Last updated 2026-11-01. Please read all of these Terms.
Birds Of Passage is a place where people share the outdoor places they find. We do not inspect, verify or approve the locations or activities that people post, and we cannot promise that any place is legal to enter, safe, open or reachable, or that any activity is safe or lawful.
Some posts may show or describe illegal locations (such as private property, closed or protected land) or dangerous activities. Birds Of Passage does not encourage, endorse or take part in any of this.
Going to a location or doing an activity you saw on the app could get you into legal trouble, including trespassing charges, fines or arrest, and could lead to serious injury or death. You alone are responsible for your decisions. Before you go, check who owns the land, permits, closures, fire rules, weather and wildlife, and make sure you have the skills, gear and a way to call for help.
To the fullest extent the law allows, Birds Of Passage and its owners are not responsible for anything that happens to you or anyone else from visiting a place or doing an activity found through the app, or for what other people post. Never post a location you do not have the right to share, or an activity that puts others in danger. In an emergency, call 911.
These Terms and Conditions ("Terms") are a binding agreement between you and Birds Of Passage LLC ("Birds Of Passage", "we", "us"). They cover the Birds Of Passage mobile app, our website, our online shop, chat, advertising and every related service (together, the "Service").
By creating an account, ticking the boxes at sign-up, or using the Service, you agree to these Terms, our Privacy Policy and our Community Rules. If you do not agree, do not use the Service.
Please read Section 4 (Safety, Outdoor Risk and Assumption of Risk), Section 19 (Limitation of Liability) and Section 21 (Dispute Resolution, including binding arbitration and a class action waiver) carefully. They affect your legal rights.
You must be at least 18 years old and able to form a binding contract. The Service is not for anyone under 18. If we learn that someone under 18 has an account, we will close it.
You must not be barred from using the Service under U.S. law, and you must give us accurate information when you sign up. You may not create an account for someone else or use an account that was closed by us.
You need an account with a valid email address that you control. You are responsible for keeping your password secret and for everything that happens under your account. Tell us right away at [email protected] if you think someone else has used it.
We may send you messages about your account, security and orders. If you tick the optional box, we may also email you important notifications. You can change this at any time in Settings.
You can delete your account in Settings, under Account settings, at any time. Deleting it removes your posts, comments and messages as described in our Privacy Policy (unless you choose to leave your public map posts on the map, shown as posted by "Former member" without your name; you then can no longer edit or delete them, and our license to them continues), but some information may be kept where the law requires it or for safety, fraud prevention and legal claims.
The outdoors is dangerous. Camping, hiking, driving on backcountry roads, swimming, climbing, fire, wildlife, weather, remote terrain and getting lost can cause serious injury, illness, property damage and death.
The Service shows places and activities that other people choose to post. We do not visit, inspect, verify, license, insure or approve any location, route, campsite, activity, person or business. Location pins can be wrong, out of date, approximate on purpose, or in a place where you are not allowed to be. Information on the Service is not professional, medical, survival, navigation or legal advice, and the Service is not an emergency service and cannot call for help. You may be out of cell coverage.
You are solely responsible for deciding whether a place or activity is legal, safe and right for you. Before you go, check land ownership and access rules, permits, closures, fire restrictions, weather, wildlife and local laws, tell someone your plans, and carry the right skills, gear, food, water and a way to get help.
You voluntarily choose to visit places and take part in activities you find through the Service, and you knowingly accept all the risks, including risks we have not described and risks caused by other people. To the fullest extent the law allows, you release and hold harmless Birds Of Passage, its owners, officers, employees, contractors and affiliates from every claim, loss, injury, illness, death, damage or legal trouble that arises from your or anyone else's visit to a place or activity found, shared or discussed through the Service. This does not release a claim that the law does not allow to be released.
Some content on the Service may show or describe illegal locations (for example private property, closed areas, protected sites or places where camping, fires or entry is banned) or dangerous or unlawful activities. We do not encourage, endorse, authorize or take part in any such content or activity, and we have no duty to find it.
If you go to a location or do an activity you saw on the Service, you may face criminal charges, fines, civil liability, loss of property, injury or death. That risk is yours alone.
You must not post or share a location you do not have the right to share, direct people to private or closed land without permission, share protected, sacred, fragile or sensitive sites, or encourage anyone to do something dangerous or illegal. Use the option to hide an exact pin when sharing it could harm a place or a person.
If you see content that does this, report it in the app or email [email protected]. We may remove it and suspend accounts that post it.
"Content" means anything you post or send on the Service, including photos, videos, captions, comments, locations, stickers, messages, profile details and trail names. You own your Content. You are responsible for it.
To run the Service, you give us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, copy, resize, reformat, display, distribute and play your Content in and through the Service, including to show it to other users, recommend it in feeds and search, and make backups. The license lasts while your Content is on the Service and for a reasonable time afterward for backups and legal reasons. It ends for anything you delete, except for copies other people already shared or saved and copies in backups.
You promise that you own your Content or have every right and permission needed to post it and to give us this license; that your Content, and your use of the Service, does not break any law or anyone's rights (including copyright, privacy and trademark); that you have permission from anyone who can be identified in it; and that any location you post is one you have the right to share.
We do not own your Content and do not guarantee that it stays available. We may use your Content, in anonymous or aggregated form, to improve the Service.
There is no tolerance on the Service for objectionable content or abusive users. You must not:
• post content that is unlawful, harassing, threatening, hateful, discriminatory, defamatory, sexually explicit, pornographic, graphically violent, or that exploits or endangers children (we report child sexual abuse material to the authorities); • post or share intimate images of anyone without their consent, including AI-made or edited images; • post a location or activity as described in Section 5, or content that promotes self-harm, dangerous stunts, illegal weapons, drugs or poaching; • impersonate others, spam, scam, run unapproved ads, or collect other people's personal information; • stalk, doxx or reveal someone's home or private location; • upload viruses or try to break, overload, scrape, reverse engineer or get around the security of the Service, or use bots or automated tools to access it; • buy, sell or transfer accounts, or use the Service to break any law.
We may remove content, restrict features, suspend or end accounts, and report conduct to the authorities at any time, with or without notice, if we think these Terms or the law are being broken or someone is at risk.
You can report any post, comment, profile or location in the app, and you can block any user at any time. Blocked users are hidden from your feeds, messages and search. We review reports and act on content that breaks these Terms, usually within 24 hours.
We may use automated tools and human review to find problems, but we do not review everything and are not obliged to. We do not endorse or guarantee any Content, and we are not responsible for what users post. Moderation decisions are ours to make, and we may reverse them.
To reach us about safety, abuse or a legal request, email [email protected].
If an intimate image or video of you was posted on the Service without your consent, including a fake one made with AI, you can ask us to remove it. Email [email protected] with: (1) your physical or electronic signature, or that of someone authorized to act for you; (2) enough information to find the image, such as a link or description; (3) a short statement that you believe in good faith it was posted without your consent; and (4) your contact information.
We will remove a valid request within 48 hours and make reasonable efforts to remove identical copies. You do not need an account to make a request.
We respect copyright. If you believe something on the Service infringes your copyright, send a notice to our designated agent, [DMCA agent name or department], at [email protected] or c/o Northwest Registered Agent Inc. Your notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material and where to find it; your contact details; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner.
If your Content is removed after a notice, you can send a counter-notice with your signature, identification of the removed material and where it was, a statement under penalty of perjury that it was removed by mistake or misidentification, your name, address and phone number, and your consent to the jurisdiction of the federal court for your address. We will send it to the person who complained and may restore the material in 10 to 14 business days unless they tell us they have sued.
We will end the accounts of users who are repeat infringers in appropriate circumstances. Sending a false notice or counter-notice can make you legally responsible for damages.
The Service uses maps and your location. You choose whether to share your device location and whether each post shows an exact pin, an approximate area, or a hidden location that people must ask to see. You can change location permission in your phone settings at any time. We also use your location to suggest nearby spots in your feed (it is not stored for that), and your general area for ads only if you turn that on.
Anything you make public, including locations on public posts, can be seen, copied and shared by others, and we cannot take back what other people have already seen or saved. Think before posting a place that is near your home or that could put you or others at risk.
Our Privacy Policy explains what we collect, how we use it and your choices. It is part of these Terms.
Messages, photos, videos and stickers you send are shared with the people in that chat, who can save, forward or screenshot them. Chats are not end-to-end encrypted; we and our service providers can technically access them to run the Service, enforce these Terms and respond to legal requests.
To keep costs and storage down, photos and videos sent in chat are deleted from our servers after about 14 days and then show as expired. Do not rely on the Service to store anything important; keep your own copies. Videos you post to the Service that nobody has viewed or interacted with for 30 days may be moved off our servers and kept only on your phone.
Stickers you make must follow Section 7. People you send a sticker to can keep a copy.
Someone you do not follow back may send a chat request. You can decline it, and you can block anyone.
The Service includes an online shop run by us. Prices are in U.S. dollars and shown before you pay; taxes and shipping are added at checkout where they apply. Payments are handled by our payment provider; we do not store your full card number. Orders are made and shipped through third-party partners. We may cancel or refuse an order for stock, pricing, fraud or safety reasons and will refund you if we do.
Delivery times are estimates. If we cannot ship on time we will tell you and offer to cancel and refund. Our return and refund rules are shown in the shop and at checkout, and apply to every order. Products are described as accurately as we can, but colors and sizes can differ slightly.
Outdoor gear and apparel do not make an activity safe, and are not a substitute for training, experience and good judgment. Follow the maker's instructions and use your own judgment about whether an item is right for your conditions. Except as the law requires, products are sold as described and without other warranties, and Section 18 and Section 19 apply.
The Service may show ads and sponsored content, always labeled "Ad". Ads from businesses are theirs, not ours. We do not endorse advertisers or their products, are not responsible for what they say or sell, and the same Section 4 and Section 19 apply to anything you do after seeing an ad. When there is no paid ad, we may show our own shop products. If personal ads are on, we choose ads that match the interests the app learns from what you do in it (such as posts you like, save, watch, search for or open, and shop items you look at) and, only if you turn it on, your general area (state and city). Advertisers never receive your personal information or learn who you are, and we do not sell it. You can turn personal ads off, see what the app has learned, and delete it in Settings, under Ads & privacy. Ads may appear next to or between posts, including yours, and you are not paid for that.
Recommended gear: posts may show products we think fit a place. Some are links to other sellers, and we may earn a commission if you buy through them, at no extra cost to you. Those products are sold by the other seller under their terms, not by us, and we are not responsible for them.
Rank points and referral codes: rank points (including bonus points, such as for entering a referral code) have no cash value and cannot be sold, transferred or exchanged for money. Rank perks may change. Each account can use one referral code. Partners who give out codes may earn a share of what the Service earns from accounts that use them; this never changes what you pay. We may remove points, codes or perks gained through fake accounts, self-referral, spam or other abuse.
Links to other websites and apps are for your convenience. We do not control them and are not responsible for them.
The Service, including its software, design, text, graphics, logos, trademarks and everything we make, belongs to us or our licensors and is protected by law. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on devices you own, for personal non-commercial use, under these Terms. You may not copy, modify, sell, rent, reverse engineer or build a competing service from it, except as the law allows.
If you send us ideas or feedback, we may use them without paying you or crediting you.
The Service relies on third parties, such as Apple, map providers, payment processors, shipping and print partners, email providers and cloud hosts. Their terms and privacy policies apply to what they provide, and we are not responsible for their services.
These Terms are between you and us only, not Apple. Apple has no duty to give you support or maintenance for the app and no duty for any claim about it, including product liability, legal compliance, consumer protection and intellectual property claims. If the app fails to meet a warranty, you can tell Apple, which may refund the purchase price (if any); Apple has no other warranty duty. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not in a country under a U.S. embargo and are not on a U.S. list of prohibited parties.
We may add, change or stop any part of the Service at any time. We may update these Terms. If a change is important, we will tell you in the app or by email and may ask you to accept the new version. Using the Service after a change takes effect means you accept it. If you do not accept, stop using the Service and delete your account.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT.
WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY LOCATION, DIRECTION, MAP, POST, USER OR ADVERTISER IS ACCURATE, LEGAL, SAFE, AVAILABLE OR AS DESCRIBED. YOU USE THE SERVICE AND RELY ON ANY CONTENT AT YOUR OWN RISK.
TO THE FULLEST EXTENT THE LAW ALLOWS, BIRDS OF PASSAGE, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, OR FOR ANY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, FINES, ARREST OR LEGAL PROCEEDINGS ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT, ANY LOCATION OR ACTIVITY FOUND OR DISCUSSED THROUGH THE SERVICE, OR THE CONDUCT OF ANY USER OR THIRD PARTY, EVEN IF WE WERE TOLD IT COULD HAPPEN.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US$100.
Some places do not allow certain limits, for example for death or personal injury caused by negligence, for fraud, or for gross negligence or willful misconduct. Where that is so, these limits apply only as far as the law allows, and you may have other rights. Nothing in these Terms limits any right you have that cannot legally be limited.
You agree to defend, indemnify and hold harmless Birds Of Passage, its owners, officers, employees, contractors and affiliates from any claim, loss, liability, damage and expense (including reasonable legal fees) that comes from your Content, your use of the Service, your visit to any location or activity, your breach of these Terms or the law, or your violation of anyone's rights. We may take over the defense of any claim, and you will help us.
Please read this section carefully. It affects your rights.
Talk to us first. Email [email protected] and describe the problem. Both sides will try in good faith to settle it within 30 days.
Binding arbitration. If we cannot settle it, you and Birds Of Passage agree that any dispute, claim or controversy about these Terms or the Service will be decided only by final, binding arbitration by a neutral arbitrator under the rules of the American Arbitration Association (AAA) or JAMS, not in court, except that (a) either side may bring an individual claim in small claims court if it qualifies, and (b) either side may go to court to stop misuse of intellectual property. The arbitrator applies these Terms and can award the same individual relief as a court. Hearings, where there are any, can be held by video or near you. We will pay the filing, administrative and arbitrator fees above what you would pay to file a court case, as long as your claim is not frivolous.
No class actions. You and we may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine claims or preside over any class proceeding. If this waiver is found unenforceable for a claim, that claim goes to court and not to arbitration. You and we also each waive any right to a jury trial, to the extent the law allows.
Opt out. You can opt out of arbitration and the class waiver within 30 days of first accepting these Terms by emailing [email protected] with the subject "Arbitration opt-out" and your trail name. Opting out does not affect any other part of these Terms.
These Terms and any dispute are governed by the laws of the State of Tennessee and applicable U.S. federal law, without regard to conflict-of-law rules. If a dispute is allowed in court, you and we agree to the exclusive jurisdiction of the state and federal courts located in Tennessee. If you are a consumer, you also keep any rights you have under the mandatory consumer laws where you live.
You may stop using the Service at any time. We may suspend or end your access at any time, with or without notice, including if we think you broke these Terms, created risk or harm, or the law requires it. After that, your license to use the Service ends. Sections that by their nature should continue (including Sections 4, 5, 6, 10, 15 and 18 to 22) will continue.
These Terms, with the Privacy Policy and Community Rules, are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest stays in effect and the part will be changed to the minimum needed. Our not enforcing a right is not a waiver. You may not transfer your rights under these Terms; we may transfer ours in a merger, sale or reorganization. We are not liable for delay or failure caused by events beyond our reasonable control. We may give you notice by email, in the app or on our website. You agree to receive notices and records electronically.
Birds Of Passage LLC c/o Northwest Registered Agent Inc Email: [email protected]