Terms of Service

1. Acceptance of Terms and Conditions

By accessing, browsing, or otherwise utilizing the SustainTrail mobile application ("the App"), including any and all associated services, features, content, and functionality (collectively referred to as "the Service"), you, the user ("User", "you", "your"), hereby acknowledge, accept, and agree to be legally bound by these Terms of Service ("Terms", "Agreement"), in their entirety, without modification, qualification, or exception. Should you find any provision of these Terms unacceptable or disagreeable, your sole and exclusive remedy is to immediately discontinue all use of the Service.

2. User Accounts and Responsibilities

2.1 Account Creation and Maintenance

In order to access and utilize certain premium features and functionalities of the Service, you are required to create and maintain an account ("Account"). By creating an Account, you hereby covenant and agree to:

• Provide accurate, current, and complete information during the registration process and maintain the accuracy of such information through prompt updates
• Implement and maintain appropriate security measures to protect the confidentiality of your Account credentials
• Accept full responsibility and liability for all activities, transactions, and communications conducted through your Account
• Immediately notify SustainTrail of any unauthorized access to or use of your Account
• Maintain the confidentiality of your password and not disclose it to any third party

2.2 User Conduct and Prohibited Activities

You hereby covenant and agree that you shall not, under any circumstances:

• Utilize the Service for any unlawful, fraudulent, or malicious purposes
• Violate any applicable local, state, national, or international laws, statutes, ordinances, or regulations
• Impersonate any individual or entity, or misrepresent your affiliation with any person or organization
• Interfere with, disrupt, or attempt to gain unauthorized access to any portion of the Service, its servers, or networks
• Engage in any activity that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service
• Use any automated means, including robots, spiders, or scrapers, to access the Service without express written permission

3. Privacy and Data Protection

Your privacy and the protection of your personal data are of paramount importance to SustainTrail. Our comprehensive Privacy Policy, which is incorporated herein by reference, details our practices regarding the collection, processing, storage, and protection of your personal information. By utilizing the Service, you expressly consent to our collection and use of your data in accordance with the Privacy Policy, as may be amended from time to time.

4. Intellectual Property Rights

4.1 Proprietary Rights

All content, features, functionality, and intellectual property rights associated with the Service, including but not limited to software, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of SustainTrail and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 User-Generated Content

By submitting, posting, or displaying any content on or through the Service, you hereby grant to SustainTrail a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and SustainTrail's business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels.

5. Sustainability Data and Accuracy

While SustainTrail endeavors to provide accurate and reliable sustainability data, calculations, and recommendations, you acknowledge and agree that such information is provided on an "as is" and "as available" basis. The sustainability scores, environmental impact calculations, and recommendations are estimates based on available data and should not be construed as professional advice or guarantees of specific environmental outcomes.

6. Community Guidelines and User Interactions

The SustainTrail community is founded upon principles of mutual respect, environmental stewardship, and constructive engagement. As a condition of your use of the Service, you covenant and agree to adhere to the following community guidelines:

• Maintain respectful and professional communication with all community members
• Provide accurate and truthful information regarding sustainability practices and environmental impact
• Refrain from engaging in spamming, promotional activities, or unauthorized commercial communications
• Offer constructive feedback and suggestions in a professional manner
• Respect the intellectual property rights of others
• Report any violations of these guidelines to SustainTrail's moderation team

7. Termination and Suspension

SustainTrail reserves the right, in its sole and absolute discretion, to terminate, suspend, or restrict your access to and use of the Service, or any portion thereof, at any time, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Violation of these Terms or any applicable laws or regulations
• Conduct that is harmful to other users, SustainTrail, or third parties
• Engagement in fraudulent or malicious activities
• Prolonged inactivity or non-use of the Service
• Any other reason deemed appropriate by SustainTrail in its sole discretion

8. Limitation of Liability and Disclaimers

To the maximum extent permitted by applicable law, in no event shall SustainTrail, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

9. Dispute Resolution and Arbitration

9.1 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco, California, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

9.2 Class Action Waiver

You and SustainTrail agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and SustainTrail agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10. Modifications to Terms

SustainTrail reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. In the event of material changes to these Terms, we will provide notice through the Service or via email to the email address associated with your Account. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of the Service.