Terms of Use

Effective date: 30 September 2026

These terms cover the Waymark app for iPhone, Waymark Plus, and the website at https://waymark.simonilincev.com. Waymark is made by Simon Ilincev ("we", "us"). By using Waymark, you agree to these terms.

1. How these terms fit with Apple's

You get the Waymark app from the App Store, so it is licensed to you under Apple's standard Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula). These terms add to that agreement. If the two conflict about the app licence, Apple's agreement wins.

Our Privacy Policy explains how Waymark handles your information. In short, your atlas stays on your iPhone.

2. Who can use Waymark

You must be at least 13 years old, or older where local law requires it. If you're under the age of majority where you live, a parent or guardian must agree to these terms for you.

3. Your atlas is yours, and on your device

Everything you record, import or create in Waymark belongs to you. We don't claim any rights to it.
It is stored only on your iPhone. We don't have a copy, so we can't recover it if your iPhone is lost or reset, or if you delete the app. Keep a backup: turn on Back up to iCloud Drive or save a backup file in Settings › Your data, or back up your iPhone with iCloud Backup or a computer.
You're responsible for what you import. Only import data you have the right to use, such as your own exports from other apps.
You're responsible for what you share or export. Exports can contain precise locations and times. Hidden places and hidden journeys are left out of exports by default, but check before you share.

Waymark is a personal record of where you've been. It is not a navigation, safety or emergency tool.

Don't rely on it to find your way, to judge terrain, distance or conditions, or to call for help. Carry proper maps and equipment outdoors.
Location from phones, trackers and imported files can be wrong. Maps, contour lines and place names come from open data (section 7) and may be inaccurate, incomplete or out of date. Explored areas, percentages, levels and medals are estimates.
Battery use depends on your iPhone, its settings and how you use it. Any battery figures we give are estimates.
Stay aware of your surroundings. Don't use the app while driving or cycling. Obey local laws, respect private property and closures, and don't go anywhere unsafe to clear fog or earn a medal.

5. Record yourself, not other people

Use Waymark to record your own journeys. Don't use the app or Waymark One to track anyone else without their clear permission. Covertly tracking a person may be a crime. We may stop supporting a Waymark One used this way.

6. Waymark Plus

One-time purchase. Waymark Plus is a one-time in-app purchase, not a subscription. It unlocks the Plus features on your Apple Account for as long as you use Waymark. The price is shown in the App Store before you buy. We may offer occasional discounts; they don't entitle earlier or later buyers to a refund of the difference.
Apple handles payment. Payment, refunds and receipts are handled by Apple under its terms. To ask for a refund, use Apple's "Report a Problem" page (reportaproblem.apple.com).
Family Sharing. If Family Sharing is on for Plus, members of your family group can use it too.
Restoring. Plus can be restored on another iPhone signed in to the same Apple Account (Settings › About › Restore purchase).
What's included. The Plus features are listed in the App Store and in the app. We may add features to Plus over time. We won't remove a Plus feature you have and charge for it again. If we have to change or retire a feature (for example because an outside service it depends on ends), we'll try to offer a fair replacement.
Free features. Waymark's free features may change. Your ability to export your data will stay free.

7. Map data and other services

Waymark's map uses outside services that we don't control:

map data © OpenStreetMap contributors (Open Database License), tiles from OpenFreeMap and OpenMapTiles;
elevation from Mapzen Terrain Tiles (SRTM, GMTED2010, ETOPO1, 3DEP, EU-DEM and others), hosted on Amazon Web Services;
place and boundary data from Natural Earth and other open datasets, credited in Settings › About.

These services may be slow, change or stop, and parts of the map may not load without an internet connection. Downloaded terrain works offline. We're not responsible for the accuracy or availability of these services.

8. Waymark One and the waitlist

Joining the Waymark One waitlist is not an order or a reservation. It commits neither you nor us to anything, and it costs nothing. Waymark One may change, be delayed, or never ship. If it is sold, it will come with its own terms of sale and warranty, in addition to your statutory rights.

9. Our software and brand

The app, its design, illustrations, medals and the Waymark name belong to Simon Ilincev or his licensors. Open-source components are used under their own licences, listed in Settings › About. Don't copy, resell, reverse engineer or redistribute the app except as those licences or the law allow.

If you send us feedback or ideas, we may use them freely without owing you anything.

10. No warranty

To the extent the law allows, Waymark is provided "as is" and "as available", without warranties of any kind, including warranties of accuracy, fitness for a particular purpose, or uninterrupted, error-free operation. Nothing in these terms limits warranties or rights that consumer law gives you and that can't be excluded.

11. Limits on liability

To the extent the law allows:

we're not liable for indirect, incidental, special or consequential losses, or for loss of data, including an atlas lost with a device;
we're not liable for injury, loss or damage that comes from relying on Waymark for navigation or safety, or from where you choose to go;
our total liability to you for everything related to Waymark is limited to the amount you paid for Waymark Plus in the 12 months before the claim, or USD 50 if you paid nothing.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law. If you're a consumer in the EU or UK, you keep all your mandatory statutory rights.

12. Governing law and disputes

These terms are governed by the laws of the State of New York, USA, except where the law of your country of residence gives you protections that can't be waived. The state and federal courts in New York have jurisdiction, unless consumer law lets you bring a claim where you live. Before you go to court, please write to us so we can try to fix it.

13. Apple

You and Simon Ilincev, not Apple, are the parties to these terms.

Apple has no obligation to provide maintenance or support for Waymark.
If Waymark fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. Apple has no other warranty obligation to the extent the law allows.
We, not Apple, are responsible for any claims relating to Waymark or your use of it, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection and privacy claims, and claims that it infringes someone's intellectual property.
You confirm you're not in a country subject to a US Government embargo, and not on a US Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

14. Ending

You can stop using Waymark at any time by deleting the app. Deleting it deletes your atlas from your iPhone, so export it first if you want to keep it. We may stop offering Waymark or any part of it. If we do, the app's features that run on your iPhone should keep working for as long as your version of iOS supports them, but we can't promise that.

15. Changes to these terms

We may update these terms. We'll change the date at the top and, for significant changes, tell you in the app or on the website before they take effect. If you keep using Waymark after that, the new terms apply.

16. Contact

Simon Ilincev. Email: simon@simonilincev.com.