Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the mobile application Send it! Outside (the “App”) and any related services provided by Koedal, Inc. (“we,” “us,” or “our”). By creating an account, uploading any content, or otherwise using the App, you agree to be bound by these Terms. If you do not agree, you must not create an account or use the App.

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms in the App and updating the effective date. Your continued use of the App after the changes take effect constitutes your acceptance of the revised Terms.

1. Eligibility and Accounts

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the App. By using the App, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

To use certain features, you must create an account with a valid name and email address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

2. User Content and Ownership

All photos, GPS coordinates and other EXIF data extracted from photos, metadata (including but not limited to trail names, park names, photo names, and descriptions), and any other materials you submit or upload to the App (“User Content”) remain your property. You retain ownership of all User Content you upload.

By uploading or submitting any User Content, you represent and warrant that:

• You are the sole owner of the User Content or that you have all necessary rights, licenses, consents, and permissions to upload, submit, and grant the licenses described below.
• The User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other rights.
• The User Content complies with all applicable laws and these Terms.

You are solely responsible for your User Content and for ensuring you have the legal right to share it publicly through the App.

3. License Grant to Us

Although you retain ownership of your User Content, by uploading, submitting, posting, or otherwise providing any User Content to or through the App, you grant Koedal, Inc. a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to host, use, reproduce, modify, adapt, create derivative works of, distribute, publicly perform, publicly display, translate, and otherwise exploit your User Content in any manner and for any purpose whatsoever (including without limitation commercial, promotional, marketing, advertising, product development, research, analytics, and any other business purposes), in any and all media formats and channels now known or hereafter developed.

This license is similar to the broad content license granted to Instagram and Meta and survives even if you delete your account or specific User Content (copies may remain in backups or caches for a reasonable period).

We do not claim ownership of your User Content, but we may use the data collected (including automatically extracted EXIF/GPS data and usage data) as described in our Privacy Policy and for any purpose permitted under the license above.

4. Prohibited Conduct

You agree not to:

• Upload User Content that is illegal, harmful, threatening, abusive, defamatory, obscene, or that violates any third-party rights.
• Upload content you do not own or have rights to.
• Attempt to override or circumvent any security or access controls of the App.
• Use the App for any commercial purpose without our prior written consent.
• Reverse engineer, decompile, or attempt to derive the source code of the App.
• Harass, threaten, or impersonate other users.
• Use automated means (bots, scrapers, etc.) to access or collect data from the App without permission.

We reserve the right (but have no obligation) to review, monitor, remove, or refuse any User Content that violates these Terms.

5. Our Rights and the App

The App, its design, software, logos, and all content we provide (excluding your User Content) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App solely for personal, non-commercial use as permitted by these Terms.

We may, at any time and without notice:

• Modify, suspend, or discontinue any part of the App.
• Remove or refuse any User Content.
• Terminate or suspend your account for any reason, including violation of these Terms.

6. Disclaimers and Limitations of Liability

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the App will be error-free, uninterrupted, or secure, or that any location data or photos will be accurate. GPS and location features rely on device and network conditions outside our control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE CLAIM.

7. Indemnification

You agree to indemnify, defend, and hold harmless Koedal, Inc., our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your User Content (including any claims that it infringes third-party rights).
• Your violation of these Terms or any applicable law.
• Your use of the App.

8. Termination

You may delete your account at any time through the App settings. We may terminate or suspend your account or access to the App at our sole discretion, with or without notice, for any reason. Upon termination, your license to use the App ends, but the licenses you granted us in your User Content survive.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of laws principles. Any disputes arising out of or related to these Terms or the App shall be resolved exclusively in the state or federal courts located in California.

10. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the App. If any provision is held invalid, the remainder remains in effect. Our failure to enforce any right does not waive that right. We may assign these Terms without notice.

11. Contact Us

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

Email: privacy@senditoutside.com

By clicking “I Agree” or otherwise creating an account or using the App, you confirm that you have read, understood, and agree to be bound by these Terms of Use, including the ownership representations, the broad license you grant us (allowing us to use your submitted data for any purpose desired), and all limitations of liability and protections provided to the company.