Terms of Service

Who we are, and what this is

Climb Kaizen is an app for logging, planning and understanding your climbing and training. It is operated by Climb Kaizen LLC, a California limited liability company. Its address is 440 N Barranca Ave #9839, Covina, CA 91723. "We" and "us" mean that company. "You" means the person holding the account.

By creating an account or using the service, you agree to these terms. If you do not agree, do not use it.

What the service does, and what it does not

Climb Kaizen records what you did and shows you the numbers that follow from it. It may also show you guidance. That means suggestions, plans, targets, protocols, prescriptions, observations drawn from your own history, and anything similar we add later.

Guidance is general information, not an assessment of you. It is produced from numbers you typed in. The app cannot see your technique, your fatigue, an old injury, the rock in front of you, your gear, your partner, or how you actually feel today, and it does not know what you can safely do.

Anything you enter, including exercises, protocols, plans and prescriptions, is your own choice. We do not review it, endorse it, or check that it is safe or appropriate for you.

Not medical, health or professional advice

Nothing the app itself produces is medical advice, physiotherapy, diagnosis, treatment, or professional coaching. That covers everything the service produces, including any guidance, and it does not matter how the guidance was produced or what it drew on. It is not a medical device and makes no medical claim.

It is for informational and educational purposes only. Do not use it in place of a doctor, physiotherapist or qualified coach. Never disregard professional advice, or delay getting it, because of something this app showed you. If you have an injury, a medical condition, or any doubt about whether an activity is safe for you, speak to a qualified professional before doing it.

Your decisions are yours

Where the app suggests something — a load, a rest, a plan, a protocol, a target, a number worth beating — it is offering information for you to weigh. It is not an instruction, and following it is never required.

You decide. Every decision to attempt a climb, add weight, train through discomfort, keep going or stop is yours alone. You make it with everything the app cannot see: how you feel, what a doctor or coach has told you, the conditions in front of you, your gear, your partner, and your own experience. If anything the app shows you conflicts with your own judgement or with professional advice, follow the judgement and the advice.

The numbers can be wrong. Grades, route details and the shared catalog of places come from public sources and from other people, and we do not verify them. Conditions change and records go out of date. A grade describes difficulty, not safety, and nothing here tells you that a climb is safe, that a piece of gear will hold, or that you are ready.

So can everything else we hold about a climb or a place. That includes what kind of climb we call it — sport, trad, boulder, top-rope or anything else — how many pitches we say it has, how long or how high we say it is, anything about bolts, gear or how protected it is, any safety or seriousness rating, the name itself, and where a map or a coordinate puts it. A route we file as sport may be trad. A single pitch may not be. A position may be approximate, or simply wrong. We may add facts of this kind later, and everything in this paragraph covers those too. We hold these facts to make logging and planning quicker. A climb being on the list is not a suggestion that you climb it.

This applies while you are planning, not only while you are logging. Picking a crag, building a pyramid, setting a target or planning a trip around what the app shows you is the same act of relying on it. Check anything that matters against a current guidebook, the local community, or your own eyes before you commit to it.

Using Climb Kaizen does not relieve you of checking the conditions in front of you. Whatever the app says, the rock, the weather, the light, the gear and the day are yours to read on the ground.

Coaching, if we ever offer it. There is none in the service today. If coaching is ever offered here, by us or by other people, it will come with its own terms. Those will say who the coach is, who your agreement is with, and who is responsible for what a coach tells you, and you will see them before you choose it. Unless they say otherwise, everything in this section would still apply.

Assumption of risk and release

The assumption of risk and release is a separate document, and you agree to it with a tick of its own when you sign up. In it you accept that climbing and training for climbing are dangerous, and you give up claims against us, including claims caused by our own ordinary negligence. Please read it in full at climbkaizen.com/release.

Your account

You must be at least 18 years old to hold an account. One account per person, unless your plan says otherwise. Keep your password to yourself; you are responsible for what happens under your account. Tell us at support@climbkaizen.com if you think somebody else has access to it.

Give us an email address that reaches you. It is how we confirm your account, reset your password, write to you about your plan, and tell you about changes to these terms. Now and then we may also send news about the app, and each of those has an unsubscribe link.

What you write stays yours

Your logs, notes, plans and photos belong to you. We claim no ownership of them. You give us only the permission we need to run the service: to store your content, back it up, show it to you on your devices, and show it to anyone you choose to share it with.

We never sell your content. Not to advertisers, not to data brokers, not to anyone. And we never make it public unless you choose to share it. If a different company ever takes over the service, your account goes with it under these same terms; see The rest, below. Export is self-service, in Preferences, in CSV and JSON.

We may study climbing in aggregate. That means looking at patterns across many people's logs, and building our own models from them, to understand how climbers train and to make the app better. Anything we publish from that work describes climbing and never a climber: grouped so that no one person can be picked out of it. Your health and cycle data stay out of it unless you have separately agreed otherwise. You can tell us to leave your logs out at any time, at support@climbkaizen.com.

Places and climbs you add. The name, the grade and the location of a real gym, crag or route are facts about the world rather than content of yours. If you add one that our shared list is missing, we may add it to that list for everyone. Nothing else goes with it: not your name, not your notes, and nothing from your log.

The app itself, its design, its code and the shared catalog of places and climbs remain ours, or belong to those who license them to us. Parts of the catalog, for example, come from public datasets under their own terms. Using the service does not transfer any of that to you.

Fair use

Do not:

• Use the service to break the law, or to harm or harass anybody.
• Upload content you do not have the right to upload, including guidebook text, topo photographs, or anything copied from another climbing database.
• Try to reach data belonging to other people, or any account that is not yours.
• Reach the service, or the interfaces behind it, by automated means — a bot, a script, a crawler or a tool of your own — instead of through the apps we publish or a way in that we offer for that purpose, or attempt to. Our public pages are a different matter: they are published to be read, and /robots.txt says who may read them.
• Attack, probe or overload the service, or work around its security or rate limits.
• Resell or sublicense access to the service.

What we promise, and what we don't

Climb Kaizen keeps changing. Features change, and some may go. There is no uptime guarantee, and we may take the service down for maintenance without notice.

The service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that it will be uninterrupted, error free, or that any number it shows you is accurate.

Keep your own copy of anything you would be upset to lose. Export is one press in Preferences. We take backups, and they are not a promise.

Our liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or the cost of substitute services.

Our total liability to you for any claim relating to the service is limited to the greater of the amount you paid us in the twelve months before the claim arose, or one hundred US dollars.

These limits protect the company's members, managers, employees, contractors and agents, and anyone else acting for it, in the same way, and that total is for all of us together.

Some places do not allow these limits. Where that is so, they do not apply to you, and nothing here affects rights you have under consumer law that cannot be waived, including statutory rights in the United Kingdom and the European Union.

Payment

A subscription is what lets you add new entries to your log: sessions, workouts, check-ins, cycle days, plans, goals, pyramids, assessments, templates, trips, training phases, force-sensor tests and your own movements. A plan may include other features too, and says so where you choose it. Reading, browsing, editing, exporting and deleting everything already there is free, and stays free after a subscription ends. Your record is never held back from you.

The first 30 days are free and take no card. The app asks whether you would like to subscribe. If you pass, nothing is charged when they end and nothing renews, because we never took a payment method, and your log stays readable and exportable. If you subscribe on the website, you enter a payment method at that point, and the first charge is taken on the day the free days end. If you subscribe through Apple on an iPhone or iPad, Apple charges you on the day you subscribe, and your free days end then.

What it costs. The prices are on our pricing page and on the screen where you subscribe. On the website, sales tax is added at checkout in the United States where it applies, and everywhere else VAT or local tax is already included in the price you see. Through Apple on an iPhone or iPad, the price is the one Apple shows in its purchase sheet, in your own currency. The exact amount is shown before you confirm, and that screen governs.

One subscription covers web, iPhone and Android, whichever way you bought it. You can subscribe on the website, or on an iPhone or iPad through Apple's in-app purchase. The Android app sells nothing. Sign in on any device afterwards and it is there.

Who you are paying. In the United States you are paying us, with Stripe processing the payment. Everywhere else Stripe is the merchant of record and sells to you directly, which is why your receipts come from them. Either way your card details go to Stripe and never reach our servers. Through Apple you pay Apple, under Apple's own terms, and your receipts come from Apple; in the United States Apple sells as our agent, so we remain the seller. Your payment details go to Apple and never reach us.

It renews until you stop it. A monthly plan renews every month and an annual plan every year, at your plan's price, until you cancel. On the website you agree to that in its own tick box at checkout, separately from these terms and never bundled into them, and we keep a record of the exact words you were shown. Switching from monthly to annual shows you the new terms and what leaves your card today before you confirm, and we keep that record too. Through Apple you confirm in Apple's own purchase sheet, after the app shows you the renewal terms, and in the United States we keep a record of those words and when you tapped.

We don't block the exit. Cancelling is as easy as subscribing. A plan bought on the website: two presses on your subscription page, at any time, wherever you are. A plan bought through Apple: in Settings on your iPhone or iPad, under your name, then Subscriptions. Only you can cancel an Apple plan, and deleting your account does not. Cancel before the next renewal and you are not charged again; you keep what you have already paid for until that period ends. No retention maze, no phone call, no email required.

Refunds. If something has gone wrong, write to support@climbkaizen.com and we will look at it. A plan bought through Apple is Apple's to refund, through Apple's own request page. Nothing here removes a refund or cancellation right the law gives you, including any statutory right to withdraw if you are a consumer in the United Kingdom or the European Union.

Codes. A code may add free days, cover a subscription, or discount one. Codes are spent on the website, and a discount applies to a plan bought there. A code is worth whatever it says on the day you spend it.

If the price changes, we will tell you by email before it applies to you, with enough notice to cancel first. A change never applies to a period you have already paid for.

If we restrict something

A person decides, every time. We do not use any automated system to scan, rank, remove or restrict what you write. Nothing here is checked by a machine, and no account is closed by one.

If something you have stored breaks the law or breaks the Fair use rules above, we may remove it, or suspend or close the account. We look at each case on what it is.

If we do restrict something, we tell you. You get what we did, the facts we relied on, whether somebody reported it, the ground we relied on, and what you can do about it. What you can do is write back and ask a person to look again, and take it to a court. We have no internal appeals board and no out-of-court dispute body, and we are not going to pretend otherwise.

If you believe something on Climb Kaizen is unlawful, you can tell us with or without an account, at climbkaizen.com/legal-notices.

Ending it

You can stop at any time. Deleting your account is one control inside the app, in Preferences, on the phone and on the web, and it removes your account and its data. If you would rather a person did it, email support@climbkaizen.com.

We may suspend or close an account that breaks these terms, or if we stop running the service. If we close the service down, we will give reasonable notice and time to export your data.

Changes to these terms

We may update these terms. The version you agreed to stays yours. We keep a record of which version each account agreed to, by its date. A newer version applies to everyone who signs up after it. Whether it applies to you depends on what changed.

A change is material for you if it affects what you pay, what you get for it, what we do with your data, or your rights. A price rise on a plan you hold always counts. A new price for people who have not subscribed yet does not, and neither does correcting a mistake or making a sentence clearer.

A change that is not material for you, or that only gives you more, applies to you as soon as it is on this page. A change that is material for you applies to you only after we tell you, by email or in the app, with enough notice to cancel first. A price rise is always told by email. Continuing to use the service after that means you accept the new terms; if you do not, close your account.

This page shows the newest version, and the date at the top is its date. To read the version you agreed to, write to support@climbkaizen.com.

A feature may come with terms of its own. A paid add-on, for example, or a service from another person. You see and accept those when you choose the feature, and they apply only if you do. Where they differ from these terms, they decide for that feature. Adding one changes nothing for anyone who does not use it.

Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict of laws rules. Any dispute goes to the state or federal courts of California, and you and we consent to their jurisdiction.

If you are a consumer outside the United States, this does not deprive you of the protection of the mandatory laws of the country you live in, or of your right to bring proceedings there. Several countries give a consumer that protection whatever a contract says.

The rest

If any part of these terms is found unenforceable, the rest stays in force. Our not enforcing something is not a waiver of it. These terms, together with the assumption of risk and release, the Privacy policy, and any terms that come with a feature you choose, are the whole agreement between you and us about the service. Where these terms and the release say different things about what the release covers, the release decides.

If the company changes. Climb Kaizen is a personal project, and we don't plan to sell it. But a company sometimes has to change shape, and ours may move to another state one day. So we may transfer these terms, and your account, to a company that takes over the service. Your rights under them go with it, and the Privacy policy says what happens to your data and how you hear about it first.

Questions: support@climbkaizen.com.