Terms of Service

MTNMetrics provides tools for backcountry trip planning, including:

• Calorie expenditure estimation for hiking and backpacking
• Meal planning assistance
• Shopping list generation
• Route planning features

The Service uses the LCDA (Load Carriage Decision Aid) equation, a peer-reviewed formula developed by the U.S. Army Research Institute, to estimate energy expenditure during loaded hiking.

To use the Service, you must be at least 13 years old. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You also represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Accuracy Limitations

Calorie estimates are approximations based on scientific research. Actual energy expenditure varies significantly based on factors including but not limited to:

• Individual metabolism and fitness level
• Hiking efficiency and technique
• Altitude and acclimatization
• Weather and temperature conditions
• Actual terrain conditions vs. estimates
• Pack weight distribution and fit
• Rest breaks and actual hiking pace

The LCDA equation was developed and validated primarily for military populations. Results may vary for different demographics, fitness levels, and hiking styles.

Trip Safety

MTNMetrics is a planning tool only, not a safety system. You are solely responsible for:

• Assessing your own fitness and capability for planned trips
• Checking current trail and weather conditions
• Carrying appropriate safety and emergency equipment
• Informing others of your travel plans
• Making real-time decisions based on actual conditions
• Carrying sufficient food, water, and emergency supplies

Meal Planning and Food Safety

If you use our meal planning features, you are responsible for:

• Verifying that suggested foods meet your dietary restrictions and allergies
• Ensuring proper food storage and preparation
• Checking expiration dates and food safety

We are not responsible for allergic reactions, food-borne illness, or other adverse effects from food choices.

Some features of the Service may require you to create an account. When you create an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

The Service may offer paid subscription plans ("Premium Services") with additional features. Premium Services may be offered through supported app marketplaces or payment platforms. At present, subscriptions are offered through the Apple App Store. By subscribing, you agree to the following terms and any terms imposed by the marketplace or payment provider through which you purchased.

App License

The MTNMetrics mobile app is licensed, not sold, to you on a limited, non-exclusive, non-transferable, revocable basis for your personal, non-commercial use on devices that you own or control, subject to these Terms and any applicable marketplace or platform usage rules. Where permitted by the applicable marketplace, the app may also be accessed by other accounts associated with you through family-sharing or similar features.

Billing and Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. Billing is handled by the marketplace or payment provider through which you subscribed.

Cancellation

You may cancel your subscription at any time through the subscription settings or account controls of the marketplace or payment provider through which you subscribed. If you subscribed through Apple, you can manage cancellation through your Apple App Store subscription settings. Cancellation will take effect at the end of your current billing period. You will retain access to Premium Services until then. We cannot cancel subscriptions on your behalf.

Refunds

Refund requests must be submitted to the marketplace or payment provider that processed your purchase. Refund eligibility is determined by that provider's policies. If you subscribed through Apple, refund requests must be submitted to Apple. We do not have the ability to issue refunds for app marketplace purchases.

Price Changes

We may change subscription prices at any time. The marketplace or payment provider through which you subscribed will notify you of price changes in accordance with its policies, and you will have the opportunity to cancel before the new price takes effect where required.

Free Trials

If a free trial or introductory offer is presented to you at purchase, its duration, eligibility, billing terms, and conversion terms will be disclosed in the purchase flow. Current introductory offers, when available, may include a 7-day free trial. Unless otherwise disclosed at purchase, you will be charged the applicable subscription price when the trial or introductory period ends unless you cancel at least 24 hours before the end of the current period.

Marketplace Terms

Your purchase is subject to the terms and conditions of the marketplace or payment provider through which you subscribed. If you subscribed through Apple, your purchase is subject to the Apple App Store terms and conditions. In the event of any conflict between these Terms and the applicable marketplace terms regarding billing, cancellation, or refunds, the marketplace terms will govern.

App Provider Responsibilities

As between MTNMetrics and any app marketplace through which you obtain the app, MTNMetrics is responsible for the Service, including maintenance and support, and for addressing claims relating to the Service or your use of it, including product liability claims, allegations that the Service does not comply with applicable law, consumer protection or privacy claims, third-party intellectual property infringement claims, and any warranty obligations that cannot be effectively disclaimed under applicable law. Billing, cancellation, refunds, and any marketplace-provided remedies remain governed by the policies of the applicable marketplace or payment provider.

Additional Terms for Apple App Store Downloads

If you download the MTNMetrics app from the Apple App Store, these Terms are concluded between you and MTNMetrics only, and not with Apple. Apple is not responsible for the app or its content and has no obligation whatsoever to furnish any maintenance or support services for the app. Your use of the app must comply with the Apple Media Services Terms and Conditions, and nothing in these Terms provides usage rules for the app that conflict with those terms.

In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, to the maximum extent permitted by applicable law. Apple has no other warranty obligation whatsoever with respect to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app and may enforce them against you in that capacity.

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its servers
• Reverse engineer, decompile, or disassemble the Service
• Scrape, harvest, or collect data from the Service without permission
• Use the Service to transmit malware or harmful code
• Impersonate any person or entity
• Use automated systems to access the Service without our consent

You may create content through the Service, such as saved routes, meal plans, and profile information ("User Content"). You retain ownership of your User Content, but grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your User Content as necessary to provide the Service.

We may use aggregated, anonymized data derived from User Content to improve our Service and algorithms. This data will not identify you personally.

The Service, including its design, features, algorithms, and content (excluding User Content), is owned by MTNMetrics, LLC and protected by copyright, trademark, and other intellectual property laws.

"MTNMetrics" and our logo are trademarks of MTNMetrics, LLC. You may not use our trademarks without prior written permission.

The Service may rely on third-party services for features such as mapping, elevation data, and hosting. We are not responsible for:

• Outages or errors in third-party services
• Inaccuracies in third-party data (elevation, distances, trail information)
• Changes to third-party service availability or terms

You agree to comply with any applicable third-party terms of service when using the Service, including wireless data carrier terms if accessing the Service over a mobile network.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Calorie estimates or other calculations will be accurate for your situation
• The Service will meet your specific requirements
• Any errors in the Service will be corrected

To the maximum extent permitted by law, MTNMetrics, LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Personal injury or health consequences
• Trip failures, emergencies, or rescues
• Loss of data or User Content
• Lost profits or business opportunities
• Any damages arising from your use of or inability to use the Service

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.

You agree to indemnify, defend, and hold harmless MTNMetrics, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any claim that your User Content caused damage to a third party

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also send you an email notification.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• Provisions that by their nature should survive termination will survive (including disclaimers, limitations of liability, and indemnification)

Account Deletion: You may delete your account at any time through the app's Profile settings. Account deletion is permanent and removes all your data from our systems. If you have an active subscription purchased through an app marketplace or payment provider, deleting your account does not automatically cancel recurring billing. If you subscribed through Apple, you must cancel it separately through your Apple App Store subscription settings to avoid continued billing.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

Mandatory Arbitration

You and MTNMetrics agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Virginia, or at another mutually agreed location. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver

You and MTNMetrics agree that any arbitration or court proceeding shall be conducted only on an individual basis and not as a class action, collective action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against MTNMetrics.

Arbitration Costs

Filing fees and arbitrator costs will be allocated in accordance with AAA Consumer Arbitration Rules. Each party is responsible for their own attorney's fees unless the arbitrator awards fees to the prevailing party.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to contact@mymtnmetrics.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court, and the class action waiver will still apply.

Severability of Arbitration Provisions

If any part of this arbitration agreement is found unenforceable, the remainder will still apply. However, if the class action waiver is found unenforceable, the entire arbitration agreement will be void (but the rest of these Terms will remain in effect).

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and MTNMetrics regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

MTNMetrics is not affiliated with, endorsed by, or sponsored by the U.S. Department of Defense, the U.S. Army, or the U.S. Army Research Institute of Environmental Medicine. Our use of the LCDA equation is based on publicly available peer-reviewed research.

If you have questions about these Terms, please contact us at:

MTNMetrics, LLC
PO Box 7171
Chesapeake, VA 23324
Email: contact@mymtnmetrics.com