Terms of Service for BASE-Bf

Before Assessment Simulation Engine, for Bike features

Effective Date: June 29, 2026 · Trail Assessment and Construction Tools, LLC · Last Revised June 29, 2026

1. Acceptance of Terms

By downloading, installing, or using Before Assessment Simulation Engine, for Bike features (“BASE-BF”), you agree to be bound by these Terms of Service and any applicable license agreement. If you do not agree to these terms, do not use this software.

2. Nature of the Software

BASE-BF is a parametric and computational modeling platform provided by Trail Assessment and Construction Tools, LLC (“TrailACT”). It produces quantitative mathematical outputs, including ramp geometry, landing surface profiles, trajectory arcs, impact metrics, and earthwork volumes, derived from user-defined input parameters using deterministic physics calculations.

BASE-BF is not an engineering service, a licensed engineering practice, a site inspection or assessment service, a construction contractor or design-build firm, a code compliance determination service, or professional advice of any kind. Outputs reflect the mathematical consequences of user-defined inputs only and do not constitute engineering approval, construction authorization, or certification of any kind.

3. No Warranty

THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRAILACT MAKES NO REPRESENTATION THAT OUTPUTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY SPECIFIC APPLICATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAIL ASSESSMENT AND CONSTRUCTION TOOLS, LLC AND ITS AUTHORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO:

  • Personal injury or death
  • Property damage
  • Economic or financial loss
  • Any other damages resulting from reliance on software outputs

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TRAILACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, ABSENT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TRAILACT’S LIABILITY SHALL NOT EXCEED THE GREATER OF THE LICENSE FEE ACTUALLY PAID FOR THE LICENSED MAJOR VERSION OR $1,000.

5. Professional Review Required

IMPORTANT: Any bike feature, jump, roller, berm, or trail modification informed by this software MUST be reviewed by a qualified independent professional before construction and before use by any rider.

“Qualified independent professional” means a licensed engineer or certified bike park designer who is not the same individual who performed the BASE-BF modeling, and who (i) holds professional liability insurance of not less than $1 million per claim, (ii) has completed not fewer than five commercial bike park or trail feature projects, and (iii) can demonstrate a documented methodology for site-specific safety review. Users may not satisfy this requirement by self-reviewing their own BASE-BF outputs.

You acknowledge that software outputs are mathematical estimates only and that real-world outcomes may differ materially due to soil conditions, construction techniques, material properties, rider skill levels, jurisdictional requirements, and other factors not evaluated by this system.

6. User Responsibility

By using BASE-BF, you accept full responsibility for:

  • All design decisions made using this tool
  • All construction decisions made using this tool
  • The ongoing inspection, maintenance, and operational condition of any feature constructed using or informed by outputs from this tool, at all times following construction
  • Ensuring that any built feature is safe for its intended users
  • Obtaining all required permits, inspections, and approvals
  • Informing riders of all risks associated with any feature
  • Using only supported versions of BASE-BF where feasible, and acknowledging that outputs from unsupported versions have not been validated by TrailACT and may contain unpatched defects or calculation errors

TrailACT is not responsible for outcomes arising from the implementation of designs generated with or informed by BASE-BF, whether at the time of construction or at any point thereafter.

7. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TrailACT, its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • (a) your use of BASE-BF or any outputs generated therefrom;
  • (b) any design or construction decisions made using or informed by BASE-BF;
  • (c) any feature, structure, or modification built, maintained, or operated based in whole or in part on BASE-BF outputs;
  • (d) any injury, death, or property damage sustained by you, your employees, contractors, or any third party in connection with any such feature or structure;
  • (e) your violation of these Terms of Service; or
  • (f) your violation of any applicable law, regulation, or third-party right.

This indemnification obligation survives the termination or expiration of these Terms of Service.

8. Input Accuracy and Simulation-Mode Limitations

BASE-BF is a physics simulator. It computes mathematical consequences of user-supplied inputs. Output quality is bounded by input quality, and all outputs, whether produced in design mode or simulation mode, are subject to the following stipulations.

Input accuracy. Output accuracy is bounded by input accuracy. A one-degree error in a measured lip angle propagates to throw distance, equivalent fall height (EFH), and touchdown position. BASE-BF does not detect, correct, or warn about input measurement error beyond explicit range checks; it computes faithfully on whatever values it receives. Misidentifying the lip, the knuckle, or the direction of travel; entering a value in the wrong unit; or skipping an optional input that materially affects the result are user errors and are not covered by any warranty or representation, express or implied. This stipulation supplements, and is to be read together with, the user responsibility provisions of Section 6.

Input provenance. BASE-BF accepts values without regard to how they were measured. A measurement taken with a tape and recalled from memory is treated identically to one collected with RTK GNSS equipment. Where measurement quality is material to the use of the output — including any use in forensic assessment, insurance, regulatory, or legal proceedings — the user must independently capture and retain the equipment used, methodology, personnel, conditions, and chain of custody. BASE-BF does not and cannot perform that function.

Defaults. Where BASE-BF fills in a default value (rider mass, surface material multiplier, or similar), that value is recorded in the run audit and printed on every export. Defaults are not measurements. No default value constitutes a representation by TrailACT about actual site conditions, rider characteristics, or feature properties.

Simulation mode. When operated in simulation mode, BASE-BF is a calculator that operates on user-supplied numbers; it is not a forensic instrument, an inspection report, or expert opinion. simulation-mode output is not an inspection report, an expert opinion, a safety certification, a determination of cause, fault, or negligence, or a substitute for a licensed engineer’s site visit, structural review, or written opinion. BASE-BF did not measure the feature; it computed on values the user entered. Whether any simulation-mode output is admissible in any legal or regulatory proceeding is a matter for the court and the parties’ counsel; TrailACT takes no position. BASE-BF is built for builders and trail designers as a planning and review aid; it does not include features specific to forensic, regulatory, or expert-testimony workflows. This section is the stipulation referenced in-app as “Input Accuracy and Simulation-Mode Limitations.”

No uncertainty bounds; determinism is not correctness. BASE-BF computes a single trajectory family from inputs as given. It does not run uncertainty bounds, Monte Carlo, or worst-case envelopes. BASE-BF is deterministic — identical inputs produce identical outputs, which makes results auditable but says nothing about whether they are correct. If the inputs are wrong, the output is wrong by the same physics. Where uncertainty analysis is required for the intended use, the user must perform it independently.

9. Inherent Risk and Assumption of Risk

Mountain biking, dirt jumping, BMX, pedal-assist mountain biking (aMTB / e-MTB), and the riding of constructed trail features are inherently dangerous activities that carry a risk of serious injury or death. These risks are inherent in the activities themselves and cannot be eliminated by design, calculation, or any output produced by BASE-BF.

BASE-BF does not represent that any feature is safe, suitable, or fit for use. BASE-BF computes physical quantities for planning purposes only. No output of BASE-BF constitutes a determination that any feature is safe to build, maintain, or ride, and no such determination can be inferred from any BASE-BF output.

BY USING BASE-BF, EACH PERSON WHO DESIGNS, BUILDS, MAINTAINS, OR RIDES ANY FEATURE INFORMED BY BASE-BF EXPRESSLY ACCEPTS AND ASSUMES ALL RISKS INHERENT IN THOSE ACTIVITIES, INCLUDING THE RISK OF SERIOUS INJURY OR DEATH. THIS ASSUMPTION OF RISK IS A MATERIAL TERM OF THESE TERMS OF SERVICE AND A CONDITION OF ACCESS TO BASE-BF.

10. Intended Use and Scope of Validation

BASE-BF is designed, calibrated, and validated solely for human-powered and pedal-assist bicycles — mountain, dirt-jump, BMX, and assist (aMTB / e-MTB) — ridden by a coasting rider within the stated total-mass range. Its rolling-resistance, aerodynamic, geometry, and rider-load models are calibrated to bicycles and their riders.

Constructed features — pump-track rollers in particular — may in practice be used by other users and devices, including scooters, skateboards, roller skates, one-wheels, electric unicycles, motorcycles, and other motor-powered vehicles. BASE-BF does not model those users or devices. TrailACT makes no representation that any BASE-BF output applies to, or is suitable for, any user or device other than a bicycle as described above.

The suitability of any feature for multi-use or for any non-bicycle user rests solely with the user and the independent professional review required under Section 5 before construction. Any such use is at the user’s sole risk. TrailACT expressly disclaims any warranty or representation of suitability for any such use.

11. As-Built Conditions, Tampering, and Weathering

BASE-BF outputs describe an idealized design computed solely from the inputs provided by the user. BASE-BF has no knowledge of, and makes no representation about, how any feature is actually constructed, whether any constructed feature conforms to the design, or the condition of any feature at any point in time.

Constructed features change over time through construction variance, settling, erosion, weather, normal wear from use, unauthorized modification, or tampering, and may differ materially from any BASE-BF output at the time of construction or thereafter. TrailACT expressly disclaims any representation that a BASE-BF output reflects or predicts the condition of any feature at any time after the design inputs were entered.

Any feature must be independently inspected and maintained by a qualified person on a reasonable and regular schedule before and during use. BASE-BF does not and cannot perform that function. Responsibility for ongoing inspection and maintenance rests solely with the user, as further described in Section 6.

12. Data and Privacy

Free Tier

BASE-BF’s Free tier operates primarily on your local device. No account is required. At every launch and when you use the manual version-check button, BASE-BF contacts TrailACT’s update server to check the current application version and any outstanding safety recalls; this check transmits only your IP address, a timestamp, and your installed version string. Except for this version/recall check, no design inputs, outputs, or usage information is transmitted to any server or third party. Under the free tier, TrailACT collects only a user’s name, email address, and organization name (optional), solely for the purpose of providing notices of software updates and updates to these Terms of Service.

Paid Tier

BASE-BF’s Paid tier requires account registration and a license key. BASE-BF contacts TrailACT’s license validation server to verify your license. At every launch and when you use the manual version-check button, BASE-BF also contacts TrailACT’s update server to check the current application version and any outstanding safety recalls; this applies to both the Free and Paid tiers. The version/recall check transmits only your IP address, a timestamp, and your installed version string. No design data, design outputs, or usage session data is ever transmitted. TrailACT collects and stores the following information for paid-tier users: name, email address, organization (optional), license key, activation timestamp, and terms acceptance record. Payment processing is handled by Stripe; TrailACT does not store payment card data.

For full details, see our Privacy Policy at www.trailact.com/privacy.

13. Acceptable Use

You agree to use BASE-BF only for lawful purposes and in accordance with these Terms. You may not:

  • Represent or submit BASE-BF outputs to any authority as constituting engineering approval, site certification, or regulatory compliance determination, when you know or reasonably should know that such representation is false or misleading;
  • Modify, alter, or falsify any report or output generated by BASE-BF, or represent modified outputs as unmodified official BASE-BF outputs;
  • Copy, modify, adapt, reverse engineer, decompile, or use any portion of the BASE-BF source code beyond incidental inspection necessary for installation and normal operation, as further described in Section 14;
  • Remove, alter, or obscure any disclaimer, attribution, or branding present in BASE-BF outputs or within the application; or
  • Use BASE-BF in any manner that violates applicable law or that could expose TrailACT to legal liability.

TrailACT reserves the right to revoke access or terminate any license upon material violation of this section.

14. Software License

Version Model and License Grant

BASE-BF uses semantic versioning (MAJOR.MINOR.PATCH). For purposes of these Terms:

  • “Major Version” means a release identified by a change in the first version number (e.g., 1.x.x to 2.x.x). A new Major Version constitutes a distinct product release and requires a separate license purchase or upgrade.
  • “Minor Version” means a release identified by a change in the second version number within a Major Version (e.g., 1.1.x to 1.2.x). Minor Version updates are included in your license at no additional charge.
  • “Patch” means a release identified by a change in the third version number (e.g., 1.1.1 to 1.1.2). Patches are included in your license at no additional charge.

Your purchase of BASE-BF’s Paid Tier is a one-time payment for a perpetual license to use the specific Major Version you purchased (the “Licensed Major Version”). Your license to the Licensed Major Version does not expire and is not subject to renewal. The word “perpetual” means your right to use the Licensed Major Version continues indefinitely, subject to your compliance with these Terms and the applicable software license.

Updates, Support, and End of Support

TrailACT commits to providing Minor Version updates and Patches for the Licensed Major Version for a minimum of 18 months following its initial release date (the “Support Period”). All updates released during the Support Period are included in your license at no additional charge.

TrailACT will provide not less than 90 days’ advance written notice before ending support for any Major Version.

USE OF UNSUPPORTED VERSIONS. Use of unsupported versions is discouraged. The disclaimer of warranties in Section 3 and the limitation of liability in Section 4 apply with full force to all use of unsupported versions.

Upgrade Pricing

TrailACT may, at its sole discretion, offer licenses to new Major Versions at a discounted upgrade price for existing licensees. Upgrade pricing, availability, and eligibility criteria are determined by TrailACT in its sole discretion and are not contractually fixed. These Terms do not constitute an option, right of first refusal, or entitlement to upgrade pricing for any future Major Version. TrailACT reserves the right to offer new Major Versions at full price with no upgrade discount.

Purchase and Refund Policy

BASE-BF licenses are sold as one-time purchases. TrailACT offers a 30-day refund period from the date of purchase. To request a refund, contact support@trailact.com within 30 days of your purchase date with your license key and proof of purchase. No refund will be issued after 30 days from the date of purchase.

Upon issuance of a refund, your license to BASE-BF is immediately and automatically revoked. You must promptly uninstall BASE-BF from all devices on which it is installed and cease all use of the software. Continued use of BASE-BF following a refund constitutes a material breach of these Terms and infringement of TrailACT’s intellectual property rights.

Proprietary License

BASE-BF is proprietary software owned exclusively by Trail Assessment and Construction Tools, LLC. All rights in and to BASE-BF, including its source code, algorithms, output formats, and embedded identifying markers, are reserved by TrailACT. No open-source license applies to BASE-BF, and no conversion to an open-source license is promised or implied. All intellectual property rights not expressly granted herein remain with TrailACT.

BASE-BF ships as human-readable Python source code. Visibility of the source code does not grant any rights beyond what is expressly licensed herein. You may read the source code solely to the extent incidental to installation and normal operation of BASE-BF. You may not copy, modify, adapt, create derivative works from, incorporate into any other product or project, use as a reference for building competing software, or otherwise exploit any portion of the BASE-BF source code beyond incidental inspection. BASE-BF contains embedded identifying markers in certain parameters and outputs for the purpose of detecting unauthorized copying. TrailACT reserves the right to use these markers as evidence in any infringement proceeding.

License Grant — Free Tier

Subject to these Terms, TrailACT grants you a non-exclusive, non-transferable, revocable license to install and use BASE-BF Free Tier. You represent that you are at least 18 years of age; if you are under 18, you may not use BASE-BF.

License Grant — Paid Tier

Subject to these Terms and payment of the applicable license fee, TrailACT grants you a non-exclusive, non-transferable, perpetual license to install and use BASE-BF Paid Tier.

Each License is issued to a single named individual or to a single named individual per organization and may not be shared, transferred, or used concurrently by more than one individual.

For-hire users who provide BASE-BF outputs to clients remain individually responsible for their professional judgment, the accuracy of inputs, and compliance with all obligations under Sections 5, 6, 7, and 13 of these Terms. The license grants do not grant the right to sublicense, redistribute, or provide access to the BASE-BF application itself to any third party.

Enterprise and Municipal Buyers

Enterprise and municipal buyers whose procurement processes require a signed written agreement in lieu of clickwrap acceptance may request a signed counterpart version of these Terms. These Terms may be superseded in whole or in part by a mutually executed written agreement signed by an authorized representative of TrailACT; no other instrument or course of dealing shall modify or supersede these Terms.

Prohibited Uses

Regardless of tier, the following uses are prohibited:

  • Hosting BASE-BF as a web application, API, or managed service accessible to external users;
  • Embedding BASE-BF in any SaaS product, cloud platform, or subscription service;
  • Redistributing, sublicensing, reselling, or otherwise transferring BASE-BF or any component thereof to any third party;
  • Offering BASE-BF’s computational or modeling functionality to third parties as a substitute for BASE-BF or as part of any competing service;
  • Using BASE-BF or any portion of its source code to build a competing service or product;
  • Using BASE-BF or its outputs to generate training data, fine-tuning datasets, or evaluation benchmarks for any artificial intelligence, machine learning, or statistical modeling system; or
  • Copying, reproducing, or exploiting any portion of the BASE-BF source code beyond incidental inspection as described above.

TrailACT reserves the right to revoke any license upon material violation of these prohibited uses.

15. Dispute Resolution

Before initiating any formal proceeding, you agree to contact TrailACT at support@trailact.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. You waive the right to bring or participate in any class, collective, or representative action.

16. Entire Agreement

These Terms of Service constitute the entire agreement between you and TrailACT with respect to BASE-BF.

No prior or contemporaneous representations, promises, or agreements not contained herein shall have any effect.

17. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Rockland County, New York.

18. Changes to Terms

TrailACT reserves the right to modify these Terms of Service at any time. Updated terms will be made available through the BASE-BF distribution channel and/or the TrailACT website. Continued use of the software following notice of changes constitutes acceptance of the updated terms for all users, regardless of whether or not a user has affirmatively clicked to consent within the software or otherwise.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed from these Terms. In either case, the invalidity, illegality, or unenforceability of that provision will not affect the validity or enforceability of any other provision, which will remain in full force and effect. The parties agree that a court should endeavor to give effect to the parties’ original intent as reflected in the provision to the extent possible.

20. Contact

For questions regarding these Terms of Service, please contact:

Trail Assessment and Construction Tools, LLC

support@trailact.com