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. Third-Party Data Imports

The Service may allow you to import data from third-party services such as theCrag. When you use these import features:

• You are responsible for ensuring you have the right to export and import that data
• We do not guarantee the accuracy, completeness, or formatting of imported data
• We are not affiliated with, endorsed by, or responsible for any third-party service you import from
• Your use of third-party services is governed by their own terms and policies

7. 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.

8. Fees and Payment

The Service is currently provided free of charge. We reserve the right to introduce paid features or subscription tiers in the future. If we do, we will provide reasonable notice and clearly communicate pricing before any charges apply. Any future paid features will be subject to the following:

• Fees will be clearly described before you commit to payment
• Subscriptions, if offered, will renew automatically unless cancelled before the renewal date
• Payments will be processed through the Apple App Store or Google Play Store, and are subject to their respective refund policies
• Refunds are provided in accordance with Australian Consumer Law
• We may change pricing with 30 days' notice

9. Service Availability

We strive to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice where practicable)
• Urgent security updates or bug fixes
• Circumstances beyond our reasonable control, including internet outages, natural disasters, or infrastructure failures

Because the Service is designed to work offline, core functionality such as logging sessions and viewing your data will remain available on your device during periods when cloud services are unavailable. Data will sync automatically when connectivity is restored.

10. 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. Information displayed in the Service (such as grades or route details) may be inaccurate, outdated, or user-submitted, and should never be relied upon for safety decisions.

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

11. 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, including but not limited to loss of data, loss of profits, or personal injury arising from climbing activities.

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.

12. 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.

13. 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
• Your personal data will be deleted within 30 days in accordance with our Privacy Policy
• Data stored locally on your device will not be affected by account deletion and remains your responsibility

14. 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. For significant changes, we will also notify you via email or an in-app notification. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Third-Party App Store Terms

If you download or access the Service through the Apple App Store or Google Play Store, you also agree to the following:

• These Terms are between you and Chalky only, not with Apple Inc. or Google LLC. Apple and Google have no obligation to provide maintenance, support, or warranty for the Service.
• In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple or Google for a refund of the purchase price (if any). To the maximum extent permitted by law, Apple and Google have no other warranty obligation with respect to the Service.
• Apple and Google are not responsible for addressing any claims relating to the Service, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.
• Your use of the Service must comply with the applicable app store terms of service.

16. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, either party may bring proceedings in the courts of New South Wales, Australia.

17. General Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chalky regarding the Service and supersede any prior agreements.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment: We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

18. Contact Us

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

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