Terms of Service
This is a legal agreement between you and WolfPack Systems, Inc ("WolfPack") regarding your use of the WolfPack software (the "Software"). By using the Software, you agree to be bound by the terms of this End-User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must de-install the Software from all your devices.
License. Subject to the terms and conditions of this EULA, WolfPack grants you a non-exclusive, non-transferable, non-assignable license (without right of sublicense) to install and use one copy of the Software on your mobile device (iOS or Android) in machine executable object code form solely for your personal use.
Restrictions. The Software and any related documentation are protected by United States copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of WolfPack. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of WolfPack. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Ownership. The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software or any related documentation. WolfPack retains all right, title, and interest in and to the Software (including any changes, modifications, or corrections thereto) and any related documentation.
Suggestions. If you elect to provide or make available to WolfPack any suggestions, comments, ideas, improvements, or other feedback or materials related to the Software (collectively, "Suggestions"), WolfPack will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute your Suggestions in any manner and you will gain no right, title or interest in or to the Software by virtue of WolfPack doing so.
Uploads. The Software may provide functionality through which you are able to upload information (such as images, waypoints and tracks) about your use of the Software (collectively, "Uploads") to WolfPack's servers and to notify others about the availability of your Uploads. If you use such functionality, you authorize WolfPack to retain your Uploads on its servers, to reproduce, publish and make your Uploads available to anyone, and to disclose the user name you submitted with your Uploads. In addition, you authorize WolfPack to retain your Uploads on its servers, to reproduce, publish and make your Uploads available to any third party, and to disclose the user name you submitted with your Uploads. WolfPack will have no obligation to provide such functionality, may cease providing such functionality at any time with or without notice to you, and will have no obligation to retain your Uploads on its servers or return your Uploads to you before deleting them from its servers.
Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. WOLFPACK HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WOLFPACK DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SOFTWARE OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO WOLFPACK TO GRANT THE LICENSE CONTAINED IN THIS EULA.
USE OF WOLFPACK IS AT THE USER'S OWN RISK. THE SOFTWARE IS NOT FAA CERTIFIED AND MUST NOT BE USED FOR PRIMARY NAVIGATION. THE SOFTWARE IS NOT TO BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE SOFTWARE COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WOLFPACK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SOFTWARE, OR YOUR USE OF OR RELIANCE ON ANY DATA (INCLUDING GPS DATA) YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SOFTWARE, EVEN IF WOLFPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that WolfPack may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WolfPack's liability shall be the minimum permitted under such applicable law.
Termination. This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. All other provisions of this EULA shall survive such termination.
Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial and Prohibition Orders.
U.S. Government End Users. The Software and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Software and related documentation are being licensed to
U.S. Government end users (a) only as "Commercial Items," and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Miscellaneous. This EULA is the entire agreement between you and WolfPack with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning, the subject matter of this EULA. In no event shall any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA. This EULA is governed by the laws of the State of Maryland, USA, as such laws apply to contracts between Maryland residents entered into and performed entirely in Maryland (notwithstanding your place of residency). You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of Maryland, Montgomery County, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by WolfPack to prosecute any right with respect to a default hereunder will not constitute a waiver by WolfPack of the right to enforce rights with respect to the same or any other breach.
Effective Date: June 25, 2018
Your privacy is very important to us. Please read below to see how WolfPack handles information. Before you get to the details, here are a few of our fundamental privacy principles:
Information you upload or post to WolfPack may be seen by others depending on your privacy settings.
Experiences shared by members of packs (shared trips, chats, planned routes) will be visible to all the members of the pack to support the group experience.
We aggregate and de-identify certain information about our members to use for business purposes.
We offer clearly-identified public features (e.g., public runs) that by nature are shared with others and shall not be considered private.
We give you several ways to control the privacy of your personal information and are continuously working to enhance privacy options available to you.
WolfPack is headquartered in Rockville, MD and our Services are provided to you by WolfPack Systems, Inc. If you are a resident of the European Union (“EU”), WolfPack Systems, Inc. is the controller of your personal data for the purposes of EU data protection law.
We Collect, Use, Share and Otherwise Process Information
as necessary to provide the Services and fulfill our obligations pursuant to the End User License Agreement. For example, we cannot provide the Services unless we collect and use your location information;
where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;
to protect your vital interests, or those of others, such as in the case of emergencies;
where you have made the information public;
where necessary in the public interest; and
where necessary for the purposes of WolfPack’s or a third party’s legitimate interests, such as those of visitors, members or partners.
Our Legitimate Interests
We process your information in furtherance of our legitimate interests, including:
providing and improving the Services, including any personalized Services. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and tailored offerings to our members on a sustained basis; and
keeping the Services safe and secure. We do so as it is necessary to pursue the legitimate interests of WolfPack and its members in ensuring the Services are secure, and to protect against fraud, spam and abuse, etc.
Information WolfPack Collects
WolfPack collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with WolfPack. We receive information in a few different ways, including when you plan trips (runs), establish and maintain groups (wolfpacks), and complete activities using the Services. WolfPack also collects information about how you use the Services. There are also several opportunities for you to share information about yourself and your activities with WolfPack. For example:
We collect such as your name, email address, and password that helps secure and provide you with access to our Services. We provide the optional opportunity to share additional information such as nickname visible to other users, gender, and phone number; such optional information supports some functionality of the Services but is not required to use primary functionally.
We collect and process when you sign up for and use the Services. To record your run and provide the radar functionality for group travel, it is necessary to collect and record the location of your device including data such as speed and direction. Processing of your location data is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Profile and use information is collected about you when you choose to upload a picture, emergency contact information, vehicle details, or otherwise use the Services.
You can choose to add access to your to find people already using WolfPack and/or invite them to join you. Sharing your contact information is not required for you to use WolfPack. By submitting such contact information, you confirm that you have the authority to use and share such information.
WolfPack allows you to sign up and log in to the Services using accounts you create with third-party products and services, currently consisting of Facebook (collectively, “Third-Party Accounts”). If you access the Services with we will collect information that you have agreed to make available such as your name, email address, and profile information (to utilize your profile photo in WolfPack’s services) with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to WolfPack under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
We collect information from your browser, computer, or mobile device, which provide us with when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.
Note: WolfPack does not capture your payment information. Rather, subscriptions are processed through integrated services from Paypal, Google, or Apple.
Cookies and Similar Technologies
When you visit the Services via the WolfPack website, a cookie will be stored on your computer. Generally, cookies and similar technologies work by assigning to your browser or device a unique number that has no meaning outside of WolfPack. WolfPack uses these technologies to personalize your experience and to assist in delivering content specific to your interests. Additionally, after you’ve entered your member ID and password during a session on the Services, WolfPack saves that information so you don’t have to re-enter it repeatedly during that session.
Most browsers automatically accept cookies. To manage the collection of information through cookies or other equivalent technology you can use the settings on your browser or mobile device. WolfPack is committed to providing you choices to manage your privacy and sharing. However, WolfPack does not recognize or respond to browser-initiated Do Not Track signals, as the internet industry has not fully developed Do Not Track standards, implementations and solutions. To learn more about Do Not Track signals, you can visit https://allaboutdnt.com. Not accepting cookies may make certain features of the Services unavailable to you. WolfPack may also use your IP address to identify you, to administer the Services and to assist in diagnosing problems with WolfPack’s servers.
The Services use log files. Stored information may include IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, and gather broad demographic information for aggregate use.
How WolfPack Uses Information
In WolfPack, real-time location information is shared among members of a pack actively sharing a group run together (including fellow participants in a public run). It is not shared with any other members.
We also use your information to analyze, develop and improve the Services. To do this, WolfPack uses third party analytics providers to gain insights into how our Services are used and to help us improve the Services. We may also use your information to provide support related to the Services, protect members and enforce our End User License Agreement, promote safety, and communicate with you. Additionally, your information may be shared with third parties, as set forth below.
WolfPack may de-identify or aggregate the content you make available in connection with the Services, in ways that do not personally identify you. Examples of such aggregated information or statistical data include information about usage, demographics, and runs/routes.
We use your information to communicate with you about the Services, send you marketing communications (where you have agreed to receive such messages), or let you know about new features or updates to our End User License Agreement. We also use your information to respond to you when you contact us.
How Information is Shared
We may share your information with third parties who provide services to WolfPack such as supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information.
Affiliates and Acquirers of our Business or Assets
We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our End User License Agreement or fraud or abuse of WolfPack or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.
We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.
How We Protect Information
We take several measures to safeguard the collection, transmission and storage of the data we collect. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system is 100% secure. The Services uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information. The Services are registered with site identification authorities so that your browser can confirm WolfPack’s identity before any personally identifiable information is sent. In addition, WolfPack’s secure servers protect this information using advanced firewall technology.
To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information to our payment processing partners and other personal information at the Services. Please note that if you do not use a SSL-capable browser, you are at risk for having data intercepted.
Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid services identification information for the Services you are communicating with, or send information over an unsecured connection. WolfPack recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the services you are visiting (secure URLs begin with https:// rather than http://), along with the security symbol of your browser to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the services to which you are connected. Please check the validity of any Services you connect to using secure communications.
While WolfPack continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and WolfPack cannot ensure or warrant the security of any information you transmit to WolfPack. Transmitting personal information is done at your own risk.
Managing Your Settings
Adjust Notification and Email Preferences
Updating Account Information
You may correct, amend or update profile or account information that is inaccurate at any time by adjusting that information in your account settings. Email address may not be changed after signing up for service as it is used to identify you as a user. If you need further assistance, please contact WolfPack at firstname.lastname@example.org. WolfPack will generally respond to your request within 7-10 business days.
Deleting Information and Accounts
You may request that your account is deleted by contacting email@example.com. Once deleted, your data, including your account, WolfPack’s, saved routes, and other activities cannot be reinstated.
Note that content you have shared with others (for example, chat messages with your WolfPacks, planned routes) or that others have copied may also remain visible after you have deleted your account or deleted the information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
WolfPack relies on third parties to process payment and subscription information which, among other benefits to users, limits the personal payment data shared and stored on our site. Because of this, deleting your account will not automatically end your paid subscription. You will need to additionally cancel the recurring subscription using instructions from the payment processor – Apple, Google, or Paypal. Relevant links are provided in our FAQ page at https://www.wolfpack.run/faq.
EU Members’ Rights
If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
Access and Porting
You can access much of your information by logging into your account. If you require additional access, or to download a copy of your data, contact us at firstname.lastname@example.org.
Rectify, Restrict, Limit, Delete
You can also rectify, restrict, limit or delete much of your information by logging into your account. If you are unable to do this, please contact us at email@example.com. WolfPack will generally respond to your request within 10-14 business days.
Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the terms of service described in our End User License Agreement. United States privacy laws may not be as protective as those in your jurisdiction.
Retention of Information
Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to WolfPack, such as statistics of the use of the Services. For example, we may retain publicly available routes in the run library and other depersonalized geolocation information to continue to improve the Services and provide functionality to other users. This information will be de-associated with your name and other identifiers.
Effective Date: February 1, 2019
WolfPack may host public packs (groups) using features of the Services. Your participation in such public groups is voluntary and you may enter or leave at any time.
Public groups are not moderated by WolfPack. As such, you and your fellow members of public groups shall adhere to the following general community guidelines to encourage a good experience for everyone. By participating in a public group, you must agree to the following guidelines on conduct:
Post content (including trips, written content, and photos) that are appropriate for a diverse audience.
Follow the law. Support or praise for terrorism, organized crime, or hate groups is not allowed. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases.
Threats of harm to public and personal safety are not allowed.