Terms of Service

Effective Date: February 25, 2026

Welcome to Bluebird Mountain Company LTD ("Bluebird," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of the Varda ski and snowboard navigation application, website, and all related services (collectively, the "Service"). The Service is operated by Bluebird Mountain Company LTD, a company registered in England and Wales, United Kingdom.

By downloading, installing, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.

These Terms apply to all users of the Service worldwide. Certain provisions specific to users in particular jurisdictions are set out in Section 18 below.

1. Eligibility

You must be at least sixteen (16) years of age to use the Service, or the minimum age required by the laws of your country of residence if higher. If you are under the age of legal majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to request proof of age or parental consent at any time and to terminate accounts that do not meet these requirements.

2. Navigational Aid Only — Safety Disclaimer

The Service is provided as a navigational aid only. It is not a substitute for your own judgment, situational awareness, skill assessment, or safe skiing and snowboarding practices.

You acknowledge and agree that:

• You must obey all posted resort signage, trail closures, rope lines, boundary markers, and instructions from ski patrol or resort staff at all times, even if the Service suggests a route through a closed or restricted area.
• Mountain conditions change rapidly and unpredictably — including weather, visibility, snow coverage, ice, avalanche risk, trail grooming, lift operations, and terrain features. The Service may not reflect current real-world conditions.
• You must exercise caution and ski or ride within your ability level at all times, regardless of any route, difficulty rating, or suggestion provided by the Service.
• You must never rely solely on the Service for safety-critical decisions, including but not limited to decisions about route selection, avalanche terrain, backcountry travel, or emergency response.
• The Service is not an emergency or rescue tool. In any emergency, contact local ski patrol, mountain rescue, or emergency services (e.g., 911, 112, or your local equivalent) immediately.
• Route suggestions, estimated times, difficulty ratings, and other navigational data are approximations only and may contain errors or be outdated.

We do not guarantee the accuracy, completeness, timeliness, or reliability of any route, map data, trail information, resort data, or points of interest provided through the Service.

3. Assumption of Risk

Skiing, snowboarding, and other mountain activities are inherently dangerous and carry risks of serious injury or death. These risks include but are not limited to: collisions with other people, trees, rocks, lift towers, or man-made structures; falls; avalanches; changing weather and snow conditions; getting lost; equipment failure; and unmarked hazards.

By using the Service, you expressly acknowledge and voluntarily assume all risks associated with skiing, snowboarding, and mountain activities, whether or not such risks are described in these Terms. You agree that your use of the Service does not reduce or eliminate any inherent risks of mountain sports.

You are solely responsible for assessing conditions, your own abilities, and any hazards before and during your activities. The Service does not replace the need for proper training, equipment, physical fitness, or local knowledge.

4. No Warranties & Limitation of Liability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability.

To the fullest extent permitted by applicable law:

• We disclaim all liability for any injuries, losses, damages, or costs arising from your use of or inability to use the Service, including but not limited to personal injury, death, property damage, lost data, or any reliance on navigational information, route suggestions, or map data.
• In no event shall Bluebird Mountain Company LTD, its officers, directors, employees, contractors, affiliates, licensors, or partners be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, regardless of the cause of action or theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you for any and all claims arising from or related to the Service shall not exceed the greater of (a) the amounts you have actually paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty British pounds (GBP £50.00).
• We are not liable for any failure or delay in the Service caused by circumstances beyond our reasonable control, including but not limited to natural disasters, extreme weather, power or telecommunications outages, GPS satellite issues, acts of government, or third-party service failures.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages (including death or personal injury caused by negligence). In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) any other liability that cannot be excluded or limited under applicable law, including the Consumer Rights Act 2015.

5. User Responsibilities — Location Sharing & Meetups

The Service includes features that allow you to share your real-time location with other users and coordinate meetups on the mountain. By using these features, you acknowledge and agree that:

• You share your location voluntarily and at your own risk. You control when and with whom your location is shared.
• You are solely responsible for deciding whom you share your location with. Only share with people you personally know and trust.
• We are not responsible for any interactions, disputes, disagreements, injuries, or incidents that occur between users who connect, meet up, or coordinate through the Service.
• You may disable location sharing at any time through the app settings. Disabling sharing may limit certain features of the Service.
• Location data may be imprecise, delayed, or unavailable due to GPS limitations, signal interference, battery constraints, network conditions, mountainous terrain, dense tree cover, weather, or environmental factors. Do not rely on location data for safety-critical purposes.
• You must not share the location of minors without the consent of their parent or legal guardian.
• Meeting up with other users is done entirely at your own risk. We do not verify the identity, background, or intentions of any user.

You agree not to use location-sharing or meetup features to harass, stalk, surveil, threaten, or engage in any conduct that is harmful, abusive, or unlawful toward any other person.

6. User Accounts & Registration

Certain features of the Service may require you to create an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain and promptly update your information to keep it accurate.
• Keep your login credentials confidential and not share them with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at info@bluebirdmountainltd.com if you suspect unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including breach of these Terms.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable local, national, and international laws and regulations. You shall not:

• Use the Service in any way that could endanger yourself or others.
• Use the Service while engaged in activities that require your full attention in a manner that could create unsafe conditions (e.g., actively navigating the app at high speed).
• Attempt to interfere with, disrupt, or compromise the integrity, security, or performance of the Service or its infrastructure.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Scrape, harvest, or collect data from the Service by automated means without our written consent.
• Misrepresent your identity, impersonate another person, or create accounts under false pretenses.
• Upload, transmit, or distribute any viruses, malware, or other harmful code.
• Use the Service to infringe on the intellectual property or other rights of any third party.
• Resell, sublicense, or commercially exploit the Service without our prior written consent.

8. Intellectual Property

The Service and all its content — including but not limited to software, code, algorithms, designs, graphics, maps, trail data, logos, trademarks, and text — are the property of Bluebird Mountain Company LTD or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include the right to modify, copy, distribute, sell, or create derivative works from any part of the Service.

All rights not expressly granted herein are reserved.

9. Third-Party Content & Services

The Service may display, include, or make available content from third parties, including resort data, trail maps, weather information, advertisements, and links to third-party websites or services. We do not control, endorse, or assume responsibility for any third-party content or services.

Your interactions with third parties found on or through the Service are solely between you and the third party. We are not responsible for any loss or damage arising from such interactions.

10. Subscriptions & Payments

The Service may offer auto-renewing subscription plans that unlock additional features. By purchasing a subscription, you agree to the following:

• Billing. Subscriptions are billed through your Apple App Store or Google Play account. Pricing is displayed in the app and may vary by region and currency. All prices include applicable taxes unless otherwise stated.
• Auto-renewal. Your subscription automatically renews at the end of each billing period (monthly or annual, as selected) unless you cancel before the renewal date.
• Cancellation. You may cancel your subscription at any time through your device's platform settings (Apple App Store or Google Play). Cancellation takes effect at the end of the current billing period; you will retain access until that date.
• Free trials. If a free trial is offered, it converts to a paid subscription at the end of the trial period unless cancelled beforehand.
• Refunds. Refund requests are handled by Apple or Google in accordance with their respective refund policies. Bluebird Mountain does not process payments or issue refunds directly.
• Subscription infrastructure. We use a third-party service to manage subscription entitlements and purchase validation. This service processes anonymised purchase data on our behalf.
• Price changes. We may change subscription pricing from time to time. Where required by applicable law or platform policy, we will provide advance notice before any price increase takes effect. Continued use after a price change constitutes acceptance of the new pricing.

11. Route Computation & Backend Services

The Service computes ski and snowboard routes using Bluebird Mountain's own backend routing service. Your location data is transmitted to our servers for route calculation and is processed transiently — it is not stored after the route is returned to your device. Route suggestions are approximations only and are subject to the safety disclaimers in Section 2.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Bluebird Mountain Company LTD, its officers, directors, employees, contractors, agents, affiliates, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Service.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party, including other users.
• Any content you submit, post, or transmit through the Service.
• Your negligent or willful misconduct.

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

13. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal data, including location data. By using the Service, you consent to the practices described in the Privacy Policy.

Data controller: Bluebird Mountain Company LTD is the data controller for personal data processed through the Service. As a UK-registered company, we comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 as our primary data protection framework. Where applicable, we also comply with the EU General Data Protection Regulation (EU GDPR) and other local data protection laws.

Location data: The Service collects and processes location data to provide navigation, social, and safety features. This data is handled in accordance with applicable data protection laws.

International data transfers: Your data may be transferred to and processed in countries other than your country of residence. Where required by law, we implement appropriate safeguards — such as Standard Contractual Clauses (SCCs), the UK International Data Transfer Agreement (IDTA), or an adequacy decision — to protect your data during such transfers.

Your rights: Depending on your jurisdiction, you may have rights regarding your personal data, including access, correction, deletion, portability, and the right to object to or restrict processing. UK and EU users may also lodge a complaint with their local supervisory authority (for UK users, the Information Commissioner's Office at ico.org.uk). To exercise any data rights, contact us at info@bluebirdmountainltd.com.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may stop using the Service at any time by deleting your account and uninstalling the application.

Upon termination:

• Your right to use the Service ceases immediately.
• We may delete your account data, subject to our data retention obligations under applicable law.
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 3 (Assumption of Risk), 4 (Limitation of Liability), 12 (Indemnification), 16 (Governing Law), and 17 (General Provisions).

15. Changes to the Service & Terms

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may revise these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms with a new effective date, and where required by law, by providing additional notice (such as an in-app notification or email). Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

16. Governing Law & Dispute Resolution

Governing law: These Terms are governed by and construed in accordance with the laws of England and Wales, United Kingdom, except where overridden by mandatory consumer protection laws of your country of residence.

Informal resolution: Before filing any formal claim, you agree to first contact us at info@bluebirdmountainltd.com and attempt to resolve the dispute informally for at least thirty (30) days.

Jurisdiction: Subject to the arbitration clause below, the courts of England and Wales shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. This means you may bring a claim in England and Wales or, if you are a consumer, in the courts of your country of residence.

Arbitration: If informal resolution fails, either party may elect to resolve the dispute by binding arbitration administered under the rules of the London Court of International Arbitration ("LCIA"). The seat of arbitration shall be London, United Kingdom. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This arbitration clause does not apply where prohibited by mandatory consumer protection laws in your jurisdiction.

Class action waiver: To the fullest extent permitted by applicable law, you agree to resolve disputes with us on an individual basis only, and you waive any right to participate in a class action, collective action, or class-wide arbitration.

Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Nothing in this section prevents you from bringing issues to the attention of governmental agencies as permitted by applicable law.

EU/EEA users: If you are a consumer in the European Union or European Economic Area, you may also have the right to bring claims in the courts of your country of residence, and mandatory local consumer protection laws shall apply. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

US users: If you are located in the United States, you may also elect to resolve disputes by binding arbitration administered under the rules of the American Arbitration Association ("AAA"), with proceedings held in a mutually agreed location or remotely.

17. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bluebird Mountain Company LTD regarding the Service and supersede all prior agreements, understandings, or representations.

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications outages, or GPS satellite disruptions.

Notices: We may provide notices to you via the Service, email, or other reasonable means. Notices to us must be sent to info@bluebirdmountainltd.com.

Language: These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency.

No third-party beneficiaries: These Terms do not create any rights for any third party, and no third party may enforce any provision of these Terms. The parties expressly exclude the application of the Contracts (Rights of Third Parties) Act 1999.

18. Jurisdiction-Specific Provisions

United Kingdom (Home Jurisdiction)

Bluebird Mountain Company LTD is registered in England and Wales. If you are a consumer resident in the United Kingdom:

• Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or other applicable UK consumer protection legislation.
• We are the data controller for your personal data and comply with the UK GDPR and the Data Protection Act 2018. You have the right to access, rectify, erase, restrict processing of, and port your personal data, as well as to object to processing. You may lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk.
• Any limitation or exclusion of liability that is not permitted under English law shall not apply to you.
• Where required by law, you have the right to withdraw from a digital content contract within fourteen (14) days, except where you have expressly consented to the performance of the Service and acknowledged that you lose your withdrawal right.
• Unfair terms: Any term that would be considered unfair under Part 2 of the Consumer Rights Act 2015 shall not be binding on you.

European Union / European Economic Area

If you are a consumer resident in the EU or EEA:

• Nothing in these Terms affects your statutory rights under applicable EU consumer protection directives, including the Consumer Rights Directive (2011/83/EU) and the Unfair Contract Terms Directive (93/13/EEC).
• We process your personal data in accordance with the EU General Data Protection Regulation (GDPR). You have the right to access, rectify, erase, restrict processing of, and port your personal data, as well as to object to processing and to lodge a complaint with your local data protection authority.
• Withdrawal right: Where required by law, you have the right to withdraw from a digital content contract within fourteen (14) days, except where you have expressly consented to the performance of the Service and acknowledged that you lose your withdrawal right.
• Limitation of liability exclusions that conflict with mandatory EU/EEA consumer laws shall not apply to you.
• You may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Australia

If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies consumer guarantees or other rights and remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). Our liability for breach of a non-excludable consumer guarantee is limited, to the extent permitted by law, to re-supply of the Service or payment of the cost of re-supply.

United States

If you are a consumer in the United States:

The Service is provided by a UK-registered company. Disputes may be resolved by arbitration under the rules of the American Arbitration Association ("AAA") as set out in Section 16 above, or in the courts of England and Wales.

• The class action waiver in Section 16 applies to the fullest extent permitted by US federal and state law.
• To the extent that any US state consumer protection statute applies, our liability is limited to the maximum extent permitted by such statute.

Canada

If you are a consumer in Canada, the provisions of applicable provincial consumer protection legislation shall apply, and certain limitations of liability or indemnification obligations may not apply to you to the extent prohibited by such legislation.

Japan

If you are a consumer in Japan, nothing in these Terms limits or excludes our liability for damages caused by our intentional or grossly negligent acts, to the extent prohibited by the Consumer Contract Act of Japan.

Other Jurisdictions

If you access the Service from a jurisdiction where any provision of these Terms is prohibited or unenforceable under local law, that provision shall be interpreted to give effect to its intent to the maximum extent permitted, and all remaining provisions shall continue in full force. If any mandatory consumer protection law of your jurisdiction provides you with greater protections than those set out in these Terms, those mandatory protections shall apply.

19. Contact Us

If you have questions, concerns, or complaints about these Terms or the Service, please contact us at:

Bluebird Mountain Company LTD
A company registered in England and Wales
Email: info@bluebirdmountainltd.com

For data protection inquiries or to exercise your data rights, please email info@bluebirdmountainltd.com with the subject line "Data Protection Request." UK residents may also contact the Information Commissioner's Office (ICO) at ico.org.uk.