Legal

Terms of Service

v1.0
Effective date: September 7, 2026
Last updated: September 7, 2026

These Terms of Service (“Terms”) are a binding agreement between you and SkiGraph, Inc. (“SkiGraph,” “we,” “us,” or “our”). They govern your access to and use of the SkiGraph mobile applications, website at www.skigraph.com, and related content, features, software, and services (collectively, the “Service”).

Please read these Terms carefully. They contain an agreement to arbitrate and a class-action waiver in Section 20, subject to the exceptions described there.

1. Acceptance and eligibility

By creating an account, clicking to accept, uploading content, or using the Service, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old and legally capable of entering this agreement. You may not create an account for or permit use by a minor, or upload content depicting a person you know or reasonably should know is under 18.

If you use the Service for a business or other organization, you represent that you have authority to bind it. In that case, “you” includes both you and the organization.

The Service is not offered where its use would violate applicable law. You are responsible for determining whether your use is lawful where you are located.

2. The Service

SkiGraph provides tools that may allow users to upload, organize, view, compare, annotate, comment on, and share ski videos and related information; choose reference clips, including clips selected or ranked using skiing information supplied through the Service; and communicate with coaches or other users. Authorized SkiGraph personnel and service providers may review User Content for the purposes described in the Privacy Policy.

Features and availability may change as described in Section 16.

3. Accounts and security

You must provide accurate information, keep it current, protect your credentials and authentication devices, and promptly notify us at support@skigraph.com if you suspect unauthorized access.

You are responsible for activity through your account to the extent permitted by law. You may not sell, transfer, lend, or share account access, bypass access controls, or create accounts through unauthorized automated means.

We may require identity, age, authorization, or account verification when reasonably necessary for security, legal compliance, rights requests, or feature access.

4. Permission to use the Service

Subject to these Terms, SkiGraph grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the consumer application and access the Service for lawful personal use and, if you are a coach or similar professional, to use ordinary product features to instruct your own clients.

Your use of this license is subject to the acceptable-use rules in Section 8.

5. User Content

“User Content” means content or material you or someone acting for you submits, uploads, records, creates, communicates, or otherwise makes available through the Service. It includes video, images, audio, names, likenesses, voices, performances, profile information, annotations, comments, messages, coaching advice or instructions, feedback, and associated information.

5.1 Your ownership

As between you and SkiGraph, you retain any ownership rights you have in User Content. These Terms do not transfer title to your User Content to SkiGraph.

5.2 License to SkiGraph

You grant SkiGraph a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transcode, analyze, display, transmit, and otherwise use User Content only as reasonably necessary to provide, secure, support, evaluate, and improve the Service; enforce these Terms; comply with law; protect SkiGraph, users, and others; and make User Content available to recipients you select or your audience settings permit.

SkiGraph may permit service providers to exercise these rights only on SkiGraph's behalf, for those purposes, and subject to contractual restrictions against unauthorized independent use. SkiGraph will not use identifiable User Content for marketing or authorize another party to use it for its own independent purposes unless you direct or separately authorize that use or the use is required by law.

This license continues while the User Content remains in the Service. When SkiGraph completes deletion of raw or identifiable User Content under the Privacy Policy, the license ends for that content, except to the limited extent reasonably necessary for backup rotation, security or fraud prevention, legal compliance, dispute resolution, or the exercise or defense of legal claims. Ending the license does not require SkiGraph to reverse completed processing or disclosures, retrieve copies outside its control, or delete aggregate or deidentified information and outputs that are no longer reasonably linked to a person, unless applicable law requires otherwise.

5.3 Rights and permissions

You may upload User Content for private use if you are legally permitted to possess, upload, and use it through the Service.

Before sharing User Content with another person through the Service, you must own the content or have all rights and permissions required for that sharing, including any applicable copyright, privacy, publicity, and recording permissions. Do not share content that infringes or violates another person’s rights.

You are responsible for your User Content and for information you provide about it. SkiGraph does not routinely review private User Content or require proof of rights before upload. We may take action under Section 9 when we receive a complaint, become aware of a possible violation, or reasonably believe action is necessary under these Terms or applicable law.

5.4 Feedback

If you provide an idea, suggestion, request, evaluation, or other feedback, you grant SkiGraph a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable right to use it for any lawful purpose without restriction, attribution, or compensation. Feedback is not confidential.

6. Data, privacy, and derived information

The Privacy Policy explains how SkiGraph processes personal information, including User Content, Service activity, reference and comparison information, and related information.

The User Content license grants contractual and intellectual-property permissions; it is not a waiver of personal-data rights that applicable law does not permit you to waive. The Privacy Policy and applicable law control personal-information handling.

7. Sharing, comments, and audience controls

You control sharing only through the settings and features SkiGraph makes available. When you use a sharing feature, you direct SkiGraph to make the selected User Content available to the recipients you choose or the audience your settings permit. This direction falls within the license in Section 5.2. It does not grant recipients a license from SkiGraph to copy, reshare, or use the content beyond the Service or permissions provided by the applicable rights holder.

Shared or unlisted links may operate as bearer links: anyone with the link may be able to view and forward the content. Recipients may nevertheless download, capture, retain, forward, or reshare content, and SkiGraph cannot control or retrieve independently held copies outside its control. You are responsible for selecting appropriate recipients and audience settings. Do not share information you are not willing for the intended recipients to receive.

8. Acceptable use

You may not misuse the Service. Without limiting that restriction, you may not use the Service, any User Content, or any sharing feature to:

Coaches may use ordinary Service features with their own clients, subject to these Terms and applicable professional, privacy, recording, and consumer-protection laws.

9. Moderation and enforcement

SkiGraph does not routinely review every item of User Content and has no general obligation to monitor the Service. When we receive a report or legal request or reasonably believe action is necessary to enforce these Terms, protect the Service or its users, comply with law, or address fraud, abuse, security, or safety concerns, we may review relevant User Content or activity.

We may restrict or remove content or activity, disable links or features, suspend or terminate accounts, preserve or disclose relevant information, or notify affected people or authorities. We will provide notice, reasons, or an opportunity to appeal when required by applicable law.

Our decision not to act in one instance does not waive our right to act later. Moderation is not an endorsement, verification, or guarantee of content.

10. Video comparison, user communications, and safety

Skiing and snow sports involve inherent risks, including collision, falls, equipment failure, severe weather, avalanche, serious injury, disability, and death. The Service cannot assess all real-world conditions or replace judgment, qualified instruction, medical advice, patrol guidance, equipment inspection, or emergency services.

SkiGraph provides video organization, comparison, reference-selection, and communication tools. Reference videos and content or advice from coaches or users may be incomplete, inaccurate, unsuitable, or unsafe; are not individualized instruction, safety guidance, medical diagnosis or treatment, rehabilitation, certification, or emergency guidance; and do not guarantee performance or safety. Unless expressly stated otherwise, SkiGraph does not verify a user's qualifications or endorse User Content.

You remain responsible for your decisions and should ski within your ability, follow posted rules and applicable responsibility codes, use appropriate equipment, and seek qualified instruction or medical advice when appropriate. In an emergency, contact local emergency services or ski patrol. To the maximum extent permitted by law, you knowingly assume the risks inherent in skiing and in relying on the Service or its content.

11. SkiGraph intellectual property

SkiGraph owns the Service and its software, interfaces, designs, systems, algorithms, reference-selection methods, improvements, trademarks, logos, compilations, documentation, aggregate or deidentified information, and other technology and outputs, excluding your ownership rights in User Content and subject to applicable law. Reference content and other materials may include content owned by third parties and made available under applicable rights or permissions. These materials are protected by intellectual-property and other laws.

Except for the limited license in Section 4 and any terms displayed with particular material, no right is granted to you by implication, estoppel, or otherwise. You may not remove proprietary notices or use SkiGraph names, marks, or branding without written permission. Third-party marks and content belong to their respective owners.

12. Third-party services and content

The Service may use or link to third-party authentication, app stores, hosting, payments, maps, media, devices, websites, integrations, products, or content. Third parties may have separate terms and privacy policies and are responsible for their services.

SkiGraph does not control or endorse a third-party service merely by linking or integrating it. To the maximum extent permitted by law, SkiGraph is not responsible for third-party availability, security, accuracy, content, transactions, or conduct.

13. Purchases and subscriptions

This Section applies only if SkiGraph offers paid features.

Prices, billing periods, included features, renewal terms, trial terms, taxes, and other material purchase conditions will be shown before purchase. If you buy through Apple, Google, or another platform, that platform processes billing and its payment, cancellation, and refund rules also apply.

Unless the purchase screen states otherwise, a subscription automatically renews for successive periods until canceled. You authorize the applicable billing provider to charge the disclosed recurring price and taxes. Cancel through the account or platform settings identified at purchase before the applicable renewal deadline. Cancellation generally stops future renewal and does not provide a refund for the current period unless law or the applicable platform requires one.

We may change future prices after providing notice required by law or platform rules. Promotions and trials may have separate conditions. Non-waivable cancellation, refund, and warranty rights remain unaffected.

SkiGraph respects intellectual-property rights. We may remove or restrict material alleged to infringe and, in appropriate circumstances, terminate repeat infringers.

To report suspected copyright infringement, send our Copyright Contact a written notice containing:

  1. your physical or electronic signature;
  2. identification of the copyrighted work claimed to be infringed or, for multiple works, a representative list;
  3. identification of the allegedly infringing material and information reasonably sufficient for us to locate it;
  4. your name, mailing address, telephone number, and email address;
  5. a statement that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or law; and
  6. a statement, under penalty of perjury, that the notice is accurate and you are the owner or authorized to act for the owner.

Copyright Contact
SkiGraph, Inc.
7533 South Center View Court
West Jordan, Utah 84084, United States

Email: support@skigraph.com

If content you submitted was removed following a copyright notice and you believe the removal was mistaken or misidentified, you may send a counter-notice containing:

  1. your physical or electronic signature;
  2. identification of the removed material and its prior location;
  3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification;
  4. your name, address, and telephone number; and
  5. a statement that you consent to the jurisdiction of the appropriate U.S. Federal District Court under 17 U.S.C. § 512(g), and will accept service of process from the person who submitted the original notice or that person’s agent.

We may forward notices and counter-notices to affected parties and take action contemplated by applicable law. Knowingly making a material misrepresentation may create liability.

15. Suspension and termination

You may stop using the Service at any time and may request account deletion using available settings or the method in the Privacy Policy.

We may suspend, limit, or terminate access, remove content, or close an account if we reasonably believe you violated these Terms; created risk or legal exposure; failed to pay; used the Service fraudulently; endangered the Service or others; or if action is needed for legal, security, or operational reasons. We will provide notice or an opportunity to appeal when required by applicable law.

On termination, your license to use the Service ends. Section 5.2 survives only to the limited extent expressly stated in that Section and Section 7 of the Privacy Policy; it does not create an indefinite license to raw or identifiable User Content. Sections 5.1, 5.3, 5.4, and 6; accrued payment obligations; enforcement rights; disclaimers; liability limits; indemnity; dispute terms; and miscellaneous provisions survive to the extent their nature requires.

16. Service changes and availability

We do not guarantee that the Service or any feature, storage, compatibility, reference content, comparison, communication, or integration will always be available, uninterrupted, secure, or error-free. We may impose or change limits and may discontinue all or part of the Service.

If applicable law requires advance notice, a refund, data export, or another remedy for a material change or discontinuation, we will provide it. Otherwise, SkiGraph is not liable for modification, suspension, or discontinuation to the maximum extent permitted by law.

17. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL USER CONTENT, REFERENCE CONTENT, COMPARISON TOOLS, COMMUNICATIONS, OUTPUTS, AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. SKIGRAPH AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE SAFE, SECURE, ACCURATE, COMPLETE, AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT WILL NOT BE LOST; OR THAT USER CONTENT, REFERENCE CONTENT, A COMPARISON, COMMUNICATION, OR OTHER FEATURE WILL IMPROVE PERFORMANCE OR PREVENT INJURY.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY LAW, AND NON-WAIVABLE WARRANTIES REMAIN EFFECTIVE.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKIGRAPH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM RELIANCE ON THE SERVICE; OR THE CONDUCT OR CONTENT OF USERS OR THIRD PARTIES, EVEN IF ADVISED THAT SUCH DAMAGE IS POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SKIGRAPH FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100.

The exclusions and cap apply to all theories of liability and even if a remedy fails of its essential purpose. They do not limit liability that applicable law does not permit us to limit. Your jurisdiction may provide additional non-waivable rights.

19. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless SkiGraph and its affiliates, officers, directors, employees, agents, licensors, and service providers from claims, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

We may control the defense and settlement of an indemnified claim, and you will reasonably cooperate. You may not settle a claim in a way that admits fault by or imposes an obligation on SkiGraph without our written consent. This Section does not require indemnification for SkiGraph’s own conduct to the extent prohibited by law.

20. Disputes, arbitration, and class-action waiver

Please read this Section carefully. It affects how disputes are resolved.

20.1 Informal resolution

Before filing arbitration or court proceedings, the claimant must send an individualized written notice stating the claimant’s full name, account email if applicable, contact email and mailing address, the facts and legal basis of the dispute, and the specific relief requested. A notice may concern only one claimant and must be personally signed by that claimant; an electronic signature is acceptable. A claimant other than SkiGraph must send the notice by email to support@skigraph.com with “Legal Dispute” in the subject line. If SkiGraph is the claimant, it will send the notice to the email or mailing address associated with the applicable account.

The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a complete notice. Individualized compliance with this Section is a condition precedent to arbitration or litigation, except for an eligible small-claims case or a request for urgent temporary relief. A limitation period is tolled during that 60-day period to the extent law permits. The arbitrator—or a Process Arbitrator appointed under the applicable AAA rules—may decide a dispute about compliance with this Section.

20.2 Binding individual arbitration

Except for disputes excluded below, you and SkiGraph agree to resolve any claim arising out of or relating to these Terms, the Service, User Content, privacy, or the relationship between the parties through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the claim is filed.

If the AAA determines that its Mass Arbitration Supplementary Rules apply to a group of demands, those rules and the applicable Consumer Mass Arbitration fee schedule in effect when the demands are filed will govern their administration. Coordinated administration under those rules does not convert any demand into a class, collective, consolidated, or representative arbitration; each demand remains an individual arbitration and must receive an individual resolution or award unless the affected parties agree otherwise in writing.

The Federal Arbitration Act governs this arbitration agreement. Subject to authority assigned to the AAA or a Process Arbitrator under the applicable AAA rules, the arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement. A court, however, has authority to decide the enforceability of Section 20.4 and any request for public injunctive relief that applicable law does not permit the arbitrator to decide.

Arbitration may occur by documents, telephone, video, or in person as the applicable AAA rules provide. Fees will be allocated under the applicable AAA rules and fee schedule, and SkiGraph will pay the amounts allocated to the business under those rules and schedules. Each party bears its own attorneys’ fees unless applicable law or the arbitrator’s award provides otherwise.

20.3 Exceptions

Either party may bring an eligible individual claim in small-claims court in the county where the claimant resides or in another court that has lawful jurisdiction and venue over the claim. If arbitration has already been filed, either party may elect the AAA Consumer Rules’ small-claims option when it applies.

Either party may seek temporary or preliminary injunctive relief from a court to preserve the status quo or prevent imminent irreparable harm while arbitration is pending or before an arbitrator can be appointed. Either party may also seek relief in court for actual or threatened infringement or misappropriation of intellectual-property or confidentiality rights. Seeking that limited relief does not waive arbitration of any other claim.

Nothing prevents you from reporting to or seeking relief from a government agency, and nothing requires arbitration where applicable law makes pre-dispute arbitration invalid.

20.4 No class or representative proceedings

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SKIGRAPH AGREE THAT EACH MAY BRING AND HAVE CLAIMS DECIDED ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR ARBITRATION. UNLESS ALL AFFECTED PARTIES AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE THE MERITS OF DIFFERENT CLAIMANTS’ DISPUTES, PRESIDE OVER ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.

This Section does not prohibit coordinated administrative treatment of individual demands under the AAA Mass Arbitration Supplementary Rules, a global mediation or settlement, or another written post-dispute agreement. None of those procedures authorizes class, collective, or representative arbitration.

20.5 Public injunctive relief and arbitration-specific severability

If a final, non-appealable decision holds that applicable law prevents waiver of a particular request for public injunctive relief, that request will be severed and decided by a court, while arbitrable individual claims and requests for relief remain in arbitration to the maximum extent permitted by law.

If any other part of this Section 20 is held unenforceable, it will be severed or limited to the minimum extent necessary, and the remainder will remain effective. If a final, non-appealable decision holds Section 20.4 unenforceable as to a particular claim or remedy, only that claim or remedy may proceed in court; it may not proceed in class, collective, or representative arbitration. Under no circumstances will the invalidity of any part of this Section be interpreted as consent by SkiGraph to class, collective, or representative arbitration.

20.6 If arbitration does not apply

Except for an eligible small-claims case under Section 20.3, for a dispute not subject to arbitration, you and SkiGraph consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware. This sentence does not apply where applicable law gives a party a non-waivable right to sue elsewhere.

21. Governing law

These Terms are governed by the Federal Arbitration Act and, for issues not governed by it, the laws of the State of Delaware, without regard to conflict-of-law rules.

This choice does not deprive you of mandatory consumer protections of the country or state where you live when those protections apply regardless of the chosen law.

22. Mobile platform terms

22.1 Apple

If you obtain the app through Apple’s App Store, you acknowledge that these Terms are between you and SkiGraph, not Apple; SkiGraph, not Apple, is responsible for the app and its content; Apple has no obligation to provide maintenance or support; and Apple is not responsible for claims relating to the app except as applicable law requires.

Your license is limited to use on Apple-branded products you own or control as permitted by the Apple Media Services Terms and applicable Family Sharing or volume-purchase rules. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as provided by its rules. To the maximum extent permitted by law, Apple has no other warranty obligation.

You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. government prohibited or restricted-party list. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it after your acceptance.

22.2 Google and other platforms

If you obtain the app through Google Play or another distributor, your use must also comply with that distributor’s applicable terms. These Terms are between you and SkiGraph unless the distributor’s mandatory terms state otherwise. The distributor is not responsible for maintenance, support, or claims relating to the app except as its rules or applicable law require.

23. Changes to these Terms

We may update these Terms to reflect changes in the Service, our practices, or applicable law. We will post the revised Terms and update the effective date. We will provide additional notice or request new acceptance when required by law.

Changes apply prospectively from their effective date unless applicable law permits otherwise. Continuing to use the Service after revised Terms take effect constitutes acceptance where that method is legally valid; it does not substitute for affirmative consent where law requires it.

24. Notices and contact

SkiGraph may provide notices through the Service, account interface, email, or other contact information associated with your account. Electronic notices satisfy written-notice requirements to the extent permitted by law.

SkiGraph, Inc.

Registered office: 131 Continental Drive, Suite 305, Newark, Delaware 19713, United States

Mailing and contact address: 7533 South Center View Court, West Jordan, Utah 84084, United States

Email: support@skigraph.com

25. Miscellaneous

25.1 Entire agreement

These Terms, the Privacy Policy, and any feature- or purchase-specific terms presented to you form the agreement between you and SkiGraph concerning the Service. If feature-specific terms conflict with these Terms, the feature-specific terms control for that feature. The Privacy Policy controls personal-information handling as stated in Section 6.

25.2 Assignment

You may not assign or transfer these Terms or an account without SkiGraph’s written consent. SkiGraph may assign or transfer these Terms and its rights and obligations to an affiliate or in connection with a financing, reorganization, merger, acquisition, asset sale, bankruptcy, or similar transaction, subject to applicable law.

25.3 Severability and waiver

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective. If applicable law does not permit modification, the provision will be severed only to the minimum extent necessary. A failure to enforce a provision is not a waiver.

25.4 No agency or third-party beneficiaries

These Terms do not create employment, partnership, joint venture, fiduciary, franchise, or agency relationships. Except for the protected parties in Sections 18 and 19 and Apple under Section 22.1, there are no third-party beneficiaries.

25.5 Export and sanctions

You may not use, export, or re-export the Service in violation of U.S. or other applicable export-control or sanctions laws. You represent that you are not prohibited from receiving the Service under those laws.

25.6 Interpretation

Section headings are for convenience. “Including” means “including without limitation.” A provision qualified by “to the maximum extent permitted by law” applies only as far as the relevant law permits. These Terms will not be interpreted against a party merely because that party drafted them.