Terms of Service
1. Provider and scope
Skigator is provided by Philipp Gleich, Faunastraße 51, 40239 Düsseldorf, Germany, email support@skigator.com. These terms govern the use of the app. The terms of the app store you obtained it from apply in addition.
2. Service
Skigator offers maps, search, route planning, ski rounds, navigation, live status and offline maps for ski resorts. The map, piste, lift and status data behind it comes from third-party sources, above all OpenStreetMap and the resorts themselves, and can be incomplete, outdated or wrong. Routes, ski rounds, directions and times are computed from that data by our own software, which can contain errors too: a piste or lift can be missing, connected wrongly or graded differently from what you find on the mountain, and a suggested route or round is not necessarily the shortest, fastest or best one. Using the app is free of charge; downloading resort maps and using them offline requires a paid pass (section 5). We may change or discontinue free features; for a pass you have bought, section 5.10 applies.
3. Safety on the slopes
Skigator is an aid to orientation and does not replace your own judgement. Signs, closures, instructions from the resort and the ski patrol, and avalanche warnings always take precedence over anything the app shows or says. A suggested route may be closed, dangerous or unsuitable for your ability; difficulty levels follow the resort's own classification, and a run can be harder than its colour suggests.
Times, durations and arrival times are estimates: they assume an average pace and the usual wait at each lift, and during navigation the app adjusts them to your measured pace, but they remain estimates and yours can be considerably longer or shorter. Lift and piste status and opening hours come from the resorts; they can be wrong, missing or delayed and can change at short notice, so plan your way back so that you reach the last lift you need in good time.
Ski only on open, marked pistes. Ski routes are marked but neither groomed nor patrolled, and freeride terrain is unsecured avalanche terrain that the app shows for orientation only; whether to enter either is your decision alone, and it calls for the knowledge, equipment and conditions such terrain demands. Do not operate the device while moving. Your position on the map depends on your device's GPS, which can be imprecise or drop out, and batteries fail. In an emergency, call the local emergency number (112 in Europe, 911 in the US and Canada) or the resort's ski patrol.
4. Account
An account is optional. With an account, your settings, favourites, saved trips and recent searches are kept in sync across your devices. You must be at least 16 years old, provide your own email address and keep your password secret. You can delete the account in the app at any time.
5. Offline passes
Using the app is free. Downloading a resort's map and using it without a mobile signal is a paid extra.
- The passes. A day pass (24 hours), a week pass (7 days) and a season pass (365 days), each running from the moment of purchase. All three unlock every ski resort in the app; they differ only in how long they run. If you buy a further pass while one is running, both run from their own purchase; the one that ends later applies.
- No automatic renewal. All passes are one-off purchases. Nothing renews, and you are never charged a second time. Offline maps can be used while a pass runs. When it ends, downloaded maps stay on your device but only work offline again with a new pass; online use of the app stays free.
- Purchase and payment. Passes are sold through the App Store or Google Play. For the purchase and the payment, the store is your contracting party; we never see or receive your payment details. The store's terms and the payment methods held in your store account apply.
- Refunds and right of withdrawal. Because the purchase contract is with the store, refunds and the statutory right of withdrawal for digital content are handled by the store under its rules: for the App Store by Apple (reportaproblem.apple.com, or "Report a problem" on the receipt), for Google Play by Google within 48 hours of the purchase. After that, contact us: a purchase made through Google Play we can refund ourselves where the law or fairness requires it; with an App Store purchase we will help you with your request to Apple.
- Defects. If the offline download does not work as described, tell us (in the app under Support, topic "Billing & purchases"). We will fix the problem or, where that is not possible within a reasonable time, extend or replace your pass. Your statutory rights, including those for digital products under sections 327 et seq. of the German Civil Code (BGB), remain unaffected.
- Where a pass lives. A pass is held on the device it was bought on; "Restore purchases" in the app brings it back after a reinstall. It belongs to the first account that is signed in on that device while the pass runs (if that account is deleted, to the next one); other accounts can use it only on that device. While you are signed in to the owning account on another device, Android or iOS, the pass works there too, within the following limit, and stops working there when you sign out. A day or week pass can be used on up to two devices, a season pass on up to five; the device it was bought on is always one of them. Another device counts from its first download with the pass or, if maps are already downloaded on it, as soon as you are signed in to the account there, because those maps then work offline with the pass; signing out does not free its place. Reinstalling the app on the same device does not count as a new device; a new or reset device does. If you lose or replace a device, contact support and we will free its place. Without an account a pass cannot be moved to another device.
- Fair use. The number of downloads started per day is capped to keep the service stable; the cap is set well above what normal use reaches. Separately, the map provider limits how much offline map data one device can hold at a time. If a pass is used in an automated or otherwise abusive way, we may block downloads for the device concerned; this does not apply where you are not responsible for the breach, and your statutory rights remain unaffected.
- Prices. The prices shown in the store include VAT. We may change prices for future purchases; a pass you have already bought is unaffected.
- Updates. We provide the updates needed to keep the app and the offline download working for the duration of your pass, and beyond that for as long as you can reasonably expect, and we inform you about them through the app store. If you do not install an update within a reasonable time, we are not liable for a defect that results solely from the missing update.
- Changes during a pass. A pass you have bought is not affected by changes to the app or to these terms. Should we have to discontinue or materially restrict offline downloads while your pass is running, we will tell you in advance; you may then end the pass, and we refund the price for the remaining term pro rata or, if you prefer, provide an equivalent replacement.
6. Your contributions
Reports, feedback and support requests must be truthful; spam, deliberately false reports and personal data of other people are prohibited. You grant us a non-exclusive, worldwide, royalty-free and perpetual right to store and edit contributions, to incorporate them into the app’s data and to pass them on to OpenStreetMap under the Open Database License (ODbL) without any link to you. We may reject contributions and suspend accounts in case of abuse.
7. Acceptable use
Automated querying of our services, circumventing technical protections, disrupting operation, reverse engineering beyond what the law permits, and using the Mapbox map material outside the app are prohibited. These restrictions do not extend to data from OpenStreetMap or data derived from it: your rights in that data under the Open Database License (ODbL) remain unaffected (see section 8).
8. Rights
You receive a non-exclusive, non-transferable right to use the app for private purposes. Map data: © OpenStreetMap contributors, ODbL. Maps: © Mapbox. Further notices in the app under Acknowledgements.
The app's routing and terrain data is derived from OpenStreetMap and is therefore a derivative database under the ODbL. If you use the app, you may request a machine-readable copy of that data; we provide it free of charge under the ODbL. Requests go to the contact address in the imprint.
9. Liability
Our liability is limited as follows.
- For slightly negligent breaches of essential contractual obligations – obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely – we are liable only for the foreseeable damage typical of this kind of contract.
- Otherwise our liability for slight negligence is excluded. This applies in particular to damage that results from relying on the app alone, contrary to section 3, or from errors in the data and calculations described in section 2.
- These limitations do not apply to damage from injury to life, body or health, to damage that we, our legal representatives or our vicarious agents cause intentionally or by gross negligence, to liability under the Product Liability Act, or to a guarantee we have expressly given.
10. Changes and termination
We may change these terms and will announce material changes in the app beforehand; a pass you have already bought is not affected by such changes (section 5.10). You may stop using the app at any time; we may suspend accounts in case of violations.
11. Final provisions
German law applies; mandatory consumer protection of your country of residence remains unaffected. We do not take part in proceedings before a consumer arbitration board. Invalid provisions do not affect the rest.