Supplementary Terms and Conditions
Thank you for your interest in the Navigr8 website and the Navigr8 mobile application (collectively called “Services”) provided to you by Navigr8.com. (“Navigr8”, “Our”, “Us”, or “We”).
The terms and conditions in this document supplement the Apple End User License Agreement (also referred to as the “Apple EULA”), which together constitute the entire agreement between You, the End User, and Navigr8 concerning Your use of Our Services and will herein be referred to as our “Terms”. In the event of a conflict between the terms of the Apple EULA and these Supplementary Terms and Conditions, the Supplementary Terms and Conditions will govern. If you do not agree to our Terms, you are not licensed or permitted to use our Services.
You agree that:
1) We are not responsible for the consequences of Your actions
1.1) By accepting our Terms you acknowledge that you are fully aware that the activities that you will track with our mobile application carry the risk of physical harm (even death) to yourself or others or material damage to your property or the property of others and that You take full responsibility for the consequences of Your actions. YOU USE OUR SERVICES ENTIRELY AT YOUR OWN RISK. NAVIGR8 HAS NO LIABILITY FOR PERSONAL INJURY OR BODILY HARM TO YOURSELF OR OTHERS OR DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF OTHERS THAT MAY RESULT FROM YOU USING OUR SERVICES.
1.2) Please take great care when using our mobile application. Only interact with the user interface when it is safe to do so and always stay within your limits and the limits that the law permits.
1.3) You are responsible for ensuring that the device on which you have installed our mobile application is properly mounted and stowed in a suitable enclosure for the activities in which you will be engaged. You acknowledge that following your device manufacturer's guidelines for proper mounting and use is essential to minimize risk. For example, you accept that mounting your device on the handlebars of your bicycle risks damage to or loss of said device. Risks include but are not limited to theft, sun damage, excessive vibrations, impacts, overheating, and water damage. We strongly recommend the use of weatherproof and shock-resistant enclosures for outdoor activities.
2) We are not responsible for Your health
2.1) YOU SHOULD CONSULT A PHYSICIAN BEFORE ENGAGING IN ACTIVITIES YOU INTEND TO TRACK WITH OUR SERVICES TO ENSURE THAT ANY ASSOCIATED PHYSICAL EXERCISE DOES NOT CONSTITUTE A RISK TO YOUR HEALTH.
2.2) NAVIGR8 DOES NOT PROVIDE HEALTH OR MEDICAL ADVICE EITHER IMPLICITLY OR EXPLICITLY. For example, the default heart rate zones in our mobile application are only indicative and you should consult a physician on what are suitable heart rate training zones for your particular condition.
3) We are not responsible for Your data
3.1) All data generated on our mobile application is stored locally on the device on which said mobile application is installed - no data is transmitted to remote databases controlled by Navigr8. Therefore IF YOU LOSE YOUR DEVICE THEN YOU ALSO LOSE YOUR DATA. Although we provide you with the capability to automatically backup your data to the Cloud it is Your responsibility to ensure that such backups are carried out promptly and that sufficient resources are available to fully back up your data.
3.2) We make no warranties on the quality of the data generated by Our mobile application. For example, location accuracy and GPS elevation is dependent on GPS signal strength, over which we have no control.
4) Data usage
4.1) Features of our Services, for example, maps, backups, and the sharing of files, will result in network data flows to and from your device and this might incur costs from your network service provider. Whilst we attempt to minimize network data usage through caching, we are not liable for any data usage costs arising from the use of our Services. If you are concerned about data usage costs then we advise you to consult with your network service provider before using our Services.
5) Downloading and Sharing data
5.1) We cannot control what data you download from the Internet. This might include for example tracks, or waypoints with imbedded text. As a consequence, we are not responsible for filtering offensive, misleading, or inaccurate downloaded data and cannot be held accountable for damages to yourself as a result of you downloading any data.
5.2) We have no control over who you share your data with. We have no visibility of your data other than when you specifically choose to send it to us. Navigr8 cannot be held liable for any damages to others that might result from the sharing of your data. Take great care when sharing data. Only share with people you know and trust.
5.3) None of your data is collected by us at any point other than outlined in the Apple EULA granting the collection and use of technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updated, product support and other Services to you.
6) Your Content
6.1) When you track your activities or put down waypoints you are generating your own content. Your content is Yours. Navigr8 does not claim any ownership rights to Your content.
6.2) If you choose to share your content with us through email or any other means, you grant Navigr8 a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such content, and to use, make, have made, sell, offer for sale, import, and export products and services based on such content. For this reason, we ask that you not share your content with Navigr8 if you do not wish to license the content to us as set forth above.
In addition, by submitting any content, you warrant that you own or have obtained all necessary rights and permissions to share that content with us. You agree not to upload, share, or submit any content that violates intellectual property rights, privacy, or other legal rights of any third party. Navigr8 is not liable for any content you share that infringes on third-party rights, and you agree to indemnify and hold Navigr8 harmless from any claims arising from such content.
7) External Sensors
7.1) It is not practical for us to test all sensors, APIs, or third-party services that could potentially connect with or integrate into our mobile application. We therefore make no warranties as to whether your particular sensor, API, or third-party service will be compatible with our mobile application. Navigr8 is not responsible for your acquisition or use of any third-party equipment, software, or services, and does not guarantee that they will function with our mobile application or will be error-free. For example, APIs from third-party services such as Zwift or Strava may transmit data over which we have no control, and any errors or omissions arising from third-party integrations are outside of Navigr8's responsibility.
8) Navigation
8.1) Our mobile application includes basic navigational aids intended specifically for cyclists. It should not be used for navigating vehicles other than bicycles. For example, aside from the directional information stored in your navigation track (which we do not independently verify), our mobile application has no information on the legal directions of road sections, traffic conditions, or real-time route updates. It is your responsibility to comply with local laws, traffic regulations, and road signs while using our Services. Navigr8 is not responsible for the consequences of navigational errors, which may result in traffic violations, accidents, or other incidents.
8.2) Our mobile application is intended for recreational use and should not be relied upon for critical applications like, for example, search and rescue.
8.3) It is your responsibility to ensure that you are equipped with alternative navigational options like paper maps, as electronics are never completely fail-safe. For example, your battery might not last the duration of your activity.
8.4) We provide a feature whereby you can automatically stage map tiles in the cache in advance of your activity. However, because of the volatile nature of the cache, we cannot guarantee that the maps will still be in the cache when you engage in your activity.
8.5) Never use our application in extreme conditions. For example, extreme high or low temperatures, high elevations, or high humidity, risks permanent damage to your device.
9) Functionality
9.1) Navigr8 reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of its Services, as well as any aspect pertaining to the use of its Services.
10) Your Conduct
You agree not to email, upload, transmit, or otherwise make available any content; and not to use the application in any way that:
10.1) is unlawful, illegal, or unauthorized
10.2) is defamatory or mean-spirited of any other person
10.3) is obscene or offensive
10.4) promotes discrimination based on race, gender, sexual orientation, religion,
nationality, disability, age, or other targeted groups
10.5) infringes any copyright, database right, or trademark of any other person
10.6) is likely to disrupt Our Services in any way
10.7) is likely to harass, upset, embarrass, alarm, or annoy any other person
10.8) advocates, promotes, or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse
We reserve the right, at our sole discretion, to suspend or terminate our Services to You in the event of You breaching any of the above. Furthermore, in the event of said suspension or termination no refund of unused subscriptions will be offered.
11) Third Party Software
11.1) Our Services use third-party software from Google Inc. Navigr8 is not responsible for what Google does with data it may gather when you use Google Maps. Google Maps are enabled in our mobile application by default. If you prefer you can switch to Apple Maps in our mobile application’s settings.
12) Feedback
12.1) We welcome your comments, feedback, suggestions, and other communications regarding our services. While you are not obligated to provide feedback, if you do provide feedback, you hereby grant Navigr8 a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such feedback. For this reason, we ask that you not send Navigr8 any feedback that you do not wish to license to us as set forth above.
13) Privacy Policy
Your privacy is very important to us and is set out in our privacy policy. A copy of our privacy policy can be found at http://www.navigr8.com/privacy-policy.html
14) DISCLAIMER
OUR SERVICES ARE PROVIDED TO YOU ON A “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. NAVIGR8 AND ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO OUR SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. NAVIGR8 AND ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEIR SERVICES WILL BE ACCURATE OR RELIABLE.
15) Changes to Terms and Conditions
15.1) Our Supplementary Terms and Conditions may be updated from time to time without notice to you and if updated, then we will indicate the date of the revision at the bottom of the Supplementary Terms and Conditions. You can review the most current version of our Supplementary Terms and Conditions here: http://www.navigr8.com/terms-of-use.html. It is up to you to periodically check our Terms at this location. By continuing to use the website and mobile application you are indicating your agreement to the terms and conditions and all revisions thereof. These terms and conditions should be read alongside Our Privacy Policy, which can be found at http://www.navigr8.com/privacy-policy.html.
15.2) By clicking the “I agree” button and using the mobile application you explicitly agree to follow and to be bound by the Terms and the Privacy Policy. If you do not agree to the Terms and Privacy Policy, You must immediately uninstall the mobile application and discontinue its use. By using the website and mobile application, you represent and warrant that you are 13 years of age, or older.
16) Force Majeure
16.1) Navigr8 shall not be liable or responsible for any failure to perform or delay in the performance of any of its obligations under these Terms that is caused by events outside of its reasonable control ("Force Majeure Events"). A Force Majeure Event includes but is not limited to, acts of God, war, terrorism, civil commotion, strikes, natural disasters, fire, flood, pandemic, governmental actions, interruptions in telecommunication services or internet service providers, power outages, or other events beyond Navigr8's reasonable control.
16.2) In the event of a Force Majeure Event, Navigr8's obligations under these Terms will be suspended for the duration of the event. Navigr8 will use reasonable efforts to resume the performance of its obligations as soon as reasonably practicable after the Force Majeure Event concludes.
17) Governing Law; Venue and Jurisdiction
17.1) These Terms and any disputes arising from or related to the use of our Services will be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. You agree that any claim or dispute you may have against Navigr8 must be resolved exclusively in a court located in New Zealand, and you hereby consent to the personal jurisdiction of such courts.
17.2) In addition, you agree to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to any claims or disputes brought in New Zealand courts. If you are a resident of a country outside of New Zealand, nothing in this section affects your rights under the laws of your home country, where applicable.
17.3) Where legally permissible, any dispute or claim arising out of or in connection with these Terms or the use of our Services may, at our discretion, be settled by binding arbitration, in accordance with the arbitration rules of the jurisdiction in which the dispute arises.
18) Sign in with Apple
18.1) If you choose to create an account using "Sign in with Apple," Navigr8 will create a unique account in our system and store your Apple ID name and email address. If you choose not to use Apple's email relay service, your real email address will be stored. If you opt to use the email relay service, only the relay email provided by Apple will be stored. In either case, your email address will be used to manage your account and, if you opt-in, to send newsletters.
18.2) By creating an account with "Sign in with Apple," you grant Navigr8 permission to store this information in our database. Your information will only be used for account management purposes or to send newsletters if you have opted in. You can unsubscribe from the newsletter via the link provided in each email.
18.3) If you wish to delete your account and associated data, you can request account deletion by contacting our support team at support@navigr8.com. We will remove your personal data from our system, in compliance with data protection regulations such as GDPR.
19) Children’s Privacy
19.1) Navigr8 is not directed at individuals under the age of 13 (or the minimum legal age in your jurisdiction for providing consent to data collection, if different). By using our Services, you represent that you are at least 13 years old, or have reached the minimum age required to provide legal consent in your jurisdiction.
19.2) We do not knowingly collect personal information from children under the age of 13 (or the applicable age of consent). If we become aware that we have inadvertently collected personal data from a child without verified parental consent, we will take steps to delete that information as quickly as possible.
19.3) If you are a parent or guardian and believe that your child under the age of 13 (or the applicable age of consent) has provided us with personal information, please contact us at support@navigr8.com, and we will work with you to delete any such information.
19.4) If we learn that any personal data collected belongs to a child under the age of 13 (or the applicable legal age in your jurisdiction), we reserve the right to terminate the account immediately and delete all associated data in compliance with applicable privacy laws.
20) In-app purchases and Subscriptions
20.1) Certain features of our Services may be made available through in-app purchases or subscriptions. These purchases are handled through the Apple App Store, and all billing, payment, and refund matters are governed by Apple's own policies.
20.2) When you make an in-app purchase or subscribe to a service within Navigr8, you agree to Apple’s terms and conditions regarding such purchases, including pricing, payment, and renewal policies. For information on managing your subscription, please refer to the instructions provided by Apple under your account settings.
20.3) Navigr8 does not process payments directly and is not responsible for resolving any issues related to billing or refunds. If you have questions about your payment, renewal, or refund, you must contact Apple directly through the App Store or visit their support page for assistance.
20.4) Subscriptions may automatically renew unless canceled at least 24 hours before the end of the current subscription period. You can manage your subscription and turn off auto-renewal through your Apple ID account settings.
20.5) Any promotional offers, free trials, or discounts offered within Navigr8 are also subject to Apple's terms and conditions. Navigr8 reserves the right to modify or discontinue such promotions without prior notice.
21) GDPR Compliance
21.1) Concerning data collection and processing, Navigr8 is committed to complying with the General Data Protection Regulation (GDPR). When you use our Services, including signing in with Apple, we collect and process certain personal data such as your name and email address (if you choose not to use the email relay feature). This data is stored in our secure database and is used for account management purposes, such as allowing you to access and use our app, and for sending newsletters if you have opted in.
21.2) The legal basis for processing your personal data is your explicit consent when you sign in with Apple and agree to create an account, or when you opt-in to receive newsletters. By using Navigr8 and creating an account, you consent to the processing of your personal data as described in these terms and in our Privacy Policy.
21.3) If you are located in the European Economic Area (EEA), you have the following rights regarding your personal data:
i) Right of Access: You have the right to request access to the personal data we hold about you.
ii) Right to Rectification: You have the right to request correction of any inaccuracies in your personal data.
iii) Right to Erasure: You have the right to request that your personal data be deleted. You can request account deletion by contacting us at support@navigr8.com.
iv) Right to Data Portability: You have the right to request a copy of your data in a structured, commonly used, and machine-readable format.
v) Right to Restrict Processing: You have the right to request that we restrict the processing of your personal data under certain conditions.
vi) Right to Object: You have the right to object to the processing of your personal data in certain circumstances, such as for direct marketing purposes.
21.4) Data Retention We retain your personal data for as long as your account is active, or as necessary to provide you with our Services. If you request to delete your account, we will delete your data in compliance with GDPR and other applicable regulations.
21.5) Data Security We take the security of your personal data seriously and implement appropriate technical and organizational measures to protect it from unauthorized access, loss, or misuse. However, no system is completely secure, and we cannot guarantee the absolute security of your data.
21.6) Data Transfers Outside the EEA Personal data we collect may be transferred to, and processed in, countries outside of the European Economic Area (EEA), such as the United States, where Firebase servers are located. We ensure that any such transfers are made in compliance with applicable data protection laws, including the use of appropriate safeguards such as Standard Contractual Clauses.
21.7) Consent Withdrawal You may withdraw your consent for us to process your personal data at any time. If you wish to withdraw consent or exercise any of the rights described above, please contact us at support@navigr8.com. Please note that withdrawing consent may affect your ability to use certain features of our Services.
21.8) Complaints If you believe we have not complied with your data protection rights, you have the right to lodge a complaint with your local data protection authority.
Contact us
You can contact us by sending an email to: support@navigr8.com
Last revised on September 19, 2024.