Piste End User License Agreement
Last Updated: 12 February 2025
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User License Agreement (hereinafter, "Agreement") creates a legally binding Agreement between you, as an end user of our services (hereinafter, "End User"), and the following company: Silicon Foundry (hereinafter, "Company"). You will be referred to through second-person pronouns such as "your" and "yours." We, the Company, will be referred to with pronouns such as "us," "our," and "ours." Collectively, you and the Company may be referred to as the "Parties" and individually as "Party."
This license governs the use of all of our software products (hereinafter, "Software"), specifically:
Piste
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Software immediately.
Piste is an unofficial third party app that must be used at your own risk, please check with your device provider if they permit such apps to be used.
SOFTWARE LICENSE: When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable license to use the Software ("License"). This License extends to the use of documentation, data, or information developed by the Company, and other materials which may assist in your use of the Software. This License may not be transferred to any third parties without express, lawful, written permission from the Company and this License terminates upon your cessation of use of the Software.
This License shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Company.
The company and the you acknowledge that the EULA is concluded between the company and the you only, and not with Apple. The company, not Apple, are solely responsible for the Licensed Application and the content thereof.
This License conforms with the Apple Media Services Terms and Conditions as of the Effective Date (which the company has had the opportunity to review).
LICENSE: The License is provided at no additional cost in conjunction with the free nature of the Software. No fees are collected from End Users. License is non-transferable and grants use of the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You accept any use of subscriptions within the application are subject to the terms of service agreement.
ADDITIONAL TERMS: Additional terms may be applicable to the Parties' relationship with each other, such as the Company Terms & Conditions or Terms of Use, the Company Privacy Policy, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.
APPLICATION PURPOSE: The app is intended for supplemental informational guidance only (e.g trail maps, lift statuses and weather updates) and is not a substitute for professional advice or real-time safety decisions.
This app is not a safety tool and is not a substitute for any recommended safety equipment.
USER RESPONSIBILITIES: The User is required to obey all ski resort rules, signage and instructions from staff.
The user must not rely on the app for safety, or use it as substitute any safety equipment including (but not limited to): Trail Maps, Transponders, Responders, Radios, Beacons, Satellite Phone, Avalanche Detectors, or any location sending device.
The user is responsible for maintaining their devices functionality e.g Battery, GPS, WIFI, Cellular data. The device should be monitored frequently whilst using Piste.
The user must ski responsibly, safely and assess their route, speed etc, at all times whilst using the app.
The user is responsible for their own insurance, ski pass validity and personal liability when visiting any areas displayed on the map (i.e On/Off Piste, Snowparks etc).
The user is to make reasonable attempt to report any errors or omissions in the software using the in built reporting function, or via email problem@pisteapp.com.
The user not to attempt any POI markers and/or challenges if its not safe to do so, and should abandon any progress.
PROHIBITED USE:
Using the application to compete in any race or time trial official or unofficial.
Using the application to record excessive speed.
Using the application to stalk or harass other users.
Using the application on a device you do not own or have permission to use it on.
DISCLAIMER OF ACCURACY:
Trail Data, Weather Data and lift operations are subject to change without notice. We do not guarantee real-time accuracy.
Challenges and POI markers - Whilst every effort is made to digitally verify their placement and feasibility - points have not been physically verified or scrutinized, including for any condition/adverse event that may arise on the day you may attempt them. These should strictly be considered historical guidance.
The majority of trail and lift data is crowd sourced using OpenStreetMap, we do not take responsibility for the accuracy of this data.
GPS Positioning can be inaccurate in mountain environments, Piste will reflect this inaccuracy.
ASSUMPTION OF RISK:
Skiing and snowboard involve inherent risks, including injury or death. Usage of this app does not mitigate these risks.
You assume all risk associated with weather, avalanches or terrain conditions.
INTELLECTUAL PROPERTY: You agree that the Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
You and the company acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, The company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
ACCEPTABLE USE: You agree not to use the Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Software in any way that could damage the Company website, services, or general business of the Company.
You further agree not to use the Software:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Company website;
b) Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
c) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
MAINTENANCE: This License includes Software maintenance and limited support as applicable by law. The company and you must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
SPAM POLICY: You are strictly prohibited from using the Software or any of the Company's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
SERVICE INTERRUPTIONS: The Company may need to interrupt access to the Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
WARRANTIES: You agree that your use of the Software is at your sole and exclusive risk and that the Software is provided on "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Software will meet your needs or that access to the Software will be uninterrupted or error-free. The Company also makes no warranties as to the reliability or accuracy of any information contained within the Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Software is your sole responsibility and that the Company is not liable for any such damage or loss.
In the event of any failure of the Licensed Application to conform to any applicable warranty, the you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
LIMITATION ON LIABILITY: The Company is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of fifty pounds (£50) UK Sterling or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
The company and you acknowledge that company, not Apple or Google, are responsible for addressing any claims relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
GOVERNING LAW: These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Silicon Foundry and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England And Wales, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in the England And Wales.
DISPUTE RESOLUTION Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the Chartered Institute of Arbitrators (CIArb) being part of the Chartered Institute of Arbitrators having its seat in London, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the England And Wales.
Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
EMBARGOS: You represent and warrant that (i) you are not located in a country that is subject to a U.K. Government embargo, or that has been designated by the U.K. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.K. Government list of prohibited or restricted parties.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: apps@jackdye.co.uk.
CONTACT: Any End-User questions, complaints or claims with respect to the Licensed Application should be directed to:
JOHN DYE
EMAIL: legal@jackdye.co.uk
POSTAL ADDRESS: Sir Henry Darville, 10 William St, Windsor, SL4 1BA
THIRD PARTY AGREEMENTS:
i) You must comply with the Mapbox terms of service when using the Application, you must not be in violation of mapbox data service agreement when using the application.
https://www.mapbox.com/legal/tos
ii)
a) The company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the you as a third party beneficiary.
b) The company and you acknowledge and agree that Google, and Alphabet’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the you as a third party beneficiary.