Terms of Service
These Terms of Service ("Terms") govern your use of the SnowStory mobile application, the SnowStory watch application, and the snowstory.app website (together, the "Service"), operated by Kick-Out Concepts LLC ("SnowStory," "we," "us"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Safety first — please read this section
SnowStory is a game. It is not navigation, safety, or emergency equipment.
Skiing and snowboarding are inherently dangerous activities that carry significant risks of property damage, serious bodily injury, and death. By using the Service you voluntarily assume all of those risks, known and unknown, and — to the fullest extent permitted by law — you release Kick-Out Concepts LLC from any claims arising out of your athletic activities. Never let the app take your attention from the terrain, other people, or your surroundings. Obey all resort rules, signage, closures, and ski-patrol instructions at all times. Ride within your ability. Location information shown in the app (including squad member positions) may be delayed, inaccurate, or unavailable and must never be relied on to locate a person in an emergency — contact ski patrol or emergency services instead.
Resort, trail, lift, and waypoint information in the app is informational only and is not guaranteed to be accurate or current — mountains change, runs and lifts close, and conditions shift. What you see on the mountain, and what ski patrol tells you, always wins over what the app shows. Downloaded offline content may be updated or replaced over time.
Walking, trial mode, and getting around off the mountain. SnowStory also involves walking outdoors in public places — including the neighborhood trial, and moving around resorts, parking, lodges, and streets. Walking outdoors carries its own real risks, including motor-vehicle and bicycle traffic, other pedestrians, uneven or obstructed ground, and crossing roads. You voluntarily assume all of those risks, known and unknown, and — to the fullest extent permitted by law — you release Kick-Out Concepts LLC from any claims arising out of them. Stay aware of your surroundings and never look at your phone while walking, crossing, or in or near traffic. Stay on sidewalks and public paths, cross only where it is legal and safe, obey all traffic signals and signs, and respect private property. Any walking route the app draws or suggests is generated from third-party map data. We try to keep routes on safe, walkable paths, but map data is not perfect and is not verified for safety — a route may be inaccurate and can pass along or near roads. Please use your own judgment and do not put yourself in harm's way: do not follow a suggested route where it is not safe to do so, and your own eyes and judgment always come first. When in doubt, put the phone away — the trial works with it in your pocket.
2. Accounts and eligibility
- You must be at least 13 years old — or the higher minimum age your country sets for consenting to online services (up to 16 in parts of Europe) — to create your own SnowStory account.
- Children below that age can participate only through a managed profile created and controlled by a parent or guardian, as described in our Privacy Policy.
- If you create a managed profile for another person, you confirm you are that person's parent or legal guardian (or have their consent, for managed adults) and accept these Terms on their behalf.
- You are responsible for the activity that happens under your account and the managed profiles you create.
3. Passes and subscriptions
- Some features require a paid pass (for example, day passes or season subscriptions). Purchases are processed by Google Play or the Apple App Store — we never receive your payment card details.
- Season passes are auto-renewing subscriptions; manage or cancel them in your app-store account settings. Cancelling stops future renewals but does not refund the current period.
- Squad passes cover a set number of riders at a time. A seat frees up when a rider leaves, and season squad passes allow up to twice their seats in different riders over a season.
- Buying a season pass replaces a day pass you hold: unused days don't carry over. The app warns you first.
- Trial and Observer modes let you try SnowStory with limited features before buying a pass. We may change what complimentary features are included at any time.
- Refunds are handled by the app stores under their policies.
- Pass prices and inclusions may change. Changes initiated by us never take away time you have already paid for.
4. Acceptable use
You agree not to:
- falsify your location, tamper with GPS data, or otherwise cheat the scoring system;
- access areas that are closed, out-of-bounds, or unsafe in pursuit of points — no waypoint is ever intentionally placed in a closed area, and points never justify risk;
- harass or harm other users, or misuse squad features to track a person without their knowledge and consent;
- post photos, names or titles that are sexual, hateful or harassing, share someone's private information, or show people who haven't agreed to be in them;
- reverse-engineer, disrupt, or overload the Service;
- use the Service in violation of any law or resort policy.
We have zero tolerance for objectionable content or abusive users. We review every report and may remove content, reset a name, clear an avatar, pause uploads, or suspend or terminate an account that violates these rules.
5. Your content and our content
- You keep ownership of content you provide (like display names and avatar photos). You grant us the license needed to operate the Service — for example, showing your name, avatar, and captures to your squad, and displaying content in any features you choose to share more widely (like a day card you share). The license ends when the content or your account is deleted, except for a copy kept with a report and copies that persist briefly in backups.
- The Service, including Freddy the Yeti, the SnowStory name and marks, waypoint content, and software, belongs to Kick-Out Concepts LLC and its licensors. Resort names are used to identify locations and do not imply any affiliation with or endorsement by any resort.
6. Copyright complaints
If you believe content on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at support@snowstory.app (subject line "DMCA"), including: identification of the copyrighted work and the infringing material, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and you are authorized to act, and your physical or electronic signature. We will remove infringing content and may terminate repeat infringers' accounts.
7. Termination
You can stop using SnowStory at any time and delete your account in the app or at snowstory.app/delete-account. We may suspend or terminate access for violations of these Terms, and we will apply the data-handling rules in the Privacy Policy when an account ends.
8. Disclaimers and limitation of liability
The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, and we are not liable for indirect, incidental, special, consequential, or punitive damages, or for personal injury or property damage arising from skiing, snowboarding, or other activities undertaken while using the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the twelve months before the claim arose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
9. Indemnification
If a third party brings a claim against us because of content you provided, your violation of these Terms, or your violation of a law or someone else's rights, you agree to indemnify us — that is, to cover the losses, costs, and reasonable legal fees that claim causes us. This does not apply to the extent a claim arises from our own breach of these Terms or the Privacy Policy.
10. Disputes and governing law
- Talk to us first. Before filing any claim, email support@snowstory.app with a description of the dispute, and give us 30 days to work it out with you. Most problems are fixable without anyone hiring a lawyer.
- Either of us may bring a qualifying claim in small claims court.
- These Terms are governed by the laws of the State of Ohio, USA, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Ohio, and you consent to their jurisdiction. If you are a consumer in a jurisdiction whose law gives you the right to sue in your local courts or under your local law, this section does not take that right away.
11. App store terms
The app is distributed through the Apple App Store and Google Play, and their terms also apply to your download. In addition, if you got the app from the Apple App Store:
- These Terms are between you and Kick-Out Concepts LLC only — not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for it.
- If the app fails to conform to a warranty, Apple may refund your purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing any claims relating to the app (including product liability, regulatory, and consumer-protection claims) or any third-party claim that the app infringes intellectual-property rights.
- You represent that you are not located in a country subject to a US government embargo or designated a "terrorist supporting" country, and are not on any US government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
12. Changes to these Terms
We may update these Terms as the Service evolves. If a change is material, we will notify you in the app or by email before it takes effect. Continuing to use the Service after a change means you accept the updated Terms.
13. General
- If part of these Terms is found unenforceable, the rest remains in effect.
- If we don't enforce a provision right away, we haven't waived it.
- You may not transfer your account or these Terms to someone else. We may assign these Terms as part of a merger, acquisition, or sale of the business — your rights under them stay intact.
- These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.
14. Contact
Questions about these Terms: support@snowstory.app · Kick-Out Concepts LLC