ScoutIQ

Legal

Terms of Service

Effective July 1, 2026  ·  Last updated July 1, 2026

Effective Date: July 1, 2026 Last Updated: July 1, 2026

PLEASE READ THESE TERMS CAREFULLY. Section 19 contains a BINDING ARBITRATION AGREEMENT and a CLASS ACTION WAIVER that affect your legal rights, and a 30-day right to opt out. Section 11 explains that ScoutIQ produces probabilistic forecasts, not guarantees, and is not a safety, navigation, or emergency device. Section 12 explains that you are solely responsible for knowing and following all hunting laws and land boundaries.

1. Agreement to These Terms

These Terms of Service (the "Terms") are a binding legal agreement between you and ScoutIQ LLC, a Colorado limited liability company doing business as ScoutIQ ("ScoutIQ," "we," "us," or "our").

These Terms govern your access to and use of:

(collectively, the "Service").

By creating an account, clicking "Create Account," "Sign Up," "I Agree," or any similar control, or by accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not create an account and do not use the Service.

2. Definitions

Term Meaning
Account The credentialed profile you create to access the Service.
Content All text, data, imagery, map layers, models, scores, forecasts, software, and other material made available by ScoutIQ through the Service.
User Content Anything you submit, upload, post, or create in the Service, including waypoints, pins, tracks, notes, harvest and observation logs, trail camera images, photographs, comments, and field reports.
Forecast Any movement score, probability, confidence value, peak activity window, habitat score, terrain classification, heat map, or other model output produced by the Service.
Third-Party Data Data supplied by government agencies, licensors, or other third parties, including land ownership, boundaries, weather, elevation, hydrography, imagery, and wildlife management data.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to children and we do not knowingly permit anyone under 18 to create an Account. If we learn that an Account belongs to a person under 18, we may suspend or delete it.

You represent that you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, and that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.

The Service is operated from the United States and is directed to users in the United States. We make no representation that the Service or any Content is appropriate or available for use elsewhere. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Where we knowingly offer the Service to users in the European Economic Area, the United Kingdom, or Switzerland, we will comply with the additional obligations that apply, including appointing a representative where required, and our Privacy Policy describes the protections that apply to you.

4. Your Account

4.1 Registration. You agree to provide accurate, current, and complete information when you register and to keep it updated.

4.2 Security. You are responsible for safeguarding your credentials and for all activity that occurs under your Account, whether or not you authorized it. Notify us immediately at support@huntingscoutiq.com if you suspect unauthorized access.

4.3 One person, one Account. Accounts are personal to you. You may not share, sell, rent, lend, or transfer your Account or its credentials, and you may not allow another person to use your Account. Accounts are for individual use; commercial guiding, outfitting, or resale use requires a separate written license from us.

4.4 Communications consent at signup. When you create an Account, you consent to receive communications from ScoutIQ as described in Section 5. Read that section before creating an Account.

5.1 Consent to electronic communications. You consent to receive all notices, disclosures, agreements, and other communications from us electronically, including by email to the address on your Account and by in-app message. You agree that electronic delivery satisfies any legal requirement that a communication be in writing.

5.2 Service communications. We will send you transactional and operational messages that are part of the Service, including account verification, password resets, security alerts, billing notices, changes to these Terms, and service announcements. These are not marketing messages. You may withdraw your consent to electronic delivery under Section 5.7, but because the Service operates entirely online, doing so means we will close your Account.

5.3 Marketing consent. BY CREATING AN ACCOUNT, YOU AGREE TO RECEIVE MARKETING AND PROMOTIONAL EMAIL FROM SCOUTIQ, including product updates, new feature announcements, hunting season and forecast content, research and beta invitations, surveys, referral and community program messages, and offers. We rely on this consent to operate, fund, and improve the Service.

5.4 How to stop marketing email. You may withdraw your marketing consent at any time by clicking the unsubscribe link in the footer of any marketing email or by changing your notification preferences in Account Settings. Withdrawal takes effect promptly and in any event within 10 business days. Withdrawing marketing consent does not stop the Service communications described in Section 5.2, and does not require us to delete your Account.

5.5 Text messages, if you opt in. We will not send you marketing text messages unless you separately and affirmatively opt in by checking the SMS consent box and providing your mobile number. If you do opt in, you agree that ScoutIQ and its agents may send you recurring automated marketing text messages, including messages sent using an automatic telephone dialing system, at the number you provide. Consent to marketing texts is not a condition of purchase or of using the Service. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for help. You may also revoke consent by any other reasonable means, including replying in your own words or emailing privacy@huntingscoutiq.com, and we will honor it within 10 business days. Carriers are not liable for delayed or undelivered messages.

5.6 Push notifications. If you enable push notifications, we may send forecast alerts, weather change alerts, and product messages to your device. You can disable push notifications in Account Settings or in your device settings at any time.

5.7 E-SIGN disclosures. Before you consent to electronic records under Section 5.1, you should know:

5.8 If you are in the EEA, UK, or Switzerland. Where applicable law requires separate, unbundled, opt-in consent for direct marketing, we collect that consent separately at signup with an unchecked checkbox and do not rely on Section 5.3 to send you marketing.

6. Beta and Early Access

Parts of the Service, including forecast models, terrain classification, habitat scoring, and any feature labeled "beta," "early access," "preview," "experimental," or similar, are provided for evaluation only. Beta features may be incomplete, inaccurate, unstable, changed, or withdrawn at any time without notice, and may contain more errors than a generally available feature. Beta features are provided "AS IS" with no warranty of any kind and no service level commitment. Do not rely on a beta feature for any decision where an error would cause you loss, injury, or legal exposure.

7. Subscriptions, Billing, and Refunds

7.1 Plans. The Service is currently offered free of charge. If we introduce paid tiers, current plans, prices, and included features will be shown at checkout. Subscriptions purchased inside the iOS app are processed through Apple's in-app purchase system, and subscriptions purchased inside the Android app through Google Play billing; web purchases are processed by our payment processor. We may change plans, features, and prices prospectively. Price changes to an existing subscription take effect at the start of your next billing period and we will give you notice before they apply.

7.2 Authorization to charge. By starting a paid subscription you authorize us and our payment processor to charge your payment method the then-current fee plus applicable taxes on a recurring basis.

7.3 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY at the end of each billing period (monthly or annual, as selected) at the then-current rate UNTIL YOU CANCEL. You will be charged within 24 hours before the start of each new period.

7.4 How to cancel. Cancel at any time in Account Settings, or, if you subscribed through the Apple App Store or Google Play, in your app store subscription settings. Cancellation takes effect at the end of the current billing period. You keep paid access until then. Deleting the app does not cancel your subscription.

7.5 Free trials. If we offer a free trial, you must cancel before the trial ends to avoid being charged. Unless stated otherwise, the trial converts automatically to a paid subscription at the end of the trial period. We may limit trials to one per person and may revoke a trial for abuse.

7.6 Refunds. Except where required by law, all fees are non-refundable and we do not provide refunds or credits for partial periods, unused time, or periods in which you did not use the Service. If you purchased through the Apple App Store or Google Play, refunds are governed by that store's policy and must be requested from the store, not from us.

7.7 App store purchases. Purchases made through a third-party app store are also subject to that store's terms. We do not control app store billing, receipts, or refunds.

7.8 Failed payments. If a charge fails, we may retry, suspend paid features, downgrade your Account to the free tier, or terminate the subscription. You remain responsible for amounts owed.

7.9 Taxes. Prices exclude taxes unless stated. You are responsible for all applicable sales, use, VAT, and similar taxes.

7.10 Automatic renewal notices and click-to-cancel. In addition to the disclosures shown at checkout, we will:

  1. present the automatic renewal terms, the recurring charge, the renewal frequency, and the cancellation policy in a visually distinct disclosure next to the purchase button, and obtain your affirmative consent to those terms separately from your consent to these Terms;
  2. send you a written acknowledgment after purchase, in a form you can retain, containing the automatic renewal terms, the cancellation policy, and instructions for cancelling;
  3. send you a reminder before renewal for any subscription term of one year or longer, between 15 and 45 days before the renewal date;
  4. send you a reminder before a free trial converts to a paid subscription, between 3 and 21 days before conversion, for any trial longer than 31 days; and
  5. allow you to cancel through the same medium in which you subscribed, in the same number of steps or fewer, with no retention offer you must decline and no requirement to call, chat, or email us.

Nothing in Section 7.6 limits any refund we are required to provide under an automatic renewal law.

8. License to Use the Service

Subject to these Terms and your payment of any applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and to view Content for your personal, non-commercial hunting and outdoor recreation use.

You may not:

  1. copy, scrape, crawl, harvest, index, mirror, cache beyond ordinary device caching, or systematically download any part of the Service or Content;
  2. use any robot, spider, script, headless browser, or automated means to access the Service or extract data from it;
  3. resell, sublicense, redistribute, publish, broadcast, or make the Service or Content available to any third party, including through a guiding, outfitting, consulting, or scouting-for-hire business, or in any product or newsletter;
  4. use the Service or Content to build, train, evaluate, or improve any commercially distributed machine learning model, dataset, forecast product, map product, or competing service, or to benchmark the Service for publication by a competitor;
  5. reverse engineer, decompile, disassemble, or attempt to derive source code, model weights, model logic, algorithms, scoring methodology, or underlying data structures;
  6. remove, obscure, or alter any copyright, trademark, watermark, attribution, or proprietary notice;
  7. circumvent, disable, or interfere with any security, rate limit, paywall, authentication, geofence, or usage restriction;
  8. probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measure;
  9. use the Service in a way that imposes an unreasonable or disproportionate load on our infrastructure, or that interferes with any other user's use;
  10. use the Service for any unlawful purpose, or in violation of any hunting, wildlife, trespass, privacy, export, or other applicable law.

All rights not expressly granted are reserved.

9. User Content

9.1 You own your content. You retain all ownership rights in your User Content. We do not claim ownership of your waypoints, tracks, photos, logs, or field reports.

9.2 License you grant us. You grant ScoutIQ a worldwide, non-exclusive, royalty-free, fully paid license, sublicensable only to service providers acting on our behalf and subject to Section 9.3, to host, store, reproduce, modify (for formatting and technical purposes), create derivative works from, analyze, and use your User Content solely to: (a) operate, provide, secure, and support the Service for you; (b) develop, train, validate, and improve our forecasting, terrain, habitat, and pressure models; and (c) create aggregated or de-identified data and insights.

As to precise location data, subsection (b) applies only to the extent you have enabled the location_research consent scope described in our Privacy Policy. Withdrawing that scope stops further use of your location data for model development.

9.3 Your locations stay private. This is a commitment, not a courtesy. We do not publish, sell, license, or make publicly visible your individual waypoints, tracks, harvest locations, trail camera locations, or precise location history. Where your field data informs our models or any public-facing output, it is aggregated across users and generalized to a coarse spatial cell so that no individual location, pattern, or identity can be reconstructed from it. We will not change this practice for existing data without your separate, affirmative opt-in.

9.4 Public and shared content. If you choose to post User Content to a public or shared area of the Service, or to share it with another user or group, you grant that audience the ability to view and use it consistent with the sharing setting you selected, and you grant ScoutIQ the additional right to display and distribute it in those areas. Think carefully before posting location detail publicly. We are not responsible for what others do with content you choose to share.

9.5 Your representations. For every piece of User Content you submit, you represent and warrant that: you own it or have all rights necessary to grant the licenses above; it does not infringe or misappropriate anyone's rights; it does not violate any law, including wildlife, trespass, and privacy law; it does not depict or facilitate any illegal take, poaching, trespass, or wanton waste; and it does not contain any person's identifiable image or personal information without their consent.

9.6 No obligation to monitor, right to remove. We are not obligated to review User Content, but we may. We may remove, restrict, refuse, or disable any User Content at any time, with or without notice, for any reason, including if we believe it violates these Terms, harms wildlife, exposes a sensitive location, or creates risk for us or others.

9.7 Backups. You are responsible for keeping your own copies of your important User Content. We are not a backup service and do not guarantee the retention, availability, or recoverability of any User Content.

9.8 Feedback. If you send us ideas, suggestions, bug reports, or feature requests, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation, credit, or obligation to you.

10. Acceptable Use

You agree not to use the Service to:

Violation may result in immediate suspension or termination, removal of content, and referral to law enforcement or the relevant wildlife agency.

11. Forecasts Are Predictions, Not Guarantees

READ THIS SECTION. IT DESCRIBES WHAT THE PRODUCT ACTUALLY DOES.

11.1 Probabilistic by design. ScoutIQ produces statistical estimates of the likelihood of wildlife activity based on terrain, habitat, weather, historical pattern, human pressure, and other modeled inputs. A movement score, peak window, confidence value, habitat score, or heat map is an estimate of probability under uncertainty. It is not a statement of fact, a promise, a guarantee, or a representation that any animal is, was, or will be present at any location or time.

11.2 Confidence values are also estimates. A confidence figure describes how much data supports a given output. A high confidence value does not mean the output is correct.

11.3 Wildlife is not deterministic. Animal behavior is influenced by countless factors we do not model and cannot observe, including other hunters, livestock, predators, local disturbance, hunting pressure that has not yet been reported, disease, drought, fire, and individual animal variation. Actual conditions in the field will differ from any Forecast.

11.4 No guarantee of outcome. We do not guarantee, and you agree not to expect, any hunting success, animal sighting, encounter, harvest, tag fill, or particular experience. Hunting outcomes depend on skill, effort, timing, luck, regulation, and conditions outside our control.

11.5 Terrain and habitat classifications are derived. Features such as saddles, benches, drainages, glassing knobs, travel corridors, burn scars, canopy, and water are algorithmically derived from remote-sensed and public data. They may be wrong, out of date, or absent on the ground. Verify everything in the field.

11.6 Your judgment governs. ScoutIQ is one input to your own decision-making. You are solely responsible for every decision you make about where to go, when to go, how to get there, and what to do when you are there.

12.1 NOT A SAFETY OR NAVIGATION DEVICE. The Service is not a navigation system, not a survival tool, not an emergency communication device, not a substitute for a map, compass, GPS unit, personal locator beacon, satellite communicator, or filed trip plan, and not a weather warning service. Do not rely on the Service for navigation, route finding, or emergency response. Carry redundant navigation and communication equipment appropriate to the terrain and conditions. Position data, elevation data, and routing derived from the Service may be inaccurate, delayed, or unavailable.

12.2 ASSUMPTION OF RISK. Hunting, hiking, backcountry travel, and outdoor recreation are inherently dangerous activities that can result in property damage, serious bodily injury, permanent disability, and death, from causes including but not limited to falls, exposure, hypothermia, heat illness, dehydration, avalanche, rockfall, drowning, wildfire, lightning, wildlife encounters, firearms and archery accidents, vehicle and ATV accidents, getting lost, equipment failure, loss of cellular or GPS signal, battery depletion, and the acts of other people. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK, KNOWN AND UNKNOWN, ARISING FROM YOUR USE OF THE SERVICE AND FROM ANY ACTIVITY IN WHICH YOU ENGAGE IN CONNECTION WITH IT. You are responsible for your own preparation, physical condition, equipment, skill, and decisions.

12.3 LAND OWNERSHIP AND BOUNDARIES. Land ownership, public and private boundaries, easements, access points, roads, closures, and unit and management-area boundaries shown in the Service are derived from third-party and government sources that are frequently incomplete, out of date, generalized, or wrong, and may not reflect recent transfers, leases, closures, or corrections. Displayed boundaries are approximations and have no legal effect. THE SERVICE IS NOT A LEGAL DETERMINATION OF LAND STATUS AND MUST NEVER BE USED AS THE SOLE BASIS FOR ENTERING ANY PROPERTY. Before you enter or hunt any parcel, independently verify its status with the county assessor, the managing agency, posted signage, and the landowner. You alone bear the risk and the legal consequence of trespass, including citation, fine, license revocation, and prosecution.

12.4 HUNTING LAW COMPLIANCE IS YOURS. Season dates, legal hunting hours, unit and season structures, weapon restrictions, tag and license requirements, draw results, quotas, bag limits, method-of-take rules, motorized and drone restrictions, transport and tagging requirements, and restrictions on the use of electronic devices and real-time information to aid take vary by state, unit, season, and year, and change without notice. Any regulatory information displayed in the Service is provided for convenience only, may be inaccurate or stale, and is not legal advice. You are solely responsible for knowing, verifying with the governing wildlife agency, and complying with every law and regulation that applies to you. If any feature of the Service would be unlawful to use where or how you intend to use it, do not use it.

12.5 Weather. Weather and environmental data come from third-party sources including the National Weather Service and commercial providers. It may be delayed, incomplete, or wrong. Never rely on the Service for severe weather awareness or life-safety decisions.

12.6 Connectivity. Much of the Service requires network connectivity. Coverage in the backcountry is unreliable. Cached and offline data may be stale. Assume the Service will be unavailable when you most want it and plan accordingly.

The Service incorporates Third-Party Data and third-party services, including but not limited to state wildlife agency data (such as Colorado Parks and Wildlife), federal land data (such as BLM and USFS), elevation and hydrography data (such as USGS 3DEP and NHD), weather data (such as the National Weather Service), mapping and imagery providers, hosting and infrastructure providers, and payment processors.

We do not control Third-Party Data or third-party services and we make no representation or warranty about their accuracy, completeness, currency, availability, or fitness for any purpose. Third-party terms and licenses may apply to certain data, and you agree to comply with them. Links to third-party sites are provided for convenience and are not an endorsement. Your dealings with any third party are solely between you and that third party.

14. Intellectual Property

The Service and all Content, including software, models, algorithms, scoring methodology, derived layers, designs, interfaces, text, graphics, and the compilation and arrangement of data, are owned by ScoutIQ or its licensors and are protected by copyright, trademark, trade secret, patent, and other laws.

"ScoutIQ," the ScoutIQ logo and symbol, "Scout Smarter. Hunt Confidently.," and our other marks are trademarks of ScoutIQ. You may not use them without our prior written permission.

Copyright complaints. If you believe content on the Service infringes your copyright, send a notice under 17 U.S.C. § 512(c)(3) to our designated agent at DMCA Agent, ScoutIQ LLC, dmca@huntingscoutiq.com including: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material to be removed and where it is located; your contact information; a statement of good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act. We will respond to valid notices, and we have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of repeat infringers.

Counter-notification. If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notification to the same address including: your physical or electronic signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your district (or, if outside the United States, for any district in which we may be found) and that you will accept service of process from the person who filed the notice. We may restore the material in 10 to 14 business days unless the complaining party notifies us that it has filed an action seeking a court order.

Misrepresentation. Under 17 U.S.C. § 512(f), knowingly materially misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages and attorneys' fees.

15. Privacy

Our collection and use of personal information, including precise location data, is described in our Privacy Policy. By using the Service you acknowledge that Policy. Where a conflict exists between these Terms and the Privacy Policy on a privacy matter, the Privacy Policy controls.

16. Suspension, Termination, and Changes to the Service

16.1 By you. You may stop using the Service at any time. You may delete your Account directly in the app, in Account Settings, without contacting us. You may also request deletion at huntingscoutiq.com/delete-account or by writing to support@huntingscoutiq.com.

16.2 By us. We may suspend or terminate your Account or access to any part of the Service at any time, with or without notice or cause, including if we believe you have violated these Terms, created risk or legal exposure, or if we discontinue the Service. If we terminate a paid subscription without cause, we will refund the unused prepaid portion of your subscription on a pro-rata basis.

16.3 Effect. On termination, your license ends immediately and we may delete your Account and User Content. No refund is owed except where required by law. Sections 7.6, 7.8, 9.2, 9.3, 9.5, 9.8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, and 23 survive termination.

16.4 Changes to the Service. We may add, change, suspend, or discontinue any feature, layer, data source, model, or tier at any time. We are building an evolving product and features you rely on today may change.

17. Disclaimers and Limitation of Liability

17.1 DISCLAIMER OF WARRANTIES. THE SERVICE, ALL CONTENT, AND ALL FORECASTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOUTIQ AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY DATA, MAP, BOUNDARY, WEATHER READING, OR FORECAST IS ACCURATE, CURRENT, COMPLETE, OR RELIABLE; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT.

No advice or information, oral or written, obtained from us or through the Service creates any warranty not expressly stated here.

17.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOUTIQ AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, HUNTING OPPORTUNITY, TAG, LICENSE, PREFERENCE POINT, OR TRIP EXPENSE, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CITATION, FINE, ARREST, PROSECUTION, LICENSE REVOCATION, OR OTHER LOSS ARISING FROM: (A) YOUR RELIANCE ON ANY FORECAST, SCORE, MAP, BOUNDARY, ROUTE, OR DATA; (B) YOUR PRESENCE IN OR TRAVEL THROUGH ANY LOCATION; (C) ANY ACT OR OMISSION OF ANY OTHER USER OR THIRD PARTY; OR (D) ANY UNAVAILABILITY, INTERRUPTION, OR INACCURACY OF THE SERVICE.

Nothing in this Section excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that cannot lawfully be excluded or limited.

17.3 CAP. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

17.4 Basis of the bargain. The disclaimers and limitations in this Section are a fundamental basis of the bargain between us and apply even if a limited remedy fails of its essential purpose.

17.5 Jurisdictional exceptions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms limits liability for gross negligence, willful misconduct, or fraud where such limitation is prohibited.

18. Indemnification

You agree to indemnify, defend, and hold harmless ScoutIQ and its officers, directors, members, employees, contractors, agents, licensors, and suppliers from and against any claim, demand, action, proceeding, loss, liability, damage, judgment, settlement, fine, penalty, cost, and expense (including reasonable attorneys' fees) arising out of or relating to:

  1. your User Content;
  2. your breach of these Terms or of any representation you make in them;
  3. your violation of any law or regulation, including any hunting, wildlife, trespass, or privacy law;
  4. your violation of the rights of any third party, including any landowner; or
  5. any activity you undertake in the field, whether or not informed by the Service.

This obligation does not apply to the extent a claim arises from our own negligence, gross negligence, willful misconduct, fraud, or violation of law.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense. You will not settle any matter that imposes any obligation on us without our prior written consent.

19. Dispute Resolution, Arbitration Agreement, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SCOUTIQ TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT UNDER SECTION 19.9.

19.1 Scope. You and ScoutIQ agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, any marketing or communication you receive from us, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination, will be resolved as set out in this Section. This includes disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except as stated in Section 19.6.

19.2 Informal resolution first. Before starting an arbitration, the party raising the dispute must send a written Notice of Dispute to the other. Send yours to legal@huntingscoutiq.com and 2262 Deer Trail Creek Dr, Brighton, CO 80601. We will send ours to the email on your Account. The Notice must state your name, the email on your Account, a description of the dispute, and the specific relief sought. The parties will attempt in good faith to resolve the dispute for 60 days after the Notice is received, including through an individualized telephone or video settlement conference if either party requests one. This is a condition precedent to arbitration; the statute of limitations and any filing-fee deadline is tolled during this period.

19.3 Binding arbitration. If the dispute is not resolved within 60 days, either party may commence binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The rules are at www.adr.org. The Federal Arbitration Act governs this Section, including its enforceability.

19.4 Arbitrator and procedure. One arbitrator will decide the dispute. The arbitrator is bound by these Terms and may award any individual relief available in court, including statutory damages and attorneys' fees where authorized by statute, but may not award relief to, or on behalf of, anyone who is not a party to the arbitration. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

19.5 Location and fees. Arbitration will be conducted by document submission, telephone, or video unless the arbitrator determines an in-person hearing is necessary. Any in-person hearing will take place in Denver County, Colorado, or, at your election, in the U.S. county where you live. Payment of filing, administration, and arbitrator fees is governed by AAA's rules; where AAA's rules would require you to pay a filing fee that exceeds the fee for filing suit in your local court, we will pay the excess for any non-frivolous claim.

19.6 Exceptions. Either party may (a) bring an individual action in small claims court if it qualifies and stays in that court, and (b) seek injunctive or equitable relief in court for infringement or misuse of intellectual property, unauthorized access, or violation of Section 8. Questions of arbitrability of class, collective, or representative claims are for a court, not the arbitrator, to decide.

19.7 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND SCOUTIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or preside over any form of representative or class proceeding. YOU AND SCOUTIQ WAIVE ANY RIGHT TO A TRIAL BY JURY. Nothing in this Section waives any right to seek public injunctive relief that cannot lawfully be waived. If this Section 19.7 is found unenforceable as to a particular claim or request for relief, including any claim for public injunctive relief, that claim or request will be severed and brought in the courts identified in Section 20 and stayed pending arbitration of the remaining claims, and the rest of this Section 19 remains in force.

19.8 Mass filings. If 25 or more claimants submit Notices of Dispute or arbitration demands raising substantially similar claims and are represented by the same or coordinated counsel, the parties agree the claims will be administered in staged batches of no more than 50, with a single arbitrator per batch and the limitations period tolled for claims awaiting a batch. This provision is intended to promote efficiency and does not waive any party's rights. If a claimant's demand has not been assigned to a batch within 180 days of filing, that claimant may elect to proceed in court, and ScoutIQ waives any objection to that election.

19.9 30-DAY RIGHT TO OPT OUT. You may opt out of this arbitration agreement (Sections 19.3 through 19.8) by sending written notice within 30 days of first accepting these Terms to legal@huntingscoutiq.com with the subject line "Arbitration Opt-Out," stating your name, the email on your Account, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms and will not affect your Account or your use of the Service.

19.10 Survival. This Section survives termination of your Account and of these Terms.

20. Governing Law and Venue

These Terms and any dispute between us are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 19. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration, you and ScoutIQ consent to the exclusive jurisdiction and venue of the state and federal courts located in Denver County, Colorado, and waive any objection to that venue or to personal jurisdiction there. Nothing here deprives you of the protection of mandatory consumer-protection law in your place of residence.

Time limit. To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within ONE (1) YEAR after it accrues, or it is permanently barred. This limitation does not apply to any claim under a statute that prohibits contractual shortening of its limitations period, or to any claim that cannot lawfully be shortened under the law of your state of residence.

21. Changes to These Terms

We may update these Terms. If we make a material change, we will give notice by posting the updated Terms with a new Effective Date and, for material changes, by email to the address on your Account or by in-app notice at least 30 days before the change takes effect (or immediately where a change is required by law or addresses a security or legal risk).

Your continued use of the Service after the Effective Date of an update means you accept the updated Terms. If you do not agree, stop using the Service and delete your Account before the change takes effect. No amendment applies to any claim that accrued before its Effective Date, and changes to Section 19 do not apply retroactively to a dispute for which a Notice of Dispute was already delivered.

22. Apple and Google App Store Terms

These terms apply if you obtained the app from the Apple App Store or Google Play.

23. General

23.1 Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms presented at checkout, are the entire agreement between you and ScoutIQ and supersede all prior understandings on the subject. Nothing in this Section disclaims liability for fraud, for fraudulent inducement, or for any statement we made to you outside these Terms in violation of consumer protection law.

23.2 Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions stay in full force.

23.3 No waiver. Our failure to enforce any provision is not a waiver of it.

23.4 Assignment. You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

23.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disaster, fire, flood, wildfire, war, terrorism, labor action, government action, epidemic, power or network failure, or failure of a third-party provider.

23.6 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship.

23.7 No third-party beneficiaries. Except as stated in Section 22, these Terms create no third-party beneficiary rights.

23.8 Notices. We may give notice by email to the address on your Account, by in-app message, or by posting on the Service. You give notice to us at legal@huntingscoutiq.com.

23.9 U.S. Government users. The Service is "commercial computer software" and "commercial computer software documentation." Government use is subject to the restrictions in FAR 12.212 and DFARS 227.7202.

23.10 Headings. Headings are for convenience only and do not affect interpretation.

24. Contact

ScoutIQ LLC d/b/a ScoutIQ 2262 Deer Trail Creek Dr, Brighton, CO 80601 General and support: support@huntingscoutiq.com Legal notices: legal@huntingscoutiq.com Privacy requests: privacy@huntingscoutiq.com

Notice for California users. Under California Civil Code § 1789.3, California users are entitled to the following notice. The provider of this Service is ScoutIQ LLC, 2262 Deer Trail Creek Dr, Brighton, CO 80601. To file a complaint or receive further information regarding use of the Service, contact us at support@huntingscoutiq.com, or write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210.

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