Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Tourino Service, you affirm that you:

• Are at least 16 years of age
• Have the legal capacity to enter into these Terms
• Agree to comply with all applicable laws and regulations
• Have read and understood our Privacy Policy and Cookie Policy

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Tourino provides a GPS route discovery and tracking platform that allows users to:

• Record and track GPS routes using mobile devices
• Discover routes shared by other users
• View routes on interactive maps
• Share routes with the community
• Comment on and rate routes
• Access route information including distance, elevation, and waypoints

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are solely responsible for maintaining the security of your account credentials. Tourino will not be liable for any loss or damage arising from your failure to protect your account information.

4. User Conduct and Prohibited Activities

When using the Service, you agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Harass, threaten, or harm other users
• Post false, misleading, or deceptive route information
• Submit routes that encourage illegal activities or trespassing
• Access or attempt to access other users' accounts without authorization
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service for any commercial purpose without authorization

5. User-Generated Content

5.1 Your Content Ownership

You retain all ownership rights to the content you submit to the Service, including routes, comments, photos, and other materials ("User Content"). However, by submitting User Content, you grant Tourino a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, display, reproduce, and distribute your User Content
• Modify and adapt your User Content for technical requirements
• Create derivative works based on your User Content
• Sublicense your User Content to third parties for the purpose of operating the Service

This license continues even if you stop using the Service, but you may revoke it by deleting your User Content from the Service.

5.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain confidential or proprietary information
• Your User Content is accurate to the best of your knowledge

5.3 Content Moderation

Tourino reserves the right, but has no obligation, to:

• Monitor, review, or edit User Content
• Remove or refuse to publish User Content that violates these Terms
• Remove User Content for any reason or no reason
• Disclose User Content to comply with legal obligations

5.4 Public Routes

When you designate a route as "public," you acknowledge that:

• Other users can view, download, and use your route information
• Your username may be displayed as the creator
• The route may appear in search results and recommendations
• Users may comment on and rate your route

You can change routes from public to private at any time through your account settings.

6. Safety Disclaimers and Warnings

6.1 Assumption of Risk

By using the Service, you acknowledge and accept that:

• Outdoor activities are dangerous: Hiking, cycling, and other outdoor activities involve inherent risks including injury, illness, or death
• You are responsible for your safety: You must assess your own fitness level, skills, and preparedness before attempting any route
• Conditions change: Weather, trail conditions, and terrain can change rapidly and without warning
• GPS is not infallible: GPS devices and apps can fail, have inaccuracies, or lose signal
• Routes may be outdated: User-submitted routes may contain outdated or incorrect information

6.2 No Guarantee of Accuracy

Tourino makes no warranties regarding:

• The accuracy of GPS coordinates, elevation data, or distance measurements
• The quality, safety, or suitability of any route
• The current condition of trails, roads, or paths
• The accessibility or legality of any route

6.3 User Responsibilities

Before attempting any route, you must:

• Verify route information through multiple sources
• Check current weather conditions and forecasts
• Consult with local authorities (park rangers, land managers) about trail conditions and closures
• Assess your fitness level and technical skills for the route difficulty
• Carry appropriate safety equipment, navigation tools, and emergency supplies
• Inform others of your plans and expected return time
• Be prepared to turn back if conditions are unsafe

6.4 Emergency Situations

In case of emergency:

• Call local emergency services immediately - do not rely on the app for emergencies
• Tourino is not an emergency response service
• The Service may not function in areas without mobile network coverage

6.5 Legal Access and Permissions

You are responsible for:

• Ensuring you have legal access to areas where you plan to travel
• Obtaining necessary permits or permissions
• Respecting private property and "no trespassing" signs
• Following all local laws, regulations, and land use restrictions

Tourino does not verify whether routes cross private property or restricted areas. Some user-submitted routes may involve trespassing or illegal access.

7. Intellectual Property Rights

7.1 Tourino's Intellectual Property

The Service, including its design, features, graphics, software, and compiled content, is owned by Tourino and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute any part of the Service without permission
• Use Tourino's trademarks, logos, or branding without authorization
• Create derivative works based on the Service

7.2 Third-Party Content

The Service uses map data from OpenStreetMap, which is available under the Open Database License (ODbL). When using routes or maps from the Service, you must provide appropriate attribution to both Tourino and OpenStreetMap contributors.

7.3 Copyright Infringement

If you believe that your copyrighted work has been infringed, please contact us at info@tourino.ch with:

• Identification of the copyrighted work
• Identification of the infringing material on our Service
• Your contact information
• A statement that you believe in good faith that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

8. Disclaimers and Limitation of Liability

8.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

Tourino does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any defects or errors will be corrected
• The Service will meet your requirements or expectations

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURINO, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, illness, or death
• Loss of profits, data, or business opportunities
• Damage to property or equipment
• Cost of substitute services
• Loss resulting from use of or reliance on route information

This limitation applies whether the liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if Tourino has been advised of the possibility of such damages.

8.3 Maximum Liability Cap

In jurisdictions that do not allow the exclusion or limitation of liability, Tourino's total liability to you for all claims arising from or related to the Service shall not exceed the greater of: (a) €100, or (b) the amount you paid to Tourino in the 12 months before the claim arose.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tourino, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

10. Account Termination and Suspension

10.1 Termination by You

You may terminate your account at any time by:

• Accessing your account settings and selecting "Delete Account"
• Contacting us at info@tourino.ch

Upon account deletion, your personal data will be removed in accordance with our Privacy Policy. Public routes may be retained in anonymized form unless you specifically request their deletion.

10.2 Termination by Tourino

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms
• We suspect fraudulent, abusive, or illegal activity
• We are required to do so by law
• We discontinue the Service

10.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• You remain liable for all obligations incurred before termination
• Provisions that by their nature should survive termination will survive (e.g., disclaimers, limitations of liability, indemnification)

11. Changes to Terms

We may modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you via email (if you have an account) or through a notice on the Service
• Provide at least 30 days' notice for material changes

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Service and may delete your account.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

12.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland. However, we retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

12.3 Informal Resolution

Before initiating formal legal proceedings, please contact us at info@tourino.ch to attempt to resolve the dispute informally. We are committed to working with users in good faith to resolve complaints.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tourino regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

13.6 Language

These Terms are provided in English and German. In case of any discrepancy between translations, the English version shall prevail.

14. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us at info@tourino.ch. For complete contact information and legal details, see our Imprint.

15. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD OUR PRIVACY POLICY AND COOKIE POLICY.