Active App Terms of Use

These Terms of Use ("Terms") govern your use of the Out'n'About Active mobile application (the "App"). Please read them carefully. By downloading, accessing or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.

These Terms cover the mobile App only. Use of our website and any purchases of physical products are governed by the separate terms published here https://outnabout.com/policies/terms-of-service

1.Who we are

The App is provided by Out'n'About A.T.P Ltd ("we", "us" or "our"), a company registered in England & Wales. Our registered address is Unit 2D, Kingsbourne Farm, Wick End, Stagsden, Bedford, MK43 8TS, United Kingdom. You can contact us at info@outnabout.com.

2.Who can use the App

You must be at least 18 years old to create an account and use the App. The App is intended for adults. By using the App you confirm that you are 18 or over and that the information you provide to us is accurate.

If we have reason to believe that an account belongs to someone under 18, we will close it.

The App lets you record details about your children, such as their dates of birth, to help personalise your experience. If you add them, your children's ages (in years, not their dates of birth) are shown on your profile, so anyone who can see your profile can see them (see section 6). If you add any information about a child, you confirm that you are that child's parent or legal guardian and that you are entitled to provide this information. You are responsible for the information you enter about others.

3.Your account

• You are responsible for keeping your login details secure and for all activity that happens under your account.
• Please keep your profile information accurate and up to date.
• One person may not maintain more than one account, and you may not share your account or let anyone else use it.
• Tell us promptly at info@outnabout.com if you believe your account has been used without your permission.

4.Using the App

The App is provided free of charge. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial purposes, subject to these Terms. We may release updates, and some features may change, be added or be removed over time.

You agree not to:

• copy, modify, reverse-engineer, decompile or attempt to extract the source code of the App, except to the extent the law allows;
• use the App for any unlawful purpose or in breach of these Terms;
• interfere with, disrupt, or attempt to gain unauthorised access to the App or our systems;
• use bots, scrapers or other automated means to access or collect data from the App; or
• resell, rent or otherwise commercially exploit the App or its content.

5.Acceptable use

The App lets you create content and, where you choose to, interact with other users, both in the App and in person at events. When using any part of the App you must not post, share or transmit anything that:

• is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or hateful;
• infringes anyone else's intellectual property, privacy or other rights;
• reveals another person's private or personal information without their consent, including where they live, where they are or their routine, or details or photos of their children;
• is false or misleading, including inaccurate routes, events or reviews posted in bad faith;
• contains viruses or malicious code, spam, or unsolicited advertising; or
• impersonates any person or misrepresents your affiliation with anyone.

You must not use the App to create, upload, share, promote, encourage or facilitate illegal content or illegal activity, including terrorism, child sexual exploitation or abuse (including grooming or child sexual abuse material), illegal hate, harassment, stalking or threats, intimate image abuse or cyberflashing, sexual exploitation, or content that illegally encourages or assists suicide or serious self-harm. Pornographic content, and content that encourages, promotes or provides instructions for suicide, self-harm or eating disorders, is not permitted on the App.

Please treat other users with respect, in the App and in person. You must not harass, intimidate or persistently contact another user, and you must not use the App to arrange or promote anything unlawful. We may remove content and suspend or close accounts that breach this section (see section 9).

6.Your content

The App lets you create and upload content, such as recorded walks and routes, events you host, titles and descriptions, reviews, comments, photos and profile details ("Your Content"). You keep ownership of Your Content.

By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display it, and to make it available to other users where you have chosen to share it (for example by making a walk public, publishing an event or posting a review). This licence exists only so that we can operate and provide the App, and it ends when you or we remove the relevant content, except where the content has already been shared with others or where we must retain a copy to comply with the law.

You confirm that Your Content is yours to share and does not breach section 5 or anyone else's rights.

Who can see your content. Content in the App can only be seen by people with an account, including walks you share outside the App.

• Comments and reviews, including any photos in them, can be seen by all users, together with your name and profile photo.
• You choose who can see your profile in your Privacy settings. With Everyone (the default), anyone with an account can search for you, see your complete profile page, including your name, general location and any children's ages you add, and follow you. With Followers, only members you approve as followers can see your full profile; others can find you and see limited profile information, such as your profile photo, but not your location or your children's ages.
• You also choose who can see your activity (your walks and routes, and any photos with them). With Public (the default), anyone with an account can see it; with Followers, only people who follow you; with Private, only you. Public activity also appears in Community Updates on other users' home screens, showing the route map (including where you started and finished), photos, stats and how long ago it was. People who can see your activity can like and comment on it.
• If you add your children's ages or a general location, please think about choosing Followers, so that only people you approve can see them.
• You are told when someone new follows you, and other users can see who follows you.
• You can block another member at any time from your Privacy settings. Blocking stops them seeing your profile and your activity.
• Recorded routes show where a walk starts and finishes. The App reminds you before every walk not to start or end at your home or anywhere else that identifies you. Routes cannot be edited once uploaded, so if a route shows somewhere you would rather keep private, please delete it.

7.Routes, walks and safety

The App does not assess, monitor or warn you of hazards or conditions. In particular, it does not account for:

• weather, tidal or water conditions;
• path, route or area closures;
• private land and access restrictions;
• tidal areas, water and difficult terrain;
• road and other crossings, or traffic.

Conditions can change at any time and may differ from anything shown in the App. It is your sole responsibility to independently verify a route's suitability before setting out, including checking current conditions through official or local sources, regardless of any information shown in the App.

• You use all routes, walks and related information entirely at your own risk. Always use your own judgement, follow signage and access rules, and take appropriate precautions.
• You are responsible for the safety and supervision of any children or others in your care at all times.
• Location, distance, pace and mapping data rely on your device's GPS and third-party mapping services and may be inaccurate, incomplete or delayed. Do not rely on the App as your only means of navigation or in an emergency.
• The App is not a fitness, medical or safety device and does not provide medical advice. Consult a suitable professional before starting any new physical activity if you have any doubts.

To the fullest extent permitted by law, we accept no responsibility or liability for any loss, injury or damage arising from your use of, or reliance on, any route, walk or walking information in the App, however and by whomever it was added.

8.Events and meetups

An event is an arrangement between the host and the people who attend. We are not a party to it, and we are not responsible for whether an event takes place, for how it is run, or for the conduct of anyone at it.

If you host an event, you agree that:

• the date, time, meeting point and description you publish will be accurate, and if your plans change you will cancel the event promptly. Events cannot be edited once published, so if the event is still going ahead in a different form, please cancel it and create a new one, and anyone who was going will need to say that they are going to the new event;
• you are responsible for the event itself, including obtaining any permission, access right or booking that the location requires;
• you will not charge for attendance or collect money through or in connection with the App, and you will not use events to advertise, promote or sell (see section 4);
• you are responsible for everything you publish about the event, including photos, and for making sure that you are entitled to publish it.

If you attend an event, you agree that:

• you attend entirely at your own risk, and you may be meeting people you do not know;
• you remain responsible for the safety and supervision of any children or others in your care at all times, and the host is not responsible for them;
• the location, meeting point and timing are supplied by the host and are not checked by us, and the safety terms in section 7 apply to the event, to any route it follows and to your journey to and from it;
• you will use your own judgement about whether an event is suitable for you and for anyone with you, and you may leave at any time.

Events can be published publicly or with limited visibility. Whichever you choose, your name, profile photo and the fact that you are hosting or going to an event are visible to the other users who can see that event, and anything you post in an event's comments is visible to them too. Limited visibility and private events are not confidential: anyone who can see the event, and anyone they tell, may know who is going. Please think about what you share, and do not post photographs or personal details of other people, or of other people's children, without their consent.

You must not use an event, or the App more generally, to facilitate, arrange or promote any illegal activity, including grooming or any form of child sexual exploitation or abuse. If you witness or suspect this, please report it immediately using the reporting tools referred to in section 11.

To the fullest extent permitted by law, we accept no responsibility or liability for any loss, injury or damage arising from an event, from hosting or attending one, from an event being changed, cancelled or not taking place, or from the conduct of any host or attendee.

9.Other users, moderation and removal

Where the App lets you interact with other users, whether in the App or in person at an event, we do not control and are not responsible for their content or conduct, and your interactions with them are at your own risk. You can block other users and report any content or profile (see section 11). Please use these tools if something is wrong.

We may, at our reasonable discretion, review, remove or restrict content, including events and comments, and suspend or close an account that we believe breaches these Terms or the law, or that could harm other users, the App or us. If we remove your content or restrict your account, we will tell you what we have done and how to appeal (see section 11), unless the law, the police or the National Crime Agency require us not to. We may act without prior notice where the law requires it or where there is a risk of harm.

12.Deleting your account

You can stop using the App at any time. You can delete your account from within the App under Settings → Delete account, or by requesting deletion online. Deletion is permanent. For details of what is removed and how long it takes, please see our Privacy Policy. We may need to keep some information after your account is deleted where the law requires it - for example, content and information connected to a report we have made to the National Crime Agency.

13.Third-party services

The App relies on third-party services to work, including mapping provided by Mapbox and cloud services provided by Google (Firebase). The App is also distributed through the Apple App Store and Google Play. Your use of those services and stores is subject to their own terms and privacy policies, and we are not responsible for them. The App is not sponsored or endorsed by Apple or Google.

14.Our intellectual property

The App and everything in it other than Your Content and third-party content - including its software, design, text, graphics, logos and the "Out 'n' About" name and branding - is owned by us or our licensors and is protected by intellectual property laws. Except for the licence to use the App set out in these Terms, nothing gives you any right in it.

15.Privacy

We care about your privacy. Our Privacy Policy explains what personal data we collect, how we use it and your rights. By using the App you acknowledge that we process your data as described there.

16.Availability and changes to the App

We work to keep the App available and working well, but we provide it "as is" and "as available". We do not promise that it will always be available, uninterrupted or error-free, or that it will be compatible with every device. We may change, suspend or discontinue the App or any feature at any time.

17.Our responsibility to you

Nothing in these Terms limits or excludes our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. Your statutory rights as a consumer are not affected by these Terms.

Subject to the above, and to the fullest extent permitted by law: we are not liable for loss or damage that is not reasonably foreseeable, for any business loss (the App is for personal use only), or for loss or damage arising from user-generated content, routes or events, from other users, whether online or in person, from third-party services, or from your failure to follow these Terms or appropriate safety precautions.

18.Your responsibility to us

If you use the App in breach of these Terms or the law, you agree to be responsible for reasonable losses or costs we suffer as a result, to the extent caused by your breach.

19.Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the App or the law. When we do, we will update the "Last updated" date above and, where the changes are significant, we will take reasonable steps to let you know. If you continue to use the App after an update, you accept the updated Terms.

20.Governing law

These Terms are governed by the laws of England & Wales. Disputes will be subject to the courts of England & Wales. If you live in another part of the UK, you may also bring proceedings in your own local courts, and nothing here removes any mandatory consumer protections available to you under your local law.

21.Contact us

If you have any questions about these Terms, please get in touch: