Last updated: February 21, 2026
Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the UpCanyon mobile application and website (collectively, the "Service") operated by UpCanyon ("we," "us," or "our").
By accessing, downloading, installing, or using the Service in any way, you agree to be bound by these Terms. If you do not agree to all of the provisions of these Terms, you must not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.
The Service provides informational data including, but not limited to, traffic conditions, road status, weather data, vehicle locations, and electronic sign messages. This data is aggregated from publicly available third-party sources, including government agencies. The Service is provided for informational and convenience purposes only.
The content and data provided through the Service are for general informational purposes only and should not be relied upon as a sole basis for making decisions, including but not limited to travel, safety, or navigation decisions. Road and weather conditions can change rapidly and without warning. You should always verify conditions through official sources and exercise your own independent judgment. We are not responsible for any decisions you make based on information displayed in the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR DATA OBTAINED THROUGH THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPCANYON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You acknowledge and agree that your use of the Service is at your sole risk. You are solely responsible for any damage to your device, loss of data, or any other harm that results from your use of the Service. You further acknowledge that outdoor activities, including driving in mountain canyons, carry inherent risks, and the Service does not eliminate or reduce those risks in any way.
You agree to defend, indemnify, and hold harmless UpCanyon, its officers, directors, employees, agents, licensors, and service providers from and against any and all 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 or your use of the Service.
The Service may display data from third-party sources, including government agencies such as UDOT and UTA, and may use third-party services such as Firebase (Google) for analytics. We have no control over and assume no responsibility for the content, accuracy, privacy policies, or practices of any third-party sources or services. You acknowledge and agree that we 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 third-party content, goods, or services.
You agree not to:
The Service and its original content (excluding data from third-party sources), features, and functionality are and shall remain the exclusive property of UpCanyon and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding information.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
We reserve the right to revise these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting of the updated Terms, with the "Last updated" date revised accordingly. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
The failure of UpCanyon to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UpCanyon.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and UpCanyon regarding the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the state or federal courts located in Salt Lake County, Utah, and you consent to the exclusive jurisdiction and venue of such courts.
If you have any questions about these Terms, please contact us at [email protected].