TERMS OF SERVICE

Biosphere GPS Inc. offers an application for mobile devices that allows you to keep track of the amount of time you spend in nature and encourages you to achieve outdoor challenges. These Terms of Service (Terms) apply to: the relationship between Biosphere GPS and its users (Users); being any use of the mobile application (App), www.biospheregps.com (the Website), and any other service offered by Biosphere GPS. Biosphere GPS offers the App, including all information, tools and services available from the App, under the condition that the User accepts these Terms of Service.

1. SERVICE

1.1 The App is an application that enables Users to keep track of the relative time they spend in various environments and share them with their followers on Biosphere GPS and other platforms. Biosphere GPS tracks and converts (the statistics of) these activities into a personal summary of the amount of time they spend in nature (Time in Nature) over the course of the week, month and year. Users are able to customize their goal for how much time they aim to achieve via the Time in Nature feature. The service also encourages Users to achieve outdoor challenges by adding photos that meet proximity-based environmental conditions.

1.2 The User’s personal Time in Nature data is made available by prompting the User to select  “Always Allow”, thus allowing the App to access the devices GPS location in the background. This provides the User with a complete record of the time they spend in nature (Time in Nature).  Biosphere GPS will generally only share this with the User, however the User will be able to share data other users in accordance with the Terms. User’s location data will additionally be used to improve the service for them.

2. REGISTRATION AND PERSONAL ACCOUNT

2.1 If you want to use the App, you need to register and create a personal account. To create a personal account, you can choose to use your Facebook- or Google account credentials through Facebook- or Google Connect, which will merge your Biosphere GPS and Facebook- or Google account. You can also sign up with your email address. If you sign up with your email address, we will also need your full name.

2.2 You agree to provide up-to-date, complete and accurate account information for all use of the App. You agree to promptly update your personal account, including your email address, so that we can contact you if needed.

2.3 If you create an account with your email address, you will be asked to provide a password to access your personal account. You are solely responsible for the privacy of this password.

2.4 Biosphere GPS is entitled to temporarily block or delete your personal account if we suspect abuse of that account or the App. We can also block or delete your account if you violate these Terms or other additional terms, conditions and policies referenced herein.

3. Biosphere GPS Subscriptions

3.1 Users can upgrade their personal account and use a premium service of Biosphere GPS Subscription. A subscription provides Users with extra facilities within the App and Website.

3.2 If you want to use the full Biosphere GPS feature set beyond the trial period Users need to pay for an annual (12 month) subscription that is tied to your personal account (Subscription). You can terminate the subscription at any time after which your Subscription will be cancelled at the end of the current billing cycle.

3.3 A Biosphere GPS Subscription will automatically be extended with a successive renewal of an indefinite duration. After renewal, you can terminate the subscription at any time (see 3.2).

3.4 Biosphere GPS Subscriptions bought via iTunes automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s account settings after purchase.

4. PAYMENT

4.1 Prices of Subscriptions are in Canadian Dollars, US Dollars, Euros, or British Pounds depending on the User’s country of residence and may change from time to time. The price displayed on the App and the Website at the time of subscription, along with any required taxes if applicable, will be honoured. The payment must be made in advance of a Subscription.

4.2 Biosphere GPS may cancel your Subscription if the issuer of your payment card refuses to authorize payment. After such cancellation, your personal account remains active. Refunds are not possible for a 12 month Subscription that you subscribed to for the first time, except in the event of withdrawal described in article 5. Refunds for 12 month Subscription renewals are only possible in the event of withdrawal described in article 5.

4.3 We take reasonable care to make our App and Website secure. You are obligated to inform us about inaccuracies in supplied or specified payment details immediately.

5. RIGHT OF WITHDRAWAL

5.1 You have the right to cancel the renewal Subscription within 7 days from the day you subscribed to a Subscription. To exercise the right to cancel you must inform Biosphere GPS with an equivocal statement in writing to biospheregps@gmail.com. When you notify us via email, we will send you a confirmation of your notification without undue delay.

5.2 We will give you a full refund within 7 days after we received the notification.

6. THIRD PARTY SERVICES

Any connection between a Tracking App and your Biosphere GPS account is at your own risk. Biosphere GPS cannot be considered a party between you and the Tracking App. Any data received from a Tracking App is considered “as is” and is not validated or checked in any way to be accurate, in conformity with the truth or in line with personal settings within the Tracking App. You are solely responsible to comply with any terms and conditions that apply to the use of the Tracking App.

7. RULES OF CONDUCT

7.1 Users can choose to add content to their Biosphere GPS account, such as photos, text or images. You agree that your contribution will not:

contain pornographic, discriminatory, offensive, threatening, obscene or otherwise objectionable or unlawful material;

be false or misleading;

contain commercial messages (i.e. it is not permitted to place advertisements);

contain any computer viruses or other malware that could in any way affect the operation of the App or any related website or service of Biosphere GPS;

violate any right of Biosphere GPS or a third party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) property right; or

be in any other manner unlawful against Biosphere GPS or any third party.

7.2 Users are solely responsible for the contributions they make and their accuracy. Biosphere GPS is not responsible nor liable for any contributions made by Users in any way. Biosphere GPS reserves the right to edit or remove content that in our sole discretion violates these Terms or is otherwise inadmissible.

8. PRIVACY STATEMENT

We at Biosphere GPS think privacy is important. When you register with and make use of our services, the App will collect certain personal data to allow proper use of the App and our services. In our Privacy Statement you can read which personal data we collect and for what purposes.

9. ACCURACY OF INFORMATION

Biosphere GPS makes every effort to keep the information given through the App accurate and up to date, but we cannot guarantee that that information is always fully accurate, complete or current. The information on the App is provided for general information purposes only. No rights can be derived from it. Any reliance on the provided information is at your own risk.

10. UPDATES

10.1 Biosphere GPS will continue to develop and update the App if necessary and when reasonably possible. Development may include modification of the functionality or features of the App, provided that such updates and modifications will not materially denigrate the functionality of the App.

10.2 Biosphere GPS is in no case liable to you for such updates or modifications.

11. DISCLAIMER

11.1 Biosphere GPS does not guarantee, represent or warrant that your use of the App will be uninterrupted, timely, secure or error-free.

11.2. In order to calculate the Time in Nature statistics, Biosphere GPS has to modify and adjust your data. As a result of this required modification and adjustments, you accept that (the data in) the Time in Nature feature may not be completely accurate.

12. LIABILITY

12.1 Biosphere GPS is not liable to you for any damage you suffer as a result of the use of the App, including – but without limitation – any injury or damages resulting from behaviour of Users related to tracked activities, for example high speed cycling or taking pictures on dangerous spots.

12.2 Biosphere GPS is also not liable for the fulfilment of agreements with third parties of Tracking Apps or the inaccessibility of the Tracking Apps.

12.3 Biosphere GPS has no influence on the data transmitted by the Tracking Apps to the App. Biosphere GPS is not responsible for the transmission of information. Biosphere GPS is therefore also not responsible nor liable for any information that is incomplete or inaccurate as a result of such transmission or that is transmitted wrongly.

13. INDEMNIFICATION

Users will indemnify, defend, and hold harmless Biosphere GPS from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding: (i) any injury or damages resulting from behavior of Users related to tracked activities; and (ii) their breach of these Terms, agreements with third party Tracking Apps, or violation of any applicable law, regulation or order.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 Biosphere GPS is the holder of all intellectual property rights on information provided by the App, such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (Intellectual Property Rights). Biosphere GPS is also the holder of all Intellectual Property Rights on the data it produces.

14.2 Biosphere GPS gives you a personal, non-exclusive and non-transferable licence to use the Website and the App and to share the data you generate through the App. The User is not allowed to sell, sub-license, distribute or access in any other way (i.e. via screen-scraping or url-guessing) the content of the Website and the App.

14.3 The User is not allowed to reverse engineer, decompile or otherwise attempt to derive the source code, techniques, processes, algorithms or other know-how from Biosphere GPS.

14.4 The App, Website, and all other content is solely intended for your personal, non-commercial use. Any other use of the App requires the prior written permission of Biosphere GPS.

14.5 Biosphere GPS is entitled to use the (personal) data received via the App for commercial purposes, in accordance with our Privacy Statement.

14.6 In the event of a breach of this article, Users will be liable to Biosphere GPS for an immediately payable amount of $400 (CAD) per breach and $150 (CAD),- for each day on which the breach continues, without prejudice to Biosphere GPS’s right to opt for damages instead of this amount.

15. ASSIGNMENT

Biosphere GPS may freely assign their rights and obligations under these Terms in the event of a merger, acquisition or sale of assets, by law or otherwise.

16. MISCELLANEOUS

16.1 Biosphere GPS reserves the right to alter these Terms. When we change these Terms in a significant way, we will post a notification on our Website along with the updated Terms. We will also notify you via our App, and request you to accept the updated Terms before you can continue your use of our App. By continuing to use the App, Website and/or our services you acknowledge the most recent version of these Terms.

16.2 If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.

17. SEVERABILITY

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

18. APPLICABLE LAW AND JURISDICTION

18.1 These Terms shall be governed by and construed in accordance with the laws of Canada.

18.2 All disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Ottawa, Canada unless the dispute can be settled in an amicable fashion.

19. COMPLAINTS, COMMENTS AND SUGGESTIONS

Biosphere GPS strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us at biospheregps@gmail.com.

Biosphere GPS Inc.

E: biospheregps@gmail.com

www.biospheregps.com

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