Mastodawn

Do you use AllTrails, GAIA GPS or onXmaps?
Surprise! Bet you did not know you are *indemnifying* those companies.

Worst case translation: The company is sued and you must reimburse the company for the attorney fees they spend defending themselves. That is my understanding of the gist of “indemnification”.

Disclaimer: I am not an attorney.

Links to TOS agreements. Search for ‘indemn’.

#AllTrails
https://www.alltrails.com/terms
See screenshot below. I added the yellow hi-lite.

#GaiaGPS, #Trailforks and more
https://www.outsideinc.com/terms-of-use/

#onXmaps
https://www.onxmaps.com/tou

#Hiking

Terms of service | AllTrails

AllTrails.com

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Akkana Peck Jan 21, 2024

@mappingsupport Good catch!

It looks to me (not a lawyer either) like the Outside/Gaia/Trailforks TOS mostly relates to you suing them, or someone else suing them for content you added. And they don't mention attorney's fees or even arbiter's fees. That clause from AllTrails, though, looks a lot worse.

All of these look like a good reason to use an #OpenStreetMap based app like #OsmAnd instead.

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Joseph Elfelt Jan 21, 2024

@akkana My understanding is that 'attorney fees' are part of the standard definition of "indemnification" even when a TOS does not specifically state "attorney fees".

Another OSM-based map option with a TOS that does not have an indemnification clause is #OrganicMaps. https://organicmaps.app/

And of course when I release GeoJPG v2 the TOS for that Web app will not have an indemnification clause. Instead there will be lingo saying 'use at your own risk' and that you agree not to file any claim/lawsuit against anyone in connection with your use of GeoJPG.

Organic Maps: Offline Hike, Bike, Trails and Navigation

Free, open-source, fast, privacy-focused, detailed offline maps for travelers, tourists, drivers, hikers and cyclists created by MapsWithMe/Maps.Me app founders

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Wes Plate Jan 21, 2024

@mappingsupport I use and LOVE GaiaGPS. 🥰