These Master Terms of Service ("Terms") govern your access to and use of PeakScout — the outdoor intelligence platform operated by PeakScout, Inc. ("PeakScout," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. State-specific addenda may supplement these Terms where required by applicable law — see Section 14.
PeakScout is an AI-powered outdoor recreation intelligence platform that aggregates, synthesizes, and presents real-time and forecast data from federal, state, and public sources including the National Oceanic and Atmospheric Administration (NOAA), Colorado Avalanche Information Center (CAIC), Gallatin National Forest Avalanche Center (GNFAC), West Central Montana Avalanche Center (WCMAC), Flathead Avalanche Center (FAC), Colorado Department of Transportation (CDOT), Montana Department of Transportation (MDT), US Forest Service (USFS), National Park Service (NPS), Bureau of Land Management (BLM), Colorado Parks & Wildlife (CPW), Montana Fish, Wildlife & Parks (MFWP), US Geological Survey (USGS), and Recreation.gov.
The Service delivers this intelligence through daily condition briefings, campsite availability monitoring, trail condition reports, avalanche danger summaries, peak and trail forecasts, storm intelligence and severe weather alerts, trip safety planning with emergency contact alerts, a guide marketplace, and related features. PeakScout currently covers outdoor recreation in Colorado and Montana, with expansion to additional states planned. PeakScout's Mountain IQ™ scoring system and 16 proprietary data layers are our original analytical work built on top of public source data.
1a. Forecast Services — Storm Intelligence
PeakScout's storm intelligence features aggregate severe weather watches and warnings from NOAA/NWS, storm loading data from USDA NRCS SNOTEL, activity-specific storm impact assessments derived from Open-Meteo forecast grids, and road closure status from CDOT (Colorado) and MDT (Montana). These features carry the following universal limitations that are part of our Terms:
Full storm intelligence limitations, alert delivery scope, and state-specific addendums (CO: CAIC/CDOT; MT: GNFAC/WCMAC/FAC/MDT) are at /legal/storms.
1b. Forecast Services — Data Accuracy & Assumption of Risk
PeakScout produces trail condition scores, river flow predictions, wave height estimates, campsite Go Scores, avalanche loading indicators, hatch predictions, and activity condition ratings by combining public data feeds from USGS, SNOTEL, NWS grid forecasts, Open-Meteo, CAIC, GNFAC, WCMAC, FNAC, CDOT, MDT, CPW, and FWP. These forecasts are subject to the following universal no-warranty clause that is part of our Terms:
Full forecast accuracy limitations, confidence rating scope, river flow and wave height modeling disclaimers, and state-specific addendums (CO: CAIC/CDOT/CPW; MT: GNFAC/WCMAC/FNAC/MDT/FWP) are at /legal/forecast.
2.1 Age Requirement
You must be at least 13 years of age to use PeakScout. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. Users under 13 are not permitted — if we discover an account belongs to a child under 13, we will delete it promptly.
2.2 Account Registration
To access subscription features, you must register with a valid email address and create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.
2.3 Account Accuracy
You agree to provide accurate, current, and complete information when registering. Impersonating another person, creating false accounts, or providing misleading information is prohibited and may result in immediate termination.
You agree not to:
Violations may result in immediate account termination and, where appropriate, referral to law enforcement.
4.1 PeakScout IP
The PeakScout platform, including its software, design, visual identity, Mountain IQ™ scoring algorithm, 16 proprietary data processing layers, briefing synthesis engine, and all content authored by PeakScout, is our exclusive intellectual property protected by copyright, trade secret, and other applicable laws. Nothing in these Terms transfers any ownership interest to you.
4.2 Public Source Data
Raw data from federal APIs (NOAA, CAIC, USGS, NPS, USFS, Recreation.gov, etc.) remains the property of the originating agency and is subject to each agency's terms of use and attribution requirements. PeakScout's transformation, aggregation, and scoring of that data is our original work. See our Data Sources page for full attribution and accuracy disclosures.
4.3 License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial outdoor recreation purposes. This license does not include the right to resell, redistribute, or create derivative products from Service data.
4.4 Feedback
If you submit feedback, feature suggestions, or bug reports to us, you grant PeakScout a perpetual, royalty-free license to use that feedback in any manner, without compensation or attribution to you.
The Service allows users to submit community condition reports, trail updates, wildlife sightings, dog hazard reports, trip logs, bucket-list contributions, and other user-generated content ("UGC") including submissions to the PeakScout community reporting system. Community trail reports are not verified by PeakScout staff. Always check official sources and exercise personal judgment — never rely solely on community reports for safety-critical decisions.
5.1 Your Responsibility & Submission Accuracy
By submitting a trail report or other UGC, you confirm that the information is accurate to the best of your knowledge and reflects current, firsthand conditions. You are solely responsible for the accuracy, completeness, and legality of UGC you submit. Submitting false or misleading outdoor condition reports that could endanger other users is prohibited and may expose you to civil or criminal liability. Do not include personally identifying information about third parties in community reports.
5.2 License to PeakScout
By submitting UGC, you grant PeakScout a non-exclusive, royalty-free, worldwide, perpetual license to display, distribute, aggregate, and use that content within the Service and in anonymized analytics. You represent that you own or have the rights to submit the content and that it does not infringe any third-party rights.
5.3 No Liability for Community Reports
PeakScout is not responsible or liable for any injury, death, property damage, loss, or harm arising from decisions made based on community-submitted reports. Community reports represent the personal observations of individual users at a specific time and location — they are not professional assessments, inspections, or official agency communications. Conditions change rapidly; a report submitted hours ago may no longer reflect current ground truth. Always consult official sources (CAIC, NPS, USFS, CDOT, CDFW, FWP) before undertaking any outdoor activity.
5.4 Moderation & Flagging
PeakScout reserves the right (but not the obligation) to review, edit, or remove any UGC without notice that is inaccurate, dangerous, illegal, offensive, or otherwise violates these Terms. We are not liable for UGC submitted by users or for any harm resulting from reliance on community-submitted data. Users may flag reports they believe are inaccurate or dangerous using the in-app flag mechanism. Reports that receive 3 or more independent flags are automatically hidden pending review — this is a safety-first design, not a determination of accuracy.
6.1 Subscription Tiers
PeakScout offers Free, Base, and Pro subscription tiers with different feature entitlements. Current pricing and feature details are published on the Pricing page and are incorporated into these Terms by reference.
6.2 Free Trial
Eligible plans may include a free trial period. Your payment method will be charged automatically when the trial period ends unless you cancel before the trial expires. PeakScout reserves the right to modify trial availability and duration at any time.
6.3 Billing
Subscriptions are billed on the cycle published at sign-up (monthly or annually). All payments are processed by Stripe, Inc. You authorize us to charge your payment method on each renewal date. PeakScout does not store raw payment card data — only a Stripe customer ID and subscription status.
6.4 Cancellation & Refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — you retain access through your paid period. No partial refunds are issued for unused time, except where required by applicable law. Gift code redemptions are non-refundable.
6.5 Alert Credits
Alert credits are non-refundable consumable purchases. Unused credits do not carry over between billing cycles unless otherwise stated at time of purchase.
6.6 Price Changes
We may change subscription prices on reasonable notice (not less than 30 days). If you do not agree to the new price, you may cancel before the next billing cycle. Continued use after the effective date constitutes acceptance.
Outdoor conditions can change rapidly, without warning, and without any corresponding update to data displayed on the Service. Mountain IQ™ scores, trail condition ratings, avalanche forecasts, and all other data outputs are probabilistic estimates based on available public data — not ground-truth verification.
You agree to defend, indemnify, and hold harmless PeakScout and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) UGC you submit; (c) your violation of these Terms; (d) your violation of any third-party right, including intellectual property or privacy rights; or (e) any activity you undertake in reliance on data or information provided by the Service.
10.1 Informal Resolution First
Before initiating any formal dispute, you agree to contact us at peakscout@polsia.app and give us 30 days to attempt informal resolution. Most disputes can be resolved quickly this way.
10.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. You waive your right to a jury trial and to participate in class action litigation.
10.3 Class Action Waiver
All disputes must be brought in your individual capacity, not as a plaintiff or class member in any class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
10.4 Small Claims Exception
Either party may bring an individual claim in small claims court in lieu of arbitration, so long as the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction.
10.5 Opt-Out
You may opt out of arbitration by sending written notice to peakscout@polsia.app within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Delaware is chosen for its well-developed, predictable body of corporate and technology law. To the extent court proceedings are required (e.g., to enforce an arbitration award or for matters excluded from arbitration), you consent to exclusive jurisdiction in the state or federal courts located in Delaware.
State-specific addenda (see Section 14) identify additional statutory frameworks applicable to users of PeakScout's services in Colorado (including CRS 33-41-101+ Recreational Use Statute, CRS 33-44-101+ Ski Safety Act, and related statutes) and Montana (including MCA 27-1-736 Recreation Responsibility Act, MCA 87-1-102 wildlife ownership, and related statutes). These state-specific statutes apply in their respective jurisdictions and supplement these Master Terms — they do not displace Delaware as the governing law for contract disputes between you and PeakScout. California and other states with enhanced consumer protection regimes are addressed in the Privacy Policy (Section 5) and applicable state addenda.
12.1 Changes to These Terms
We may update these Terms at any time. Material changes will be communicated via email to your registered address and/or a prominent notice in the Service at least 14 days before taking effect. Continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service and may cancel your subscription for a pro-rated refund under Section 6.4.
12.2 Termination by You
You may terminate your account at any time by canceling your subscription and requesting account deletion via peakscout@polsia.app. Access to paid features continues through the end of your current billing period.
12.3 Termination by PeakScout
We may suspend or terminate your account immediately for: material violation of these Terms; fraudulent or abusive conduct; failure to pay fees; or any reason with 7 days' notice. Upon termination, your license to use the Service ends. Sections 4, 5.2, 7, 8, 9, 10, and 11 survive termination.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect. The failure of PeakScout to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Master Terms are the foundational legal umbrella for all PeakScout services. Where state law requires additional disclosures, modifications to these Terms, or supplemental agreements, a State-Specific Addendum applies to users in that state. Addenda are additive — they supplement, not replace, these Master Terms. In the event of conflict between an Addendum and these Terms, the Addendum controls for residents of that state.
CAIC avalanche data, federal land liability, SOS connectivity limits, SAR disclaimer, lakes & paddling (CRS 33-13-101+, CRS 33-41-101+, CPW, BOR), backcountry skiing, rock/ice climbing, snowmobiling, ski resort, whitewater rafting, mountain biking (CRS 33-44-101+, CRS 33-41-101+, CRS 13-21-115), storm intelligence (CAIC/CDOT interaction, alert delivery limits), forecast accuracy (CAIC/CDOT/CPW data lag, river flow, wave height, assumption of risk). See Federal Land Disclaimer, SOS Disclaimer, Lakes & Paddling, Backcountry Skiing, Storm Disclaimer, and Forecast Accuracy.
GNFAC/WCMAC/FAC avalanche forecast accuracy (MCA 27-1-736), MFWP hunting & fishing regulation accuracy (MCA 87-1-102), Glacier & Yellowstone NPS bear country / timed entry / GTSR conditions (36 CFR Part 2), paddling (MCA 23-2-501+), fire lookout rental (rec.gov/USFS data lag), rock/ice climbing, storm intelligence (GNFAC/WCMAC/FAC/MDT interaction, alert delivery limits), forecast accuracy (GNFAC/WCMAC/FNAC/MDT/FWP data lag, river flow, wave height, assumption of risk). See Avalanche Disclaimer, Hunting & Fishing, Glacier / Yellowstone NPS, Storm Disclaimer, and Forecast Accuracy.
USFS, NPS, BLM assumption of risk; fee schedule disclaimers; recreation.gov no-bot policy. Applies to all PeakScout coverage areas. See Federal Land Disclaimer.
Enhanced privacy rights, no-sale election, 45-day response timeline. See Section 5 of the Privacy Policy.
PeakScout currently covers Colorado and Montana. As we expand to additional states, state-specific addenda will be published here covering liability rules, avalanche center attributions, state wildlife agency data sourcing, and park data sources. Expansion notice will be published in advance of new state launch.
Each addendum supplements these Master Terms for users in that coverage area. Addenda identify the applicable state/region, effective date, governing statutory framework, and any service-specific data accuracy limitations. In the event of conflict between an Addendum and these Master Terms, the Addendum controls for users in the applicable coverage area.
15.1 Current Coverage
PeakScout currently provides outdoor intelligence services for Colorado and Montana. Data sourcing, data accuracy commitments, and applicable state-law addenda in these Terms are scoped to these two states. References to "the Service" throughout these Terms apply to all current coverage states unless a section explicitly limits its scope to a single state.
15.2 State-Specific Data Accuracy Commitments
Each coverage state has unique public data providers, state agencies, regulatory frameworks, and inherent risk profiles. Data accuracy limitations and agency sourcing disclosures are provided in state-specific addenda (Section 14) and in the linked disclaimer pages. Data accuracy standards are not uniform across states — different agencies have different API reliability, update cadences, and geographic resolution. Users should review the relevant state addendum before relying on any condition data for outdoor activity planning.
15.3 Future State Expansion
PeakScout intends to expand coverage to additional states beyond Colorado and Montana. New state coverage will be announced on the Roadmap page in advance of launch. Each new state added to the Service will be accompanied by:
Until a state-specific addendum is published, PeakScout makes no representations about data accuracy or regulatory compliance for activities in states outside current coverage. Use of PeakScout data for activities in non-covered states is at your own risk and without the benefit of state-specific sourcing disclosures.
15.4 Data for Activities Near State Borders
Some outdoor activities (river corridors, national forests, wilderness areas) cross state lines. Where PeakScout displays data for features that cross state boundaries (e.g., Yellowstone National Park, which spans Wyoming, Montana, and Idaho), the data is sourced from the primary managing agency and may not reflect regulatory differences applicable to the non-primary state. Users should independently verify applicable regulations for cross-border activities.
Questions about these Terms? Contact us: