Terms of Service

1. Agreement to Terms

By accessing or using the Chalky mobile application and website (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Chalky is operated by Chalky Pty Ltd, an Australian company. These Terms are governed by the laws of Australia.

2. Description of Service

Chalky is a mobile application and web service that allows users to:

• Track climbing sessions and routes
• Log climbing grades, attempts, and sends
• Store photos and videos related to climbing
• View statistics and analyse climbing progress
• Sync data across devices

The Service operates on an offline-first model, meaning core functionality is available without an internet connection.

3. User Accounts

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised access
• Accept responsibility for all activities under your account

You must be at least 13 years old to create an account and use the Service.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to the Service or its systems
• Upload malicious content, viruses, or harmful code
• Interfere with or disrupt the Service or servers
• Scrape, harvest, or collect data from the Service without permission
• Impersonate another person or entity
• Use the Service to harass, abuse, or harm others

5. User Content

You retain ownership of any content you upload to the Service ("User Content"), including climbing data, photos, and notes.

By uploading User Content, you grant us a limited licence to store, process, and display your content solely for the purpose of providing the Service to you. We do not use your content for advertising or share it with third parties except as necessary to operate the Service.

You are responsible for ensuring you have the rights to upload any content you submit to the Service.

6. Intellectual Property

The Service, including its design, features, and content (excluding User Content), is owned by Chalky and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to use the Service for your personal, non-commercial use.

7. Fees and Payment

The Service may offer free and paid subscription tiers. If you subscribe to a paid tier:

• You agree to pay all applicable fees as described at sign-up
• Subscriptions renew automatically unless cancelled
• Refunds are provided in accordance with Australian Consumer Law
• We may change pricing with 30 days' notice

8. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Climbing is an inherently dangerous activity. The Service is a tracking and logging tool only. We do not provide climbing instruction, safety guidance, or route recommendations. You are solely responsible for your safety while climbing.

We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components.

9. Limitation of Liability

To the maximum extent permitted by Australian law, Chalky and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10. Indemnification

You agree to indemnify and hold harmless Chalky and its affiliates from any claims, damages, losses, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.

11. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our sole discretion.

You may terminate your account at any time by contacting us or using the account deletion feature in the app. Upon termination, your right to use the Service will immediately cease.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these Terms or the Service shall be resolved in the courts of New South Wales, Australia.

14. Contact Us

If you have questions about these Terms, contact us at:

• Email: chalkyclimbing@outlook.com
• Website: https://chalkyclimbing.au