Terms of Service

Last updated: June 14, 2026

These Terms of Service ("Terms") are a binding agreement between you and Cody McComber, an individual sole proprietor operating as "Elevate 3D" ("Elevate 3D", "we", "us", or "our"). They govern your access to and use of the Elevate 3D mobile application and any related services we provide (together, the "App").

By creating an account, tapping "continue", or otherwise using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

1. Who we are and how to reach us

Elevate 3D is operated by Cody McComber as a sole proprietor. You can contact us at contact@elevate3d.io with any questions about these Terms or the App.

2. Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. By using the App you represent that you meet these requirements.

3. Your account

Some features require an account. We provide authentication through our service provider (Supabase). You are responsible for the activity that happens under your account and for keeping your login credentials secure. Tell us promptly at contact@elevate3d.io if you believe your account has been compromised. We may suspend or terminate accounts that violate these Terms (see Section 12).

4. Subscriptions, purchases, and billing

The App offers an optional premium tier through auto-renewing subscriptions and other in-app purchases.

  • All purchases are processed by Apple through your Apple App Store account. Pricing, currency, and applicable taxes are shown at the point of purchase.
  • Auto-renewal. Subscriptions renew automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Your Apple account is charged for renewal within 24 hours before the period ends.
  • Managing and cancelling. You manage and cancel subscriptions in your device's App Store / Apple ID settings, not within the App. Deleting the App does not cancel a subscription.
  • Refunds. Purchases are handled by Apple and are subject to Apple's refund policies. We generally cannot issue refunds directly for App Store purchases.
  • Free trials / promotions, if offered, convert to a paid subscription unless cancelled before the trial ends, and are subject to any additional terms presented at the time of the offer.

We may change the features included in free or paid tiers, or change pricing for future billing periods, with notice as required by the App Store and applicable law.

5. Your content

The App lets you import and create content such as GPS tracks (e.g. GPX files), photos, captions, and the 3D videos you export ("Your Content").

  • You keep ownership. As between you and us, you retain all rights to Your Content.
  • License to operate the App. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, and display Your Content solely to operate, provide, secure, and improve the App for you — for example, to render your terrain scenes, sync your data across your devices, and produce your exported videos. This license ends when you delete Your Content or your account, except for content already shared by you and for reasonable backup retention.
  • Your responsibility. You represent that you have the rights necessary to upload and use Your Content and that it does not infringe anyone else's rights or violate any law.

6. Health and fitness data

With your permission, the App may read health and fitness information from Apple HealthKit (such as workouts, routes, heart rate, cadence, and power) to enrich your trails and visualizations. This information is used on your device to power App features and is not used for advertising. You can review and revoke HealthKit permissions at any time in the iOS Settings app.

The App is for informational and entertainment purposes only and is not a medical, navigation, or safety device. It does not provide medical advice. Consult a qualified professional for health decisions.

7. Maps, terrain, and third-party data

The App combines data and services from third parties, including elevation, satellite, and land-cover datasets, analytics (PostHog), backend and authentication services (Supabase), and Apple platform services. Third-party data may be inaccurate, incomplete, or out of date.

Terrain, elevation, and trail visualizations are approximate and are provided for visualization only. Do not rely on them for navigation, wayfinding, or any safety-critical decision. Your use of third-party services may also be subject to their own terms.

8. Acceptable use

You agree not to:

  • use the App in violation of any law or third-party rights;
  • upload content that is unlawful, infringing, or that you do not have the right to share;
  • attempt to reverse engineer, decompile, interfere with, overload, or gain unauthorized access to the App or its systems;
  • resell, sublicense, or commercially exploit the App except as expressly allowed; or
  • use the App to build a competing product or to scrape or harvest data.

9. Our intellectual property

The App, including its software, design, branding, and content we provide (excluding Your Content and third-party data), is owned by Elevate 3D and protected by intellectual-property laws. Subject to these Terms, we grant you a personal, limited, non-transferable, non-exclusive, revocable license to use the App for your own non-commercial purposes. We reserve all rights not expressly granted.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA OR VISUALIZATION WILL BE ACCURATE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVATE 3D WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Elevate 3D from any claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the App, or your violation of these Terms or applicable law.

13. Suspension and termination

You may stop using the App at any time and may delete your account. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the App or other users. Sections that by their nature should survive termination (including Sections 5–12, 14, and 15) will survive.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice in the App. Your continued use of the App after changes take effect means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-laws rules. You and Elevate 3D agree to submit to the exclusive jurisdiction of the state and federal courts located in Washington for any dispute not subject to other agreed dispute-resolution processes, except where applicable law gives you the right to bring a claim in your local courts.

16. Apple App Store

These Terms are between you and Elevate 3D only, not with Apple. Apple is not responsible for the App or its content. To the extent the App is acquired through the Apple App Store, the following also apply:

  • Your license to use the App is a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the Apple Media Services Terms and the standard Apple Licensed Application End User License Agreement (EULA), available at <https: data-preserve-html-node="true"//www.apple.com/legal/internet-services/itunes/dev/stdeula/>. Where these Terms conflict with that EULA, these Terms govern except as required by the EULA.
  • Apple has no obligation to provide maintenance or support for the App.
  • Apple is not responsible for any product warranties, claims of non-conformance, product liability, legal or regulatory claims, or third-party intellectual-property claims relating to the App; these are our responsibility to the extent provided in these Terms.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and Elevate 3D regarding the App. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the App.

Questions? Contact us at contact@elevate3d.io.