Terms of Service

Effective Date & Last updated: October 24, 2025

1. Introduction

These Terms and Conditions ("Terms") govern the use of all content, products, and services offered by EXOTRAILS COMPANY LIMITED ("ExoTrails", "we", "our", or "us") on www.exotrails.com, through our mobile applications (each an "App" and collectively, the "Apps"), or via any other delivery method we provide (collectively, the "Products" or "Services").

By accessing, downloading, or using any of our Products, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

Certain features or Products may be subject to additional terms ("Supplemental Terms"). Where a conflict exists, the Supplemental Terms will prevail for that specific Product or feature. All applicable Supplemental Terms are hereby incorporated into these Terms by reference.

1.1 Definition of Products

Our Products include, but are not limited to:

The term "Device" refers to any hardware used to access our Services, including smartphones, tablets, computers.

1.2 Assumption of Risk

Important: Outdoor activities, navigation, and GPS-based tracking inherently involve risks such as injury, death, equipment damage, or environmental hazards.

By using our Products, you acknowledge that:

To the fullest extent permitted by law, ExoTrails disclaims all liability arising from the use, interpretation, or reliance on the information provided in the Products.

1.3 Accuracy and Misuse Disclaimer

1.4 Contact Information

For all correspondence, including questions about these Terms or your use of the Products, please contact:

Email: support@exotrails.com

1.5 Privacy Policy

By using our Products, you consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy, which forms an integral part of these Terms.

2. Eligibility; Minors

The Service is intended for individuals 18 years or older. By using the Service, you represent that you are at least 18 and have authority to enter into the Agreements. If you are under 18, you may not use the Service.

3. Account Registration & Security

You must provide accurate, current, and complete information when creating an account and keep it updated. You are responsible for (a) maintaining the confidentiality of your credentials, and (b) all activities under your account. Notify us immediately of any unauthorized use or security breach. We may refuse service, suspend, or terminate accounts at our discretion.

4. Communications & Consent

By using the Service, you may receive service-related emails, notifications, and security alerts. With your consent, we may send newsletters and marketing messages; you can opt out at any time. See our Privacy Policy for details.

5. Subscriptions, Trials, Billing & Cancellation

5.1 Payment Processing

Payments for paid features (the "Products") are handled by trusted third-party payment processors (each a "Payment Processor"). You agree to provide accurate and complete billing information and authorize ExoTrails to share this information with the Payment Processor for payment collection. All card, wallet, or banking details are sent directly to and stored by the Payment Processor under its own security protocols.

ExoTrails does not store full payment details and is not responsible for their security once processed. Payment may be made via RevenueCat, an authorized third-party payment and subscription management service provider. Additional terms may apply from your Payment Processor or App Stores (Apple App Store or Google Play).

5.2 Subscription Tiers

We offer several subscription tiers that grant different feature access levels, including:

Each tier defines its own limits on devices, feature access, and member management.

Subscriptions are account-based, meaning one account can access premium features across up to three (3) devices, limited to one active premium feature at a time.

5.3 Purchasing & Refunds

Subscriptions may be purchased under Vietnam's E-commerce Decree 52/2013/NĐ-CP and Circular 47/2014/TT-BCT via App Stores (Apple App Store or Google Play) governed by their own terms and refund policies.

Refund Policy:

5.3.1 Platform-Specific Purchases

If you subscribed or made a purchase on one platform, you must manage or cancel it through the same platform using the same account and device type. ExoTrails cannot cancel, refund, or modify subscriptions initiated through another platform. For example, subscriptions purchased via iOS cannot be cancelled from Android, and vice versa.

For all purchases, ensure that your billing information and Payment Method remain current.

5.4 Free Trial, Upgrade & Downgrade

Free Trial (1 Month):

ExoTrails offers a 1 month free trial to new users so they can experience premium features before billing your subscribing.

During your active subscription, you may upgrade to a higher-tier membership plan, including:

Upgrade Terms:

Downgrade: Takes effect from the next billing cycle; your current plan continues until that date.

5.5 Billing, Renewal & Notifications

Subscriptions are billed in advance for the selected term (Explorer Single and Explorer Group) and auto-renew unless canceled.

5.6 Pricing & Tax Changes

6. User Content; License You Grant

The Service may allow you to post or upload content, including activities, GPS routes, photos, metrics, comments, profile info, and feedback ("User Content").

Your rights: You retain ownership of your User Content.

License to us: To operate and improve the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, use, reproduce, modify, adapt, publish, translate, distribute, display, and perform your User Content solely for providing the Service (e.g., rendering maps/segments/leaderboards, processing analytics, sharing per your visibility settings) and to comply with law.

Permissions & publicity: If you set visibility to "Everyone," you understand your content may be publicly accessible. You can change visibility in your privacy settings; changes apply prospectively.

Your responsibilities: You represent and warrant you have all rights necessary to post User Content and that it does not infringe or violate any rights or laws.

You are responsible for the accuracy, lawfulness and safety of any GPX/track logs you upload or download. Before using a track, you must verify access permissions, closures, terrain, and weather. You may not upload tracks that infringe third-party rights or disclose others' personal data without consent. If you re-share exported tracks, you must include any required attributions and comply with applicable licenses.

We may review, remove, or restrict User Content that violates the Agreements or applicable law.

7. Interactions with Other Users

We don't control user interactions and don't verify identities, qualifications, or backgrounds of users. Use common sense and good judgment. If you use features to invite contacts, you confirm you're authorized to provide their details.

8. Acceptable Use & Community Standards

You agree not to:

  1. Violate any law or third-party right (including privacy, IP, and publicity rights)
  2. Post or share unlawful, misleading, defamatory, obscene, hateful, or harmful content
  3. Harass, stalk, dox, or endanger others
  4. Upload malware or circumvent security
  5. Scrape, crawl, or use bots without our written consent
  6. Reverse engineer, decompile, or attempt to extract source code
  7. Manipulate leaderboards, segments, or metrics (including via spoofing/fake GPS/devices)
  8. Use the Service while operating a vehicle or where prohibited
  9. Use the Service to create a competing dataset or service without permission

We may remove manipulated data, suspend related accounts, and revoke any associated benefits. Access may be suspended or terminated immediately upon detection of fraudulent, abusive, or unfair activity.

9. Safety, Health & Route Disclaimers

To the fullest extent permitted under Vietnamese Civil Code Article 585 and relevant regulations, you agree that ExoTrails and its affiliates are not liable for injuries, losses, or damages arising from your participation in outdoor activities or reliance on route data. You are solely responsible for assessing your fitness, equipment, and environmental conditions before undertaking any activity.

No Medical Advice: We do not provide medical or professional advice. Consult a qualified health professional before starting or modifying any fitness program, especially if you have a medical condition.

No Real-Time Emergency Service: The Service is not a safety device or emergency service and may not reflect real-time conditions.

Routes & Maps: Maps, elevation, and route suggestions may be inaccurate, incomplete, or unsafe. Exercise independent judgment and obey local laws and signage.

Operating a Vehicle: Do not interact with the Service while driving or where doing so creates a safety risk.

10. Third-Party Services & Integrations

The Service may integrate with third-party devices, apps, SDKs, maps, or platforms. Your use of third-party services is subject to their terms and privacy policies. We are not responsible for third-party content or services. We may enable, modify, limit, or discontinue integrations at any time.

When you interact with our official pages on third-party platforms, those platforms may process your data under their terms. We may receive aggregated analytics about page visits and engagement.

11. Intellectual Property; Our License to You

The Service (including software, UI, maps layers we create, and trademarks) is owned by us or our licensors and is protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use our apps and access the Service for your personal, non-commercial use. All rights not expressly granted are reserved.

12. Feedback

If you send ideas or suggestions ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and exploit the Feedback without restriction or attribution.

13. Copyright Infringement Claims

If you believe that content available through our Service infringes your copyright or related rights, please notify us at support@exotrails.com with:

  1. Your full name, address, and contact details
  2. Proof of ownership of the work
  3. A description of the protected work claimed to be infringed
  4. The location/URL of the allegedly infringing content on our Service
  5. A request for removal or disabling of access
  6. Your signature and date

We will review the request and, if appropriate under Vietnamese law, promptly remove or disable access to the material. We may require additional evidence to verify your claim.

14. Beta, Experimental & Free Features

We may offer beta or experimental features. They are provided "AS IS", may be modified or discontinued at any time, and may be subject to additional terms.

15. Analytics, Cookies & Ads

We use analytics to understand usage and improve performance. With your consent, we may use cookies/SDKs for personalization and ads. See our Privacy Policy for details and choices.

We use (i) essential cookies/SDKs to run the Service, (ii) analytics (with consent where required) to improve performance, and (iii) profiling/marketing (only with your opt-in consent). You can change or withdraw consent anytime in app/browser privacy settings.

16. Disclaimers

THE SERVICE, CONTENT, AND ANY OUTPUTS (INCLUDING MAPS, ROUTES, METRICS, AND ANALYTICS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) USD 100.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from or related to: (a) your use of the Service; (b) your User Content; (c) your violation of the Agreements or law; or (d) your infringement of any third-party rights.

19. Suspension & Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you violated the Agreements or law, or to protect the Service or users. You may delete your account at any time. Sections that by their nature should survive (e.g., licenses, disclaimers, limitations, indemnities) survive termination.

20. Changes to the Service

We may modify, suspend, or discontinue the Service (in whole or in part) at any time without liability.

21. Amendments to Terms

We may update these Terms by posting the revised version with the "Last updated" date above. Changes take effect upon posting unless stated otherwise. Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree, stop using the Service.

22. Governing Law; Venue; Dispute Resolution

These Terms are governed by the laws of Vietnam, without regard to conflict-of-laws principles. You and the Company agree to submit to the exclusive jurisdiction of the courts of Ho Chi Minh City, Vietnam (unless mandatory law specifies otherwise). Where permitted, you and the Company waive any right to a jury trial.

23. App Stores (Apple App Store or Google Play)

If you download our app from App Stores (Apple App Store or Google Play), you also agree to their standard terms. Apple/Google are not responsible for providing maintenance or support for the app, nor for any claims related to it.

24. Waiver & Severability

No waiver of any term is a continuing waiver of that term or any other term. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

25. Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede prior or contemporaneous agreements.