Terms of Service

1. About these terms

These Terms of Service (“Terms”) are an agreement between you and Broski App Limited (NZBN 9429053334664), a company registered in New Zealand (“Broski”, “we”, “us”, “our”). They apply to the Broski mobile app and our website at broski.app (together, the “Service”).

By creating an account or using the Service, you agree to these Terms, our Community Guidelines (which form part of these Terms) and our Privacy Policy. If you don’t agree, please don’t use the Service.

2. Who can use Broski

To use Broski, you must:

• be at least 18 years old;
• be able to form a binding contract, and not be barred from using the Service under any applicable law;
• not have been convicted of a violent or sexual offence, or be required to register as a sex offender anywhere;
• not have had a Broski account removed by us, unless we’ve given you permission to come back.

3. Your account

• Give accurate information when you sign up, and keep it up to date.
• You may only have one account, and it’s personal to you. Don’t share it or let anyone else use it.
• Keep your login details secure. You’re responsible for activity on your account. Tell us straight away at calebjmadgwick@gmail.com if you think someone else has accessed it.
• If you sign in with a third-party service such as Sign in with Apple, that service’s terms also apply to how you sign in.

4. The Broski service

Broski helps skiers and snowboarders find people to ride with. Features include rider profiles, availability calendars and trips, finding riders by resort and date, a map of nearby riders, contact requests, private messaging once a request is accepted, resort, pass and event group chats, and events and meetups.

Broski is currently free to use. We’re constantly improving it, so we may add, change or remove features at any time. We aim to keep the Service available and reliable, but we can’t promise it will always be available, uninterrupted or error-free.

5. Paid features

We may offer optional paid features or subscriptions in the future (for example, “Broski Pro”). If we do:

• we’ll show you the price and what’s included before you buy;
• purchases in the app are processed by Apple or Google and are also subject to their terms;
• subscriptions renew automatically until you cancel, which you can do at any time in your App Store or Google Play account settings, at least 24 hours before the end of the current period;
• refunds are handled by Apple or Google under their policies, without affecting any rights you have under consumer law.

6. Community rules and acceptable use

Everyone on Broski must follow our Community Guidelines. We have zero tolerance for objectionable content and abusive behaviour. In particular, you must not:

• harass, bully, threaten, stalk, intimidate or discriminate against anyone;
• post content that is hateful, sexually explicit, violent, defamatory, misleading or illegal;
• post anything that sexualises or endangers children;
• impersonate anyone, or misrepresent your identity, age or riding ability;
• use Broski to advertise, sell, solicit money, run scams, or send spam;
• share other people’s personal information, messages or photos without their consent, or use Broski to track someone;
• use bots, scrapers or other automated means to access the Service or collect information from it;
• reverse engineer, decompile, interfere with, or try to get around the security or limits of the Service, except where the law allows;
• upload viruses or malicious code, or do anything that could damage, overload or impair the Service;
• infringe anyone’s intellectual property or other rights;
• encourage dangerous activity, including riding in closed terrain or ignoring ski patrol instructions.

7. Your content

“Your content” means anything you add to Broski, such as photos, profile information, prompts, messages, availability, trips and events. You own your content.

So that we can run the Service, you give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, adapt (for example, resize or crop) and share your content, only as needed to operate, provide, secure and improve Broski. This licence ends when you delete the content or your account, except where it has been shared with others (for example, messages in a chat) or where we need to keep it for legal reasons, as explained in our Privacy Policy. We won’t use your photos or profile in our marketing without asking you first.

You confirm that:

• you have the rights to the content you post, including permission from anyone else who appears in your photos;
• your content follows these Terms and our Community Guidelines.

Remember that your profile, photos and activity (such as availability, trips, events and chat messages) are visible to other Broski users.

8. Reporting, blocking and moderation

You can block any user, and report users or events from inside the app. You can also email us at calebjmadgwick@gmail.com. We review reports as quickly as we can and prioritise anything involving someone’s safety. We may, but don’t have to, monitor or review content. We may remove any content, or restrict, suspend or terminate any account, if we reasonably believe it breaks these Terms or the law, or puts anyone at risk.

9. Meeting other riders

Broski does not run criminal background checks, verify identities, or check the riding ability of its users. We don’t control and can’t be responsible for how other users behave, on or off the app. You are solely responsible for your interactions with other users and for deciding whether to meet anyone. Please read and follow our Safety Tips.

10. Mountain activities and assumption of risk

Skiing, snowboarding and other mountain activities carry inherent risks of injury and even death. These include falls, collisions, changing weather and snow conditions, avalanches, terrain hazards, equipment failure, and the actions of other people. By using Broski to arrange activities:

• you accept these risks and take responsibility for your own safety and decisions;
• you’ll ride within your ability and follow resort rules, closures and ski patrol instructions;
• you understand that Broski does not organise, supervise, guide, instruct or insure any activity;
• you’re responsible for having appropriate insurance, equipment and training, including avalanche training and equipment for any backcountry or off-piste travel.

11. Events and meetups

Events are created by users and organisations, not by Broski. Hosts are responsible for the accuracy of their events, for running them safely and lawfully, and for having any permits, licences or resort permissions they need. Hosts must not offer paid lessons or guiding unless properly licensed and authorised. Broski is not a party to any arrangement between hosts and attendees.

12. Third-party services and information

The Service relies on and links to third-party services, such as Apple, Amazon Web Services, our chat provider, map and weather services, and resort information. We aren’t responsible for third-party services or websites, which have their own terms and privacy policies. Resort details, maps, weather forecasts and distances in the app are provided for general information only and may not be accurate or up to date. Always check official resort and avalanche information.

13. Our intellectual property

The Service, including the Broski name, logo, app, design and software, belongs to us or our licensors and is protected by intellectual property laws. Provided you follow these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own non-commercial purposes. You may not copy, modify, distribute, sell or lease any part of the Service except as these Terms allow.

If you send us feedback or ideas, we may use them without any obligation to you.

14. Privacy

Our Privacy Policy explains what personal information we collect, how we use and share it, and your rights.

15. Ending your use of Broski

You can stop using Broski at any time, and delete your account in the app under Settings. See Delete Your Account.

We may suspend or terminate your account, or restrict your access, if you break these Terms, if we’re required to by law, or if we reasonably believe it’s necessary to protect other users or Broski. Where appropriate, we’ll tell you why. We may also stop providing the Service altogether, in which case we’ll give reasonable notice where we can.

Sections that by their nature should continue after termination (including your content licence for content already shared, disclaimers, limitation of liability, indemnity and dispute terms) will continue to apply.

16. Disclaimers

To the extent permitted by law, the Service is provided “as is” and “as available”, and we make no warranties or guarantees about it, including that you’ll find people to ride with, that matches or suggestions will suit you, or that the Service will be secure, error-free or always available.

Your consumer rights. Nothing in these Terms limits any rights you have under consumer protection laws that can’t be excluded, such as the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986, the Australian Consumer Law, or the consumer laws of the UK and the EU. If you use the Service for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by that Act.

17. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for the conduct of any user, on or off the Service, or for any injury, loss or damage arising from meetups, events or mountain activities arranged through the Service;
• we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, data, goodwill or opportunity;
• our total liability to you for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose, or NZ$100.

These limits don’t apply to liability that can’t legally be limited, such as liability for fraud, or (where the law of your country provides) for death or personal injury caused by our negligence. In New Zealand, personal injury is generally covered by the Accident Compensation Corporation (ACC) scheme.

18. Indemnity

To the extent permitted by law, you agree to cover us for any claims, losses and reasonable costs (including legal fees) arising from your breach of these Terms, your content, or your conduct towards other users. This doesn’t apply to the extent a loss was caused by us.

19. Governing law and disputes

If you have a problem with Broski, please contact us first at calebjmadgwick@gmail.com. Most issues can be sorted out quickly.

These Terms are governed by the laws of New Zealand, and the courts of New Zealand have non-exclusive jurisdiction. If you’re a consumer living in another country, you keep the protection of any mandatory laws of that country, and you can bring proceedings in your local courts where those laws allow.

20. Changes to these terms

We may update these Terms from time to time, for example when we add features or when the law changes. We’ll change the “last updated” date above, and if the changes are significant we’ll tell you in the app or by email before they take effect. If you keep using Broski after changes take effect, you’re agreeing to the updated Terms. If you don’t agree, you can delete your account.

21. General

• These Terms, together with the documents they refer to, are the whole agreement between you and us about the Service.
• If any part of these Terms is found to be unenforceable, the rest stays in effect.
• If we don’t enforce a right straight away, we haven’t given it up.
• You can’t transfer your rights under these Terms. We may transfer ours, for example as part of a merger or sale, as long as it doesn’t reduce your rights.
• We aren’t responsible for delays or failures caused by events outside our reasonable control.

22. Apple App Store terms

If you downloaded Broski from the Apple App Store, these extra terms apply:

• These Terms are between you and Broski App Limited only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your licence to use the app is limited to using it on Apple devices you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to meet any applicable warranty, you can notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses or costs from a failure to meet a warranty are our responsibility, to the extent they can’t be excluded.
• We, not Apple, are responsible for handling any claims relating to the app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
• If anyone claims that the app infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms (such as your mobile carrier’s) when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce them against you.
• Questions, complaints or claims about the app should be sent to us using the details below.

23. Google Play terms

If you download Broski from Google Play, the Google Play Terms of Service also apply to your download and to any in-app purchases. Google is not responsible for the app or its content.

24. Contact us

Broski App Limited
NZBN 9429053334664
Wellington, New Zealand
Email: calebjmadgwick@gmail.com