Terms And Conditions

TERMINI E CONDIZIONI

Trace My Trail (App & Websites)
Agosto 2025

The website available at tracemytrail.com, along with any related subdomains or sections (hereinafter the “Website”), is managed and operated by Design & Servizi (hereinafter “TraceMyTrail”). All mobile and wearable applications and services provided by TraceMyTrail (hereinafter the “Applications”) are also operated by TraceMyTrail. The Website and the Applications together are hereinafter referred to as the “Platforms”.

The present terms of use (hereinafter the “Terms”) establish the rules governing the Services offered through the Platforms, which include both the Website and the Applications. These Terms apply to accessing, browsing and using the Website, as well as to downloading and using the Applications by any individual user (hereinafter the “User” or the “Users”).

By entering and using the Website or by downloading and using the Applications, the User confirms to have read these Terms, fully accepts them, and agrees to be legally bound by them.

Certain Services may be subject to specific instructions or conditions, either from TraceMyTrail or from third parties providing those Services. Such conditions shall complement these Terms or, where inconsistent, shall prevail over them, and must be accepted by the User before the corresponding Service is provided.

TraceMyTrail reserves the right to modify these Terms at any time. Users are therefore advised to consult them regularly. The date indicated at the top of these Terms specifies the most recent revision, which becomes effective as of its publication date.

With respect to the collection and processing of personal information, the applicable document is the Privacy Policy.

1.1 PURPOSE OF SERVICES

The Services allow Users to generate, store, publish, share, transmit, search for, and download GPS-based routes and points of interest (hereinafter the “Tracks and POI”), together with any related information and content.

1.2 AUTHORIZED USE OF THE WEBSITE

Users may access and use the Services solely as natural persons and exclusively under the conditions set forth in these Terms. The Services are intended only for private and domestic purposes; any commercial, professional, or for-profit use is strictly prohibited.

Before using the Services, each User is responsible for ensuring that they are appropriate for their personal needs. The Services must not be used negligently, in bad faith, for fraudulent purposes, or in violation of the law. Users must also refrain from engaging in any activity that could harm the reputation, rights, or interests of TraceMyTrail or third parties.

The Platforms are not designed to be relied upon in life-threatening or emergency situations. Furthermore, by enabling Live Tracking, the User acknowledges and accepts the risks of allowing others to see their location in real time, as described in section 2.1 of these Terms.

Users may not impersonate others, interfere with, or disrupt the normal operation of the Website, the Applications, or the Services. Any action that could overload, damage, disable, or compromise the security of the Platforms is strictly forbidden. Similarly, using robots, spiders, automated programs, or any other technical tools to access, copy, or monitor the Platforms without TraceMyTrail’s prior express consent is not allowed. Obtaining, or attempting to obtain, content from the Website or the Applications (including User Content, as defined below) through methods other than those normally used or expressly authorized by TraceMyTrail is also prohibited.

TraceMyTrail may block access to any User who makes abusive or unauthorized use of the Services. Such use will be presumed when (i) a User’s activity significantly exceeds that of 99% of other Users within a given period, and (ii) TraceMyTrail reasonably believes such use could affect service quality or security for others. Restricting or blocking malicious Users is necessary to guarantee a reliable Service for legitimate Users.

1.3 REGISTRATION

To access certain Services, Users must first create an account by choosing a username and password and providing a valid email address, which will be used to send notifications related to the Services.

It is the User’s obligation to supply all required registration details, ensuring that the information provided is accurate, complete, and current. Users are also responsible for keeping this information updated. If false, outdated, or incomplete information is supplied, or if TraceMyTrail reasonably suspects such circumstances, TraceMyTrail may suspend or permanently terminate the User’s account.

The confidentiality of the account credentials, including the password, must be maintained by the User at all times. Sharing access with others or using another person’s account is prohibited. The User will be held accountable for all activities performed through their account, regardless of the device used.

If the User becomes aware or suspects that their account has been accessed without authorization, they must promptly notify TraceMyTrail. TraceMyTrail may suspend or cancel the User’s account whenever it determines that the Terms have not been respected.

1.4 CONTENT-RELATED RULES

Users may contribute to the Platforms by creating, storing, or sharing their Tracks and Points of Interest, allowing others to follow them and view their location on a map. They may also upload photos, videos, or additional details connected to their Tracks and Points of Interest, as well as post comments and opinions through the Forum (collectively referred to as “User Content”).

Any User Content published through the Website or Applications is the sole responsibility of the User who uploads it. Content must always be lawful, relevant, and respectful of third-party rights, public order, and these Terms. Users should be aware that publishing User Content may make it publicly visible, and they therefore assume full responsibility for what they share.

The User guarantees that they hold the necessary intellectual property rights over the submitted Content, either as the creator or as the rightful holder of the applicable licenses or permissions. When a User includes personal elements such as someone else’s image, voice, or name, or any confidential information, it is their responsibility to obtain prior authorization from the concerned person.

User Content must never contain advertising, promotional messages, or be used as a means to generate profit. Nor may it include malware, viruses, worms, or any form of destructive code. Furthermore, Content must comply with the technical conditions and requirements that TraceMyTrail may establish from time to time.

TraceMyTrail only provides the platform to host User Content. It does not monitor, edit, pre-approve, or verify such Content, nor does it guarantee that it is accurate, lawful, current, or suitable for any specific purpose. Responsibility for compliance with the law and the protection of third-party rights rests entirely with the User who publishes the Content. In line with applicable regulations for information society service providers, TraceMyTrail has no duty to supervise User Content nor to evaluate its legality.

Nevertheless, TraceMyTrail reserves the right to partially or completely remove any User Content that it considers to be unlawful, offensive, in breach of these Terms, or harmful to third-party rights.

If you wish to raise a concern about User Content, two options are available:

  • For Tracks or Points of Interest, the best course is to use the tools on the Website to contact the author directly, as they are solely responsible for their own contributions. You may also leave a public comment on the trail itself, adding clarifications or corrections for the benefit of future users.
  • For any other matter, you may reach out to TraceMyTrail at the email address provided at the end of these Terms.

Lastly, Users must respect property rights and avoid publishing routes that unlawfully cross private land or infringe upon the rights of others. Compliance with the TraceMyTrail Principles and Good Practices is mandatory.

 

1.5 RESPONSIBILITY

Use of the Website, Applications, and Services takes place entirely at the User’s own risk. The User accepts that TraceMyTrail shall not be held responsible for misuse or for any use in violation of these Terms. Except where mandatory liability is imposed by law or in cases of wilful misconduct, TraceMyTrail shall not be liable for any damages or losses suffered by the User in connection with their use of the Platforms.

Users are fully accountable for any damage TraceMyTrail may suffer due to their non-compliance with these Terms. In such cases, the User agrees to indemnify and hold harmless TraceMyTrail, along with its employees, agents, directors, and representatives, from any liability that may arise.

TraceMyTrail does not guarantee uninterrupted or error-free operation of the Website, the Applications, or the Services, nor does it ensure their accuracy, reliability, or suitability for a particular purpose. Service availability depends on third parties and external factors, and therefore no assurance can be given regarding their continuity. To the maximum extent permitted by law, TraceMyTrail excludes any liability for damages connected with such circumstances.

By way of illustration, TraceMyTrail shall not be responsible for:

  • Failures, interruptions, technical errors, viruses, or malfunctions caused by the User’s own equipment or by telecommunication networks not managed by TraceMyTrail.
  • Delays, outages, or inaccessibility of the Services resulting from congestion or deficiencies in internet infrastructure, communication systems, or power supply networks.
  • Downtime linked to updates, maintenance tasks, or improvements of the Services.
  • Interventions or actions by third parties.
  • Any circumstance that falls outside TraceMyTrail’s reasonable control.

As established in section 1.4, TraceMyTrail merely provides the technological space for hosting and publishing User Content. The sole responsibility for any information, data, images, sounds, videos, texts, or other material published lies with the User who uploads it, unless otherwise required by law. TraceMyTrail neither edits nor supervises User Content and assumes no responsibility for its legality, accuracy, or appropriateness.

Finally, the presence of links within the Services should not be interpreted as TraceMyTrail endorsing, supervising, or establishing a relationship with the linked sites. Responsibility for the content of those external websites rests entirely with their operators, except where the law provides otherwise.

1.6 INTELLECTUAL PROPERTY

All intellectual property rights over the Website, the Applications, the Services, their structure, design and source code, as well as over any content included therein (such as text, databases, graphics, logos, trademarks, icons, photographs, animations, videos, audio files, images, or any other material) are the exclusive property of TraceMyTrail or have been duly licensed to it.

Users are only allowed to access and use the Website, the Applications, and the Services, and to download content from them, for strictly personal and non-commercial purposes, unless TraceMyTrail expressly authorizes a broader use. Any other exploitation — including reproduction, transformation, creation of derivative works, public communication, making available, distribution, extraction, or reuse — is expressly forbidden unless permission has been granted.

TraceMyTrail also holds a sui generis right over the database that comprises the totality of the content on the Website and the Applications, in accordance with the applicable Intellectual Property Act. This right prevents the extraction or reuse of all, or of a substantial part (quantitatively or qualitatively), of the database. It likewise prohibits repeated or systematic extraction or reuse of non-substantial parts if such practices contradict the normal exploitation of the database or unjustifiably harm TraceMyTrail’s legitimate interests.

Certain routes or content within the Services may originate from sources distributed under open-source licenses. Where this is indicated through the relevant attribution, Users may utilize such material under the conditions defined by the applicable license, but only through the access methods provided by TraceMyTrail. The restrictions described above remain applicable to the rest of the content.

User Content remains the intellectual property of the User who created or published it, as described in Section 1.4. Tracks or Points of Interest uploaded by a User will be treated as a single, indivisible unit of content, except in cases of GPS downloads or when different Users’ content is grouped together for reasons of practicality or convenience. The User continues to own the rights over such material.

By uploading or storing User Content, the User grants TraceMyTrail a free, non-exclusive, worldwide license — valid for the entire duration of protection under the applicable law — which includes the right to sub-license to third parties. This license covers the rights to access, use, host, reproduce, modify, adapt, translate, publish, distribute, delete, communicate to the public, or make available the User Content through the Platforms or through third-party sites with which TraceMyTrail collaborates.

This license specifically authorizes TraceMyTrail to use User Content for promotional or advertising purposes connected with its Services, including publication in press releases, social networks, or other media. In such cases, TraceMyTrail undertakes to credit the User by including their name next to the corresponding content.

The license also includes the right to:

  • Adapt or create derivative works from User Content.
  • Combine the User Content with other content.
  • Perform technical and maintenance tasks necessary for the use or availability of such content.

The User guarantees that they hold all necessary rights, licenses, or permissions to publish their Content through the Services and to grant the license described above, including third-party consents where required.

Furthermore, if during registration or later through the settings page the User opts to authorize TraceMyTrail to publish and use specific account information, TraceMyTrail may proceed in line with those choices. The User acknowledges that their selected username will be publicly visible to all other Users.

1.7 END USER LICENSE FOR APPLICATIONS

The right to install and use the Applications is granted to the User solely under the terms of this license. Any rights not expressly conferred here remain reserved to TraceMyTrail. Future updates or replacements provided by TraceMyTrail will also be governed by these conditions unless accompanied by a separate license, in which case the latter will prevail.

The license is personal, non-transferable, and non-exclusive, and authorizes the User to download and run the Applications, in object code only, on a device owned or controlled by them. Use on devices not owned or directly controlled by the User is not permitted unless expressly authorized in writing by TraceMyTrail.

The User is prohibited from renting, selling, sublicensing, publicly communicating, distributing, or making the Applications available on networks where they could be accessed by several devices simultaneously. Except where expressly allowed by law or by the license terms of any open-source components included in the Applications, the User may not copy, decompile, reverse engineer, disassemble, attempt to access the source code, alter, or create derivative works from the Applications or their updates. Any such attempt shall be deemed a violation of TraceMyTrail’s and its licensors’ rights.

TraceMyTrail may periodically collect technical data and related information about the User’s device, operating system, software, or peripherals. This data is used to deliver updates, provide support, and improve the Applications or related technologies. Such data will not be processed in a way that personally identifies the User.

This license remains effective until either the User or TraceMyTrail decides to terminate it. Failure to comply with these conditions results in automatic termination without prior notice. Upon termination, the User must stop using the Applications and remove or destroy any copies in their possession.

The Applications are provided “as is” and “as available.” Within the maximum limits allowed by law, TraceMyTrail excludes any kind of warranty, whether explicit, implicit, or statutory, including but not limited to fitness for a particular purpose, merchantability, or satisfactory quality. If the Applications prove defective, the User shall bear the entire cost of repair, maintenance, or correction.

The User acknowledges that the contractual relationship for the license exists solely between themselves and TraceMyTrail. It does not involve, under any circumstance, the companies that operate the digital marketplaces where the Applications are distributed (for instance, Apple Inc. for the App Store or Google LLC for Google Play).

1.8 MODIFICATION OR TERMINATION OF SERVICES

TraceMyTrail reserves the right, without incurring liability, to change the content of the Website, the Applications, or the Services at any time. It may interrupt certain functionalities, withdraw some or all of the Services, or deactivate and delete User accounts, subject only to the obligations imposed by applicable law regarding record-keeping of specific transactions for the legally required periods.

1.9 GOVERNING LAW AND CONTACT

The relationship between Users and TraceMyTrail arising from the use of the Website, Applications, and Services shall be governed by Italian law, except where mandatory provisions of another jurisdiction apply to the User.

If any clause within these Terms is found invalid or unenforceable, it shall be removed or replaced, without affecting the validity of the remaining provisions.

In compliance with Article 14 of Regulation (EU) 524/2013, Users are informed that the European Commission provides an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr/

1.10  ELIGIBILITY AND AGE RESTRICTIONS
 The Services are intended for individuals who are at least 18 years old. Users under the age of 18 may only use the Services with the consent and under the supervision of a parent or legal guardian, who will be responsible for the minor’s activities on the Platforms. By registering or using the Services, the User represents and warrants that they meet these eligibility requirements.

1.11 ACCOUNT TERMINATION BY THE USER

Users may terminate their account at any time by following the instructions available within the Platforms or by contacting TraceMyTrail at the email address provided in these Terms. Upon termination, all rights granted to the User under these Terms shall cease, and TraceMyTrail may delete or anonymize any personal data in accordance with applicable law and its Privacy Policy.

1.12 FORCE MAJEURE

TraceMyTrail shall not be held liable for any delay or failure in the performance of its obligations under these Terms if such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government or authorities, wars, civil disturbances, strikes, power failures, interruptions of telecommunication or internet services, or other force majeure events.

1.13 THIRD-PARTY SERVICES DISCLAIMER


 Some Services may integrate or rely on third-party products, applications, or networks (including but not limited to GPS data providers, telecommunications operators, and map services). TraceMyTrail does not control and is not responsible for such third-party services, and provides no warranties regarding their availability, accuracy, or reliability. Users acknowledge that their use of such third-party services is subject to the terms and conditions of the respective providers.

1.14 JURISDICTION


 These Terms shall be governed by and construed in accordance with the laws of Italy. For any dispute arising from the interpretation or execution of these Terms, the parties agree to submit to the exclusive jurisdiction of the courts of Salerno, Italy, without prejudice to any mandatory provisions that may apply to the User.

1.15 SEVERABILITY AND WAIVER


 If any provision of these Terms is held invalid or unenforceable, such provision shall be severed from the Terms without affecting the validity of the remaining provisions. The failure of TraceMyTrail to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by TraceMyTrail.

SPECIAL CONDITIONS OF USE OF THE SERVICES

2.1 RULES GOVERNING THE LIVE TRACKING FEATURE

By activating the Live Tracking functionality, the User may invite third parties to view their ongoing route together with their most recent recorded position on a map. Once the invitation is accepted, the User will receive a notification confirming that the invitee “is following you.” The User acknowledges, however, that TraceMyTrail does not guarantee continuous tracking by the invitee, nor will the User be informed if the invitee stops following the shared route.

The User further understands that the location displayed is approximate, both in time and in space. Although TraceMyTrail makes efforts to update this information frequently, it cannot guarantee the precision of the displayed location, nor the uninterrupted availability of the third-party telecommunications services on which the transmission of such data depends.

The User also accepts that neither the Application nor the Services — including Live Tracking — are designed as safety tools, and therefore must not be relied upon in emergency or life-threatening circumstances. Finally, by using this functionality, the User expressly assumes and accepts the risks that come with sharing their location with others.

2.2 MAP STYLES AND SPECIAL CONDITIONS

All TraceMyTrail users may access and use the Maps within the Applications free of charge. However, it is strictly forbidden to connect directly to the Maps hosted on TraceMyTrail’s servers, to embed them into other products or applications, or to exploit them for commercial purposes, unless prior written authorization has been expressly granted by TraceMyTrail.