Terms and Conditions

Last updated: September 25, 2026

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using any application or service operated by Build Context ("the Company", "We", "Us", or "Our").

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Application refers to Build Context websites, web applications, mobile applications, and related software provided by the Company, including the Snow Days mobile application for iOS and Android and the snowdays.app website.
  • Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to Build Context.
  • Content refers to text, images, audio, video, and any other material or information that is posted, uploaded, shared, or otherwise made available through the Service, including User-Generated Content.
  • Country refers to: New York, United States
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Forecast Content refers to weather, snowfall, snow depth, snow-condition, temperature, wind, visibility, and similar forecasts, estimates, rankings, and summaries presented in the Service, whether obtained from third-party providers or computed by the Company from third-party data.
  • Service refers to the Application.
  • Subscription refers to a paid recurring plan or in-app purchase that grants You access to premium features of the Service.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-Party Service means any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • User-Generated Content refers to any Content that You or any user submits, posts, uploads, or otherwise makes available through the Service, including but not limited to profile information, messages, comments, photos, and other materials.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service, You confirm that You have read, understood, and agree to be bound by these Terms.

You represent that You are at least 13 years of age. The Company does not permit those under 13 to use the Service. Depending on the jurisdiction in which You reside, Your parent or legal guardian may need to consent to these Terms on Your behalf.

User Accounts

Some of Our mobile applications, including Snow Days, create an anonymous Account on Your Device automatically the first time You open the Application. That Account is identified only by a randomly generated identifier and is used to associate Your preferences, saved content, and purchases with Your Device. You may, but are not required to, link that Account to a Sign in with Apple or Google account so that it can be recovered on other Devices. Linking does not create a second Account.

When You create or link an Account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

User-Generated Content

Your Right to Post Content

Our Service may allow You to post, submit, publish, display, or transmit Content to other users or the public. You are solely responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with operating and providing the Service. This license continues even if You stop using the Service, to the extent the Content has been shared with others who have not deleted it.

Content Standards

You agree that You will not post, upload, or transmit any Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
  • Exploits, harms, or attempts to exploit or harm minors in any way, including by exposing them to inappropriate content
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party
  • Constitutes unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation
  • Contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware
  • Impersonates any person or entity, or falsely states or otherwise misrepresents Your affiliation with a person or entity
  • Involves the transmission of junk mail, chain letters, unsolicited mass mailing, or "spamming"
  • Promotes illegal activity or advocates, promotes, or assists any unlawful act
  • Contains any material that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age

Content Moderation

The Company reserves the right, but has no obligation, to monitor, edit, or remove any Content provided by users. The Company may, in its sole discretion and without prior notice, remove or disable access to any Content that We determine to be in violation of these Terms or otherwise harmful to the Service or its users.

The Company does not endorse any User-Generated Content and expressly disclaims any and all liability in connection with User-Generated Content. If You become aware of any misuse of the Service, please contact Us immediately.

Prohibited Uses

In addition to the Content Standards above, You agree not to use the Service to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service
  • Use any robot, spider, scraper, or other automated means to access the Service for any purpose without Our express written permission
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application
  • Use the Service to stalk, harass, bully, intimidate, or otherwise harm another user
  • Collect or harvest any personally identifiable information from other users of the Service without their express consent
  • Use the Service for any commercial purpose not expressly permitted by the Company
  • Create multiple accounts for deceptive or fraudulent purposes

Intellectual Property

The Service and its original content (excluding User-Generated Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You retain ownership of any intellectual property rights that You hold in the Content that You submit to the Service. However, by submitting Content, You grant the Company the license described in the User-Generated Content section above.

Third-Party Names, Marks, and Data

Third-Party Trademarks

The Service refers to ski areas, resorts, season passes, and other third parties by their names, and may display their logos or marks, solely to identify them and to describe factual information about them. All such names, logos, trademarks, and service marks remain the property of their respective owners.

Their use on the Service is nominative and descriptive only. The Company is not affiliated with, sponsored by, endorsed by, or otherwise connected to any ski area, resort operator, or season pass provider named on the Service, and nothing on the Service should be read as implying any such relationship.

Third-Party Data

Some information on the Service is derived from third-party sources, including OpenStreetMap, whose data is made available by OpenStreetMap contributors under the Open Database License (ODbL), and Open-Meteo (open-meteo.com), whose weather data is made available under the Creative Commons Attribution 4.0 license. Those sources are credited within the Service, and their data remains subject to their own licenses. Neither OpenStreetMap nor Open-Meteo is affiliated with the Company or endorses the Service.

Factual information about third parties — including operating dates and hours, lift and terrain information, parking rules and rates, ticket prices, and season pass coverage or restrictions — is reported for informational purposes. It is not an offer, a quotation, or a representation made on behalf of any third party.

Accuracy of Resort Information

Conditions, prices, operating dates and hours, parking arrangements, and season pass access change frequently and often without notice. Information on the Service may be incomplete, out of date, or incorrect, and may reflect a source as it appeared on an earlier date rather than as it stands today.

You should confirm any information that matters to Your plans — in particular prices, pass access, blackout dates, and whether a location is open — directly with the operator before relying on it. The Company does not guarantee the accuracy, completeness, or timeliness of such information, and is not responsible for any decision made in reliance on it.

Forecasts and Snow Conditions

Forecast Content is an estimate, not a measurement. It is produced from third-party weather models and from the Company's own modelling of snowfall, snowpack, and surface conditions, and it is provided for general informational and planning purposes only. Weather in mountain terrain is highly variable and can change within minutes; conditions at a particular slope, elevation, or aspect may differ substantially from what the Service shows for the ski area as a whole. Forecast Content may also differ from, and is not a substitute for, conditions reported by the resort operator itself.

Forecast Content is not an avalanche forecast, a road or travel advisory, or a safety product of any kind, and it must not be used to decide whether it is safe to ski, ride, travel, or enter any terrain. For avalanche, backcountry, weather, and road safety, rely on official sources: the relevant avalanche center, national weather service, transport authority, and the resort's own ski patrol and mountain-operations reports.

The Company does not guarantee that Forecast Content is accurate, complete, current, or fit for any purpose, and expressly disclaims all liability for any decision made, or action taken or not taken, in reliance on it.

Assumption of Risk

Skiing, snowboarding, and other snow sports, and travel to and within mountain environments, are inherently dangerous activities that carry a risk of serious injury, death, and property damage from causes including but not limited to changing weather, avalanches, terrain and snow-surface variations, collisions, lift operations, and Your own or others' conduct. Those risks exist regardless of what the Service shows.

By using the Service You acknowledge those risks and agree that You participate in such activities voluntarily and at Your own risk. You are solely responsible for Your own safety, for assessing conditions on the ground, for complying with resort rules and closures, and for the decisions You make about where, when, and whether to ski, ride, or travel. To the fullest extent permitted by applicable law, the Company shall not be liable for any injury, death, loss, or damage arising out of or relating to those activities or to Your reliance on the Service in connection with them.

Subscriptions and Purchases

In-App Purchases and Subscriptions

The Service may offer in-app purchases and Subscriptions. All purchases and Subscriptions are processed through the applicable app store (Apple App Store or Google Play Store) and are subject to the terms and policies of that platform.

Subscription fees are billed in advance on a recurring basis (e.g., weekly, monthly, or annually) depending on the plan You select. Your Subscription will automatically renew at the end of each billing period unless You cancel it at least 24 hours before the end of the current period. Prices are shown in the app store's local currency for Your store country and may differ between countries.

When You make a purchase, the Company verifies it with the applicable app store and records the resulting entitlement against Your Account. That is what unlocks premium features on Your Device, allows a purchase to be restored on the same Device after reinstalling, and, if You have linked Your Account, allows it to be used on Your other Devices. A Subscription belongs to the app store account that paid for it; where a purchase is later found to belong to a different Account, access may be moved to that Account. Purchase screens and verification are provided through Paygate, a service operated by the Company.

The Company may, at its sole discretion, grant complimentary or promotional access to premium features for a limited time. Such access is not a purchase, carries no right to renewal or refund, and may be modified or withdrawn at any time.

Cancellation and Refunds

You may cancel Your Subscription at any time through Your account settings on the applicable app store. Cancellation will take effect at the end of the current billing period, and You will retain access to premium features until that date.

Refunds are handled in accordance with the refund policies of the applicable app store (Apple App Store or Google Play Store). The Company does not directly process refunds for Subscriptions or in-app purchases made through third-party platforms.

Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will become effective at the end of the then-current billing period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to cancel Your Subscription before such change becomes effective.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may delete it from within the Application where that option is offered (in Snow Days, under Settings), or request deletion by contacting Us. Deleting Your Account removes the data held under it, but it does not cancel any Subscription: Subscriptions are managed by the applicable app store and continue to bill until cancelled there. Uninstalling the Application does not delete Your Account or cancel a Subscription.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Disclaimer of Warranties

The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

The Company does not warrant, endorse, guarantee, or assume responsibility for any Content posted by users, any product or service advertised or offered by a third party through the Service, or any hyperlinked website or service. The Company will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service during the twelve (12) month period prior to the event giving rise to the claim, or one hundred U.S. dollars ($100.00) if You have not made any purchases, whichever is greater.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its Affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms, Your use of the Service, Your User-Generated Content, or Your violation of any rights of a third party.

Governing Law

The laws of the State of New York, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute is not resolved within thirty (30) days of submission, either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall take place in the State of New York, and the language of the arbitration shall be English.

You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days' notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: mike@buildcontext.com

For Snow Days support: support@buildcontext.llc