Terms of Use

These Terms are a binding agreement between you and Northbay Labs, Inc. (“we”, “us”), governing your use of Trailmark (the “App”) and any related services. By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App.

You must be at least 13 years old, or the age of digital consent where you live, whichever is higher.

This agreement is concluded between you and Northbay Labs, Inc. only, and not with Apple Inc. We, not Apple, are solely responsible for the App and its content. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.

We grant you a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, and by any additional rules in these Terms.

The licence is personal and limited. Ownership of the App does not transfer to you; see our Copyright & Legal Notices for what that covers and what it does not restrict.

• Give accurate information and keep it current.
• You are responsible for activity under your account and for keeping your credentials secure.
• Tell us promptly at support@example.com if you suspect unauthorised access.
• One person per account; do not share or transfer it.
• You can delete your account at any time from inside the App, or via Account & Data Deletion.

Paid features are sold as a monthly or annual auto-renewing subscription. All purchases are processed by Apple through your Apple Account — we never receive or handle your payment details.

• Payment is charged to your Apple Account at confirmation of purchase.
• Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period, at the price then disclosed to you.
• You can manage subscriptions and turn off auto-renew in iOS Settings → your name → Subscriptions.
• Any unused portion of a free trial is forfeited when you buy a subscription.

Cancel at any time through Apple; your access continues to the end of the paid period. Refunds are handled by Apple, not by us — request one at reportaproblem.apple.com. We cannot issue, promise or guarantee a refund of an App Store purchase, though we will help you with a request where we can.

Do not use the App to break the law, infringe anyone's rights, or interfere with the service. Specifically, do not:

• upload unlawful, harassing, hateful, deceptive or sexually explicit material;
• impersonate anyone, or misrepresent your affiliation;
• probe, scan, overload or attempt to gain unauthorised access to our systems;
• scrape or bulk-extract data, or use the App to train machine learning models;
• circumvent access controls, rate limits or usage restrictions;
• resell, sublicense or commercially redistribute the App or its content.

You keep every right you have in what you create. You grant us only the narrow licence needed to host, sync, back up and display it to you and to people you share it with, as described in our Copyright notice and Privacy Policy.

You are responsible for having the rights to what you upload. We may remove content that breaches these Terms or the law, and we operate the reporting and takedown processes described in Content & Safety.

We are solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services. Reach us through Support or at support@example.com.

To the maximum extent permitted by applicable law, the App is provided “as is” without warranty of any kind.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.

Nothing here limits statutory rights that cannot be excluded, including consumer guarantees under the law where you live.

We, not Apple, are responsible for addressing any claims relating to the App or your possession and use of it, including but not limited to: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of any framework such as HealthKit or HomeKit.

In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

You represent and warrant that:

• you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and
• you are not listed on any U.S. Government list of prohibited or restricted parties.

You must also comply with any applicable third-party terms when using the App.

You agree to comply with applicable third-party terms of agreement when using the App — for example, your wireless data service agreement. Components licensed from third parties are listed in our Acknowledgements.

Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of them Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

You may stop using the App and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if continuing would create risk for other users — with notice where we reasonably can. Sections 10 to 18 survive termination.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data. Our total liability for any claim relating to the App is limited to the greater of the amount you paid us in the 12 months before the claim arose, or USD 100.

Trailmark is not a substitute for professional advice, and you should not rely on it where the consequences of error are serious. Keep your own backups of anything important.

Some jurisdictions do not allow these exclusions; where that is so, they do not apply to you.

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules, and the courts of San Francisco County, California have exclusive jurisdiction. If you are a consumer, this does not deprive you of the protection of the mandatory laws of your country of residence, and you may bring proceedings in your local courts. EU consumers may also use the European Commission's online dispute resolution platform.

We may update these Terms. For material changes we will give notice in the App or by email before they take effect, and continuing to use the App afterwards means you accept the updated Terms. If you do not, stop using the App and delete your account.

Full company and registration details are on our Company Information page.