1. Acceptance
These Terms of Use ("Terms") form an agreement between you and
("we", "us"), the developer of the
Trailmark Android application (com.goodluck3301.gpstracking, "Trailmark",
"the app"). By downloading, installing, or using the app you agree to them. If you do
not agree, do not use the app.
If you obtained Trailmark from Google Play, the Google Play Terms of Service also apply to that distribution. Where they conflict with these Terms in respect of the download itself, they prevail.
2. Licence to use the app
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use Trailmark on devices you own or control, for your own personal or internal business purposes. The app is provided free of charge and contains no advertising, in-app purchases, or subscriptions.
This is a licence, not a sale. We retain all rights not expressly granted here.
3. Eligibility
You must be at least 13 years old, or the minimum age of digital consent where you live if that is higher, to use Trailmark. If you are under the age of majority in your jurisdiction, you may use the app only with the involvement of a parent or guardian who accepts these Terms on your behalf.
4. Safety and navigation
Read this section even if you skip the rest.
Trailmark is a recording and reference tool. It is not a safety device, a survival tool, an emergency beacon, or a certified navigation system, and it must never be the only thing standing between you and getting home.
Satellite positioning is imprecise and sometimes badly wrong. Accuracy degrades under tree cover, in canyons and cities, indoors, in poor weather, and when your device's hardware or battery is struggling. Recorded tracks may contain gaps, drift, or erroneous points. Elevation, distance, speed, and time figures are estimates derived from that imperfect data and should not be treated as measurements of record.
The app depends on your device continuing to work. Battery exhaustion, overheating, water damage, an Android power-saving policy killing the recording service, a system update, or a crash can all end a recording without warning. Do not plan around the assumption that a track will be complete.
You are solely responsible for your own safety. Specifically, you agree that:
- You will carry independent means of navigation — a map, a compass, local knowledge — and the competence to use them, particularly in remote or hazardous terrain.
- You will not rely on the app for emergency, rescue, medical, aviation, marine, or any other safety-critical purpose.
- You will not operate the app while driving, cycling, or otherwise moving in a way that requires your attention, and you will obey all applicable traffic and safety laws.
- You will assess conditions, terrain, weather, and your own capability yourself, and you accept the risks of the activities you undertake.
- You will not follow a recorded or imported route into terrain you have not judged to be safe. A route existing in the app is not evidence that it is passable, legal, or appropriate for you today.
5. Acceptable use
You agree not to:
- Use the app to track, follow, monitor, or record the location of another person without their informed and freely given consent. Covert tracking of a partner, family member, employee, or anyone else is prohibited and is a criminal offence in many jurisdictions.
- Use the app to trespass, to enter restricted, protected, or prohibited areas, or in breach of any land access rule, park regulation, or local law.
- Reverse engineer, decompile, or disassemble the app, except to the extent that applicable law expressly permits it despite this restriction.
- Remove or alter any proprietary notices, or redistribute, sublicense, rent, or sell the app or a modified version of it.
- Interfere with the app's security measures, or use it to distribute malware or deliberately malformed route files.
- Use the app in any way that breaks the law or infringes someone else's rights.
6. Your content and backups
Routes, waypoints, photos, notes, and templates you create in Trailmark are yours. We claim no ownership of them and, because the app has no servers, we never receive them.
You are responsible for what you record and attach — including having the right to use any photo you import, and respecting the privacy of anyone appearing in it. You are also responsible for what you do with an exported route: a route file reveals precisely where you were and when, so consider carefully before sending one, publishing it, or uploading it anywhere.
Backups are your responsibility. Data lives only on your device unless you export it or back it up yourself. Uninstalling the app, clearing its storage, losing or damaging the device, or a defect in the app can all result in permanent loss. We are not able to recover your routes, and we are not liable for losing them. Export anything you would be upset to lose.
7. Permissions and device settings
Trailmark needs location permission to do anything useful, background location permission to keep recording with the screen off, and notification permission to show recording status. It may also ask to be exempted from battery optimisation so Android does not stop a recording in progress.
Granting these is your decision, and you can revoke them at any time in Android settings. If you decline or revoke them, the corresponding features will not work, and we are not responsible for recordings that are incomplete or never start as a result. Equally, we are not responsible for device-manufacturer power management that terminates the recording service despite the app's efforts to stay alive.
8. Third-party services
The app uses Google Play services for location and Google Maps for map display. Your use of these is also subject to the terms and policies of their providers, including the Google Terms of Service, the Google Maps/Google Earth Additional Terms of Service, and the Google Privacy Policy.
Map data, imagery, and place information come from those providers and may be inaccurate, incomplete, or out of date. We do not control them, do not warrant them, and are not responsible for changes, outages, or discontinuation on their side that degrade or break parts of the app. The same applies to any other app you share a route to or hand navigation off to.
9. Privacy
Our handling of information is described in the Privacy Policy, which forms part of these Terms. In short: your data stays on your device unless you deliberately export, share, or back it up, and there is no analytics, advertising, or tracking in the app.
10. Availability and updates
We may update, change, suspend, or discontinue Trailmark, or any of its features, at any time and without notice. Updates may be required for the app to keep working with new versions of Android or with third-party services. We are under no obligation to provide support, maintenance, updates, or continued availability, and nothing here promises a future feature.
11. Intellectual property
The app, its source code, design, name, and logo are owned by us or our licensors and are protected by copyright and other laws. Third-party components included in the app remain the property of their respective owners and are used under their own licences.
12. Disclaimer of warranties
The app is provided "as is" and "as available", without warranty of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the app will be uninterrupted, timely, secure, or error-free; that positions, distances, elevations, statistics, or navigation guidance will be accurate; that recordings will be complete or free from data loss; or that defects will be corrected.
13. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, loss of profits, loss of goodwill, personal injury, property damage, or costs of substitute services, arising out of or relating to your use of — or inability to use — the app, whether based in contract, tort (including negligence), strict liability, or any other theory, and even if we have been advised of the possibility of such damages.
Because the app is supplied free of charge, our total aggregate liability to you for all claims relating to the app is limited to the greater of the amount you actually paid for it (which is zero) or [AMOUNT, e.g. USD 50].
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any statutory consumer rights you have that cannot be waived. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages, so parts of the two sections above may not apply to you.
14. Indemnity
You agree to indemnify and hold us harmless from any claim, demand, loss, liability, or expense (including reasonable legal fees) brought by a third party and arising from your use of the app, your breach of these Terms, your violation of any law, or your infringement of anyone's rights.
15. Termination
You may end this agreement at any time by uninstalling the app. We may suspend or terminate your licence if you materially breach these Terms. On termination, the licence in section 2 ends and you must stop using the app; sections 6, 11, 12, 13, 14, and 16 survive.
16. Governing law and disputes
These Terms are governed by the laws of your country of residence, and you may bring proceedings in the courts there. Nothing in these Terms limits the mandatory consumer-protection rights you have under those laws.
If any provision of these Terms is held unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will stay in force. Our failure to enforce a provision is not a waiver of it.
17. Changes to these terms
We may revise these Terms as the app changes. The revised version takes effect when published here, with an updated date at the top; material changes will be signalled in the app or in the store listing's release notes. Continuing to use Trailmark after that means you accept the revised Terms. If you do not accept them, uninstall the app.
18. Contact
Questions about these Terms can go to levonmyan22@gmail.com.
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