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Terms of Service

Version 1 Effective

These Terms do not replace any activity waiver or release you are asked to sign for a specific hike or event. Those documents are separate and still apply.

Agreement

These Terms of Service ("Terms") are an agreement between you and Crestpoint Enterprises, LLC, doing business as Xplorfy ("Xplorfy", "we", "us"), and govern your use of app.xplorfy.com and related services (the "Service"). By creating an account or using the Service you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

What Xplorfy is

Xplorfy is software that helps organizations such as churches and ministries plan and run group hikes: organizing hikes, registering participants, collecting the information leaders need to keep people safe, and communicating with members.

Xplorfy does not run hikes. Each hike is organized and led by the organization that sponsors it and by its leaders. We do not supervise hikes, check trail or weather conditions, train or vet leaders, or provide medical, safety or emergency services. Your decision to take part in a hike is your own, and you are responsible for judging whether it is suitable for you.

Eligibility and accounts

  • You must be at least 18 years old to create an account.
  • Give accurate information and keep it up to date, especially your medical and emergency-contact information, which leaders rely on.
  • Keep your password and sign-in methods secure. You are responsible for activity on your account. Tell us at support@xplorfy.com if you think your account has been used without your permission.
  • One person per account. Do not create an account for someone else without their permission.

Hikes and activity waivers

Hikes involve physical activity and outdoor risks, including injury, illness and, rarely, death. Before a hike you may be asked to accept an activity waiver or release from the organization or for that hike. These Terms do not replace any waiver you sign for a specific hike or event, and a waiver does not change these Terms.

Organizations and leaders

If you create or lead an organization on Xplorfy, you agree that:

  • you have authority to act for that organization;
  • you will use members' information, especially medical, emergency, faith and contact information, only to run your organization's hikes and activities safely, and keep it confidential;
  • exports you download are your responsibility to protect and delete when no longer needed;
  • messages you send through Xplorfy go only to people who expect them, follow the law (including rules on commercial email and text messages), and respect unsubscribe requests;
  • you will follow any sending limits we set.

Organizations are responsible for their own hikes, leaders, waivers and communications.

Your content

You keep ownership of what you post: profile details, photos, feedback, testimonies, messages and attachments ("Your Content"). You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, display and transmit Your Content only as needed to operate and improve the Service and as you direct (for example, showing a photo you made public to other members). This license ends when Your Content is deleted, except for copies we must keep for legal reasons or that exist in backups for a short period.

You confirm that you have the right to post Your Content, and that posting information about other people (for example, emergency or spiritual-support contacts) is done with their knowledge.

Acceptable use

Do not:

  • break the law or help others to do so;
  • harass, threaten, discriminate against or harm anyone;
  • post content that is unlawful, hateful, sexually explicit, or that infringes someone else's rights;
  • send spam or messages people have not agreed to receive;
  • access accounts, organizations or data you are not authorized to access, or try to get around security or access rules;
  • probe, scan or test the Service for vulnerabilities without our written permission (report security issues to security@xplorfy.com);
  • overload, disrupt or reverse-engineer the Service, or use automated tools to collect data from it;
  • use the Service to collect medical, faith or other personal information for purposes unrelated to the organization's hikes.

We may review, hide or remove content and suspend accounts that break these rules.

The help assistant

The in-app help assistant answers questions using our help articles and an outside AI provider. Its answers may be incomplete or wrong; it is not professional, medical, legal or safety advice. Check important information with your organization's leaders.

The Service links to other websites, including gear and meal products. Some links may be affiliate links, which means we may earn a commission if you buy through them, at no extra cost to you. We are not responsible for other websites or their products.

Fees

The Service is currently provided without charge to members. If we introduce fees for an organization or a feature, we will tell you the price and terms before you are charged.

Privacy

Our Privacy Policy explains how we handle personal information, including sensitive medical and religious information. It is part of these Terms.

Suspension and termination

You may stop using the Service at any time and ask us to delete your account at privacy@xplorfy.com. We may suspend or end your access, or an organization's access, if you or it breaks these Terms, creates risk for other users or us, or if we stop offering the Service. Sections that by their nature should continue (for example, Your Content license for backups, disclaimers, limitation of liability and governing law) survive termination.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION IN IT (INCLUDING INFORMATION ENTERED BY OTHER USERS OR ORGANIZATIONS) IS ACCURATE. WE ARE NOT RESPONSIBLE FOR HIKES, ORGANIZATIONS OR LEADERS, OR FOR WHAT HAPPENS DURING ANY ACTIVITY ARRANGED THROUGH THE SERVICE.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, XPLORFY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). SOME LAWS DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

Indemnity

You agree to defend and indemnify Xplorfy against claims arising from Your Content, your misuse of the Service, or your breach of these Terms. If you lead an organization, this includes claims arising from that organization's hikes, leaders and communications.

Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Butler County, Pennsylvania, and you and we consent to those courts.

Changes to these Terms

We may update these Terms. We will post the new version with a new version number and effective date. If a change is significant, we will ask you to accept it before you continue using the Service.

Contact

Crestpoint Enterprises, LLC, doing business as Xplorfy 1675 Route 228 #1056, Cranberry Township, PA 16066 support@xplorfy.com