# Terms of Service

#### Last Updated: July 2022

For all questions or inquiries, please contact: [support@climbalong.com](mailto:support@climbalong.com)

Welcome to ClimbAlong. Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of all our Services including apps, webpages, etc.

All ClimbAlong websites, services and apps are collectively called the “Services”. The Services are owned and operated by NorthTech ApS (“NorthTech ApS,” “we,” or “us”). These Terms of Service as well as the Privacy Policy are integral parts of the Contract between you and NorthTech ApS regarding your use of the Service.

By downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by these terms and conditions including our Privacy Policy.

If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

We may update these Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site, or through other communications. It’s important that you review the Terms whenever we update them, or when you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, you may not use the Services anymore.

To use our Services, you must be of legal age or have the consent of your parents and/or legal guardians.

To use certain features of the Services you’ll have to create an account. When you create an account, you can do this via the Services or in some cases through your account with certain third-party Social Networking Services such as Facebook or Google (an “SNS Account”). Please refer to our Privacy Policy to see how we collect and use your personal information.

To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. Parents are responsible for the acts of their children who use our Services.

## 1. License of use

#### 1.1 Limited License.

Subject to your ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in compliance with the Contract including these general Terms of Service and our Privacy Policy.

#### 1.2 License Restrictions.

Except as expressly stated in these Terms of Service or in a contract between You and NorthTech, you may not copy, reproduce, sublicense, lease, lend or rent the Services, you may not make modifications to the Services, interfere with, or circumvent any feature of the Services, including any security or access control mechanism; and you may not reverse engineer, decompile or disassemble the App.

#### 1.3 Feedback.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services, you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

## 2. Copyright Policy

We respect copyright law, and we expect our users to do the same. It is our policy to terminate cooperation with any user of the Services who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders including us.

## 3. Limitation of Liability

#### 3.1

To the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service, or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.

#### 3.2

Our aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the amount you have paid to us for access to and use of the Service for the event or circumstance giving rise to claim during the last 6 months.

#### 3.3

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms.

## 4. Ownership; Proprietary Rights.

The Service is owned and operated by NorthTech ApS, a private company registered and operating in Denmark. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property rights and other laws. All Materials included in the Service are the property of us and we reserve all rights to the Materials.

## 5. Content Ownership, Responsibility and Removal.

#### 5.1 Definitions.

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, transmitted, or otherwise made available through the Services; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services. Content includes without limitation User Content.

#### 5.2 Our Content Ownership.

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own User Content. Subject to the foregoing, we exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

#### 5.3 Rights in User Content Granted by You.

By making any User Content available through the Services you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, promoting, and providing the Services and Content to you and to other Users.

#### 5.4 Your Responsibility for User Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, moral rights, or result in the violation of any applicable law or regulation. You are solely responsible that your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

#### 5.5 Removal of User Content.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make or messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

#### 5.6 User Content Disclaimer.

We are under no obligation to edit or control User Content that you or other users post or publish, and we will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable or irrelevant to the Service. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service.

#### 5.7 Monitoring Content.

We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, we still assume no responsibility or liability for content, or any loss or damage incurred because of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

## 6. Communications.

#### 6.1 Push Notifications.

When you install a ClimbAlong app or use a ClimbAlong service, you agree to receive push notifications, which are messages an app sends you when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

#### 6.2 Email.

We may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

## 7. Prohibited Conduct.

By using the service, you agree NOT to:

- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- Harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, scrape, crawl, or cache any part of the Service;
- interfere with the operation of the Service or any user’s use and/or enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials.

## 8. Third Party Terms

**Third Party Services and Linked Websites.** We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.

## 9. Terms, Termination and Modification of the Service.

#### 9.1 Term.

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when the Contract is terminated.

#### 9.2 Termination.

If you violate the provision of the Contract including these Terms, we reserve the right to terminate your authorization to access the Service immediately.

#### 9.3 Modification of the Service.

We reserve the right to modify the Service at any given time and in our sole discretion. We will do our best to communicate major modifications of the service to you.

## 10. Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify us from and against every claim brought by a third-party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:

- (a) your unauthorized use of, or misuse of, the Service;
- (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
- (d) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

## 11. Disclaimers; No Warranties

#### 11.1

The Service and all Contents available through the Service are provided on “as is” basis. We disclaim all warranties of any kind, whether express or implied, relating to the service, challenges, and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. We do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and we do not warrant that any of those issues will be corrected.

#### 11.2

You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.

#### 11.3

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

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