Terms of Service

Agreement for using DuckTrails

Last Updated: January 3, 2026

Welcome to DuckTrails! These Terms of Service ("Terms") govern your access to and use of the DuckTrails mobile application, website, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By creating an account, downloading the app, or using any part of the Service, you agree to:

  • Be bound by these Terms of Service
  • Comply with our Privacy Policy
  • Follow all applicable laws and regulations
  • Be at least 13 years of age (or the age of majority in your jurisdiction)

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

DuckTrails is a social tracking platform for the Jeep ducking community. The Service allows you to:

  • Create profiles for rubber ducks with NFC tags
  • Scan and track ducks as they travel between Jeeps
  • View duck journeys on interactive maps
  • Earn achievements based on duck activity and milestones
  • Participate in community features, leaderboards, and events
  • Share photos, comments, and updates about duck adventures

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Registration

To use DuckTrails, you must create an account by providing:

  • A valid email address
  • A unique username
  • A secure password
  • Accurate and complete information

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your account information remains accurate and up-to-date

3.3 Account Termination

We reserve the right to suspend or terminate your account if you:

  • Violate these Terms of Service
  • Engage in fraudulent or illegal activity
  • Abuse, harass, or harm other users
  • Create multiple accounts to manipulate the Service
  • Reverse engineer or attempt to compromise the Service

You may delete your account at any time through Settings > Privacy > Delete Account.

4. User Conduct and Responsibilities

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any local, state, national, or international law
  • Infringe upon intellectual property rights of others
  • Transmit harmful, offensive, or inappropriate content
  • Harass, threaten, or intimidate other users
  • Impersonate any person or entity
  • Spam or send unsolicited commercial communications
  • Collect personal information about other users without consent
  • Interfere with or disrupt the Service or servers
  • Use automated tools (bots, scripts) without authorization
  • Attempt to gain unauthorized access to any part of the Service

4.2 NFC Technology Use

When using NFC features, you agree to:

  • Only write DuckTrails data to NFC tags you own or have permission to use
  • Not interfere with or damage NFC tags belonging to others
  • Use NFC technology safely and in accordance with device manufacturer guidelines
  • Only scan ducks that are publicly accessible on vehicles in public spaces
  • Respect private property and not trespass to scan or place ducks

4.3 Duck Placement and Scanning

The tradition of "Jeep ducking" involves placing rubber ducks on other Jeeps as a friendly gesture. When participating:

  • Only place ducks on vehicles in publicly accessible areas
  • Do not trespass on private property
  • Do not attach ducks in ways that could damage vehicles
  • Respect "No Ducking" signs or requests from vehicle owners
  • Follow all traffic laws when placing or scanning ducks
  • Use common sense and courtesy

5. User-Generated Content

5.1 Your Content

You retain ownership of content you create, including:

  • Duck profiles, names, and descriptions
  • Photos you upload
  • Scan comments and notes
  • Profile information

5.2 License to DuckTrails

By posting content on DuckTrails, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Use, display, reproduce, and distribute your content
  • Modify or adapt content for technical requirements
  • Feature your content in promotional materials
  • Allow other users to view and interact with your content

This license continues even if you delete your account, for content that has been shared or integrated into the community.

5.3 Content Standards

All content you post must:

  • Be appropriate for all ages (family-friendly)
  • Not contain explicit, violent, or disturbing material
  • Not promote illegal activities or substances
  • Not contain personal information of others without consent
  • Not infringe on intellectual property rights
  • Not be misleading or fraudulent

5.4 Content Moderation

We reserve the right to:

  • Review, monitor, or remove any user-generated content
  • Remove content that violates these Terms
  • Take action against users who repeatedly violate content standards

We are not obligated to monitor content but may do so at our discretion.

6. Intellectual Property Rights

6.1 DuckTrails Property

The Service, including its design, features, and content, is owned by DuckTrails and protected by copyright, trademark, and other intellectual property laws. This includes:

  • DuckTrails name, logo, and branding
  • App design, user interface, and graphics
  • Software code and algorithms
  • Achievement badges and icons
  • Community features and functionality

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

  • Download and use the mobile app on your personal devices
  • Access and use the Service for personal, non-commercial purposes

You may NOT:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer, decompile, or disassemble the app
  • Sell, rent, lease, or sublicense the Service
  • Remove or alter any copyright or proprietary notices

6.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without compensation or obligation to you.

7. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services (e.g., Firebase, Google Maps). We are not responsible for:

  • The content or privacy practices of third-party services
  • Any transactions between you and third parties
  • The accuracy or reliability of third-party information

Your use of third-party services is governed by their terms and privacy policies.

8. Location Services and Privacy

DuckTrails uses location services to track duck journeys. By using the Service, you acknowledge that:

  • Your location data will be collected when scanning ducks
  • Duck locations are publicly visible to all users
  • We use location data as described in our Privacy Policy
  • You can disable location services, but this will limit core functionality

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of accuracy, reliability, or availability
  • Warranties that the Service will be uninterrupted or error-free
  • Warranties regarding security or data loss prevention

9.2 Limitation of Liability

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

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, data, or goodwill
  • Service interruptions or technical failures
  • User-generated content or conduct of other users
  • Third-party services or linked websites
  • Unauthorized access to your account or data

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR THE AMOUNT YOU PAID TO USE THE SERVICE IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

9.3 Physical Activity Disclaimer

Placing and scanning ducks involves physical activity and travel. You are responsible for:

  • Your own safety when placing or scanning ducks
  • Following traffic laws and parking regulations
  • Not trespassing on private property
  • Using the app in a safe manner (not while driving)

DUCKTRAILS IS NOT RESPONSIBLE FOR ANY INJURIES, ACCIDENTS, OR DAMAGES THAT OCCUR DURING DUCK-RELATED ACTIVITIES.

10. Indemnification

You agree to indemnify, defend, and hold harmless DuckTrails, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any laws or rights of third parties
  • Content you post or share
  • Your duck placement or scanning activities

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute with DuckTrails, please contact us at support@ducktrails.com to resolve it informally before pursuing legal action.

11.2 Governing Law

These Terms are governed by the laws of the United States and the State of [Your State], without regard to conflict of law principles.

11.3 Arbitration Agreement

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

You agree to:

  • Resolve disputes individually, not as part of a class action
  • Waive your right to a jury trial
  • Use arbitration administered by the American Arbitration Association (AAA)

11.4 Exceptions to Arbitration

Either party may seek injunctive relief in court to protect intellectual property rights.

12. Modifications to the Service and Terms

12.1 Service Changes

We reserve the right to:

  • Modify or discontinue features at any time
  • Change pricing or introduce fees (with notice)
  • Update app requirements or compatibility
  • Implement new features or functionality

12.2 Terms Updates

We may update these Terms from time to time. When we do:

  • The "Last Updated" date will be revised
  • We will notify you of material changes via app notification or email
  • Continued use after changes constitutes acceptance
  • If you don't agree, you must stop using the Service

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DuckTrails.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

13.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

13.4 Assignment

You may not transfer or assign your rights under these Terms. We may assign our rights to any affiliate or successor.

13.5 Contact for Legal Notices

Legal notices should be sent to: legal@ducktrails.com

14. Contact Information

If you have questions about these Terms of Service, please contact us:

By using DuckTrails, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service are effective as of January 3, 2026.