Terms of Service

Who we are, and what this is

Climb Kaizen is a climbing training log operated by Zack Sawyer, a sole proprietor in California, United States. "We" and "us" mean that business. "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 does not tell you what to train, how hard to pull, when to rest, or whether you are ready for a climb. It has no coach in it.

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 in Climb Kaizen is medical advice, physiotherapy, diagnosis, treatment, or professional coaching. It is not a medical device and makes no medical claim. Do not use it in place of a doctor, physiotherapist or qualified coach. 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.

Assumption of risk and release

CLIMBING AND TRAINING FOR CLIMBING ARE DANGEROUS. They carry an inherent risk of serious injury, permanent disability and death, including from falls, equipment failure, rock fall, belay error, finger and tendon injury, and overuse. Those risks cannot be eliminated, and they exist whether or not you use this app.

YOU ACCEPT THOSE RISKS YOURSELF. You are solely responsible for your own safety, your own decisions about what to climb and what to train, your equipment, your partners, and your judgement about your own condition on any given day.

YOU RELEASE US FROM CLAIMS ARISING FROM OUR ORDINARY NEGLIGENCE. To the fullest extent the law allows, you release, waive and discharge Climb Kaizen and its operator from any claim for injury, loss or damage arising out of your climbing or training, or out of your use of or reliance on anything in the app, including any such claim caused by our own negligence or the negligence of anyone acting for us. You give this release knowingly and voluntarily, having read this section.

This release does NOT cover gross negligence, recklessness, or intentional wrongdoing, and it does not limit liability for death or personal injury where the law forbids that limit, or any other liability we are not permitted to disclaim.

Your account

You must be at least 16 years old to hold an account. One account per person. 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, and tell you about changes to these terms.

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, and show it back to you on your own devices.

We do not sell your content, publish it, or train anything on it. Export is self-service, in Preferences, in CSV and JSON.

The app itself, its design, its code and the shared catalog of places and climbs remain ours or our licensors'. 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.
• Scrape, bulk-download or resell our catalog, or try to get at data belonging to other people.
• Attack, probe or overload the service, or work around its security or rate limits.
• Resell or sublicense access to the service.

Beta software, and what we promise

Climb Kaizen is in active development. Features change and sometimes disappear. 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.

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

Climb Kaizen is free today. Nothing is sold in either app, and we collect no payment details anywhere.

When paid plans launch, these terms will be updated first, with the price, the renewal term, and how to cancel, and we will tell existing account holders before anything is charged. No charge will be made without your explicit consent given at the time.

Ending it

You can stop at any time. Email support@climbkaizen.com to have your account and its data deleted. In-app deletion is not built yet; until it is, a person handles the request directly.

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. If a change is material we will update the date above and tell account holders by email before it takes effect. Continuing to use the service after that means you accept the new terms; if you do not, close your account.

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 in the United Kingdom or the European Union, 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.

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 Privacy policy, are the whole agreement between you and us about the service.

Questions: support@climbkaizen.com.