Terms of service

Effective Date: August 2025
Last Updated: August 2025

Agreement to Terms

By downloading, installing, or using the Gorby Gap mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Description of Service

Gorby Gap is a mobile application that provides:

  • Real-time weather information for mountain locations

  • Ski resort lift status and conditions

  • Webcam feeds from mountain locations

  • Mountain-specific temperature and forecast data

Acceptable Use

You May

  • Use the App for personal, non-commercial purposes
  • Access weather information and mountain data
  • Share app content on social media

You May NOT

  • Reverse engineer, decompile, or disassemble the App
  • Use the App for commercial purposes without permission
  • Attempt to gain unauthorized access to our systems
  • Interfere with the App's functionality or security
  • Use the App for any illegal or unauthorized purpose

Weather Data Disclaimer

Accuracy

  • Weather data is provided by third-party sources
  • We do not guarantee the accuracy, completeness, or timeliness of weather information
  • Weather conditions can change rapidly; always verify conditions independently

Safety Responsibility

  • IMPORTANT: Do not rely solely on this app for safety-critical decisions
  • Always check official sources before engaging in mountain activities
  • Skiing and mountain activities carry inherent risks
  • You are responsible for your own safety and decision-making

Limitation of Liability for Weather Data

We are not liable for any damages, injuries, or losses resulting from:

  • Inaccurate weather information
  • Delayed or missing data updates
  • Decisions made based on app information
  • Mountain or skiing accidents

Intellectual Property

App Ownership

  • The App and its content are owned by Gorby and its licensors
  • You receive a limited, non-exclusive license to use the App
  • This license does not grant ownership rights

Information Sources

  • The app displays data from various mountain and weather services
  • Social media content belongs to original creators
  • Webcam feeds are provided by mountain services

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

User Accounts and Data

No User Accounts Required

  • The App does not require user registration
  • All data is stored locally on your device
  • No personal information is required to use the App

Data Loss

  • We are not responsible for data loss due to device issues
  • Back up important settings through iOS backup systems
  • App deletion will remove all stored preferences

Availability and Updates

Service Availability

  • We strive to maintain App availability but do not guarantee 100% uptime
  • Weather data depends on third-party services
  • Mountain webcams may be offline due to weather conditions

App Updates

  • We may update the App to improve functionality or security
  • Updates may change features or require new permissions
  • Continued use after updates constitutes acceptance of changes

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

No Warranties

  • The App is provided "AS IS" without warranties of any kind
  • We disclaim all warranties, express or implied
  • No guarantee of fitness for a particular purpose

Limitation of Damages

  • We are not liable for any indirect, incidental, or consequential damages
  • Our total liability is limited to the amount you paid for the App (which is $0 for free apps)
  • This includes damages from app malfunction, data loss, or weather-related incidents

Exceptions

Some jurisdictions do not allow liability limitations, so these may not apply to you.

Indemnification

You agree to indemnify and hold harmless Gorby, its developers, and affiliates from any claims, damages, or expenses arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights

Termination

By You

  • You may stop using the App at any time by deleting it from your device
  • Termination does not affect any rights or obligations that arose before termination

By Us

  • We may terminate or suspend access to the App for violations of these Terms
  • We may discontinue the App with reasonable notice

Governing Law

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles. Any disputes will be resolved in the courts of British Columbia, Canada.

Apple App Store Terms

If you downloaded the App from the Apple App Store, you acknowledge that:

  • Apple is not a party to these Terms
  • Apple is not responsible for the App or its content
  • Apple has no warranty obligations regarding the App
  • Apple is not responsible for addressing claims about the App

Changes to Terms

We may update these Terms from time to time. Changes will be effective when:

  • Posted in the App or on our website
  • The "Last Updated" date is modified
  • Continued use of the App constitutes acceptance

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Contact Information

If you have questions about these Terms, contact us at:

Acknowledgment

By using Gorby Gap, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service were last updated on August 2025 and comply with Apple App Store guidelines and applicable laws.