Terms of Use

Terms of Use
Welcome to the Trailze Application (the "Application"), by Trailze Ltd. ("Trailze" or "us"). 

The Application constitutes an online platform which enables users to navigate various trails in a specific geographical location (the "Trails and Sites"), to rate the Trails and Sites, map them, update and contribute information regarding their terrain conditions, and communicate with other users through the Application in real time (the "Services"). Use of the Application and the Service is subject to the Terms of Use and Privacy Policy detailed hereunder (the "Terms"). 

These Terms of Use govern the relationship between Trailze and any on its behalf, and any person making use of the Application (the "User", or "you"). By using and/or downloading the Application, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you are under 18 years old, please read these Terms with your parents or other guardian. If you do not agree to be bound by these Terms, you should remove the Application from your device and discontinue use of the Services. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.

Use of the Application

● The Application is location based. Accordingly, certain functions of the Services use specific information regarding the User's location and trajectory, inter alia, by using satellite signals and other information sent by the mobile device the Application is installed on. It is not possible to provide these functions of the Services without using such technology. 

● In order to improve the accuracy of the mapping and navigation data provided by the Application, Trailze uses your geographical location when the Application is activated. Additional ways to assist mapping and navigation are by uploading pictures and other information generated by your mobile device from the Trails and Sites, subject to the Terms, as a user of the Application you will be able to see which other users are in the trail, if they chose to publicize this information, you may also choose whether your location will be visible or hidden to the rest of the users. Additional information regarding information collected about you through the Application and use made of such information is available on our Privacy Policy detailed below. 

● Currently the Application is available and intended for use in the following territories: Israel ("Permitted Territories"). Please note that while the Application may be technically available for installation in other territories, any use of the Application is permitted only in the Permitted Territories. If you are traveling in a territory other than the Permitted Territories, you must cease and refrain from any and all use of the Application and Services. Trailze shall not be liable to any damage or loss whatsoever arising out violation of this Section. We may change the list of Permitted Territories from time to time, so visit this page regularly for updates. 

Creating a Profile and Ratings

● In order to register to the Application, you will be requested to provide information such as: name, telephone No., and e-mail address. In addition, you may register to the Application through your Facebook account. During registration to the Application you will be required to choose a user name and password. A notification approving your account will be sent to you via e-mail or SMS. 

● You must keep your user name and password in confidence, and avoid sharing them with others. It is hereby clarified that it is prohibited to use the account details of a different user in an attempt to impersonate him/her. 

● Any User sharing information regarding the Trails and Sites shall receive a rating, according to the relevance and interest of the information shared, and the distance logged by the Application, via a rating system which will be presented in the User's profile on the Application. Bonus rating may be awarded to a User by other users of the Application or by Trailze, and is intended to indicate a notable contribution to the community of users. 

Restricted Uses


The Application and communicating through it are intended to serve the users during travel on the Trails and Sites, and to create a safe, engaged community of travelers. In light of the above, you undertake as follows: 
⚬ Not to use the Application for distribution of offensive or inappropriate content (including inappropriate images).
⚬ Not to use the Application to invade the privacy of another user.
⚬ שלא לעשות שימוש באפליקציה על מנת לפגוע בפרטיות משתמש אחר.

In addition to the above, you hereby undertake to use the Application in a fair and reasonable manner, and not to make any use which might interfere with the Application, including:
⚬ Sending any type of code or virus intended to disrupt, interfere, sabotage or restrict use of the Application and/or any computers, servers, hardware and software used by Trailze for the provision of the Application and the Services.
⚬ Activating any computer application or other means for searching, scanning, copying or automatically retrieving content from the Application. You may not create or use such means in order to create a compilation, collection or database which will include content from the Application.
⚬ Collecting or storing information regarding users of the Application for commercial or illegal purposes, or for distributing or sending any "junk mail", "spam" to users of the Application or through the Application.
⚬ Infringing in any way any rights of third parties, including copyrights, trademarks, or any other proprietary right via the Application.

Any action in breach to this Section 3 shall constitute a material breach of the Terms and may lead to blocking, temporarily or permanently, of the User's account and alerting the relevant authorities. 

You are requested to alert Trailze of any misuse of the Application by other users.

Intellectual Property

● Trailze is the owner or authorized licensee of all intellectual property rights, including copyright, in the Application, including its content, graphic design, structure, substantial and designed components, text, files and applications. The Service and content included in the Application do not grant any license or rights whatsoever in Trailze's intellectual property.

●It is hereby clarified that you have no right to modify, edit, copy, reproduce, publish, make available to the public, sell, rent, distribute, broadcast, transmit, create derivative works of, reverse engineer, alter, convey to a third party, enhance or in any way exploit any part of the Application, the content included in the Application and the Service.

● In the event a User uploaded any content to the Application, including as a result of using the Application, including, without derogating from the Above, geographical information, data, images, text, pictures, responses and any other material and/or content ("User Content"), such user hereby grants Trailze any anyone on its behalf a world-wide, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, transferable and sub-licensable license, to use, store, transfer, display, distribute, publish, make available to the public, execute, perform, edit, modify and exploit the User Content in any manner, regarding any media, for the purpose of provision of the Application and/or the Service.

Limitation of Liability

● Use of the Application and the Services, and any other activity via the Application is the sole and exclusive responsibility of the User. The Application and Services are provided "AS IS", "AS AVAILABLE," and "WITH ALL FAULTS," and are used and/or relied upon only at user’s sole risk, to the fullest extent permissible by law. 

● Installation and use of the Application may affect the performance of the mobile device upon which the Application is installed, including, overuse of battery, causing the mobile device to shut down and damages to the data stored of the device. Trailze makes considerable efforts to review and repair any malfunctions. It is hereby clarified that Trailze shall not be responsible to any such malfunctions and that you will have no claim against Trailze in connection with any such malfunctions.

● The Application's location data is based and relies upon Google Maps, OSM and others. Trailze is not responsible to the content of any such maps and Trailze does not possess the capability to verify the maps against the current situation on ground. The language of the map is set in accordance with the device's settings, and Trailze does not control this. Arriving at the location of the Trails and Sites is the User's sole responsibility, to be made in the User's sole discretion and judgement. 

● The Application does not support all types of devices and it is the User's responsibility to check the feasibility of using his/her device with the Application. The Services are contingent upon availability and continuity of wireless internet connection of the mobile device. Lack of connectivity or disruptions to connectivity may prevent use of the Services. The User shall bear all charges made by a cellular communication provider associated with use of internet communication for the Application, including in the event of exceeding the User's cellular package. 

● Trailze shall not be responsible for any damage which may be caused due to a malfunction or defect of the software underlining the Application or access to the Application or due to cancellation or termination of the Services. Trailze shall not be responsible or liable to any errors or inaccuracies in the information and/or content displayed on the Application, a substantial portion of which may be Users' Content.

Limitation of Liability with regards to the Trails and Sites

●The Application is intended to be a community platform for the transfer of information and notifications about the Trails, Sites and their surroundings. Each User must exercise judgment prior to arriving to the Trails and Sites and during his/her stay on location. 

●Use of the Application does not substitute information available on location, such as signs displayed on a Trail or a Site, guidelines of nature and parks authorities, and information presented on the media. 

●For the avoidance of doubt, Trailze shall not be liable towards you or any third party for any damage, loss, injury or harm caused by any action taken by you as a result of content presented on the Application or services, including arriving or avoiding arriving at a Trail or Site, navigating on a trail, etc. 

●Use of the Application is dependent upon cellular reception of your mobile device, therefore, the Application may not work or may work partially in certain areas where reception is low. In addition, use of the Application may reduce battery power of the mobile device, the User must verify prior to going on the Trail or Site that the mobile device has sufficient battery power. Trailze shall not be liable to any situation in which the Application and/or the mobile device are shut down due to lack of battery.

●The User acknowledges that he/she is aware that some of the information available on the Application is generated and uploaded by other Users, and may be inaccurate, outdated, incompatible with weather conditions or with information provided by the relevant Authorities (for example, the terrain of the Trails and Sites). Trailze does not warrant that the information shall be accurate or correct at any given moment. 

●Without derogating from the above, User acknowledges that he/she is aware that there are Trails and Sites which are dangerous or to which entry is prohibited, including, inter alia, firing zones, minefields, cliffs, etc. You acknowledge that you are aware that visiting such locations is prohibited and the Application is not intended for use in any prohibited Trails and Sites. Visiting prohibited areas shall be at User's sole risk and responsibility. Note that the Application will not necessarily inform you of being in a prohibited area and it is your sole responsibility to check this out prior to entering an area.

●Trailze and its affiliates, and their respective shareholders, directors, officers, employees, servants or agents shall not be liable for any indirect, special, incidental, consequential or exemplary damage (even if such damage could have been reasonably foreseen) arising from your use of the application or services. Trailze shall not be liable to any damage caused to a user from traveling in a trail or visiting a site which is insecure or unsafe or any other damage, or bodily injury or emotional harm of a user or a third party, even in case of a malfunction in the services during traveling in a trail or visiting a site.

Privacy Policy

Your privacy is important to us. By using the Application you agree to the following policy regarding collection and use of information (the "Privacy Policy").

● Information We collect In order to use the Application you are required during registration to the Application to provide certain information which identifies you personally, such as: your name, address, telephone No., e-mail address, etc. This is information you provide knowingly. Note that if some of this information is not provided you will not be able to register or use the Services offered by the Application. If you choose to register to the Application through your Facebook account, you hereby provide us with authorization to collect the information available on the account. 

In addition, during use of the Application information is collected about you which is linked to your mobile device, such as the way you use the Application and your geographical location. This information is collected by us as aggregate statistical information, which may be linked to your profile on the Application and shared with other users (if you did not modify the default settings of the Application).

● Information you may share with others 

The Application is a social application intended to serve and create a community of travelers. For this purpose, every User is identified on the Application with his/her full details, as provided by the User during registration to the Application, including name and picture.

Note that some of your contact information will be visible to all other users of the Application, unless you have elected not to approve this by modifying the default setting of the Application.

In addition, in order to allow you to send and receive notifications regarding Trails and Sites you are visiting at any given moment, during use of the Application information is collected regarding your real-time location, and your location is specified on the Application's maps. If you updated information regarding a Trail or Site you are visiting, your location may be visible to other users. Your name may also appear on the Trail page.

You must exercise judgment with regards to what information you share with others via the Application. Trailze shall not be responsible to any use by a third party of information you provided through the Application.

●Use of information Information collected via the Application shall only be used in accordance with this Privacy Policy and any applicable law, inter alia, for the following purposes:
●to allow you to make use of the Application;
●operation, modification, development, enhancement and enrichment of the Services offered by Application;
●detection and prevention of viruses, prohibited uses of the Application, fraud or other infringement of the Terms or any law;
● any other purpose specified in this Privacy Policy or the Terms.
● Sharing of information with third parties 

We may share non-personal, aggregate information regarding the Services usage with our affiliates, partners and advertisers.

In addition, personally identified information may be shared under limited circumstances, such as:
●to comply with legal requirement;
●in any case we are of the opinion that the sharing of information is necessary to prevent severe harm to your person or possessions or the person or possessions of a third party.
●in case you violate the Terms or perform or attempt to perform actions which are illegal or appear to be illegal.
●in case of any dispute, claim, demand, or legal proceeding between you and Trailze, which necessitate the sharing of the information. 

●Sending marketing materials We may send you information, promotions and offers regarding products and services in the field of navigation, traveling, leisure and tourism which you may find interesting. By accepting the Terms and this Privacy Policy you approve that you consent to receive commercial materials through the e-mail address and cellular telephone No. you provided us. In case you do not wish to receive such commercial materials, you may at any time opt out by responding to the message sent to you and remove yourself from the mailing list, or by notifying us at the following address.

● Access to Information

We take appropriate security measures to protect Users' information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information. 

Indemnification

You hereby undertake to indemnify Trailze, anyone on its behalf, and its affiliates, or their respective shareholders, directors, officers, employees, servants or agents, for any claim, demand, loss, damage, lost profit, payment or expense, including legal fees and expenses, due to a breach of these Terms or any applicable law by you.

Miscellaneous

●These Terms apply to the use of the Application, contents and/or Services, through any end device (such as cellular phone, tablets, PDA, etc). 
●Trailze may assign and/or transfer its rights under these Terms, or any part thereof.
●The Use of the Application and these Terms are subject to the Israeli law. The exclusive jurisdiction regarding any matter arising out of use of the Application and/or these Terms shall be with the competent courts of Tel-Aviv, Israel. 
●Trailze may update these Terms from time to time, in accordance with its discretion and without prior notice. We reserve the right to change or subtract from the Services offered by the Application, their scope, availability and any other aspect of the Services, without prior notice. Please visit this page regularly to review any updates.

For questions regarding these terms, please contact us at: info@trailze.com.

Recently updated on 24/11/2015