Terms of Service

1. Acceptance of Terms & Eligibility

These Terms of Service ("Terms") govern your use of the Climb Harder application and website ("Service"). The Service is operated by a private individual (OSVČ) registered in the Czech Republic ("Operator", "we", "us"). By accessing or using the Service, you agree to be bound by these Terms.

Natural Persons Only: You represent and warrant that you are a natural person (consumer) and not a corporation, partnership, or other legal entity. Accounts registered by bots or automated methods are not permitted.

2. Disclaimer of Warranties ("AS IS")

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free.
• Any warranty regarding the quality, accuracy, truthfulness, or reliability of any data or information provided by the Service.

The Operator makes no guarantee that the software will be free of bugs, security breaches, or data loss. You use the Service at your sole risk.

3. Limitation of Liability

To the fullest extent permitted by applicable law, the Operator shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Damages for loss of profits, goodwill, use, data, or other intangible losses.
• Personal injury or physical harm resulting from training activities.
• The cost of procurement of substitute goods and services.
• Unauthorized access to or alteration of your transmissions or data.

In no event shall the Operator's total liability to you for all damages, losses, or causes of action exceed the amount you have paid to the Operator in the last one (1) month.

4. Health and Safety Warning

WARNING: CLIMBING IS AN INHERENTLY DANGEROUS SPORT THAT CAN RESULT IN PERMANENT DISABILITY, PARALYSIS, OR DEATH.

The Service is a tool for logging and tracking training. It does not constitute medical advice or professional coaching instructions. You are solely responsible for your own health and safety. You should consult with a physician before beginning any new exercise program. The Operator is not responsible for any injuries or health problems that may result from your training or use of the Service.

5. Subscriptions and Payments

Certain features of the Service may be offered on a subscription basis ("Paid Services").

• Billing: Paid Services are billed in advance on a monthly basis.
• Cancellation: You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period.
• No Refunds: There are no refunds or credits for partial months of service or for periods where the Service was not used.
• Changes: We reserve the right to change our fees upon notice.

6. User Content & Database Rights

You are responsible for maintaining the security of your account and password. You are responsible for all content posted and activity that occurs under your account.

By uploading data (including but not limited to climbing logs, route descriptions, and grading opinions) to the Service, you acknowledge that this data becomes part of the Operator's aggregate database. You grant the Operator a perpetual, non-exclusive, worldwide, royalty-free license to use, display, and distribute this data as part of the Service.

7. Consumer Rights (Withdrawal)

Digital Content Exception: By subscribing to Paid Services, you explicitly request that the provision of the digital content begins immediately. You expressly acknowledge that by granting this consent, you lose your right of withdrawal within 14 days under Section 1837(l) of the Czech Civil Code (Act No. 89/2012 Coll.).

8. Alternative Dispute Resolution

If you are a consumer and a dispute arises between us that cannot be resolved directly, you have the right to submit the dispute for out-of-court resolution to the Czech Trade Inspection Authority (Česká obchodní inspekce):

• Web: www.coi.cz
• Address: Štěpánská 15, 120 00 Prague 2, Czech Republic

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in the Czech Republic.

10. Contact Information

If you have any questions about these Terms, please contact us at: support@climb-harder.com