Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you and Powdorf ("Powdorf", "we", "us", or "our") governing your access to and use of beta.powdorf.com and any related sites, services, content, and features (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have full legal capacity to enter into these Terms.

2. License to use

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. No other rights are granted by implication, estoppel, or otherwise.

3. Intellectual property and prohibited uses

All content available on the Service — including the Powdorf brand, name, logos, copy, layouts, design system, code, compiled resort data, route logic, prompts, and the itineraries, summaries, and recommendations generated by our AI ("Powdorf Content") — is and remains the exclusive property of Powdorf and/or its licensors and is protected by copyright, trademark, trade dress, database, and other intellectual-property laws worldwide. AI-generated output produced by the Service is considered Powdorf Content for the purposes of these Terms.

You agree that you will not, and will not permit any third party to:

• copy, scrape, crawl, harvest, mirror, frame, republish, redistribute, sell, license, or otherwise commercially exploit any portion of the Service or Powdorf Content;
• use any portion of the Service or Powdorf Content to train, fine-tune, ground, retrieve-augment, or otherwise develop any machine-learning model, dataset, embedding, or AI system;
• create derivative works based on the Service or Powdorf Content;
• use automated systems (bots, spiders, headless browsers, scripts) to access the Service except for well-behaved indexing by recognized search engines acting in accordance with our robots.txt;
• circumvent, disable, or interfere with security, rate-limiting, authentication, or access-control features;
• reverse engineer, decompile, or disassemble any portion of the Service except to the extent expressly permitted by applicable law;
• remove or alter any proprietary notices;
• use the Service in any way that violates applicable law or the rights of any third party;
• misrepresent your identity, impersonate any person, or submit false or misleading information.

Resort information may include facts compiled from public sources; factual data is not owned by us, but our compilation, selection, arrangement, and the surrounding written content are.

4. AI-generated output — no warranty

The Service uses large language models to generate trip plans. AI output is probabilistic and may contain errors, omissions, fabricated facts, or out-of-date information ("hallucinations"). You are solely responsible for independently verifying all material details — including but not limited to resort operating status, lift hours, pass coverage and blackout dates, road and weather conditions, avalanche risk, lodging availability, pricing, and the existence of any place, road, or business named in the output — before relying on, purchasing, or acting on any output.

5. Mountain-activity and travel risk

Skiing, snowboarding, backcountry travel, winter driving, and mountain travel involve serious inherent risks, including the risk of injury, death, and property damage. The Service provides general route suggestions and information only. It is not a guide service, avalanche forecasting service, road authority, medical authority, or travel agent. You assume all risk associated with any travel or activity you undertake, and you are responsible for consulting official sources (resort operators, state and provincial road agencies, avalanche centers, weather services, certified guides) and for your own training, equipment, and judgment.

6. Third-party services and links

The Service may link to or rely on third-party websites, APIs, and services. We do not control and are not responsible for any third-party content, policies, or practices. Your dealings with any third party are solely between you and that third party.

7. Accounts

If you create an account, you are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use. We may suspend or terminate any account at any time, with or without notice, for any reason, including suspected violation of these Terms.

8. Feedback

If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any purpose without obligation to you.

9. Disclaimer of warranties

THE SERVICE AND ALL POWDORF CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DISCLAIM ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POWDORF OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF — OR INABILITY TO USE — THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED.

11. Indemnification

You agree to defend, indemnify, and hold harmless Powdorf and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any content you submit.

12. Termination

We may suspend or terminate your access to the Service at any time, for any reason, without notice or liability. Sections that by their nature should survive termination (including Sections 3, 4, 5, 8, 9, 10, 11, and 13–17) will survive.

13. Governing law and venue

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws rules. Subject to Section 14, the state and federal courts located in Denver County, Colorado have exclusive jurisdiction over any dispute not subject to arbitration.

14. Binding arbitration; class-action waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by JAMS under its applicable rules, seated in Denver, Colorado, in the English language. YOU AND POWDORF EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Either party may bring an individual claim in small-claims court for disputes within its jurisdiction. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

15. Changes to these Terms

We may update these Terms at any time. Material changes will be reflected by the "Last updated" date above. Your continued use of the Service after a change constitutes acceptance.

16. DMCA / copyright

If you believe material on the Service infringes your copyright, send a notice including the information required by 17 U.S.C. § 512(c)(3) to hello@powdorf.app.

17. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Powdorf concerning the Service. Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remaining provisions will remain in full force. You may not assign these Terms without our prior written consent; we may assign them freely. There are no third-party beneficiaries.