Terms of Service — KalyKala Climbers

These Terms of Service ("Terms") govern your access to and use of the KalyKala Climbers mobile application (the "Service"). The Service is operated by KalyKala LLC ("KalyKala", "we", "us", or "our"), a limited liability company organised under the laws of the State of New Mexico, United States, with its address at 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, United States. The KalyKala website at kalykala.com is a separate service with its own Terms of Use; those terms govern the website, and these Terms govern the app. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. The Service is provided entirely online and is available in many countries. You are responsible for complying with the laws that apply to you where you use it.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms. The Service is not directed to anyone under 18, and we do not knowingly collect information from anyone under 18.

2. What the Service Is — and Is Not

KalyKala Climbers is an introduction service. It lets climbers create a profile and be matched with other climbers who may wish to climb together. The Service is only a tool for making introductions. We are not a party to, and have no involvement in, any interaction, communication, meeting, climbing session, trip, or other activity that you arrange with another user. In particular: - We do not vet, screen, background-check, identity-verify, or otherwise investigate any user. - We do not endorse, recommend, certify, or vouch for any user, or for any user's skill, experience, equipment, honesty, character, or fitness to climb. - We do not supervise, organize, lead, or take part in any climbing activity arranged through the Service. - Statements in user profiles (including stated experience, ability, belay competence, and gear) are self-reported by users and are not verified by us. You are solely responsible for deciding whether to communicate with, meet, or climb with any other user, and for independently evaluating that person.

3. Assumption of Risk — Climbing Is Dangerous

Rock climbing, bouldering, belaying, and related activities are inherently and unavoidably dangerous. They can result in serious injury, permanent disability, or death — including from falls, equipment failure or misuse, belaying errors, falling rock or objects, weather, terrain, and the acts or omissions of climbing partners and other people. By using the Service you acknowledge and agree that: - You knowingly and voluntarily assume all risks associated with climbing and with meeting or partnering with other users, whether those risks are known or unknown, and whether or not they arise from another user's negligence. - You are responsible for your own safety and decisions, including assessing your own ability, your partner's ability, the suitability of any route or crag, the condition of all equipment, and the prevailing conditions. - KalyKala is not responsible or liable for any injury, death, loss, or damage arising out of any climbing activity or any interaction with another user, however caused, except to the extent section 10 says liability cannot be excluded. - We strongly recommend you climb within your ability, use proper equipment, obtain appropriate instruction and insurance, and never rely on the Service or any user's profile as assurance of another person's competence or safety. You may use the Service to find climbing partners anywhere in the world, and the acknowledgements in this Section apply wherever you climb.

4. Meeting Other Users — Safety

Meeting people you do not know carries risk. You are responsible for taking reasonable precautions in all interactions with other users, including users you meet through the Service. We do not conduct criminal background or identity checks on users. We are not responsible for the conduct of any user, online or offline. The Service is not an emergency, rescue, or safety service. If you are in an emergency, contact local emergency services (for example, 112 in the EU and the UK, 911 in the United States).

5. Your Account

You are responsible for the accuracy of the information in your profile and for all activity under your account. Provide truthful information — in particular, do not misrepresent your climbing experience, ability, or belay competence, as others may rely on it for their safety. Keep your login credentials secure.

6. Acceptable Use

You agree that you will not: - Use the Service if you are under 18. - Provide false, misleading, or impersonating information. - Harass, threaten, abuse, defame, or endanger any other user. - Use the Service for any unlawful purpose, or to solicit money, goods, or services from other users. - Post or transmit content that is unlawful, harmful, hateful, sexually explicit, or that infringes the rights of others. - Attempt to access, disrupt, or interfere with the Service, its security, or other users' use of it, or use automated means to access the Service. - Collect or harvest other users' information. We may remove content and suspend or terminate accounts that violate these Terms. The app includes tools to block and report other users. We may act on reports at our discretion, including by removing content or suspending or terminating accounts, but we do not commit to monitoring all activity or to taking any particular action.

7. User Content

You retain ownership of the content you submit to the Service (such as your profile text and photos). You grant KalyKala a non-exclusive, worldwide, royalty-free license to host, store, display, and use that content for the purpose of operating and providing the Service. You represent that you have the rights to the content you submit and that it does not violate these Terms or any law or third-party right.

8. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, including for violation of these Terms or for conduct we consider harmful to other users or to the Service. You may stop using the Service and delete your account at any time from within the app (Edit Profile → Delete Account). Sections that by their nature should survive termination (including Sections 2–4, 7, 9–13, and 18) will survive.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY USER, MATCH, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE ACCURATE OR RELIABLE.

10. Limitation of Liability

To the maximum extent permitted by law: - KalyKala, KalyKala LLC, and its members, officers, employees, contractors and agents will not be liable for any indirect, incidental, special, punitive, or consequential loss or damage, nor for any loss of profit, revenue, goodwill, data, or opportunity, however arising. - In particular, we will not be liable for any loss arising from your interactions with or the conduct of any other user; any climbing or other activity arranged through the Service; your reliance on any user's profile or on information in the Service; or any unavailability of, or change to, the Service. - Our total aggregate liability to you for all claims relating to the Service in any twelve-month period is limited to the greater of (a) the total amount you paid us for the Service in that period, or (b) EUR 100. - These limits apply however the liability arises — in contract, tort (including negligence), or otherwise — and apply even if we have been advised of the possibility of the loss. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law — including liability for death or personal injury caused by our negligence, for fraud, or for any other liability that the law applying to you does not permit to be limited or excluded. Nothing in these Terms affects any mandatory rights you have as a consumer.

11. Indemnification

You agree to indemnify and hold harmless KalyKala LLC and its members, officers, employees, contractors and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your content, your interactions with other users, any climbing or other activity you arrange, or your violation of these Terms or any law or third-party right. This indemnity does not apply to the extent a claim arises from our own negligence or wilful misconduct, and it does not limit any mandatory consumer rights you have.

12. Dispute Resolution

We would rather fix a problem than litigate it — if you have a dispute with us, please contact hello@kalykala.com first and give us a chance to resolve it. Any dispute that cannot be resolved informally will be decided by the courts identified in Section 13, subject to the consumer rights described there. Either party may bring a qualifying claim in small-claims court instead.

13. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws rules. The state and federal courts located in New Mexico have jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you and we consent to that jurisdiction. If you are a consumer resident in the European Union or the United Kingdom, this does not take anything away from you. You keep the protection of any mandatory consumer-protection rules of the country where you live, and you may bring proceedings in the courts of that country. Nothing in these Terms overrides those rights.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, in the app or by updating the effective date), and the app may ask you to accept the updated Terms before you continue. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Privacy

Your use of the Service is also governed by the KalyKala Climbers Privacy Policy, available in this app (Help → Privacy Policy) and at https://kalykala.com/climbers/privacy. The two locations carry the same document.

16. Third-Party Links and Services

The Service may link to third-party websites, apps, and services (for example, local climbing organizations, rescue teams, and route-information tools). These links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party site, service, or content, and we are not affiliated with them unless we say otherwise. Your use of a third-party site or service is at your own risk and subject to its own terms and privacy policy. The app is distributed through app stores such as Google Play. Your use of an app store is subject to that store's own terms. App store operators (including Google) are not parties to these Terms, are not responsible for the Service, and have no obligation to provide any maintenance, support, or warranty for it.

17. Communications

As part of the Service we send push notifications (for example, about new matches, new messages, and climbing-area launches) and emails related to your account or requests (for example, when a climbing area you asked for becomes available). Area-launch and similar emails may also include short news about KalyKala's own related services. Every such email includes an unsubscribe link, and you can turn off push notifications at any time in your device settings; some information may then only be visible inside the app. Emails that are strictly about your account (for example, confirming an account deletion) may still be sent while you have an account.

18. General

These Terms are the entire agreement between you and KalyKala regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a transfer of the Service.

19. Contact

Questions about these Terms: hello@kalykala.com, or by post at: KalyKala LLC 1209 Mountain Road Pl NE, Ste N Albuquerque, NM 87110 United States