Terms of Service

1. Acceptance of Terms

By creating an account or using PeakDork (the "Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not create an account or use the Service.

2. Eligibility

You must be at least 13 years old to create an account. By creating an account, you confirm that you meet this minimum age requirement and that you have the legal capacity to enter into a binding agreement.

3. Your Account

You are responsible for keeping your sign-in credentials confidential and for all activity that occurs under your account. Notify us immediately if you become aware of any unauthorised use.

You may sign in using email and password. We may add additional sign-in methods (such as Sign in with Apple) over time. Loss of access to your sign-in method may not be recoverable — please keep your password somewhere safe.

4. Your Content

You retain ownership of the content you submit to PeakDork — including check-ins, trip reports, photos, comments, and route data. By submitting content, you grant PeakDork a worldwide, non-exclusive, royalty-free licence to host, display, and distribute that content within the Service for the purposes of operating and improving it.

You are solely responsible for the content you post. Do not post content that infringes the rights of others, that is unlawful, or that violates the standards described in Section 5.

Photo uploads. When you upload a photograph, you warrant that you are the photographer or that you have explicit permission from the photographer to share it on PeakDork. The upload flow in the app asks you to confirm this each time, and the timestamp of your confirmation is recorded with the photograph. Photographs uploaded without proper rights may be removed without notice, and repeated infringement may result in suspension or termination of your account in addition to any remedies available under applicable copyright law.

5. Acceptable Use

You agree not to:

• Post content that is unlawful, threatening, harassing, defamatory, hateful, or that infringes any third-party rights.
• Submit false or misleading information about peaks, routes, conditions, or hazards in a way that could endanger other users.
• Use the Service to impersonate any person or entity.
• Attempt to access another user's account, gain unauthorised access to the Service, or interfere with its operation.
• Use automated tools to scrape, copy, or extract data beyond what is permitted by the Service's public interfaces.

Zero tolerance for objectionable content and abuse. PeakDork has zero tolerance for objectionable content — offensive, abusive, harassing, threatening, sexually explicit, hateful, or otherwise inappropriate material — and for abusive or harassing behaviour toward other users. Accounts that post such content or engage in such behaviour may be suspended or terminated.

Reporting and blocking. Every photo, trip report, and check-in in the app can be reported from its menu, and you can block any user so that you no longer see their content. We review reports of objectionable content and abusive users and will act on them — including removing the content and suspending or ejecting the responsible user — within 24 hours of receiving a report. Submitting deliberately false reports may itself result in action on your account.

6. Content and Accuracy

PeakDork aggregates information from multiple sources: official public datasets (such as the United States Geological Survey's Geographic Names Information System), curated material we publish ourselves, and content contributed or uploaded by other users. We make a good-faith effort to keep this information useful, but we do not warrant its accuracy, completeness, currency, or fitness for any particular purpose.

You specifically acknowledge that:

• Peak data — including names, elevations, coordinates, regional attributions, county references, and feature classifications — is sourced from third-party datasets and may contain errors, omissions, outdated entries, or duplicate records.
• Descriptive text, route notes, conditions reports, hazard descriptions, and similar content may be authored by us, generated automatically from external sources, or contributed by users. None of it constitutes professional, navigational, or safety advice.
• Photographs displayed in the Service are supplied by contributors and shown as-is. We do not independently verify the location, date, conditions, authenticity, or rights associated with any image.
• User-generated content — trip reports, posts, comments, suggestions, votes, and similar — represents the views and observations of individual users at a particular moment. It does not represent the views of PeakDork, has not been independently verified, and should not be relied upon without your own assessment.

PeakDork is not responsible for any decision, action, or omission you make based on content displayed in the Service, whether that content was provided by us, by third-party data sources, or by other users. You should independently verify anything that matters before relying on it — particularly for safety-relevant decisions, which are addressed further in Section 7.

7. Safety Disclaimer

PeakDork provides information about peaks, routes, conditions, and hazards. This information is contributed by users and external sources, and may be incomplete, out of date, or inaccurate. Mountain travel is inherently dangerous and conditions change rapidly. You are solely responsible for assessing risks and making safe decisions in the field. PeakDork is not a substitute for proper training, fitness, equipment, and judgment.

The SafetyBeacon feature is provided as a convenience and is not a substitute for a licensed personal locator beacon (PLB), satellite messenger, or professional emergency response service. Cellular and internet connectivity may not be available in remote areas.

8. Privacy

Our handling of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Termination

You may delete your account at any time from within the app. Account deletion enters a 30-day cooling-off period during which you may sign in and cancel the deletion. When the cooling-off period ends, your photos, check-ins, likes, follows, planned climbs, saved peaks, gear, and other personal data are permanently removed. Your posts and comments are retained but the author is replaced with “[deleted user]” so that conversation threads and mentions remain coherent for other users.

We may suspend or terminate your account if you violate these Terms or if continued provision of the Service to you is impractical or unlawful. Where reasonable, we will provide notice and an opportunity to cure.

10. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless PeakDork, SwiftVisions LLC, and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) any content you submit, post, or transmit through the Service; (c) your violation of these Terms; (d) your violation of any rights of another person or entity; or (e) your violation of any applicable law.

11. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the maximum extent permitted by law, PeakDork disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, in no event will PeakDork, SwiftVisions LLC, or their officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, loss of data, loss of goodwill, business interruption, personal injury, or any other intangible loss — arising out of or related to your use of (or inability to use) the Service, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, PeakDork's aggregate liability arising out of or relating to these Terms or the Service is limited to the amount you paid PeakDork in the twelve months preceding the claim, or one hundred US dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. DMCA / Copyright Infringement

PeakDork respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content posted on the Service infringes your copyright, please send a written notice to our designated agent that includes:

• A physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that you claim is infringing and where it is located on the Service (e.g. a direct link or screenshot);
• Your contact information (address, telephone number, email);
• A statement, made under penalty of perjury, that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• A statement that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.

Send DMCA notices to our designated agent through our contact form, selecting "Copyright / DMCA notice" as the reason. Our service provider is SwiftVisions LLC (operating PeakDork). The full agent contact information, including the mailing address required for formal notices, is on file with the U.S. Copyright Office and can be looked up at the DMCA Designated Agent Directory by searching for "SwiftVisions LLC" or "PeakDork". We will respond promptly and may remove or disable access to material that is the subject of a valid notice. Repeat infringers will have their accounts terminated.

If you believe content was removed or disabled in error, you may submit a counter-notification through the same form with the elements required by 17 U.S.C. § 512(g).

13. Apple App Store

If you obtained the Service through the Apple App Store, the following additional terms apply:

• Acknowledgement. These Terms are between you and PeakDork only, not with Apple. PeakDork (not Apple) is solely responsible for the Service and its content.
• Scope of license. The licence granted to you for the Service is a limited, non-transferable licence to use the Service on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. PeakDork is solely responsible for providing any maintenance and support for the Service. Apple has no obligation to furnish maintenance or support.
• Warranty. PeakDork is solely responsible for any product warranties, whether express or implied, that are not effectively disclaimed. If the Service fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (if any) and otherwise has no warranty obligation.
• Product claims. PeakDork (not Apple) is responsible for addressing any claims relating to the Service or your possession or use of it, including product-liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• Intellectual property. If a third party claims that the Service infringes their intellectual property rights, PeakDork (not Apple) is solely responsible for the investigation, defence, settlement, and discharge of such claim.
• Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

14. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved through informal discussion will be brought exclusively in the state or federal courts located in Los Angeles County, California. You consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

Informal resolution first. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us through our contact form (reason: Legal) with a written description of the issue. We will work in good faith to resolve the matter within 60 days.

Class action waiver. To the extent permitted by law, you and PeakDork agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative action.

If any provision of this Section is found unenforceable, the parties agree to negotiate a replacement provision that comes as close as possible to expressing the intent of the original provision, with the rest of these Terms remaining in effect.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the app and will require your renewed acceptance before continued use. The version number above identifies which version of the Terms you accepted. Continued use of the Service after the effective date of any update constitutes acceptance of the updated Terms.

16. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented to you in the app for specific features, constitute the entire agreement between you and PeakDork regarding the Service, and supersede any prior agreements.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Waivers must be in writing and signed by us to be effective.
• Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms to any successor in interest of our business or assets without notice.
• Notice. We may give you notice through in-app messages, email to the address on your account, or by posting to the website. You may give us notice through our contact form (reason: Legal).
• Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labour disputes, governmental action, internet or utility outages, or third-party service-provider failures.
• Export. You agree to comply with all U.S. and applicable foreign export-control laws and regulations in your use of the Service.
• Survival. Sections that by their nature should survive termination — including ownership, content licences, indemnification, disclaimers, limitation of liability, dispute resolution, and miscellaneous — will survive termination of these Terms.

17. Contact

Questions about these Terms can be sent through our contact form with the reason set to "Legal". This is the official channel for all legal correspondence.