These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Black Hole Industries LLC ("Company," "we," "us," or "our"), the operator of TrackScout (the "Service"). By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" refers to that entity.
We may update these Terms at any time. Material changes will be communicated by email or by a prominent notice in the Service at least thirty (30) days before taking effect. Continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.
TrackScout is a software-as-a-service ("SaaS") platform that uses conversational artificial intelligence to assist users in planning adventure motorcycle routes and generating GPS Exchange Format ("GPX") track files based on community-submitted ride reports and publicly available mapping data. The Service is designed as a planning and reference tool only.
THE SERVICE IS A PLANNING AID AND DOES NOT REPLACE PROFESSIONAL JUDGMENT, LOCAL KNOWLEDGE, PHYSICAL RECONNAISSANCE, OR QUALIFIED GUIDE SERVICES. OFF-ROAD AND ADVENTURE MOTORCYCLE TRAVEL INVOLVES INHERENT RISKS INCLUDING SERIOUS INJURY OR DEATH.
All routes, suggestions, waypoints, and GPX files generated by the Service are:
No route generated by TrackScout should be treated as a guarantee that a road or trail is open, legal, passable, or safe. Always independently verify a route before riding it.
Off-road, backcountry, and adventure motorcycle travel involves significant and inherent risks, hazards, and dangers that cannot be eliminated, including but not limited to:
BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH OFF-ROAD AND ADVENTURE MOTORCYCLE TRAVEL, WHETHER OR NOT SUCH RISKS ARISE FROM OR ARE RELATED TO USE OF THE SERVICE, INCLUDING RISKS RESULTING FROM THE NEGLIGENCE OF THE COMPANY.
GPX tracks and route suggestions generated by the Service are based on AI-assisted planning using available data sources, which may be incomplete, outdated, or inaccurate. You are solely responsible for:
TrackScout is not a substitute for your own judgment, proper training, adequate safety gear, emergency preparation, or a qualified navigation device.
TrackScout makes no representations about road or trail surface quality, gradient, water crossing depth, obstacle clearance, or any other condition that may affect your motorcycle or equipment. You are solely responsible for assessing whether your vehicle and gear are suitable for any route suggested by the Service.
TrackScout is not liable for any damage to your motorcycle, tires, engine, frame, electronics, luggage, personal equipment, or any other property resulting from following a route generated by the Service.
Routes generated by TrackScout may traverse remote areas where fuel, water, food, shelter, and emergency services are unavailable for extended distances. TrackScout does not calculate or guarantee fuel range sufficiency for any route.
You are solely responsible for:
Running out of fuel, water, or other essential supplies in a remote location is a foreseeable risk of adventure riding. TrackScout accepts no liability for any consequences thereof.
Routes may be generated from crowd-sourced ride reports that describe travel across private land, land with restricted access, or land whose ownership or access rights have changed since the report was written. TrackScout does not verify the legal access status of any road, track, trail, or path.
You are solely responsible for:
TrackScout is not liable for any trespassing violation, civil claim, fine, or legal proceeding resulting from following a suggested route.
Routes generated by TrackScout may include roads, tracks, or trails that:
You are solely responsible for knowing and complying with all applicable federal, state, local, and international laws and regulations governing your ride. TrackScout does not provide legal advice and is not liable for any fine, citation, permit violation, or criminal charge incurred while following a suggested route.
The Company does not guarantee that the Service will be available at any particular time or that access will be uninterrupted, timely, secure, or error-free. The Service is provided on an "as is" and "as available" basis.
The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:
IN THE EVENT OF SERVICE DISRUPTION FOR ANY REASON, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS, SCHEDULED MAINTENANCE, OR TECHNICAL FAILURES, THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF REVENUE, PROFITS, OR DATA; INABILITY TO COMPLETE PLANNED TRIPS OR EXPEDITIONS; COSTS INCURRED DUE TO TRIP CANCELLATION OR RESCHEDULING; OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
The Company implements commercially reasonable technical and organizational security measures designed to protect your data against unauthorized access, disclosure, alteration, or destruction, including:
NO SECURITY SYSTEM IS IMPENETRABLE. The Company cannot guarantee absolute security of your data. Despite our reasonable efforts, unauthorized third parties may gain access to your data. In the event of a data breach, the Company will notify affected users as required by applicable law.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security at awest@blackholeindustries.net.
The Company retains your data for as long as your account is active or as needed to provide the Service, comply with legal obligations, resolve disputes, and enforce agreements. Upon account deletion, your personal data will be deleted or anonymized within thirty (30) days, except where retention is required by law.
The Company shall not be liable for any damages resulting from unauthorized access to your data by third parties, provided that the Company has implemented commercially reasonable security measures. You acknowledge that no security measure is 100% effective and accept this risk as a condition of using the Service.
The Service, including all software, algorithms, AI models, interfaces, branding, and content created by the Company, is the exclusive property of Black Hole Industries LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
You retain ownership of any routes, waypoints, notes, or other content you create using the Service ("User Content"). By submitting User Content to the Service, you grant the Company a non-exclusive, worldwide, royalty-free license to use, store, and process such content solely to provide and improve the Service.
GPX track files generated by the Service based on your inputs are provided for your personal use. The Company retains no ownership interest in GPX files generated for your specific routes, though the underlying algorithms and AI systems remain Company property.
The Service uses third-party data sources including OpenStreetMap, BRouter, Nominatim, and others. TrackScout makes no warranties regarding the accuracy, completeness, or currency of any third-party data. Third-party terms and licenses apply to their respective data.
You agree not to use the Service to:
The Service is offered under various subscription tiers with different features and pricing. Current pricing is available at the Service website and is subject to change with thirty (30) days advance notice to active subscribers.
Subscription fees are billed in advance on a recurring monthly basis via Stripe. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By providing payment information, you authorize the Company to charge your payment method on a recurring basis.
Except as required by applicable law, subscription fees are non-refundable. If you cancel your subscription, you will retain access to the Service until the end of your current billing period, after which access will terminate. Service credits or refunds will not be issued for service disruptions caused by force majeure events, scheduled maintenance, or disruptions attributable to third-party providers or user conduct.
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, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) ANY GPX TRACKS OR ROUTE DATA WILL BE ACCURATE, COMPLETE, OR CURRENT; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (D) ANY DEFECTS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRACKSCOUT (A PRODUCT OF BLACK HOLE INDUSTRIES LLC), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless TrackScout (a product of Black Hole Industries LLC) and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:
Before filing any formal dispute, you agree to contact the Company at awest@blackholeindustries.net and attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days of notice, either party may proceed to arbitration as described below.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Wayne County, Ohio, unless otherwise agreed by both parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION PROVISION SHALL BE NULL AND VOID.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. To the extent any claim proceeds in court rather than arbitration, you and the Company consent to exclusive jurisdiction and venue in the state or federal courts located in Wayne County, Ohio.
To the extent permitted by law, any claim must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred.
The Company may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. You may delete your account at any time.
The following sections shall survive termination: Section 3 (Safety Disclaimer and Assumption of Risk), Section 10 (Intellectual Property), Section 14 (Disclaimer of Warranties), Section 15 (Limitation of Liability), Section 16 (Indemnification), and Section 17 (Dispute Resolution and Arbitration).
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, understandings, and representations.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms without restriction.
For questions about these Terms, please contact us at:
Black Hole Industries LLC
awest@blackholeindustries.net
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.