PisteBuddy Terms of Use
Last updated: 11 October 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP.
These Terms of Use (the "Terms") set out the legal terms between you and PisteBuddy Limited on which you may download and use the PisteBuddy mobile application. They explain what you can and cannot do when using the App, what we are and are not responsible for, and how Paid Features are bought and cancelled.
By creating an Account, or by using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you must not create an Account or use the App. We recommend that you save or print a copy of these Terms for future reference. These Terms, and any contract between you and us, are in the English language only.
These Terms include important provisions about your safety and about Paid Features. In summary, and without limiting the full terms below:
(a) the App is a navigation and information aid. It is intended to assist you on the mountain, and not to replace resort signage, piste markings, the instructions of ski patrol, official avalanche bulletins or your own judgement (clause 14);
(b) you must be 18 or over, or the age of majority in your country if that is higher, to use the App (clause 3);
(c) subscriptions renew automatically until cancelled through your App Store account. Payment is collected by Apple or Google and not by us, and requests for refunds must be made to them in the first instance (clauses 8 and 10); and
(d) if you are a consumer, nothing in these Terms affects your statutory rights.
1. Definitions and interpretation
1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means the PisteBuddy account that you create in order to access and use the App;
"App" means the PisteBuddy mobile application for iPhone and Android devices, including its maps, routes, data and other Content, and any updates or supplements to it that we provide;
"App Store" means the Apple App Store or Google Play and, where the context so requires, the one from which you downloaded the App;
"Content" means the maps, routes, forecasts, ratings, images, text and other information displayed in or made available through the App, whether created by us or supplied by a third party, but excluding User Content;
"Paid Features" means the features of the App that are available only with Pro or a Resort Pack, as described in clause 7;
"Privacy Policy" means our privacy policy referred to in clause 20;
"Pro" means the PisteBuddy Pro auto-renewing subscription;
"Resort Pack" means a one-off purchase in respect of a single resort, as described in clause 9;
"Store Provider" means Apple (in respect of the Apple App Store) or Google (in respect of Google Play);
"User Content" means any material that you add to the App and that other users can see, including your display name, profile photograph, group names, group photographs and meet-up details; and
"we", "us", "our" means PisteBuddy Limited.
1.2 Clause headings are for convenience only and do not affect the interpretation of these Terms.
1.3 Words following "including", "in particular", "for example" or any similar expression are illustrative and do not limit the sense of the words preceding them.
1.4 Any obligation on you not to do something includes an obligation not to allow that thing to be done.
2. Information about us and how to contact us
2.1 The App is owned and operated by PisteBuddy Limited, a company registered in England and Wales under company number 16831451, whose registered office is at 52a-52d Fortess Road, London, England, NW5 2HG.
2.2 We are responsible for customer service and support in relation to the App. If you need to contact us, please email contact@pistebuddyapp.com. If we need to contact you, we will do so by email or by a notice in the App.
3. Who may use the App
3.1 You must be at least 18 years of age, or the age of legal majority in the country in which you live if that is higher, to create an Account and use the App. By creating an Account you confirm that you meet this requirement. If we become aware that an Account belongs to a person under that age, we may close it and delete the information associated with it.
3.2 We provide the App for domestic and private use only. You agree not to use the App for any commercial or business purpose. The App is not offered to any person acting in the course of a business.
4. Downloading the App, and the App Store's own terms
4.1 The App is made available for download through the Apple App Store and Google Play. Downloading the App is free of charge. The availability of the App is dependent on the App Store from which you download it. Each App Store has its own terms and conditions and usage rules, to which you must agree before downloading the App, and you must comply with them as well as with these Terms.
4.2 Subject to clause 26, these Terms are concluded between you and us only. The Store Provider is not a party to these Terms and has no responsibility for the App or its Content.
4.3 If you downloaded the App from the Apple App Store, clause 26.1 also applies to you. If you downloaded the App from Google Play, clause 26.2 also applies to you.
4.4 You are responsible for making all arrangements necessary for you to use the App, including a compatible device and an internet connection. Your mobile network operator or other communications provider may charge you for data usage, including roaming charges when you use the App abroad. You are solely responsible for those charges. Use of the App's maps abroad, without first downloading the relevant resort, may consume a significant amount of mobile data.
5. Licence and restrictions
5.1 The App and its Content, and all intellectual property rights in them anywhere in the world, belong to us or to our licensors. Those rights are licensed, not sold, to you. You have no rights in or to the App or its Content other than the right to use them in accordance with these Terms.
5.2 In consideration of your agreeing to comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App on devices that you own or control, solely for your own personal, non-commercial use, in accordance with these Terms and the usage rules of the App Store.
5.3 The licence in clause 5.2 extends to any updates or supplements to the App that we may provide, unless they are accompanied by separate terms.
5.4 Except as expressly permitted by these Terms or by any law that cannot be excluded by agreement, you must not:
(a) copy the App or its Content, except where such copying is incidental to normal use of the App;
(b) rent, lease, lend, sub-license, sell, redistribute or otherwise make the App or its Content available to any other person;
(c) translate, adapt, modify, decompile, disassemble, reverse-engineer or create derivative works based on the whole or any part of the App, except to the extent expressly permitted by law (including sections 50B and 296A of the Copyright, Designs and Patents Act 1988);
(d) alter, remove or obscure any copyright, trade mark, attribution or other proprietary notice appearing in the App;
(e) extract, scrape, mass download or mine any maps, routes or other data from the App or from our servers by any automated means, use any such data to create or augment any other mapping or navigation dataset, or use any such data to develop or train any artificial intelligence model or system; or
(f) share any downloaded resort map or other Paid Feature with any other person, or circumvent or attempt to circumvent any technological measure that restricts access to Paid Features.
5.5 Certain map data in the App is derived from OpenStreetMap and is made available by the OpenStreetMap Foundation under the Open Database Licence (ODbL). Nothing in this clause 5 restricts any right that you have under that licence in respect of that data.
5.6 We reserve all rights not expressly granted to you in these Terms.
6. Your Account
6.1 You must hold an Account in order to use the App. You may create an Account using your email address (in which case we will send a one-time sign-in code to that address) or by signing in with Apple or Google. You may create one Account only, for your own personal use.
6.2 You must ensure that the information you provide to us is accurate and complete, and you must keep it up to date.
6.3 Your Account is personal to you. You must not share your Account with, or allow access to your Account by, any other person, and you must not use another person's Account. You are responsible for maintaining the security of the email account or sign-in service that you use to access the App. Any person who is able to read your sign-in code will be able to access your Account. If you know or suspect that another person has gained access to your Account, you must notify us promptly using the details in clause 2.
6.4 Pro and Resort Packs are attached to the Account through which they were purchased. They may be used on any device on which you are signed in to that Account, and they cannot be transferred to any other Account.
6.5 You may delete your Account at any time from within the App, under Settings > Profile > Delete Account. On deletion we remove your email address, display name and profile photograph, your friends, your shared location, your group memberships and the record of the people with whom you have been in a group, your meet-ups and invitations, the registration of your device for notifications, and your settings held with us. Any group that you created, and any meet-up that you organised, will end for all of its members. The information that we retain following deletion, and our reasons for retaining it, are set out in our Privacy Policy.
6.6 Subscriptions. Deleting your Account, or uninstalling the App, does not cancel a subscription. Subscriptions are billed by the Store Provider and must be cancelled through your App Store account in accordance with clause 10. If you delete your Account, you will lose access to any remaining period of Pro and to any Resort Pack attached to it.
6.7 We may suspend or close your Account in the circumstances set out in clause 19.
6.8 Places that you save as favourites, places that you have recently opened from search and the resorts that you have downloaded are stored on your device and not in your Account. They remain on the device after you sign out or delete your Account, and are visible to any person who subsequently uses the App on that device.
7. Free and paid features
7.1 The App may be used free of charge. The features available without payment include the resort map, a route between two points, current weather conditions and an hourly forecast for the area shown on the map, webcams where available, and the friends, groups and meet-up features.
7.2 Pro currently provides, in addition: route comparison and route filters; avalanche danger ratings; hourly forecasts for individual lifts and peaks, the forecast for the week ahead and fresh-snow figures; live lift status where available; 3D terrain; and offline maps and offline route planning for every resort that we make available for download.
7.3 A Resort Pack provides, in respect of one resort, an offline map, offline route planning and 3D terrain, as further described in clause 9.
7.4 We take reasonable care to describe the Paid Features accurately in the App and in the App Store listing. The App has not been developed to meet your individual requirements, and you should check that the Paid Features as described meet your requirements before you buy. Certain features of the App, including certain Paid Features, depend on data published by third parties, which we display but do not produce. That data is not available for every resort or region, and we cannot guarantee its continued supply. In particular: (a) live lift status is available for a minority of resorts only; (b) avalanche danger ratings are available only for regions covered by an avalanche warning service whose ratings the App displays, and only for so long as that service is publishing, and the ratings published by the avalanche warning services of Canada are not currently displayed; and (c) webcams are available only where a camera exists.
8. Pro subscriptions, free trials and payment
8.1 Subscription. Pro is offered as an auto-renewing subscription purchased through the App Store, on a weekly plan or an annual plan (shown in the App as the Annual or Season plan). If you purchase Pro, you enter into a contract for ongoing access to the Paid Features for the subscription period that you select. The price is displayed in the App before you buy. At the date on which these Terms were last updated, the price in the United Kingdom is £6.99 per week or £29.99 per year. Prices displayed in pounds sterling include VAT where applicable. Prices in other countries and currencies are set through the App Store and may differ. The price shown by the App Store at the point of purchase is the price you will pay.
8.2 Free trial. The weekly plan begins with a free trial of 3 days and the annual plan with a free trial of 7 days. You may receive one free trial only, whichever plan you choose. The free trial and the United Kingdom price are displayed in the App to all users. Whether you are eligible for a free trial, and the price and currency that you will pay, are those shown by the App Store when you confirm your purchase. A free trial converts automatically into a paid subscription when it ends. If you do not cancel before the free trial ends, your subscription will start and the Store Provider will charge your payment method the price displayed.
8.3 Automatic renewal. Your subscription will renew automatically at the end of each subscription period, for a further period of the same length, and the Store Provider will charge your payment method the then-current price at each renewal, until you cancel. To avoid being charged for the next period, you must cancel before the end of the current period (or free trial); the Store Provider may require cancellation at least 24 hours before that time.
8.4 Billing. Payment is collected by the Store Provider, and not by us, using the payment method associated with your App Store account, and is subject to the payment terms of the relevant App Store. We do not receive or hold your payment card details. The contract for Pro is formed when the Store Provider confirms your purchase, and your receipt is issued by the Store Provider.
8.5 Price changes. We may change the price of Pro from time to time. A price change will not affect any subscription period for which you have already paid, and will apply only from your next renewal date. You will be notified of any price increase in advance, by the Store Provider or by us, in accordance with the rules of the relevant App Store and, where those rules so require, you will be asked to consent before the new price applies. If you do not wish to continue at the new price, you may cancel your subscription before the change takes effect.
8.6 Price differences. If the price displayed in the App differs from the price displayed by the App Store when you confirm your purchase, the App Store price applies.
8.7 When Pro ends. When your subscription ends, you will no longer have access to the Paid Features provided by Pro. A Resort Pack that you have purchased is unaffected. Any resort map downloaded under Pro will cease to be usable unless you purchase the Resort Pack for that resort or subscribe again. Your Account and its other contents are unaffected.
8.8 Reminders. Any notice reminding you that a free trial is about to end or that a subscription is about to renew will be sent by the Store Provider, in accordance with its own practices.
9. Resort Packs
9.1 A Resort Pack is a one-off, non-renewing purchase made through the App Store in respect of one named resort. The price is displayed in the App before you buy. At the date on which these Terms were last updated, the price in the United Kingdom is £2.99. Clauses 8.4 and 8.6 apply to the purchase of a Resort Pack as they apply to Pro.
9.2 A Resort Pack entitles the Account through which it was purchased to the offline map and offline route planning for that resort and, while the resort is downloaded to your device, 3D terrain for that resort, for a period of 12 months from the date of purchase. That period runs from the date of purchase irrespective of whether or when you download the resort, and irrespective of how often you remove it from, or download it again to, your device.
9.3 A Resort Pack does not renew automatically. On the expiry of the period in clause 9.2 your entitlement ends, and you may purchase the Resort Pack again.
9.4 A Resort Pack covers the area shown in the App for that resort before you buy. Resorts that share a lift pass or a marketing name may not form a single connected ski area, and may be offered as separate Resort Packs.
9.5 Pro includes offline maps of every resort available for download, and you do not require a Resort Pack while you hold Pro. A Resort Pack cannot be purchased while you hold Pro. If you hold a Resort Pack and later subscribe to Pro, the Resort Pack continues for its own period of 12 months.
9.6 We update resort maps from time to time. An update does not extend the period in clause 9.2. Offline route planning for a resort depends on routing data that we have verified for that resort. If that data is later found to be unreliable, we may withdraw offline route planning for that resort until it has been corrected. In that event, route planning for that resort will require a connection, the offline map will continue to be available, and you may end the contract for that Resort Pack in accordance with clause 10.6.
9.7 If the Store Provider refunds the purchase of a Resort Pack, your entitlement to that Resort Pack ends.
10. Cancellation, your right to change your mind, and refunds
10.1 How to cancel Pro. You may cancel your subscription at any time. A subscription purchased through an App Store can be cancelled only through that App Store, in accordance with its terms: on an iPhone, through Settings > your name > Subscriptions; on an Android device, through Google Play > your profile icon > Payments and subscriptions > Subscriptions. Where the App Store supplies one, the App provides a link to that page under Settings > Profile > Subscription. As subscriptions are held by the Store Provider, a subscription cannot be cancelled by contacting us, and we are unable to cancel it on your behalf.
10.2 Effect of cancellation. Cancellation prevents the next renewal of your subscription. You will continue to have access to Pro until the end of the subscription period for which you have paid, and your access will cease at that time. Subject to clauses 10.4 to 10.6, clause 16 and clause 19.5, and to your statutory rights, you are not entitled to a refund in respect of the remainder of a subscription period.
10.3 Your right to change your mind. If you are a consumer, you ordinarily have a legal right to cancel a contract for digital content within 14 days without giving any reason. The Paid Features are made available to you immediately on purchase. By purchasing Pro or a Resort Pack, you expressly request that we begin supplying the Paid Features immediately, before the end of that 14-day period, and you acknowledge that you will lose your right to cancel once the supply has begun. Where a free trial is available, it allows you to try Pro before any payment is taken.
10.4 Refunds. Refunds are handled by the Store Provider, which collects payment, under its own refund policy, and any request for a refund must be made to it: for Apple, at reportaproblem.apple.com; for Google, through your Google Play order history. This clause does not affect your statutory rights. If you believe that you are entitled to a refund and the Store Provider has declined it, please contact us and we will take reasonable steps to resolve the matter.
10.5 Purchases made by mistake. If you purchased, or allowed a subscription to renew, by mistake, you should request a refund from the Store Provider as soon as possible and should not use the Paid Features in the meantime.
10.6 Your other rights to end the contract. You may end the contract for Pro or for a Resort Pack, and you may be entitled to a full or partial refund, if:
(a) we notify you of a change to the Paid Features or to these Terms to which you do not agree, or we withdraw or materially reduce a Paid Feature for which you have paid (see clauses 9.6, 11 and 24);
(b) the Paid Features are unavailable for a continuous period of more than 7 days for reasons within our control; or
(c) we are in breach of these Terms.
10.7 How to end the contract. To end the contract under clause 10.6, you should cancel through the Store Provider and contact us about any refund. Where a refund is due, we will arrange it through the Store Provider, to the payment method used for the original purchase, where we are able to, or will inform you how to claim it.
11. Changes to the App, and availability
11.1 We may make minor changes to the App and to the Paid Features from time to time, for example to reflect changes in relevant laws and regulatory requirements, to address technical or security issues, or to update map data. Such changes will not alter the main characteristics of the Paid Features for which you have paid.
11.2 We may also make more significant changes to the App, including by adding or removing features or resorts. We will do so only for valid reasons, such as to improve the App, to reflect technical developments, to comply with the law or the requirements of a third party on whom a feature depends, or because a feature is no longer practicable to offer. If a change would materially reduce the Paid Features for which you have paid, we will give you at least 30 days' notice where it is reasonably practicable to do so, and you may end the contract in accordance with clause 10.6.
11.3 Map and route data are refreshed periodically. A refresh may add, remove or alter pistes, lifts and places, including in resorts that you have downloaded.
11.4 We cannot guarantee that the App will always be available or that access to it will be uninterrupted. We will try to notify you of any suspension in advance. However, we may have to suspend, withdraw or change all or any part of the App without notice where it is necessary to do so on an urgent basis, for example to comply with a legal requirement or to carry out emergency maintenance to protect the security and integrity of the App. The features of the App that are provided free of charge are provided on an "as available" basis.
11.5 Some functions of the App require a mobile data or wi-fi connection and GPS coverage. Mobile and GPS coverage in mountain areas is often unreliable. Where the App or any of its features is unavailable because of a lack of coverage, we are not liable for that loss of functionality. A resort that you have downloaded can be used without a connection, but only in respect of the map, search, routes and 3D terrain of that resort; weather, avalanche danger ratings, lift status, webcams and the location of friends each require a connection.
11.6 From time to time we may require you to update the App. Earlier versions of the App may cease to function.
12. Friends, groups, meet-ups and location sharing
12.1 Friends. You may add another user as a friend by showing that user your QR code or by sending that user your invitation link. Any person who scans your QR code or opens your invitation link is able to become your friend. A QR code or invitation link remains valid for up to 7 days and may be used by more than one person during that time; we do not ask for your approval, or notify you, each time it is used. A person who holds it is able to see your display name and profile photograph before adding you. You are solely responsible for selecting the people to whom you give your QR code or invitation link, and you should give them only to people whom you know and trust. You may remove a friend at any time.
12.2 Location sharing. Location sharing is off by default. Your position is displayed to you on the map on your own device. It is not transmitted to us for the purpose of sharing unless and until you turn on location sharing, using the Share Location with Friends setting or the Share Location button on your own location card. Your position is also sent to us when the App needs it to answer a request, for example when you ask for a route from where you are, and, while the map is following your position, to show the weather, avalanche information and search results around you; this is described in our Privacy Policy.
12.3 What your friends see. Where location sharing is turned on:
(a) each of your friends who is also sharing their location is able to see your position on the map, together with the piste that you are on or the ski area that you are in (where the App is able to identify one), the battery level of your device and how long ago your position was last updated;
(b) you are not able to select which of your friends may see your position, which is visible either to all of your friends or to none of them;
(c) you are able to see the positions of your friends only while you are sharing your own, save that a person who becomes your friend by using your QR code or invitation link is shown your position once, at that moment, whether or not that person is sharing their own;
(d) where the permissions that you have given on your device allow it, your device will continue to transmit your position while the App is running in the background, and your device will display its usual location indicator; and
(e) location sharing remains on until you turn it off, or until the App is no longer able to share your position (for example, because you have withdrawn the location permission on your device). If no position has been received from your device for 30 days, your last recorded position is deleted from our servers and location sharing is turned off.
12.4 Turning sharing off, and signing out. You may turn off location sharing at any time from within the App, and by doing so you withdraw your agreement to the sharing of your location. When you turn it off, your last recorded position is deleted from our servers. Signing out of the App stops your device from sending its position but does not turn location sharing off. Your last recorded position will remain visible to your friends until you turn location sharing off, until it is deleted under clause 12.3(e), or until you delete your Account.
12.5 Accuracy. The position shown for a friend is derived from that friend's device and depends on its GPS reception, battery and network connection. It may be inaccurate, time-delayed or incomplete. Once a position is more than a few minutes old, the App shows how long ago it was last updated, and you should check this before relying on the position shown. Location data provided through the App is not intended to be relied upon in situations where precise location information is needed, or where inaccurate, time-delayed or incomplete location data may lead to death, personal injury or damage to property.
12.6 Emergencies. The App is not a replacement for emergency services. Location sharing is an aid only. It is not an emergency, search or rescue service and is not intended or suitable for use as one. We do not monitor the position of any user, and nothing in these Terms creates any duty on us to locate, search for or rescue any person. You must not rely on the App to find a person who is lost or injured. In an emergency, contact the ski patrol of the resort or call the local emergency number (112 in most of Europe; 999 or 112 in the United Kingdom; 911 in the United States and Canada) immediately.
12.7 Responsible use. The sharing of your location involves particular risks associated with other people knowing where you are. You agree to use location sharing in a way that is safe and responsible, having regard to your own circumstances and applicable law. You must not use the App to track any person without that person's knowledge and agreement, including by enabling location sharing on another person's device.
12.8 Groups and meet-ups. You may create a group of friends, and you may propose a place and time at which to meet (a meet-up). Each person whom you invite to a meet-up is able to see the other people invited and the response of each of them. A person whom you invite to a group is able to see the group's name and photograph, who invited them and some of its members. Where you have permitted notifications, we send notifications of invitations to a meet-up, reminders and cancellations; responses are shown within the App. Notifications are provided as a convenience only. We do not guarantee the delivery or timeliness of any notification, and you should not rely on notifications alone.
12.9 Privacy. Our collection and use of location data and other personal information is described in our Privacy Policy.
13. User Content and acceptable use
13.1 User Content in the App is limited to your display name, profile photograph, group names, group photographs and meet-up details. Your display name and profile photograph are visible to your friends and to the other members of, and people invited to, any group or meet-up that you are in; group names, group photographs and meet-up details are visible to the members of the group or meet-up concerned, including people invited to it. Your display name and profile photograph are also visible to any person who holds your QR code or invitation link (clause 12.1). User Content is not published generally; however, a profile photograph or group photograph can be viewed by any person who has its web address.
13.2 You retain ownership of your User Content and of all intellectual property rights in it. You grant us a non-exclusive, royalty-free, worldwide licence to store, reproduce and display your User Content, limited to what is necessary for us to operate the App, for so long as your User Content remains in the App.
13.3 Your User Content is your responsibility. You confirm that you own your User Content or have all rights necessary to grant the licence in clause 13.2 and, where a photograph includes any other person, that you have that person's permission to use it.
13.4 Your User Content, and your conduct in the App, must not:
(a) be sexually explicit, or in any way sexualise minors;
(b) be obscene, hateful, deliberately offensive or otherwise inflammatory, or promote violence, terrorism or any unlawful activity;
(c) bully, threaten, harass, intimidate or humiliate any person, or discriminate against any person or group;
(d) be defamatory of any person, or infringe any person's privacy or intellectual property rights;
(e) impersonate any person, or misrepresent your identity or affiliation, in a way that is calculated to deceive; or
(f) imply any affiliation with us where there is none.
13.5 You must use the App in a lawful manner only. You must not knowingly introduce any virus or other malicious or technologically harmful material to or through the App; attempt to gain unauthorised access to the App, to the servers on which it is hosted, or to any other person's Account; or attack the App or our services by means of a denial-of-service attack or otherwise. A breach of this clause may constitute a criminal offence under the Computer Misuse Act 1990.
13.6 We do not review User Content before it appears in the App, and User Content does not represent our views. We reserve the right to remove, or to refuse to display, any User Content that in our reasonable opinion contravenes this clause 13, and to take any of the steps set out in clause 19. If you wish to report any User Content or any user, please email contact@pistebuddyapp.com.
13.7 If your User Content or conduct contravenes this clause 13 and we suffer loss as a result, you will be responsible for our reasonable and direct losses and costs, including the reasonably incurred costs of investigating and dealing with any related complaint or claim.
14. Mountain safety and your responsibilities
14.1 Inherent risks. You acknowledge that skiing, snowboarding and other snow sports are activities with a danger of serious personal injury or death, including from falls, collisions, weather, avalanches, terrain, equipment failure and the actions of others. You participate in them at your own risk, and you are responsible at all times for your own decisions, conduct and safety on the mountain.
14.2 Nature of the App. The App is a navigation and information aid. It is not a safety device. The Content is intended to assist you on the mountain, and not to replace your own judgement or safety planning. It is provided for general information only. It is not intended to amount to instructions or formal advice on route choice, difficulty, risk assessment or safety on which you should rely, and it does not constitute a statement that any piste, lift, route or area is safe, open or suitable for you. You should always exercise your own independent judgement when using the App and remain aware of your surroundings, your own capabilities and the prevailing conditions.
14.3 Actual conditions prevail. Actual conditions may differ from the Content. The Content is not intended to replace the information presented in your physical environment, and must not be relied on where it conflicts with that information. You must at all times comply with resort rules, piste gradings, signage, piste markers and closures, and with the instructions of ski patrol, lift staff and local safety authorities, and you should refer to the official piste map of the resort.
14.4 Maps and routes. Pistes, lifts and places shown in the App are derived from OpenStreetMap, which is compiled by volunteer contributors. That data may contain errors, be incomplete or be out of date. Routes are generated automatically from the available mapping data, a route shown in the App is a suggestion only, and you should check a route before following it. In particular:
(a) a route does not take account of real-time conditions; routes are not checked against live lift status, piste closures, grooming, weather, avalanche danger, opening hours or the time of day, and a route may include a piste or lift that is closed or that no longer exists;
(b) the difficulty of a piste is shown as it has been mapped, and grading conventions differ between countries and between resorts; a route ranked as the easiest is the easiest that could be identified from the data, and is not an assessment of your ability to ski it;
(c) any times and distances shown are estimates only, and you should make allowance for your own circumstances and the conditions;
(d) some pistes end at a place from which there is no lift back, and some connections are made by road, by bus or on foot;
(e) the position shown for you on the map is derived from the GPS receiver in your device and may be inaccurate by tens of metres, and by more in steep or wooded terrain, and you should not use the App for any purpose requiring precise direction, distance or location;
(f) routes use mapped downhill pistes and lifts, together with the links described in paragraph (g); the App does not provide off-piste routes, and nothing shown in the App beyond a marked piste is a recommendation, or a statement that it is safe or permitted to go there;
(g) where mapped pistes or lifts do not connect exactly, the App links them, and a route may therefore include a short link that is not itself a mapped piste; a route may also include riding a gondola, cable car, funicular or other enclosed lift downhill where no piste is available; and
(h) where you have asked the App to avoid black runs, drag lifts or lifts and no route is able to do so, the App will still show a route, and will mark it as not meeting that request.
14.5 Avalanche danger ratings. Where the App displays an avalanche danger rating, it is the regional danger level published by the avalanche warning service for the region concerned, which we relay and do not produce. You acknowledge that:
(a) a danger level applies to a region as a whole and cannot reflect the particular features of any individual slope; the level displayed is the highest level given for the region, and the level may differ according to altitude and aspect;
(b) a danger level is a forecast and may prove to be incorrect; avalanche conditions can change rapidly, and conditions on the ground may differ materially from any rating displayed;
(c) a rating is displayed only while the bulletin is within the period of validity stated by its publisher (where the publisher states one) and our copy of it has been refreshed within the previous 24 hours, so it may have been issued more than a day earlier and may not reflect a later update, and no rating may be displayed where or when no bulletin is published;
(d) avalanche bulletins generally describe conditions in open, unsecured terrain, and a rating is not an assessment of the safety of any piste, slope or route;
(e) the display of a rating in no way removes your obligation to assess the avalanche situation locally for yourself and to act accordingly;
(f) a rating is not a substitute for reading the full official bulletin (to which the App links where it is able to), for avalanche safety training, for appropriate equipment or for the guidance of a qualified mountain professional; and
(g) the App does not currently display the ratings published by the avalanche warning services of Canada, the absence of a rating does not indicate an absence of danger, and marked pistes may also be affected by avalanches.
14.6 Weather, lift status, webcams and places. Any element of the Content that involves a forecast or prediction should not be relied upon as though it were a statement of fact. Weather information is a forecast for an area of several kilometres and does not take full account of altitude. If our weather supplier is unavailable, an earlier forecast may be shown. Fresh-snow figures are estimated from forecast precipitation and are not measurements of snow depth. Lift status is collected from resort sources, is available for some lifts only, and may be inaccurate or out of date. Webcam images may be minutes or hours old. The opening hours, telephone numbers and websites shown for restaurants, bars and hire shops are as recorded in OpenStreetMap and are not checked by us. This information is for guidance only, and you should verify it with the resort before relying on it.
14.7 Your device. Battery life is significantly reduced in cold conditions, and mobile coverage in mountain areas is often unreliable. You should not rely on the App as your only means of navigation, and you should carry the official piste map of the resort and ensure that your device is adequately charged. We advise you not to look at or handle your device while you are in motion. If you need to use your device, you should first stop at the side of the piste, in a place where you are visible from above.
14.8 Your responsibilities. You are responsible for making your own assessment of risk, taking into account your experience, ability and fitness, your equipment, the weather and the terrain; for selecting routes that are within your ability; for complying with the FIS Rules of Conduct and with local laws and regulations; and for holding insurance appropriate to your activities.
14.9 Accuracy. We take reasonable care to ensure that the Content is accurate and up to date. However, to the extent permitted by law, we make no representation, warranty or guarantee, whether express or implied, that the Content is complete, accurate or current.
14.10 Liability. Nothing in this clause 14 excludes or limits any liability that cannot be excluded or limited by law, including liability for death or personal injury caused by our negligence (see clause 18).
15. Third-party data and services
15.1 The App displays data, and makes use of services, supplied by third parties, including contributors to OpenStreetMap and OpenSkiMap (pistes, lifts and places), Mapbox (base map and terrain), the avalanche warning services of the regions for which a rating is displayed, OpenWeather (weather), Windy (webcams) and the operators of ski resorts and their data suppliers (lift status). The sources are identified in the App under Settings > Legal > Data attributions, and the source of an avalanche danger rating is linked from the rating where the App is able to do so. We and our data providers aim to ensure that this data is correct and up to date, but we cannot guarantee that it always will be, and we cannot guarantee its continued supply. Save as provided in clauses 16 and 18, responsibility for that data rests with the third parties that supply it, and not with us.
15.2 Where the App contains links to websites or resources provided by third parties, such as the bulletin of an avalanche warning service, those links are provided for your information only. Those websites are outside our control, and we accept no responsibility for their content.
15.3 Those third parties may have their own terms that apply to your use of their data or services. You must comply with any third-party terms that apply to you when using the App, including the terms of your mobile network operator and of the App Store.
16. If there is a problem with the Paid Features
16.1 You have rights under the law, and under these Terms, if the Paid Features are faulty. By law, digital content that we supply to you for payment must be of satisfactory quality, fit for purpose and as described. If you believe that the Paid Features do not comply, please notify us as soon as reasonably possible at contact@pistebuddyapp.com, and we will work with you to resolve the matter.
16.2 Your remedies are as follows:
(a) if the Paid Features are faulty, you are entitled to a repair or a replacement;
(b) if the fault cannot be fixed, or has not been fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund; and
(c) if you can show that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or to compensation.
16.3 Where a refund is due, we will arrange it through the Store Provider where we are able to, or will inform you how to claim it.
16.4 For further information about your rights as a consumer, please contact Citizens Advice or your local Trading Standards office.
17. Security
17.1 We exercise reasonable skill and care to ensure that the App is secure. However, we do not represent or warrant that the App will always be entirely secure or free from errors or vulnerabilities.
17.2 You are responsible for keeping your device and its operating system secure and up to date.
18. Our liability to you
18.1 Liability that we do not exclude. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; and for breach of your statutory rights as a consumer, including under the Consumer Rights Act 2015.
18.2 Foreseeable loss. Subject to clause 18.1, if we fail to comply with these Terms or fail to use reasonable care and skill, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach or of our failure. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time the contract was made, both we and you knew that it might happen. We are not responsible for any loss or damage that is not foreseeable, or that was not caused by any act or omission on our part.
18.3 Personal use only. We provide the App for domestic and private use only. We therefore have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
18.4 Damage to your device. If defective digital content that we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, or for damage that was caused by your failing to follow our instructions correctly or to have in place the minimum system requirements advised by us.
18.5 Matters for which we are not responsible. Subject to clause 18.1, we are not responsible for loss or damage caused by: the acts or omissions of a Store Provider, a resort, a mobile network operator or any other third party; any error in or omission from data supplied by a third party, where we have used reasonable care in selecting and presenting that data; or your failure to comply with these Terms, including clause 14.
18.6 Limit on our liability. Subject to clauses 18.1 and 18.4, our total liability to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of (a) the amounts paid by you for Paid Features in the 12 months preceding your claim and (b) £75.
18.7 Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any event outside our reasonable control, including the failure of public or private telecommunications networks, severe weather and the failure of a third-party service on which the App depends.
18.8 Your statutory rights. Nothing in these Terms affects your statutory rights as a consumer.
19. Suspension and termination
19.1 We reserve the right, on notice to you, to issue a warning, to remove User Content, or to suspend or terminate your Account and your right to use the App, if you materially or repeatedly fail to comply with these Terms. Where the failure is capable of being remedied, we will ordinarily give you a reasonable opportunity to remedy it first.
19.2 If we terminate your Account for breach of these Terms, the licence granted to you in clause 5 will cease. You will not be entitled to any refund in respect of a subscription period or Resort Pack then current, save where the law so requires, and you will remain responsible for cancelling any subscription with the Store Provider.
19.3 We may disclose information to law enforcement authorities where we are required by law to do so or where we reasonably consider it necessary.
19.4 You may stop using the App at any time by deleting your Account and removing the App from your device (see clause 6.6 as to subscriptions).
19.5 If we decide to cease providing the App altogether, we will give you as much notice as is reasonably practicable, and you will be entitled to a pro-rated refund in respect of the unexpired portion of any subscription period or Resort Pack for which you have paid.
20. Your personal information
20.1 We will only use your personal information as set out in our Privacy Policy, available at https://pistebuddy.online/privacy.
21. Communications from us
21.1 We may send you important notices by email or within the App from time to time. Such notices may relate to matters including changes to the App, to these Terms or to your Account.
21.2 We will not send you marketing communications without your express consent. If you do give your consent, you may withdraw it at any time.
21.3 You may manage or turn off push notifications at any time in the settings of your device, and you may turn off notifications of meet-up invitations in the App under Settings > System Notifications. Signing out of the App does not by itself stop notifications. A device on which you have signed out may continue to receive notifications for your Account until it is registered for notifications by another Account, or until your Account is deleted.
22. Complaints
22.1 If you have any cause for complaint about the App or about us, please email contact@pistebuddyapp.com. We will acknowledge your complaint and will aim to respond within 10 working days. A complaint about our use of your personal data is handled as described in our Privacy Policy.
22.2 A complaint about a payment, a renewal or a refund should be directed in the first instance to the Store Provider, which holds the payment.
23. Transfer of rights
23.1 We may assign our rights or transfer our obligations under these Terms to another organisation, for example if we sell our business. We will inform you in writing if this happens. It will not affect your rights or our obligations under these Terms.
23.2 You may assign your rights or transfer your obligations under these Terms to another person only if we agree in writing.
24. Changes to these Terms
24.1 We may update these Terms from time to time (a) to reflect changes in the App or in how we operate, (b) for legal, regulatory or security reasons, or (c) to prevent abuse or harm. The date on which these Terms were last updated appears at the top of this document.
24.2 If we make a material change to these Terms, we will give you reasonable advance notice within the App or by email, and the opportunity to review the change, and you may be asked to accept the updated Terms. If you do not agree to a change that affects Paid Features for which you have paid, you may end the contract in accordance with clause 10.6. If you have an auto-renewing subscription and do not agree to the updated Terms, you may also cancel before your next renewal date.
25. General
25.1 Third-party rights. These Terms are between you and us. Save as set out in clause 26.1(i), no other person shall have any right to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
25.2 Severance. If any provision of these Terms is found by any court or other authority of competent jurisdiction to be invalid or unenforceable, that shall not affect the other provisions of these Terms, which shall remain in full force and effect.
25.3 No waiver. If we fail to insist that you perform any of your obligations under these Terms, 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.
25.4 Entire agreement. These Terms, together with the documents referred to in them, constitute the entire agreement between you and us in relation to the App. This clause does not limit or exclude any liability for fraud or any of your statutory rights.
25.5 Language. If these Terms are translated into any other language and there is a discrepancy between the English text and the translation, the English text will prevail.
25.6 Compliance with local law. You must comply with all laws and regulations that apply to your use of the App in the country in which you use it.
26. Additional terms for App Store users
26.1 Apple App Store. If you downloaded the App from the Apple App Store, you and we acknowledge and agree that:
(a) these Terms are concluded between you and us only, and not with Apple, and we, and not Apple, are solely responsible for the App and its Content;
(b) the licence granted to you in clause 5 is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing (Pro and Resort Packs are not available through Family Sharing);
(c) we are solely responsible for providing any maintenance and support services in respect of the App, and Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App;
(d) we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in respect of the App;
(e) we, and not Apple, are responsible for addressing any claims by you or by any third party relating to the App or to your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;
(f) in the event of any third-party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights, we, and not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim;
(g) you represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties;
(h) any questions, complaints or claims in respect of the App should be directed to PisteBuddy Limited, 52a-52d Fortess Road, London, England, NW5 2HG, contact@pistebuddyapp.com; and
(i) Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
26.2 Google Play. If you downloaded the App from Google Play, your use of the Google services through which you buy, subscribe to and cancel apps and in-app content is governed by Google's own terms. Google is not a party to these Terms and has no responsibility for the App or its Content.
27. Law and jurisdiction
27.1 These Terms, and the relationship between you and us (whether contractual or otherwise), are governed by, and shall be construed in accordance with, the law of England and Wales.
27.2 If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in clause 27.1 takes away or reduces your rights as a consumer to rely on those provisions.
27.3 Any dispute or claim arising out of or in connection with these Terms may be brought in the courts of England and Wales or, if you are resident in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively. If you are resident outside the United Kingdom, you may also be entitled to bring a claim in the courts of the country in which you are resident.