BackBy Terms of Use (V14)

1. Acceptance of Terms

By accessing, downloading, or using the BackBy application (the “Service”), you agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you are not authorized to use the Service. You must be at least 18 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3. User Responsibilities & Express Assumption of Risk

• Personal Judgment: You are responsible for evaluating your own physical fitness, gear, route, weather, and environmental conditions. BackBy does not assess activity difficulty or real-time safety.
• Account Accuracy: You are responsible for maintaining accurate account information and checking out on time according to the time configured in your user account.
• Inherent Activity Risks: Outdoor activities involve inherent risks of injury, illness, permanent disability, and death. You acknowledge that BackBy is not a substitute for personal judgment, professional training, or traditional rescue planning.
• Express Assumption of Software and Notification Failure Risks: You expressly acknowledge and agree that software errors, network outages, delayed notifications, delivery failures, or system downtime may delay or prevent search, rescue, or medical intervention. You knowingly, voluntarily, and expressly assume all risk of personal injury, illness, permanent disability, or death resulting from or arising out of any delay, omission, interruption, or failure in the generation, transmission, or receipt of any notification or alert by the Service.

4. Acceptable Use

You agree not to:

• (a) create false or misleading activity plans or intentionally trigger false alerts;
• (b) use the Service to harass, stalk, monitor or send unwanted communications to any person;
• (c) designate Safety Contacts who have not consented to receive notifications through BackBy's acceptance process;
• (d) use the Service in connection with any illegal activity;
• (e) interfere with or disrupt the Service, its servers, or connected networks; or
• (f) attempt to gain unauthorized access to any part of the Service.

BackBy reserves the right to suspend or terminate accounts that violate these restrictions.

5. Mobile Messaging & Safety Contacts

• Program Name: BackBy Safety Notification Service
• Description: This service provides automated safety check-in alerts to your designated Safety Contacts via SMS, email, or push notifications.
• Message Frequency: Message frequency varies based on your check-in schedule and activity settings.
• Message and Data Rates: Message and data rates may apply.
• Opt-out Instructions: You may cancel the SMS service at any time by texting STOP to the number from which you received the message. You will receive a one-time confirmation message that you have been unsubscribed. You acknowledge that if you or your Safety Contacts opt out of SMS communications, the Service will be unable to deliver critical safety notifications, rendering the Service non-functional. In such an event, you agree that BackBy is not liable for any failure to provide alerts, and you acknowledge that opting out may be treated as a de facto request to discontinue your use of the Service.
• Help Instructions: For assistance, reply HELP to any message you receive or contact us directly at support@backby.app.
• Carrier Liability: Carriers are not liable for delayed or undelivered messages.
• Explicit Consent: You represent and warrant that you have obtained explicit, verifiable consent from every Safety Contact to receive notifications from us.
• Contact Information Sharing Among Multiple Safety Contacts: You acknowledge and agree that if you assign more than one Safety Contact to an activity, BackBy may disclose and share the names, phone numbers, and email addresses of each designated Safety Contact among all Safety Contacts assigned to that activity in the event an overdue alert is triggered, so that they may coordinate efforts to contact you, verify your well-being, or reach out to emergency authorities as necessary.
• Disclosure of Activity Details by Safety Contacts: You acknowledge and agree that in the event of an overdue alert or suspected emergency, any of your designated Safety Contacts may, for the purpose of your health, safety, and rescue, share your activity details, route plans, location information, vehicle details, notes, and personal identifiers with third parties outside of the designated Safety Contact group, including but not limited to emergency services, search and rescue organizations, law enforcement agencies, park rangers, medical providers, or friends and family members assisting in coordinating assistance. BackBy shall have no liability for any disclosure or use of information made by your Safety Contacts.

6. User Accounts & Data

• Security: You are responsible for your account credentials. You agree to provide accurate information and to notify us of any unauthorized use.
• Data Usage: You grant us permission to contact your designated Safety Contacts based on your account settings and to share activity and contact information in accordance with Section 5 and our Privacy Policy.
• Data Retention: We reserve the right to retain or delete alert history in accordance with our Privacy Policy and applicable law.

7. Subscriptions, Billing, Cancellation and Refunds

• Free Use: BackBy may allow a limited amount of use of the Service without a paid subscription. Under the current offering, one activity may be completed without a paid subscription. A canceled activity does not count against this free allowance. After the free allowance has been used, a paid subscription is required to create or start additional activities.
• Subscription Plans and Pricing: BackBy offers two core subscription plans:
  • Monthly Plan: $4.99 USD per month.
  • Annual Plan: $49.99 USD per year (discounted relative to the monthly rate).
• Automatic Renewal: The applicable price and billing interval will be displayed to you before you subscribe. By purchasing a subscription, you authorize BackBy and its payment processor to charge your selected payment method on a recurring basis. Your subscription will automatically renew at the end of each billing period unless you cancel it before the applicable renewal date.
• Promotional Codes, Coupons, and Partnerships: BackBy may occasionally offer promotional codes, discounts, partnership benefits (such as brand collaborations or partner onboarding programs), or trial offers. These offers are subject to specific terms stated at the time of issuance, may be time-limited, and can be modified or terminated by BackBy at any time without notice. Promotional pricing applies only for the specified introductory period unless otherwise stated, after which subscriptions will automatically renew at the standard non-discounted rate.
• Cancellation: You may cancel your subscription at any time through the Billing section of your BackBy account. Cancellation takes effect at the end of your then-current paid billing period. You will retain subscription access until that date, and you will not be charged for a subsequent renewal.
• Refunds: Except where required by applicable law, payments are non-refundable and BackBy does not provide prorated refunds or credits for unused portions of a billing period. BackBy may, at its discretion, issue refunds in circumstances such as duplicate charges, billing errors, accidental purchases, or other exceptional cases.
• Failed Payments: If a recurring payment fails, BackBy or its payment processor may retry the payment and may provide you with an opportunity to update your payment method. If payment remains unresolved, BackBy may restrict your ability to create new activities or start scheduled activities until payment is successfully completed. Billing restrictions will not interrupt an activity that is already in progress.
• Taxes: Subscription prices may be subject to applicable sales, use, or other transaction taxes. Where required by law, applicable taxes will be calculated and charged in addition to the displayed subscription price.
• Changes to Subscription Pricing: BackBy may change subscription prices or plan terms from time to time. Any price change will apply no earlier than a future renewal and will be communicated in advance where required by applicable law.
• Payment Processing: Payments are processed by third-party payment providers, including Stripe. BackBy does not directly store your complete payment-card information.

8. Intellectual Property

All rights, title, and interest in and to the Service, including all software, content, trademarks, and other intellectual property, are and will remain the exclusive property of BackBy LLC. Subject to your compliance with these Terms, BackBy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. You may not copy, modify, distribute, reverse-engineer, or create derivative works of any part of the Service. By submitting content through the Service (including activity plans, notes, route details, and feedback), you grant BackBy a non-exclusive, royalty-free, worldwide license to use, store, process, and display such content solely to operate and improve the Service and to transmit it to your designated Safety Contacts as part of the alert functionality.

9. Limitation of Liability

To the maximum extent permitted by applicable law, BackBy shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any damages for personal injury or death, arising from or related to your use of or inability to use the Service, however caused and under any theory of liability, including but not limited to contract, tort, negligence, strict liability, or otherwise, even if BackBy has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, our total aggregate liability for any and all claims arising out of or related to the Service or these Terms shall not exceed the greater of (A) the total amount paid by you to BackBy in the preceding twelve (12) months or (B) $100 USD.

10. Indemnification

You agree to defend (upon request), indemnify and hold harmless BackBy LLC and its affiliates, officers, directors, employees, contractors and agents from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law; (c) any third-party claims resulting from your designation of Safety Contacts through the Service or your failure to obtain their proper consent; (d) any content you submit through the Service; (e) any false, misleading or intentionally inaccurate activity plans or check-ins; or (f) your negligence or willful misconduct in connection with an outdoor activity for which you used the Service.

11. Dispute Resolution & Governing Law

• Governing Law: These Terms shall be governed by the laws of the State of Colorado.
• Venue:Except for disputes that qualify for small claims court, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Boulder County, Colorado, unless you and BackBy agree otherwise. Each party shall bear its own costs, except as otherwise required by AAA rules. The arbitrator's award shall be final and binding.
• Class Action and Jury Trial Waiver: To the extent permitted by law, you waive the right to participate in any class action lawsuit against BackBy LLC and your right to a jury trial.

12. Suspension and Termination

We reserve the right to suspend or terminate your access at our discretion if we suspect abuse, fraud, or violation of these Terms. Certain provisions that by their nature are intended to survive termination, including liability limits, disclaimer of warranties, and indemnification, shall survive the termination of your account.

13. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BackBy does not warrant that the Service will be uninterrupted, timely, secure, or error-free. BackBy does not warrant that alerts or notifications will be generated, delivered, or received successfully or within any specific timeframe. No information or advice provided by BackBy shall create any warranty not expressly stated in these Terms. Your use of the Service is at your sole risk.

14. Miscellaneous

• Changes to Terms: We may update these Terms from time to time. If we make material changes, we will provide notice by email, in-app notification, or by posting a prominent notice within the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and delete your account.
• Severability: If any provision is found unenforceable, the remainder of these Terms shall remain in full force and effect.
• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and BackBy LLC.
• No Third-Party Beneficiaries: These Terms do not confer any third-party beneficiary rights on any person or entity, including your designated Safety Contacts.

15. Contact Us

If you have questions about these Terms of Use, please contact our support team at: info@backby.app