Terms of Service & Commercial Conditions

2. DEFINITIONS & NATURE OF DIGITAL GOODS

WaypointKit provides proprietary travel planning frameworks, high-density vector PDF matrices, interactive digital notebooks, weather-adaptive packing matrices, and offline emergency wallet slips (collectively referred to as "Digital Products," "Field Kits," or "Systems").

All products manufactured, curated, and sold by Mountain49 LLC across the WaypointKit domain are purely intangible, downloadable electronic files. No physical paper documents, bound notebooks, stylus pens, or hardware items are shipped via postal mail or international freight.

Upon successful payment verification transmitted via the Stripe Checkout protocol, delivery is executed immediately and automatically through electronic transmission. The customer receives immediate on-screen access to high-bandwidth HTTPS download links and an automated delivery confirmation sent to the customer's verified billing email address.

3. MONETARY PRICING & PAYMENT IN EURO (€)

In accordance with Mountain49 LLC corporate commercial directives, all pricing throughout the WaypointKit catalog is denominated and charged exclusively in Euro (€ / EUR).

Any secondary references or visual displays in non-EUR currencies on external partner platforms are strictly informative estimates. The definitive, binding charge transmitted to your payment issuer will always be in EUR.

Transactions are securely processed through Stripe, Inc. and its authorized European banking partners. Mountain49 LLC supports Visa, Mastercard, American Express, Apple Pay, Google Pay, and European direct banking rails available through Stripe Checkout.

Customers originating outside the Eurozone acknowledge that their personal card-issuing bank may apply foreign exchange conversion rates or cross-border transaction fees. Mountain49 LLC has no control over banking surcharges applied by local card issuers.

4. INTELLECTUAL PROPERTY RIGHTS & LIMITED PERSONAL LICENSE

All typography, vector geometries, graphic symbols, grid alignments, page trees, hyperlinked index structures, and textual explanations contained within WaypointKit digital files remain the sole and exclusive intellectual property of Mountain49 LLC. They are protected under United States and international copyright, trademark, and unfair competition laws.

Upon full receipt of payment, Mountain49 LLC grants the Customer an individual, non-exclusive, non-transferable, revocable, perpetual personal license to:

• Download and store the vector PDF files across personal devices owned or controlled by the licensee (e.g. tablet, smartphone, laptop).
• Open, write upon, annotate, and mark the PDF sheets using stylus-enabled digital notebook software (including GoodNotes, Notability, Samsung Notes, Penly, or Xodo).
• Print physical hard copies on home or professional print machinery strictly for personal travel use and emergency wallet backups.

EXPLICIT PROHIBITIONS & COMMERCIAL RESTRICTIONS:

The Licensee shall not:

• Distribute, sell, lease, sub-license, broadcast, or share downloaded files across public torrents, Telegram channels, Reddit groups, or shared cloud folders.
• Extract vector elements, design tokens, or proprietary matrices to produce derivative commercial planners or digital templates.
• Remove, alter, or obscure any copyright notices, Mountain49 LLC entity declarations, or brand watermarks.

Violations of this license will result in immediate termination of download access, permanent blacklisting, and civil claims for statutory copyright damages under 17 U.S.C. § 504 and international treaties.

5. 14-DAY DEFECT WARRANTY & RIGHT OF WITHDRAWAL EXCEPTIONS

In accordance with statutory European Union consumer protection rules regarding digital content (Directive 2011/83/EU on Consumer Rights, Article 16(m)), the consumer acknowledges and explicitly consents that the performance of this contract begins immediately upon payment, and that by initiating download or instant access, the statutory right of unconditional withdrawal within 14 days is waived for non-defective digital goods.

HOWEVER, Mountain49 LLC provides an affirmative, contractual 14-Day Technical Defect Warranty:

If your downloaded product exhibits technical corruption, rendering failures, missing matrix layers, or broken hyperlinks when opened in verified compliant applications, Mountain49 LLC will dispatch a corrected revision within 24 hours. If our technical team cannot deliver a functioning file, a 100% refund in Euro (€) will be processed to your original payment method.

Full procedures for filing a warranty claim are set forth in our dedicated Refund Policy.

6. EXPEDITION RISKS & LIMITATION OF OPERATIONAL LIABILITY

WaypointKit systems are logistical tools created to assist travelers in maintaining organized records. Mountain49 LLC is not a travel agency, consular service, licensed medical provider, aviation carrier, or diplomatic representative.

The traveler retains sole, non-delegable responsibility for:

• Confirming current passport validity periods (e.g. 6 months beyond intended stay requirements).
• Acquiring appropriate visas, electronic travel authorizations (ETIAS/ESTA), and transit clearance.
• Maintaining international medical health insurance with medical evacuation provisions.
• Complying with aviation luggage dimensional constraints and hazardous material restrictions.
• Monitoring local meteorological hazards, avalanche forecasts, maritime gale warnings, and government travel advisories.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MOUNTAIN49 LLC, ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM TRAVEL DELAYS, MISSED CONNECTIONS, DENIED BOARDING, MEDICAL COMPLICATIONS, THEFT, ACCIDENTS, WEATHER EVENTS, OR PHYSICAL INJURY SUSTAINED DURING EXPEDITIONS.

IN ALL CIRCUMSTANCES, MOUNTAIN49 LLC'S MAXIMUM AGGREGATE LIABILITY ARISING UNDER ANY CONTRACTUAL, TORTIOUS, OR STATUTORY CLAIM SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY THE CUSTOMER FOR THE APPLICABLE DIGITAL PRODUCT IN EURO (€).

7. INDEMNIFICATION

The Customer agrees to indemnify, defend, and hold harmless Mountain49 LLC and its officers, directors, members, and employees from and against any third-party claims, liabilities, losses, damages, and legal fees resulting from the Customer's unauthorized sharing of digital files, breach of these Terms, or violation of any third-party rights.

8. CATALOG MODIFICATIONS & SERVICE CONTINUITY

Mountain49 LLC reserves the right to revise digital product specifications, update field kit matrices for upcoming seasonal travel cycles, modify catalog pricing, and amend these Terms without prior individual notification.

Updated Terms are effective immediately upon publication on the WaypointKit website. Past purchasers retain access to their acquired edition files via the Customer Support Order Retrieval interface.

9. GOVERNING LAW & JURISDICTION

These Terms and any contractual disputes shall be governed by the laws of the State of Wyoming, United States, without giving effect to conflict of laws principles.

For consumers residing in the European Union, nothing in these Terms deprives the consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence. In the event of a disagreement, the parties agree to seek amicable resolution through Mountain49 LLC customer support prior to initiating formal proceedings.

10. ELECTRONIC COMMUNICATIONS & TRANSACTION CONSENT

By initiating checkout and providing your email address, you consent to receive electronic communications from Mountain49 LLC regarding your transaction, download links, receipts, and order updates.

You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing under applicable electronic commerce legislation.

11. ENTIRE AGREEMENT & SEVERABILITY

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the complete and exclusive understanding between you and Mountain49 LLC regarding the WaypointKit platform.

If any clause or sub-clause of these Terms is found invalid, illegal, or unenforceable, that specific provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force, effect, and enforceability.