Terms of Use & End User License Agreement

1. Agreement and service

These Terms govern your use of Kortex Trails, a trail discovery and mapping app provided by Kortex (“Kortex,” “we,” “us,” or “our”). By using the app, you agree to these Terms.

2. Location and map features

The app may use foreground location to show your position and retrieve nearby mapped routes. You control permission through your device settings. Map data, route availability, and location accuracy depend on third-party providers and your device.

3. Trail and activity safety

Kortex Trails is a discovery aid, not a navigation guarantee or safety service. Trail conditions, closures, hazards, access rights, weather, traffic, terrain, and map data can change. Check local signs and conditions, use appropriate equipment, follow laws, and make your own safety decisions.

4. Data and third parties

The current app does not require an account. OpenStreetMap/Overpass, Apple or Google map services, device-location services, and app stores may provide supporting data or infrastructure under their own terms. See the Kortex Trails Privacy Policy for details.

5. Acceptable use and disclaimers

Do not misuse the app, overload providers, scrape or redistribute their data contrary to their terms, interfere with service, or use the app for unlawful activity. The app is provided on an “as available” and “as is” basis. To the maximum extent permitted by law, Kortex is not liable for indirect damages, route decisions, injury, loss, or property damage.

6. Apple App Store Requirements

If you downloaded Kortex Trails from the Apple App Store, the following additional terms apply:

Acknowledgement: You acknowledge that these Terms are concluded between you and Kortex only, and not with Apple Inc. (“Apple”). Kortex, not Apple, is solely responsible for the app and its content.

Scope of License: The license granted to you for Kortex Trails is limited to a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support: Kortex is solely responsible for providing any maintenance and support services with respect to the app. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services.

Warranty: Kortex is solely responsible for any product warranties, whether express or implied by law. 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 for 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.

Product Claims: You acknowledge that Kortex, not Apple, is responsible for addressing any claims of yours or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Kortex, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, 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 thereof.

Third-Party Terms: You must comply with applicable third-party terms of agreement when using the app, including any terms that apply to your device, operating system, network, app-store account, payment provider, map provider, AI provider, advertising provider, social platform, or connected service.

Developer Name and Contact: Kortex is operated by Gary Mizrachi, 20012 Wellington Manor Blvd, Lutz, FL 33549. Questions, complaints, or claims about the app may be sent to [email protected] or by phone at 1-239-789-8791.