Terms of Service

Last Updated: January 19, 2026

Welcome to Bluebird! These Terms of Service ("Terms") govern your use of the Bluebird mobile application ("App") operated by Bluebird Conditions LLC ("Bluebird," "we," "our," or "us"), a Colorado limited liability company.

Business Contact: Email: contact@bluebirdconditions.com Website: bluebirdconditions.com

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND ARBITRATION PROVISIONS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Use of the App

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent that you meet this requirement. If you are between 13 and 17 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, including the Assumption of Risk and Release of Liability provisions. Parents and guardians are responsible for supervising their minor's use of the App and assume all risks associated with such use.

Account

  • You are responsible for maintaining the security of your account
  • You are responsible for all activity under your account
  • You must provide accurate information when creating an account
  • One account per person; do not share account credentials

Acceptable Use

You agree NOT to:

  • Submit false, misleading, or spam condition reports
  • Harass, bully, or threaten other users
  • Impersonate others or misrepresent your identity
  • Upload illegal, harmful, or offensive content
  • Attempt to hack, reverse engineer, or disrupt the App
  • Use the App for any illegal purpose
  • Violate any applicable laws or regulations

2. User Content

Your Content

You retain ownership of content you submit (reports, photos, comments). By submitting content, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute your content within the App and for promotional purposes. You may delete your content at any time, which will terminate this license for future use.

Content Standards

User content must not:

  • Be false, misleading, or deceptive
  • Contain hate speech, threats, or harassment
  • Infringe on others' intellectual property rights
  • Contain explicit or inappropriate material
  • Violate any person's privacy

Content Removal

We may remove content that violates these Terms without notice. Repeated violations may result in account termination.

3. ASSUMPTION OF RISK

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Inherent Risks of Skiing and Snowboarding

You expressly acknowledge and agree that:

  1. SKIING AND SNOWBOARDING ARE INHERENTLY DANGEROUS ACTIVITIES that involve significant risks of serious bodily injury, permanent disability, paralysis, and death.

  2. Known risks include, but are not limited to: collisions with other skiers, snowboarders, trees, rocks, lift towers, fences, and other natural or man-made objects; falls; avalanches; sudden changes in weather and visibility; variable snow conditions including ice, powder, packed snow, crud, and bare spots; unmarked hazards; equipment failure; physical exertion; and getting lost.

  3. You voluntarily assume all risks associated with skiing, snowboarding, and related activities, whether known or unknown, foreseeable or unforeseeable, including risks that may result from the negligence of Bluebird or others.

  4. The App does not make skiing or snowboarding safer. Condition reports are user-generated and may be inaccurate, outdated, incomplete, or wrong. GPS data may be incorrect. Weather information may be delayed or inaccurate.

  5. You are solely responsible for your own safety. Always ski within your ability level, obey all posted signs and warnings, check official resort conditions and avalanche forecasts, wear appropriate safety equipment, and exercise your own judgment.

Colorado Ski Safety Act

If you ski or snowboard in Colorado, you acknowledge that pursuant to the Colorado Ski Safety Act (C.R.S. § 33-44-101 et seq.), skiers and snowboarders assume the inherent risks of skiing, including but not limited to: weather conditions; snow conditions; surface or subsurface conditions; bare spots; rocks, stumps, trees, and other natural objects; lift towers, fences, and other man-made objects; collisions with other skiers; and variations in terrain. Ski area operators are not liable for injuries resulting from these inherent risks.

Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE INHERENT RISKS OF SKIING AND SNOWBOARDING, AND YOU VOLUNTARILY CHOOSE TO PARTICIPATE IN THESE ACTIVITIES DESPITE SUCH RISKS.

4. RELEASE OF LIABILITY AND WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR ABILITY TO SUE.

Release

To the maximum extent permitted by applicable law, you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Bluebird, its owners, officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever, arising out of or relating to any loss, damage, injury, or death that may be sustained by you, or any property belonging to you, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, while using the App or participating in skiing, snowboarding, or related activities.

Waiver

You agree that you will not sue or make any claim against the Released Parties for any injury, damage, or loss arising from your use of the App or participation in skiing, snowboarding, or related activities.

Binding on Heirs

This release and waiver extends to and is binding upon your heirs, executors, administrators, and assigns.

Severability of Release

If any portion of this release is held invalid, the remainder shall continue in full force and effect.

Limitation on Release

Some jurisdictions do not permit the release of liability for gross negligence, recklessness, or intentional misconduct. To the extent required by applicable law, this release does not apply to claims arising from our gross negligence, recklessness, or intentional misconduct. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5. GPS Tracking and Data Accuracy

  • GPS tracking is provided for personal use and entertainment only
  • Speed, altitude, and distance measurements are estimates and may be significantly inaccurate
  • GPS accuracy depends on device hardware, satellite visibility, atmospheric conditions, and environmental factors
  • Do not rely on the App for navigation, avalanche safety, or any safety-critical purpose
  • Do not use the App for professional surveying, racing timing, or any purpose requiring precise measurements
  • Barometer-based altitude requires calibration and may drift substantially over time

6. Intellectual Property

  • The App, its design, features, and content are owned by Bluebird
  • You may not copy, modify, distribute, or reverse engineer the App
  • "Bluebird" and our logo are trademarks of Bluebird
  • User-submitted content remains the property of the respective users, subject to the license granted above

7. Third-Party Services

The App uses third-party services including:

  • Supabase for data storage
  • Mapbox for maps
  • NOAA for weather data

These services are subject to their own terms and privacy policies. We are not responsible for third-party service availability, accuracy, or reliability.

8. App Store Terms

If you downloaded the App from Apple's App Store or Google Play Store, you acknowledge and agree that:

  • These Terms are between you and Bluebird only, not Apple or Google
  • Apple and Google have no obligation to provide maintenance or support for the App
  • Apple and Google are not responsible for any claims related to the App, including product liability, legal compliance, or intellectual property
  • Apple and Google are third-party beneficiaries of these Terms and may enforce them against you
  • You must comply with any applicable third-party terms when using the App (e.g., wireless data service terms)

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF DATA
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SAFETY OR SUITABILITY FOR ANY PARTICULAR ACTIVITY

WE MAKE NO WARRANTY THAT CONDITION REPORTS, GPS DATA, WEATHER INFORMATION, OR ANY OTHER INFORMATION PROVIDED THROUGH THE APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR:

  • ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE
  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, DATA, OR GOODWILL
  • ANY MATTERS BEYOND OUR REASONABLE CONTROL
  • ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP
  • ANY DAMAGES ARISING FROM INACCURATE DATA, CONDITION REPORTS, OR INFORMATION

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE PAST 12 MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you submit to the App
  • Your participation in skiing, snowboarding, or related activities
  • Any injury or damage caused to any person or property

12. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate

You and Bluebird agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App (collectively, "Disputes") will be resolved exclusively through binding individual arbitration, rather than in court, except that: (1) you or Bluebird may assert claims in small claims court if the claims qualify; and (2) you or Bluebird may seek equitable relief in court for infringement or misuse of intellectual property rights.

Class Action Waiver

YOU AND BLUEBIRD 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Arbitration Procedures

  • Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures
  • Arbitration will take place in Denver, Colorado, or another mutually agreed location, or may be conducted remotely by video or telephone
  • The arbitrator's decision will be final and binding
  • Judgment on the arbitration award may be entered in any court of competent jurisdiction

Arbitration Fees

If you initiate arbitration, you will pay the initial JAMS filing fee (currently $250 for consumer disputes). Bluebird will pay all remaining JAMS fees and arbitrator compensation. If Bluebird initiates arbitration, Bluebird will pay all fees. Each party will bear its own attorneys' fees unless the arbitrator awards fees to the prevailing party as permitted by applicable law.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to contact@bluebirdconditions.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Bluebird may pursue claims in court.

Survival

This arbitration agreement will survive termination of your account and these Terms.

13. Account Termination

We may suspend or terminate your account at any time for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Any reason at our sole discretion

You may delete your account at any time through the App settings. Upon deletion, your data will be permanently removed in accordance with our Privacy Policy.

14. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes by updating the "Last Updated" date and, for significant changes, by providing notice through the App or via email. Continued use of the App after changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

16. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. DMCA and Copyright

If you believe content on the App infringes your copyright, please send a notice to contact@bluebirdconditions.com containing:

  • Your physical or electronic signature
  • Identification of the copyrighted work claimed to be infringed
  • Identification of the infringing material and its location
  • Your contact information (address, phone number, email)
  • A statement that you have a good faith belief the use is not authorized
  • A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

We will respond to valid DMCA notices and may remove infringing content and terminate repeat infringers.

18. Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bluebird regarding the App and supersede all prior agreements and understandings.

20. Governing Language

These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall control.

21. Contact Us

If you have questions about these Terms, contact us at:

Email: contact@bluebirdconditions.com

Bluebird Conditions bluebirdconditions.com