledge and accept these risks.

You agree that:

• You will not rely on the App as the sole means of navigation or communication, particularly in remote or hazardous environments;
• You will operate your motorcycle and ride in accordance with all applicable laws, posted signs, and safe riding practices, and you will not operate any controls of the App while doing so would distract you from operating your motorcycle safely;
• You will carry appropriate backup means of navigation and emergency communication, including but not limited to a paper map, compass, satellite messenger, or similar device, as conditions warrant;
• The accuracy of GPS positioning, map data, and route information depends on factors outside our control, including signal availability, hardware tolerances, the underlying mapping source data, and conditions of the terrain;
• Mesh-radio range, latency, and packet delivery are inherently variable and may be affected by terrain, obstructions, hardware, and environmental conditions;
• The Alert features, including SOS, are not a substitute for emergency services, satellite emergency beacons (PLB / SEND devices), or first-responder dispatch. If you are facing a genuine emergency, you should contact emergency services by the most reliable means available;
• You assume full responsibility for your decisions, actions, and safety while using the App.

6. Trial, Subscription, and Free Tier

6.1 Free Trial

The App offers a free trial of all Premium Features (the "Trial") of fourteen (14) days, activated only when you affirmatively tap the in-app “Start free trial” control and complete the standard Apple App Store or Google Play subscription-confirmation flow. The Trial is not auto-started at installation. The Trial is provided through the introductory-offer machinery of the Apple App Store or Google Play, as applicable, and is governed by the rules of the respective store, including eligibility rules limiting Trial availability to one activation per Apple ID or Google account.

At the conclusion of the Trial, the subscription auto-renews into a paid subscription at the then-current price unless you cancel through the subscription-management interface of the applicable store at least twenty-four (24) hours before the end of the Trial. If you cancel before this deadline, no payment is taken and access to Premium Features ends at the conclusion of the original Trial period.

6.2 Paid Subscription

Subscriptions are available in two tiers as listed on the applicable app-store product page:

• an annual subscription, currently priced at $24.99 USD per year; and
• a monthly subscription, currently priced at $4.99 USD per month.

Subscriptions are billed in advance and auto-renew at the end of each billing period at the then-current price unless cancelled by you at least twenty-four (24) hours before the end of the current billing period. Your payment method (as registered with Apple or Google) will be charged for the renewal within the twenty-four-hour period prior to the end of the current period.

Prices may vary by region, reflect applicable local taxes, and may be adjusted from time to time. Where required by law, we will provide advance notice of price changes affecting an active subscription before such changes take effect.

All payment processing, billing, taxes, Trial activation, Trial conversion, and subscription management are handled by Apple or Google as governed by their respective terms of service. Odys ADV does not receive, store, or process your payment-card information.

6.3 Odys Lite (Free Tier)

If you do not start the Trial, cancel the Trial before it converts, or allow a paid subscription to lapse, the App will continue to operate in a free tier ("Odys Lite"). Odys Lite provides the ability to import one folder of GPX data, view the imported track and your GPS position on the map, view waypoint markers (icon and name only), see raw GPS speed and elevation in the heads-up display, and use the online basemap when network connectivity is available. Premium Features — including offline state map rendering, Meshtastic rider tracking, the alert system, Scout Mode, route-following intelligence, multi-folder library management, and related features — are paused but not deleted, and the underlying data (imported tracks, downloaded offline tiles, settings, library state) is preserved on your device. Resubscribing at any future date restores access without re-import or re-download.

Odys Lite is provided without time limitation and without payment. We reserve the right to modify the scope of Odys Lite features prospectively on reasonable notice, but we will not reduce Odys Lite below the ability to display an imported GPX file and the rider’s GPS position on a basemap.

7. Cancellation and Refunds

You may cancel your subscription at any time through the subscription-management interface of the Apple App Store or Google Play, as applicable. Cancellation takes effect at the end of the then-current billing period; you retain access to paid features until that period ends. Cancellation does not trigger a pro-rata refund of the remaining unused portion of the billing period unless required by applicable law.

Refund requests are handled by Apple or Google through the platform on which the subscription was purchased, subject to the policies of the applicable store. Odys ADV does not process refunds directly except where required by applicable law.

8. Intellectual Property

The App, the Site, and all content, software, code, designs, trademarks, logos, and other materials contained therein are the property of Odys ADV or its licensors and are protected by copyright, trademark, and other intellectual-property laws. Except for the limited license granted in Section 2, no rights are granted to you by these Terms, whether by implication, estoppel, or otherwise.

"Odys ADV" and the cairn logomark are trademarks of Odys ADV. All other trademarks referenced in the App or Site are the property of their respective owners.

9. Third-Party Services

The App may make use of third-party services and data sources, including OpenStreetMap data, the Meshtastic open-source project, and the Apple and Google application stores. Your use of such third-party services and data is subject to the terms and licenses of the respective providers. Odys ADV is not responsible for the availability, accuracy, content, or practices of third-party services.

10. Updates

We may, from time to time, release updates, patches, and new versions of the App. We may also discontinue support for older versions, operating systems, or hardware. Continued use of the App may require accepting and installing such updates.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, ODYS ADV DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT MAP DATA, GPS POSITIONS, OR MESH COMMUNICATIONS WILL BE ACCURATE, COMPLETE, OR TIMELY.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ODYS ADV, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, BODILY INJURY, PROPERTY DAMAGE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ODYS ADV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ODYS ADV'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SITE EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO ODYS ADV FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the foregoing exclusions and limitations apply to the maximum extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Odys ADV and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use or misuse of the App or Site; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content or data you import into or transmit through the App.

14. Termination

These Terms remain in effect until terminated. You may terminate these Terms at any time by uninstalling the App and ceasing all use of the App and Site. We may terminate or suspend your access to the App or Site at any time, with or without notice, for any conduct that we determine, in our sole discretion, violates these Terms or is otherwise harmful to other users, us, or third parties. Upon termination, Sections 3, 5, and 8 through 17 will survive.

15. Governing Law and Venue

These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the App will be brought exclusively in the state or federal courts located in [COUNTY], [STATE], and you consent to the personal jurisdiction of such courts.

16. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will revise the "Last updated" date at the top of these Terms and, where appropriate, provide additional notice through the App or Site. Your continued use of the App or Site after the effective date of the revised Terms constitutes your acceptance of those Terms.

17. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Odys ADV regarding the App and Site and supersede all prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver. You may not assign these Terms without our prior written consent; any attempted assignment in violation of this provision is void. We may freely assign these Terms.

18. Contact

Questions about these Terms should be directed to contact@odysadv.com.