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PeakWait Terms of Service

Last updated: August 17, 2026 · Effective: August 17, 2026

PLEASE READ THESE TERMS CAREFULLY. They include an assumption of risk and release (Section 3), a limitation of liability (Section 10), and a binding arbitration agreement and class-action waiver (Section 12) that affect your legal rights, including how disputes are resolved.

1. Who we are

PeakWait ("PeakWait," "we," "us") is operated by PeakWait LLC. These Terms govern your use of the PeakWait iOS app and related services (the "Service"). By downloading or using the Service you agree to these Terms and to our Privacy Policy. You accept these Terms by tapping "I Agree" (or a substantially similar affirmative control) presented to you when you first use the Service and whenever we require you to accept updated Terms. Your affirmative acceptance — together with your continued use of the Service — is your electronic signature and agreement to be bound by all of these Terms, including the assumption of risk and release in Section 3, the limitation of liability in Section 10, and the binding individual-arbitration agreement and class-action waiver in Section 12. If you do not affirmatively agree, you are not authorized to use the Service and must not do so. By tapping "I Agree," you also represent that you are at least 18 years old, or that a parent or legal guardian who is at least 18 has read and agreed to these Terms — including the assumption of risk and release in Section 3 — on your behalf and on their own behalf. If you are between 13 and 17, you further represent that your parent or legal guardian has authorized your use of the Service and of any public-profile, leaderboard, or live-location-sharing feature you choose to enable.

2. Eligibility

You must be 13 or older to use PeakWait. If you are under the age of majority where you live, you may use the Service only with the involvement and supervision of a parent or legal guardian who has read and agreed to these Terms — including the assumption of risk and release in Section 3 — on your behalf and on their own behalf. A parent or legal guardian who permits a minor to use the Service agrees to these Terms for both themselves and the minor, assumes on the minor's behalf all of the risks described in Section 3, and agrees to indemnify, defend, and hold harmless the Released Parties (as provided in Section 11) from and against any claim, demand, loss, liability, or expense arising out of or related to the minor's use of the Service or activities on the mountain — including any claim brought by, on behalf of, or through the minor — to the fullest extent permitted by law.

3. ⚠️ Safety, assumption of risk, and release — read this first

Skiing, snowboarding, and other mountain and outdoor activities are inherently and abnormally dangerous. They involve serious risks of personal injury, permanent disability, and death — from terrain, weather, snow and ice conditions, collisions, equipment, lifts, other people, and your own choices. PeakWait does not reduce or remove these risks and is not a safety device.

Assumption of risk. You knowingly and voluntarily assume all risks — known and unknown — arising from your use of the Service and from your activities on or around the mountain. You acknowledge that under the Wyoming Recreation Safety Act (Wyo. Stat. Ann. §§ 1-1-121 to 1-1-123) and comparable laws in the state where you ski or ride — including, for example, the Colorado Ski Safety Act (C.R.S. § 33-44-101 et seq.), the Utah Inherent Risks of Skiing Act (Utah Code § 78B-4-401 et seq.), and the doctrine of primary assumption of risk recognized in California and other states — a skier or rider assumes and accepts the inherent dangers and risks of the sport, and no operator or provider is liable for injury resulting from those inherent risks.

Release. To the maximum extent permitted by law, you release, waive, and discharge PeakWait LLC and its owners, members, managers, officers, directors, employees, contractors, agents, service providers, licensors, and affiliates, and each of their respective successors and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, and liability for personal injury, death, or property damage arising out of or related to your use of (or inability to use) the Service or your activities on the mountain, whether or not caused by the ordinary negligence of the Released Parties, to the fullest extent the law allows. Some jurisdictions limit releases of a party's own negligence; this release applies to the maximum extent permitted where you live.

You further acknowledge and assume all risk of using a mobile device on or around the mountain, including any distraction, loss of awareness, collision, fall, or injury that could result from viewing, holding, or interacting with your phone or the app. You agree to use the app only while stationary and in a safe place, and you accept sole responsibility for any consequence of using it at any other time. To the maximum extent permitted by law, this assumption of risk and the release above apply to any claim for personal injury, death, or property damage arising from or related to your use of the app while on the mountain, whether or not caused by the ordinary negligence of the Released Parties.

Your fitness and self-reliance. You represent that you are physically fit and able to participate in skiing, snowboarding, and related mountain activities, that you assume full responsibility for evaluating whether the terrain, weather, snow, and other conditions are safe and appropriate for you, and that you are not relying on PeakWait to make that evaluation.

Nothing in these Terms releases, limits, or excludes liability for gross negligence, willful or wanton conduct, or fraud, or any liability that cannot be waived or limited under applicable law.

Interactions and location you share with other users. PeakWait lets you voluntarily connect with, and share your live location, activity, and profile with, people you choose. You alone decide whom to connect with and what to share, and you are solely responsible for those choices. The Released Parties are not responsible for the conduct of any user and disclaim all liability for any harm — including harassment, stalking, injury, or death — arising from your interactions with other users or from any user's use or misuse of location or information you chose to share. Once you share your live location, a buddy may view or record it on their own device, outside our control, until it expires. Live location-sharing is a convenience feature for coordinating with people you already know and trust. It is NOT a safety, security, tracking, monitoring, supervision, or emergency service; it may be delayed, inaccurate, incomplete, or unavailable; and you must not rely on it to locate any person, to keep any person safe, or in any emergency. We do not verify the identity, age, or intentions of any user, and you are solely responsible for deciding whom to connect with and what to share. Once you share your live location, a buddy may view or record it on their own device, outside our control, until it expires. Live location-sharing is off by default; if you ever feel unsafe, turn it off in the app and contact local law enforcement or 911.

4. Your account and device

Sign in with Apple is optional and is handled entirely on your device; we do not create or maintain a server-side account for you. An anonymous device identifier is used to authenticate report submissions, rate-limit, and detect abusive or coordinated activity; you are responsible for all activity that occurs through your device and the app, and you may reset the identifier in Settings. This identifier, and your affirmative acceptance recorded with it, evidence your agreement to these Terms, including the arbitration agreement and class-action waiver in Section 12 and the release in Section 3.

5. User reports and acceptable use

You may submit queue/line reports. You agree that reports you submit are truthful to the best of your knowledge. You agree not to:

Buddy location sharing is provided solely for coordinating between users who have mutually consented; any other use is prohibited. We may remove reports and suspend or terminate access for conduct that violates these Terms, and we may remove, reclaim, or reset any public handle or avatar at our discretion for any violation.

Leaderboards, points, and reputation. Leaderboard standings, points, reporter reputation and trust tiers, and similar rankings — and the public display of your handle, avatar, and season totals — are provided for engagement only, have no cash or monetary value, and confer no property right or entitlement. We may calculate, weight, correct, recalculate, adjust, reset, remove, or withhold any standing, score, point total, reputation, or public display at any time, including to fix errors or to counter suspected manipulation, coordinated activity, or other abuse, without notice or liability. You grant us the license in this Section to display the handle, avatar, and season totals you choose to make public, including on shareable links you generate.

We are not the author of user content and we do not verify users. PeakWait is a provider of an interactive computer service under 47 U.S.C. § 230. Queue and line reports, public handles, avatars, profiles, presence, and other user content are created by users, not by PeakWait, and we are not the publisher or speaker of that content. We have no obligation to monitor, screen, moderate, verify, or remove user content, users' identities, or user interactions, and we do not conduct background checks or verify the identity, age, character, location, or intentions of any user. Any monitoring or moderation we choose to perform is voluntary, does not create a duty to perform more, and does not make us responsible for user content or conduct. To the fullest extent permitted by law, PeakWait is not responsible or liable for any user content, for any user's conduct (online or offline), or for any interaction, meeting, or communication between users; your sole recourse for objectionable content or conduct is to stop using the affected feature, block or disconnect from the user, and, where appropriate, contact law enforcement.

No duty to store. We have no obligation to store, retain, or back up your reports or other content, and we may remove, purge, or delete them at any time consistent with our Privacy Policy.

Reports come from other users. Queue and line reports are crowd-sourced from other users and are not created, verified, endorsed, or guaranteed by PeakWait. They may be inaccurate, incomplete, stale, mistaken, or intentionally false, and PeakWait is not responsible for any report submitted by another user or for any action you take in reliance on one. You rely on user-submitted reports at your own risk, subject to the disclaimers in Section 9 and the safety terms in Section 3.

Your representations. For any report, handle, avatar selection, or other content you submit, you represent and warrant that you own or have all rights necessary to submit it and to grant the license in this Section, and that the content does not violate any law or any third party's rights (including privacy, publicity, or intellectual-property rights).

License to your reports. You retain any rights you have in the reports and content you submit. By submitting them, you grant PeakWait a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to host, use, reproduce, aggregate, analyze, and create derivative works from that content, and to incorporate it into PeakWait's aggregated, de-identified data, estimates, predictions, and products (including data products), for any purpose related to operating and improving the Service and our business. This license survives termination.

Feedback. If you send us feedback, suggestions, or ideas, you grant us an unrestricted, perpetual, royalty-free right to use them without any obligation or compensation to you.

6. Subscriptions and billing

PeakWait offers PeakWait Plus, sold through Apple, on these plans (final prices set in App Store Connect and shown in-app before purchase; a 7-day free trial may be offered on the annual plan):

Prices may vary by region. Before you confirm a purchase, Apple's purchase screen shows all material terms — the price, the billing frequency, that the plan renews automatically, the length of any free trial, and the price charged after the trial. Completing the purchase is your consent to those recurring charges. Payment is charged to your Apple Account at confirmation.

The annual and monthly plans renew automatically at the then-current price unless canceled at least 24 hours before the end of the current period; your Apple Account is charged for renewal within 24 hours before the period ends. Where a free trial is offered, it converts to the paid plan unless canceled at least 24 hours before it ends. You can cancel anytime in iOS Settings → your name → Subscriptions, effective at the end of the current period; you keep access until then, and partial periods are not refunded except as Apple's terms provide. Refunds are handled by Apple under the App Store terms. Features included in each tier may change; we will not materially reduce a paid tier's core features during a paid period without offering a remedy.

Price changes. We may change subscription prices. Any price change applies only to billing periods after it takes effect. Where an increase would apply to your renewal, Apple will notify you and, where required, obtain your consent before the higher price is charged; if you do not agree, you may cancel before your next renewal.

Promotional and earned access. We may provide PeakWait Plus features at no charge — for example, temporary access earned through reporter reputation ("Earned Plus"), complimentary or grandfathered access we grant at our discretion, or other promotions. Promotional and earned access is a revocable license, not a purchase: it has no cash value, is non-transferable, is not redeemable for money, and may be modified, suspended, reduced, or revoked at any time, for any reason, including suspected abuse, gaming, or coordinated activity, without notice or liability. Promotional access is not an auto-renewing subscription and gives you no right to any future free access.

7. Intellectual property

The Service, including its software, design, and PeakWait's own aggregated data and predictions, is owned by PeakWait and its licensors. Lift/resort status is sourced from licensed and public feeds through our backend and remains the property of its respective owners. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use the app for its intended purpose. All rights not expressly granted are reserved.

8. Third-party data and attribution

The Service incorporates data from third parties (e.g. mapping and weather sources) under their respective licenses, with attribution shown in-app where required. Their data is provided "as is" and we do not guarantee its accuracy. Our third-party data providers are intended beneficiaries of the disclaimers and limitations in Sections 9 and 10, and you will not bring claims against us for the accuracy or availability of their data.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that lift status, wait bands, routing, snow, or any other information is accurate, complete, current, reliable, or uninterrupted, or that the Service will be error-free or secure. Some features may be offered on a beta, preview, or trial basis and may be changed, limited, or withdrawn at any time; they are provided "as is," with no guarantee of availability, performance, or continued support.

10. Limitation of liability

Personal injury and death arising from your activities on the mountain are governed by the assumption of risk and release in Section 3, not by the dollar cap in this Section.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY DECISIONS MADE WHILE SKIING OR RIDING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For the avoidance of doubt, the disclaimers and limitations in Sections 9 and 10 apply to any claim arising from unauthorized access to, or loss, alteration, or disclosure of, data, and no method of transmission or storage is perfectly secure; nothing in this Section limits any right you have under applicable data-breach notification laws. FOR ALL OTHER CLAIMS, THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $50. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case our liability is limited to the smallest amount permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) reports or content you submit; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

12. Dispute resolution — binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS.

13. Governing law and time to bring claims

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. Nothing in this Section deprives you of the protection of any mandatory consumer-protection provisions of the law of the state where you reside that cannot be waived by agreement. To the extent any dispute is not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Wyoming, except where prohibited by law. Any claim arising out of or related to the Service must be filed within ONE (1) YEAR after the claim arose; otherwise it is permanently barred, except where a longer period is required by law (including for statutory personal-injury claims).

14. Copyright — notice and takedown (DMCA)

If you believe content on the Service infringes your copyright, send a notice with the information required by 17 U.S.C. § 512 to our designated agent: [email protected] (subject "DMCA"). We respond to valid notices and may remove infringing material and terminate repeat infringers.

15. General

16. Changes to the Service or Terms

We may update the Service and these Terms. We may also modify, suspend, or discontinue the Service or any feature (free or paid), in whole or in part, at any time and without liability, except that we will not materially reduce a paid tier's core features during a period you have already paid for without offering a pro-rata refund or a comparable remedy, as described in Section 6. Material changes will be reflected by the "Last updated" date and, where appropriate, by in-app notice. Where we require it, you will be asked to accept the updated Terms by tapping "I Agree." Continued use after changes take effect means you accept the updated Terms.

17. Termination

You may stop using the Service at any time. We may suspend or terminate access for violations of these Terms or to comply with law. On termination, our handling and deletion of your data is governed by the Privacy Policy; you may request deletion or export as described there. Sections that by their nature should survive termination (including 3, 5 (license and acceptable use), 6 (promotional and earned access; no cash value), 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, and 19) survive.

18. Apple-required terms

These Terms are the license agreement (EULA) between you and PeakWait only, not Apple; Apple is not a party to it and is not responsible for the app or its content. The app is licensed, not sold, to you for use only under these Terms. This license is non-transferable and permits you to use the app on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions / App Store Terms of Service, which are incorporated by reference.

19. Severability and entire agreement

If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the rest will remain in effect. These Terms and the Privacy Policy are the entire agreement between you and PeakWait regarding the Service.

20. Contact

[email protected] · PeakWait LLC.