Terms of Service

Last updated: September 4, 2026

These Terms of Service ("Terms") govern your use of the Peaksur mobile application and the peaksur.com website (together, the "Service"). The Service is operated by Peaksur LLC, a California limited liability company ("Peaksur", "we", "us"). By creating an account or using the Service, you agree to these Terms.

1. Who can use Peaksur

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Service. By using Peaksur you confirm that you meet this requirement.

2. Your account

You are responsible for your account and for keeping your sign-in credentials secure. You may delete your account at any time in the app (Profile → Settings → Delete Account); deletion is permanent.

3. Subscriptions (Peaksur Premium)

4. Your content

You keep ownership of the photos, videos, posts, and other content you share ("User Content"). By posting publicly, you grant Peaksur a non-exclusive, worldwide, royalty-free license to host, display, and distribute that content within the Service so other users can see it. This license ends when you delete the content or your account, except where content has been shared with others who have not deleted it.

You are responsible for what you upload. By sharing User Content — including any audio, music, or voice recordings you import into your films — you represent and warrant that you own it or have all rights necessary to use and share it. Do not upload music or other audio you do not have the rights to; licensed catalog music offered in the app is played as an attributed preview and is never embedded in your exported videos.

5. Community rules

Peaksur has zero tolerance for objectionable content and abusive users. You agree not to post content that is illegal, harassing, hateful, sexually explicit, violent, deceptive, or that infringes anyone's rights. You also agree not to misuse the Service (spam, scraping, reverse engineering, or interfering with its operation).

Every public surface in the app provides tools to report content and block users (the ••• menu on posts, journals, and profiles). Content you report is hidden from your view immediately, and blocking a user removes all of their content from your experience. We review reports within 24 hours and remove violating content and the accounts that post it, with or without notice.

6. Outdoor activities — assumption of risk

Hiking, running, cycling, and other outdoor activities are inherently risky. Peaksur provides maps, trails, routes, weather, and tracking for information only. Data may be inaccurate, incomplete, or out of date. You are solely responsible for your own safety: assess conditions, carry appropriate equipment, and use your own judgment. Never rely on the app as your only navigation or safety tool. To the fullest extent permitted by law, you assume all risk arising from your outdoor activities.

7. Third-party services

The Service uses third-party providers, including Apple (App Store billing, Weather, Music, Health), Stripe and Link (peaksur.com billing; Link is the merchant of record for web purchases under the Link terms), Mapbox (maps), and Google Firebase (infrastructure). Their terms apply to their services. Weather data is provided by Apple Weather. Map data © Mapbox and © OpenStreetMap contributors.

8. Map data

Trail, route, and point-of-interest data in Peaksur is derived in part from OpenStreetMap, © OpenStreetMap contributors, which is made available under the Open Database License (ODbL). In keeping with that license, the OpenStreetMap-derived subset of our database is available on request under the ODbL — email [email protected]. Trail data can be wrong or out of date; see section 6. Map rendering is © Mapbox.

9. Intellectual property

The Service, including its design, software, and branding, belongs to Peaksur and its licensors. These Terms don't grant you any right to use the Peaksur name or logo.

10. Copyright complaints

We respond to copyright infringement notices under the DMCA. To report infringement, follow our Copyright Policy and send your notice to our designated agent: Copyright Manager, Peaksur LLC, 3400 Cottage Way, Ste G2 #36472, Sacramento, CA 95825-1474, phone 707-676-3605, [email protected]. We remove infringing content promptly and, in appropriate circumstances, terminate the accounts of repeat infringers.

11. Disclaimers and limitation of liability

The Service is provided "as is" without warranties of any kind. To the fullest extent permitted by law, Peaksur will not be liable for indirect, incidental, special, consequential, or punitive damages, or for personal injury or property damage arising from your use of the Service or from outdoor activities, and our total liability for any claim is limited to the amount you paid us in the 12 months before the claim (or $50 if you paid nothing). Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.

12. Changes to the Service or these Terms

We may modify or discontinue features, and we may update these Terms. If a change is material, we'll notify you in the app or by email before it takes effect. Continuing to use the Service after a change means you accept the updated Terms.

13. Governing law and venue

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any such dispute will be brought exclusively in the state courts located in Sacramento County, California, or the United States District Court for the Eastern District of California, and you and Peaksur each consent to personal jurisdiction and venue there. If the consumer-protection law of the place where you live gives you the right to bring a claim in your local courts, nothing in this section takes that right away.

14. Contact

Questions about these Terms: [email protected]