These terms and conditions apply to the OpenHikes app for mobile devices, together with any related services operated by Zsombor Rajki (collectively, the "Application"). Zsombor Rajki is hereby referred to as the "Service Provider".
By downloading or using the Application, you agree to these Terms and Conditions. You should read them carefully before using the Application.
The source code of the Application is published as open source software under the MIT License, and your use, reproduction, and distribution of that source code are governed by the terms of that license. Map data and map tiles displayed in the Application are not covered by it: OpenStreetMap data is © OpenStreetMap contributors and is published under the Open Database License, the Stadia Maps and Thunderforest styles are used under their own terms, and the Waymarked Trails hiking-route layer is published under the Creative Commons Attribution-ShareAlike 3.0 Germany license. The photographs from Wikimedia Commons shown along routes from OpenStreetMap, on the community map and in the trail maker belong to the people who took them and are used under the license each one names, which the Application shows beside it; saving such a route, or a trail drawn past them, keeps copies on your device under the same licenses, and they cannot be published from the Application. The descriptions from Wikipedia shown on the card of a place are Wikipedia’s, used under the Creative Commons Attribution-ShareAlike 4.0 license with a link to the article, and the photograph shown with them belongs to the person who took it and is used under the license the Application shows beside it; neither is kept on your device, and neither can be published from the Application.
The Service Provider retains all intellectual property rights in the Application that are not granted by the MIT License, including its trademarks, service marks, trade names, logos, and branding (the "IP"). Nothing in these Terms grants you any license or right to use the Service Provider’s trademarks, logos, or branding for any purpose. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in or on the Application.
By accessing and using this Application, you represent that you are legally permitted to use it in your jurisdiction. You must be at least 16 years of age (the age of digital consent in your jurisdiction) to use the Application. If you are below 16, a parent or legal guardian must review and accept these Terms on your behalf.
The Application has no account of its own and no login. Everything it does with your own hikes it does on your device, or through your own private iCloud storage, and none of that reaches the Service Provider.
One thing is different, and it is the subject of the section below: sharing a hike publishes it to a public database the Service Provider operates. Sending a hike requires you to be signed in to an Apple Account, because that is what the database accepts a submission from; browsing, opening and saving other people’s shared hikes do not. Apple records which Apple Account sent each submission, and the Service Provider can see that identifier — which is what makes it possible to review a submission, to remove one, and to refuse further submissions from an account that abuses the feature.
You may stop using the Application at any time by deleting it from your device, at which point your rights under these Terms end. Deleting the Application does not withdraw a hike you have already shared; see Removal below.
The Application lets you publish a hike — its route, its title and description, the places marked along it with their names and notes, up to thirty-six of its photographs, and a name you type — for other people using the Application to find, open and save. You keep whatever rights you have in what you share, and by sharing it you grant the Service Provider a non-exclusive, worldwide, royalty-free license to store, display and distribute it within the Application for as long as it stands.
You may only share content you have the right to share. Do not share a route, a photograph, a description, or the name or note of a place that is not yours to publish, that identifies a person who has not agreed to it, or that reveals a place you would not want made public — a trail that begins at your front door reveals where you live.
There is no tolerance for objectionable content or abusive behavior. Content that is offensive, hateful, obscene, defamatory, deceptive, dangerous or misleading, that infringes somebody else’s rights, or that is published without the permission of a person it identifies, is not permitted and will be removed.
Four things enforce that, and all four are in the Application:
A submission cannot be altered once it is sent — not by you, and not by anyone using a modified copy of the Application. That is what makes review mean anything, and it is why the Application offers no way to edit a hike you have shared — nor any way to send a second copy of one. To change a hike you have shared, ask for it to be removed and share the corrected walk once it has been taken down.
A reviewer may make two corrections before publishing, and no others. They may publish a hike under a corrected title; the title you sent is kept and is not changed. And they may leave out individual photographs — a photograph left out is deleted, and the rest of the hike is published as you sent it. The alternative to both was declining the whole submission, which deletes everything you sent. Your route, your description, your places and the name you typed are never edited by anybody.
Removal. To have a hike you shared taken down, open it in the Application and tap the community button on its screen. While the hike is waiting for review, that opens the removal request straight away; once it is published, choose Ask for Removal. The Application writes the message for you, with the details needed to find the hike, and opens it in your mail app for you to read and send. You can also email zsombor.rajki@gmail.com directly, with enough detail to identify the hike. Removing the hike from your own device does not withdraw a submission you have already sent — which is why deleting a shared hike offers Ask for Removal First. The Application is not told when a hike is taken down. The same menu offers Check Whether It’s Still Live, which asks once and, if the hike has gone, offers to reset it on your device so that a corrected walk can be shared in its place.
Adding photographs to a trail that is already there. Where a trail is already in the Application — because somebody published it, or because it is one of the signposted routes OpenStreetMap knows about — the Application offers to publish your photographs onto it rather than a second copy of the same route. What you send is the photographs, where and when each was taken, and a name you type; your route, your notes, your places and what you called the hike stay on your device. Everything above applies to them word for word: the same license to store and display them, the same review by a person before anybody sees them, the same reporting and blocking, and the same removal on request. Two things are specific to them. A reviewer may leave out individual photographs and can change nothing else, because there is nothing else. And reporting or blocking is about whoever added the photographs: a report asks for those photographs to be removed and leaves the trail, which is somebody else’s, exactly where it is.
Shared hikes are other people’s content. The Service Provider reviews submissions before they are published but does not walk the routes in them, and the warnings in Outdoor use and safety below apply to a hike you saved from somebody else at least as much as to any other map data in the Application.
The Application is free to use. An optional auto-renewing subscription, OpenHikes Pro, unlocks the Stadia Outdoors, Stamen Terrain and Thunderforest Outdoors map styles, saving a route’s map for offline use on Stadia Outdoors or Stamen Terrain, and elevation — the climb, the profile and the steepness colors — for trails you draw, routes found on OpenStreetMap and hikes imported without it. Thunderforest’s license does not permit downloading a route ahead of a walk, so that style keeps only the tiles you have already viewed. The community feature is free: browsing, opening and saving other people’s shared hikes, and publishing your own. Where an introductory free period is offered, it applies once per Apple Account.
Payment is charged to your Apple Account at confirmation of purchase. The subscription renews automatically unless it is canceled at least 24 hours before the end of the current period, and your Apple Account is charged for renewal within 24 hours before the end of that period. You can manage or cancel the subscription in your Apple Account settings at any time; deleting the Application does not cancel it. Prices are set per storefront and are shown in the Application before purchase.
Purchases are processed by Apple and not by the Service Provider. Refunds are handled by Apple under Apple’s terms, and the Service Provider cannot issue them. Use of the subscription is additionally governed by Apple’s Licensed Application End User License Agreement.
The Application is an aid, not a substitute for judgment, preparation, or proper navigation equipment. Map data, trail geometry, elevation figures, and weather information are supplied by third parties, may be incomplete, out of date, or wrong, and may be unavailable without a network connection. Recorded positions depend on your device’s GPS hardware and can be inaccurate.
Do not rely on the Application alone in the backcountry, in poor conditions, or anywhere an error could put you at risk. Carry an independent map and compass, and tell someone where you are going. You are responsible for your own safety and for assessing the conditions of any route you walk.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, the Service Provider reserves the right to modify the Application or charge for its services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
Data created by the Application is stored on your device and, where you leave iCloud sync enabled, in your own iCloud storage. The one exception is a hike you choose to share, which goes to a public database the Service Provider operates — see Sharing hikes with the community above. It is your responsibility to maintain the security of your mobile device and access to the Application.
The Service Provider strongly advises against jailbreaking or rooting your mobile device, which involves removing software restrictions and limitations imposed by the official operating system of your mobile device. Such actions could expose your mobile device to malware, viruses, malicious programs, compromise your mobile device’s security features, and may result in the Application not functioning correctly or at all.
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the Application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the Application, or other third-party charges. By using the Application, you accept responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the Application, the Service Provider assumes that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the Application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Application, the Service Provider cannot be held responsible.
Nothing in these Terms shall limit any rights you have under applicable consumer protection laws that cannot be lawfully excluded.
To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, even if advised of the possibility of such damages.
However, the Service Provider retains full liability for:
To the fullest extent permitted by law, the total liability of the Service Provider for any claim shall not exceed the amount paid by you to the Service Provider for the Application in the 12 months preceding the claim, or the minimum amount that must be paid under applicable law, whichever is greater. If the Application is provided free of charge, this means the Service Provider’s liability is limited to the minimum amount permitted by applicable law.
The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on third-party information provided through this Application, or for inaccuracies in content provided by third parties.
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider, its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or directly related to your breach of these Terms or your intentional misuse of the Application.
This indemnification does not apply to claims arising from the Service Provider’s own negligence, breach of these Terms, or violation of applicable law. In jurisdictions where consumer indemnification is restricted by law, this clause shall be limited to the maximum extent permitted.
The Service Provider may wish to update the Application at some point. The requirements for the operating systems the Application runs on (and for any additional systems the Service Provider decides to make it available on) may change, and you will need to download the updates if you want to continue using the Application. The Service Provider does not guarantee that it will always update the Application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. You should accept updates when offered; if you choose not to, the Service Provider may cease to support earlier versions and the Application may not function properly. The Service Provider may also wish to cease providing the Application and may terminate its use at any time without providing termination notice to you. Unless the Service Provider informs you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the Application, and (if necessary) delete it from your device.
These Terms and Conditions are governed by the laws of the jurisdiction in which the Service Provider is established, excluding conflict of law rules, except to the extent mandatory consumer protection laws provide otherwise.
Any dispute arising out of or relating to these Terms will be brought before the courts that have jurisdiction under applicable law. Nothing in this clause limits any rights you may have to bring a claim in a court that is competent under mandatory law.
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning your use of the Application, superseding any prior agreements or understandings.
The Service Provider may periodically update these Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.
Previous versions of these Terms and Conditions will be maintained and made available upon request by contacting the Service Provider at zsombor.rajki@gmail.com.
These terms and conditions are effective as of .
If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at zsombor.rajki@gmail.com.
This page was generated with the App Privacy Policy Generator and edited to describe this application’s actual behavior.