Terms of Use

1. Agreement

These Terms of Use (the “Terms”) are an agreement between you and BearMo Studios LLC (“BearMo Studios,” “we,” “us”), a limited liability company registered in North Carolina, United States, covering your use of the Fernweh iPhone application and any updates to it (the “App”). By downloading 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, and old enough to enter into a binding contract where you live, to use the App.

2. Your licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on Apple-branded devices you own or control, as permitted by the App Store Terms of Service, for your own non-commercial use. This licence does not transfer ownership of anything. We retain all rights in the App, its source code, design, name and branding.

You may not copy, sell, rent, sublicense or redistribute the App; reverse-engineer, decompile or disassemble it except where that restriction is prohibited by law; remove proprietary notices; or use it in a way that breaks the law.

3. Your content

Your journal is yours. The entries, notes, ratings, tags, photos and recorded routes you create in the App belong entirely to you. We claim no ownership or licence over them.

The App stores your content on your device. We do not receive it, host it, back it up, review it or moderate it: see the Privacy Policy. You are responsible for having the right to use any photo or other material you add.

4. Acceptable use

Use the App lawfully. Do not use it to store or transmit unlawful material, or attempt to interfere with its operation or security.

5. Outdoor safety: important

Fernweh is a journal, not a navigation or safety product. It does not route you, does not warn you about hazards, weather, closures or wildlife, and is not designed or certified for emergency use.

• Do not rely on the App to find your way, to find your way back, or to determine your position in an emergency.
• GPS accuracy varies with terrain, tree cover, weather and hardware, and can be badly wrong. Recorded distances, elevations and routes are approximations.
• Battery use, low temperatures, water, signal loss and iOS power management can all interrupt or stop tracking without warning.
• Carry appropriate navigation and emergency equipment, tell someone your plans, and use official trail and weather information.

Hiking and other outdoor activity carry inherent risk of injury and death. You assume that risk. You are solely responsible for your own safety and for your decisions in the outdoors, and, to the fullest extent permitted by law, BearMo Studios is not liable for injury, loss or damage arising from your outdoor activity or from any reliance on the App while undertaking it.

6. Data loss

Your journal lives on your device. If the device is lost, stolen, damaged, reset, or if the App is deleted, the data is gone and we cannot recover it, because we never had a copy. Keeping working device backups is your responsibility. We are not liable for loss of your content, however caused.

7. No warranty

The App is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any defect will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

8. Limitation of liability

To the fullest extent permitted by law, BearMo Studios will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of goodwill, arising out of or relating to the App, whether based in contract, tort, negligence, strict liability or otherwise, and whether or not we were advised of the possibility.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the App and these Terms is limited to twenty-five US dollars (US$25).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, or for death or personal injury caused by negligence where such exclusion is prohibited. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

9. Changes and discontinuation

We may modify, add or remove features, and may update or discontinue the App. We may also update these Terms; when we do, we will change the “last updated” date and raise the version number on this page, and material changes will be noted in the App’s release notes. Continuing to use the App after a change takes effect means you accept the revised Terms. If we discontinue the App entirely, your existing journal remains on your device.

10. Termination

You may end this agreement at any time by deleting the App. We may suspend or terminate your licence if you materially breach these Terms. Sections 3 and 5–13 survive termination.

11. Apple

This agreement is between you and BearMo Studios only, not with Apple, and BearMo Studios, not Apple, is solely responsible for the App and its content. Apple has no obligation to furnish maintenance or support for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claim by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of 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 as “terrorist supporting,” and that you are not on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

12. Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law rules, and the state and federal courts located in Wake County, North Carolina have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law gives you the protection of your local courts and mandatory consumer rules, nothing here deprives you of that protection.

If any provision of these Terms is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between us regarding the App.

13. Contact

BearMo Studios LLC
support@bearmostudios.com
4030 Wake Forest Rd STE 349
Raleigh, NC 27609
United States