Terms and Conditions

1. About Upfell and these terms

• Upfell is an app made and run in the United Kingdom. It isn’t a registered company: in these Terms “Upfell”, “we” and “us” mean the people who build and run it, and you can reach us at support@upfell.app.
• These Terms and Conditions (“Terms”) govern your use of the Upfell mobile application and related services (the “App”).
• By creating an account, or by using the App, you confirm that you accept these Terms and agree to comply with them. If you do not agree, you must not use the App.
• These Terms should be read together with our Privacy Policy, which explains how we handle your personal data.
• We may update these Terms from time to time, as set out in section 16.

2. Eligibility and your account

• You must be at least 13 years old to create an account or use the App.
• If you are under 18, you may only use the App with the knowledge and consent of a parent or guardian, who is responsible for supervising your use.
• You must provide accurate information when you register, including a genuine date of birth, and keep it up to date.
• You are responsible for keeping your login details secure and for all activity under your account. Tell us straight away at support@upfell.app if you think someone else has accessed it.
• You may hold one account only, unless we agree otherwise.

3. Deleting your account

• You can delete your account and associated personal data at any time from within the App: open Settings and tap Delete Account.
• Deleting your account removes your personal data except where we are required by law to keep it, as explained in our Privacy Policy.
• We may suspend or close your account if you break these Terms, as set out in section 15.

4. Your licence to use the App

• We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial use, in line with these Terms.
• You must not copy, modify, reverse-engineer, resell or commercially exploit the App or any part of it, except as allowed by law.

5. Acceptable use and community standards

• Upfell includes social features, including a feed, friends, leaderboards, teams and direct messages. We want it to be a welcoming place for everyone on the fells.
• We operate a zero-tolerance approach to objectionable content and abusive behaviour. You must not post, share or send anything that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or hateful, or that infringes anyone’s rights, and you must not impersonate others or misuse the App.
• You must not use the App to encourage unsafe behaviour on the fells or to share content that puts others at risk.
• We provide tools to report and block content and other users. You can report any post, comment, message or profile from within the App.
• We review reported content and will remove content and suspend or remove users that breach these standards. We aim to act on reports within 24 hours.
• You can contact us about moderation or safety concerns at support@upfell.app.

6. Your content

• You keep ownership of the photos, captures, posts and other content you create (“Your Content”).
• By sharing Your Content in the App, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, display and share it for the purpose of operating and promoting the App, in line with your privacy settings.
• You are responsible for Your Content and confirm you have the right to share it.
• We may remove Your Content if we reasonably believe it breaches these Terms or the law.

7. Summit captures, altitude points and scoring

• The App lets you record fells by live capturing at the summit and by manually logging fells you have already climbed.
• Live captures use your device location to confirm you are within range of the summit. Manual logs count towards your total but do not earn altitude points or ascents.
• Altitude points, ascents, patches, leaderboards, challenges and similar features have no monetary value, cannot be exchanged for cash, and are provided for personal motivation and enjoyment only.
• We may correct, adjust or remove entries, points or rankings that we reasonably believe are inaccurate, fraudulent or obtained in breach of these Terms, and we may change how scoring works.

8. Safety

Your safety is your responsibility. Fell walking, hiking, running and mountaineering take place in an unpredictable outdoor environment and carry a real risk of serious injury or death. Please read this section carefully.

• The App is a planning and logging tool, not a navigation or safety device. Maps, route lines, directions, estimated times, weather information, parking information and difficulty indicators are provided for general reference only and may be incomplete, out of date or inaccurate.
• Routes are for reference only. The App does not provide turn-by-turn navigation and does not guarantee that any route is safe, passable or suitable in the conditions on the day. Always use a dedicated navigation app together with a physical map and compass, and know how to use them.
• Estimated walk times, including average round-trip times, are indicative only and based on typical conditions. Your actual time will vary with your fitness, the weather, ground conditions, daylight and the route you take. Do not rely on estimated times to plan a safe return before dark or in worsening weather.
• The directions feature opens a separate third-party maps application, such as Apple Maps or Google Maps, to guide you from your location to parking near a trailhead. Those directions, the driving route and the parking information are provided by third parties and on a reference basis only. Parking locations, availability and access can change and may be inaccurate. You are responsible for driving safely and lawfully and for parking responsibly and legally.
• Technology can and does fail. Phones lose signal, batteries die, and GPS can be inaccurate. Never rely on your phone alone to keep you safe or to get you off the hill.
• You are responsible for your own safety and for anyone in your care, including your fitness, clothing, equipment, food and water, and your decisions about whether to set out, continue or turn back. Check the weather and conditions before you go, and turn back when the weather or the ground tells you to.
• Never put yourself or anyone else in danger in order to capture a fell, reach a summit, earn points or complete a challenge. No feature of the App is worth your safety.
• Emergency feature: the App may show guidance on contacting the emergency services and Mountain Rescue and may display your location coordinates. This is provided to assist you only. Coordinates may be inaccurate and depend on your device and signal. The emergency feature is not a rescue or monitoring service and is not a substitute for calling 999 and asking for the Police and then Mountain Rescue. In an emergency, always call 999.

9. Accuracy of information

• We work to keep the information in the App useful, but we do not warrant that fell data, routes, times, weather, parking, difficulty ratings or other content are accurate, complete or current.
• Information about the countryside, access and conditions changes. You are responsible for checking current conditions and access before and during your walk.

10. Third-party services

• The App relies on and links to third-party services, including mapping and directions providers and, in future, local businesses offering rewards. Those services are governed by their own terms and privacy policies, and we are not responsible for them.
• Where the App later offers rewards from local businesses, the reward is provided by that business, not by us. We are not responsible for the availability, quality or honouring of any third-party reward, although we will try to help if something goes wrong.

11. Intellectual property

• The App, and all content we provide in it, including the Upfell name, logo, designs, patches and software, are owned by us or our licensors and are protected by intellectual property laws.
• Nothing in these Terms transfers any of those rights to you beyond the licence to use the App.

12. Disclaimers

• The App is provided on an “as is” and “as available” basis. To the extent permitted by law, we do not guarantee that the App will be uninterrupted, error-free, secure or available at any particular time.
• Nothing in this section affects the statutory rights you have as a consumer that cannot be excluded by law.

13. Our liability to you

• Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any other liability that cannot be excluded or limited under the law of England and Wales, including your non-excludable rights under the Consumer Rights Act 2015.
• Subject to the paragraph above, we are not liable to you for: (a) any loss or harm arising from your use of, or reliance on, maps, routes, estimated times, directions, weather, parking or other information in the App; (b) your decisions or conduct on the fells; (c) any failure or inaccuracy of your device, its location services or signal; (d) the acts, omissions, content or rewards of third parties; or (e) any indirect or consequential loss.
• The App does not replace proper preparation, training, equipment, navigation skills or judgement. You accept the inherent risks of the activities you choose to undertake.

14. Your responsibility to us

• You agree to be responsible for reasonably foreseeable loss or claims we suffer arising from your misuse of the App, your breach of these Terms, or your breach of the law or of anyone else’s rights.

15. Suspension and termination

• We may suspend, restrict or close your account, or withdraw your access to the App, if you breach these Terms, if we reasonably suspect misuse, or if we need to for legal or safety reasons.
• You can stop using the App and delete your account at any time.

16. Changes to the App and these terms

• We may change, update or withdraw features of the App to improve it, or for legal or security reasons.
• We may update these Terms from time to time. If we make significant changes, we will take reasonable steps to let you know, for example within the App. Your continued use after changes take effect means you accept the updated Terms.

17. Governing law and jurisdiction

• These Terms, and any dispute arising from them, are governed by the law of England and Wales and are subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. If you got Upfell from the App Store

• These Terms are between you and us. Apple is not a party to them and is not responsible for the App or anything in it.
• Apple has no obligation to provide any support or maintenance for the App. If you need help, email support@upfell.app.
• Apple gives no warranty for the App. If the App turns out to be faulty, Apple’s only obligation is to refund what you paid for it, and Upfell is free, so there is nothing to refund. Any other claim, loss, cost or liability connected with the App is ours to deal with, not Apple’s.
• If anyone claims the App infringes their intellectual property, we, not Apple, are responsible for investigating and dealing with that claim.
• By using the App you confirm you are not in a country subject to a United States Government embargo, or one the United States Government has designated as supporting terrorism, and that you are not on any United States Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You must also keep to Apple’s own App Store terms of service when you use the App.

19. Contact us

• You can contact us about these Terms or the App at support@upfell.app.