Wylder Terms of Service + Privacy Policy

Welcome to Wylder. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Our websites (including www.wylder.cc), related mobile applications, and services (collectively, the “Services”) are made available to you by Wylder Industries, LLC, a Utah limited liability company, subject to these Terms of Service (these “Terms”) and in accordance with the Wylder Privacy Policy (the “Privacy Policy”).

You agree to comply with these Terms and any supplemental terms which Wylder makes available to you on the Services, which shall form part of these Terms. BY ACCESSING, USING, OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP,” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of these Terms conflicts with the English version, the English version controls.

The Services cannot be provided, and the agreement described in these Terms cannot be performed, without Wylder processing data about you and other Wylder athletes, including your location data. Processing of the data you share with Wylder, including location data, is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Wylder are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Wylder on an individual basis, unless you opt out in accordance with the instructions below.

Registration and Accounts

The Services are intended solely for persons who are 13 years old or older, or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction (typically 18), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We may require age verification or parental consent for users under 18, as applicable.

To use the Services, you must register. You agree to: (a) provide true, accurate, current, and complete information about yourself (“Athlete Data”) and (b) maintain and promptly update the Athlete Data. You agree that Wylder may use your Athlete Data to provide the Services and as set forth in these Terms and our Privacy Policy. If you provide any Athlete Data that is inaccurate or not current, or if Wylder has reasonable grounds to suspect as much, Wylder may suspend or terminate your account and refuse current or future use of the Services. You represent that you are not barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of your account password and restricting access to your password and devices while logged into the Services. You are responsible for all activities under your account or from your devices. We use reasonable security measures to protect against unauthorized access to your account, but we cannot guarantee absolute security or prevent third-party “hackers” from illegally accessing the Services. You agree to notify Wylder immediately at support@wylder.cc of any unauthorized use of your account or password, or any other breach of security, and you acknowledge all risks of unauthorized access to Athlete Data and other information you provide.

You may register or log in via third-party networks (e.g., Facebook, Google). By doing so, you authorize Wylder to pre-populate registration fields and/or use such credentials to log you in. You agree to comply with the terms and conditions of such third parties. By connecting to the Google Maps API, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

Fees and Payments

For Services currently provided free of charge, we reserve the right to establish or revise charges for all or part of the Services at any time in our sole discretion. We will provide reasonable notice of such charges via email or the Services, and you may cancel your account rather than pay. Continued use after such notice constitutes acceptance of the charges. Payment must be made via accepted methods (e.g., credit card) specified at the time of billing. Failure to pay may result in suspension or termination of your access. Refunds, if applicable, will be handled per our then-current refund policy. You may cancel your account at any time via account settings.

Content and Conduct

Content: You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted via a third-party API (e.g., Instagram). Public segments and routes created using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any Content and your name, username, or likeness in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or account.

You are solely responsible for all Content you upload or post. Wylder does not routinely screen or monitor Content but may, in its sole discretion, screen, hide, refuse, or remove Content that violates these Terms or is objectionable. We are not liable for any Content, including errors, omissions, or damages arising from its use. You bear all risks associated with Content, including reliance on its accuracy or usefulness.

Privacy Controls: You may mark certain Content as private, public, or available only to select users. We will maintain privacy in accordance with your elections and our Privacy Policy. If you make Content public, you are responsible for its public nature. We may use your profile name, photo, and activity information in ads or commercial contexts without compensation, subject to your privacy settings.

Conduct: The Services are for personal, noncommercial use. You may not engage in Prohibited Activities, including copying, scraping, reverse engineering, or using the Services for illegal, harmful, or infringing purposes (see full list in original Terms). You are granted a limited, non-exclusive right to link to the Services for non-commercial use, provided it does not misrepresent Wylder or link to objectionable material.

Data Privacy and Your Rights

We collect and process Athlete Data, including personal information (e.g., name, email, location), to provide the Services. Under the Utah Consumer Privacy Act (UCPA) and applicable laws, you have rights to:

Know: Request details about the categories and specific pieces of personal data we collect, use, or disclose.
Access: Obtain a copy of your personal data in a portable format.
Correct: Request correction of inaccurate personal data.
Delete: Request deletion of your personal data, subject to legal exceptions.
Opt-Out: Opt out of the sale of your personal data or its use for targeted advertising (if applicable).

To exercise these rights, contact us at support@wylder.cc with a verifiable request. We will respond within 45 days, subject to extensions allowed by law. We retain Athlete Data only as long as necessary to provide the Services, fulfill legal obligations, or resolve disputes, as detailed in our Privacy Policy. We implement reasonable technical and organizational measures to secure your data, but no system is immune to breaches. See our Privacy Policy for full details.

Interactions with Other Athletes

The Services connect athletes in a virtual platform. We are not responsible for the truth, accuracy, or safety of athlete interactions or postings. Exercise caution when engaging with others.

Third Parties

Third-party products and services are provided by third parties, not Wylder. We are not liable for your dealings with them or for the availability of external sites linked through the Services.

Electronic Communications

Communications via the Services (e.g., forums, chats) are public and governed by these Terms. Notices from us via email or the Services satisfy legal writing requirements.

Proprietary Rights

The Services, software, and aggregated data are protected by intellectual property laws. You are granted a personal, revocable, non-transferable license to use the Services, subject to these Terms. WYLDER and related trademarks are owned by WYLDER INDUSTRIES, LLC.

Claims of Infringement

We comply with the DMCA. Send copyright infringement notices to our agent: Josh Rosenthal, SUPPORT@WYLDER.CC, per the requirements outlined in the original Terms.

Your Feedback

Feedback you provide grants us a perpetual, royalty-free license to use and exploit it without restriction.

Disclaimer of Warranties and Liability

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY. WE DISCLAIM ALL IMPLIED WARRANTIES (E.G., MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). WE DO NOT GUARANTEE SERVICE AVAILABILITY, CONTENT ACCURACY, OR ERROR-FREE OPERATION. YOU ASSUME ALL RISKS FROM ATHLETIC ACTIVITIES AND USE OF THE SERVICES. WE ARE NOT LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, WITH OUR MAXIMUM LIABILITY CAPPED AT $100. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS.

Indemnity

You agree to indemnify Wylder against claims arising from your Content, use of the Services, or violations of these Terms or others’ rights.

Dispute Resolution

Arbitration: Disputes (except intellectual property claims or if you opt out) will be resolved by binding arbitration with JAMS under its consumer dispute rules. To opt out, email support@wylder.cc within 30 days of accepting these Terms. Arbitration is individual, not class-based.

Class-Action Waiver: Arbitration is in your individual capacity only. If this waiver is unenforceable, the arbitration provision is void.

Choice of Law and Forum: Utah law governs, with exclusive jurisdiction in Utah courts, subject to arbitration. Claims must be filed within one year.

United States Operation

The Services are operated from the U.S. Access from other regions is at your own risk and subject to local laws.

Termination

We may suspend or terminate your account for breaches, nonpayment, or other causes in our discretion, without liability.

General

These Terms are the entire agreement. No waiver of rights occurs by inaction. Assignment requires our consent. Notices via email or the Services are sufficient.

Modification of Terms and Services

We may update these Terms with notice via the Services or email. Continued use after modification binds you to the new Terms. We may modify or discontinue the Services at any time without liability.

Support and Questions

Effective Date: March 31, 2025