Terms of Service

These Terms of Service are provided as a template and should be reviewed by a qualified attorney before use. This document may not be fully compliant with the laws in your jurisdiction.

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Bolda software service, including any associated websites, networks, applications, and other services provided by Bolda (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Bolda ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

• "User," "you," and "your" refer to the individual or entity accessing or using the Service.
• "Subscription" refers to the purchased right to access and use the Service according to the selected plan.
• "Content" refers to any text, images, videos, audio, or other material that appears on or through the Service.
• "User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service.
• "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

6. Service Description

The Bolda Service is a climbing tracker application that allows users to track sends, share beta, log progress, and connect with the climbing community. The specific features and functionality available to you will depend on the Subscription plan you select.

7. Subscription Terms

Access to our Service requires a paid Subscription. Unless otherwise specified at the time of purchase:

• Subscriptions are billed on a monthly or annual basis
• Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
• You authorize us to charge your payment method for the Subscription fee at the beginning of each billing period
• If you upgrade your Subscription, we will immediately charge your payment method for the prorated difference in cost
• If you downgrade your Subscription, the change will take effect at the start of the next billing period

Prices for our Service are subject to change with notice. We will notify you of any price changes before they take effect. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the changed amount.

You may cancel your Subscription at any time through your account settings or by contacting us. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not be eligible for a refund of any portion of the Subscription fee except as expressly provided in these Terms or as required by applicable law.

8. Free Trials

We may offer free trials of our Service. Free trial eligibility is determined at our discretion and may be limited to new users or other qualifying customers. We reserve the right to modify or terminate free trials at any time without notice.

Unless you cancel before the end of the free trial period, we will automatically charge your payment method for the first billing period of your Subscription at the end of the free trial.

9. Service Availability and Support

We will make reasonable efforts to keep our Service operational 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted access to our Service, and operation of our Service may be interfered with by numerous factors outside our control.

We reserve the right to suspend access to the Service, in whole or in part, for maintenance or upgrades or to address security concerns, with or without notice. We will use reasonable efforts to schedule planned downtime during off-peak hours.

Technical support is provided according to your Subscription plan. Support services may include email support, documentation, or access to a help desk, as specified for your Subscription plan.

10. User Accounts

You must create an account to access the Service. You are responsible for:

• Providing accurate, current, and complete information
• Maintaining the confidentiality of your password and account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

11. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe the rights of others, including intellectual property rights
• Attempt to breach any security or authentication measures
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Collect or harvest any information from the Service, including user accounts, user data, or content
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Use automated scripts to collect information from or otherwise interact with the Service
• Exceed the usage limitations or quotas associated with your Subscription plan

12. User Data

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, display, and distribute your User Data solely as necessary to provide the Service to you and your authorized users.

We will not access your User Data except:

• To provide the Service to you and your authorized users
• To prevent or address technical or security issues
• To respond to customer support requests
• As required by law
• As explicitly permitted in writing by you

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide the User Data to us and to grant the rights granted herein.

13. Data Security and Privacy

We collect and process personal data as described in our Privacy Policy. By using our service, you consent to such processing.

14. Service Level Agreement

We will use commercially reasonable efforts to make the Service available with an uptime of at least 99.9%, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as described in our Service Level Agreement, which is incorporated by reference into these Terms.

15. Intellectual Property

All content provided by Bolda, including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bolda or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of Bolda and is protected by international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bolda.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes or personal use, as applicable, in accordance with these Terms. This license does not include the right to:

• Modify or copy the Service or any content therein
• Use the Service for any commercial purpose other than your organization's internal business purposes
• Transfer, sell, rent, lease, sublicense, or distribute the Service to any third party
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Service

16. Feedback

We welcome feedback, comments, and suggestions for improvement of the Service ("Feedback"). You grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback in all formats and distribution channels now known or hereafter devised, without any attribution or compensation to you.

17. Third-Party Integrations

The Service may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behavior, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

18. Disclaimer of Warranties

To the maximum extent permitted by applicable law, 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, title, and non-infringement. Bolda does not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected, or that your use of the Service will meet your requirements or expectations.

19. Limitation of Liability

To the maximum extent permitted by law, Bolda shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

20. Indemnification

You agree to indemnify, defend, and hold harmless Bolda, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Data, or your use of the Service. Bolda reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bolda in asserting any available defenses.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia.

22. Dispute Resolution

Any disputes arising from these Terms will be resolved through arbitration in accordance with the rules of the jurisdiction where Bolda is headquartered.

23. Entire Agreement

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Bolda regarding your use of our Service and supersede any prior agreements between you and Bolda relating to your use of our Service.

24. Waiver and Severability

The failure of Bolda to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

25. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Bolda, but may be assigned by Bolda without restriction.

26. Termination

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination:

• Your license to use the Service will immediately cease
• You will lose access to any User Data stored in the Service, unless otherwise specified in your Subscription plan
• We may, but are not obligated to, delete your User Data after a certain period of time

If you wish to terminate your account, you may do so by following the instructions on the Service or by contacting us at hello@bolda.cc.

27. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

28. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

29. U.S. Government Users

If you are a U.S. government user, the Service is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202.

30. Force Majeure

Bolda shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

31. No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights on any person or entity.

32. Contact Information

If you have any questions about these Terms, please contact us at hello@bolda.cc.

General Data Protection Regulation (GDPR) Compliance

The following provisions apply to users protected by European Union regulations.

Data Collection Under GDPR

In compliance with the General Data Protection Regulation (GDPR), we collect and process your personal data only when we have a lawful basis to do so. This includes processing based on your consent, to fulfill a contract with you, to comply with a legal obligation, to protect your vital interests, to perform a task in the public interest, or for our legitimate interests where those don't override your fundamental rights and freedoms.

We collect only the minimum data necessary for the purposes specified in this policy. When we request your consent to process your data, you have the right to withdraw that consent at any time.

Data Processing Under GDPR

We process personal data in accordance with the principles outlined in the GDPR:

• Lawfulness, fairness, and transparency: We process data lawfully, fairly, and in a transparent manner.
• Purpose limitation: We collect data for specified, explicit, and legitimate purposes and do not process it in a manner incompatible with those purposes.
• Data minimization: We limit data collection to what is necessary for the purposes for which it is processed.
• Accuracy: We take reasonable steps to ensure personal data is accurate and kept up to date.
• Storage limitation: We keep data in a form that permits identification only as long as necessary for the purposes of processing.
• Integrity and confidentiality: We process data in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

We maintain records of our data processing activities and conduct data protection impact assessments where required by law.

Your Rights Under GDPR

If you are located in the European Economic Area (EEA), you have the following rights with respect to your personal data:

• Right to access: You can request a copy of the personal data we hold about you.
• Right to rectification: You can request that we correct inaccurate or incomplete data about you.
• Right to erasure: You can request that we delete your personal data in certain circumstances.
• Right to restrict processing: You can request that we restrict the processing of your data in certain circumstances.
• Right to data portability: You can request to receive your data in a structured, commonly used, and machine-readable format.
• Right to object: You can object to our processing of your personal data in certain circumstances.
• Rights related to automated decision-making: You can request human intervention in automated decisions that significantly affect you.

To exercise these rights, please contact us at hello@bolda.cc. We will respond to your request within 30 days.

International Data Transfers

If we transfer your personal data outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as:

• Transferring to countries deemed by the European Commission to provide adequate protection
• Using Standard Contractual Clauses approved by the European Commission
• Adopting Binding Corporate Rules for transfers within our corporate group
• Where applicable, relying on derogations for specific situations such as your explicit consent or the necessity to perform a contract with you

California Consumer Privacy Act (CCPA) Compliance

The following provisions apply to users protected by California, United States regulations.

California Privacy Rights

If you are a California resident, you have the following rights under the CCPA:

• Right to know: You can request information about the personal information we have collected about you and how we have used and disclosed it.
• Right to delete: You can request the deletion of your personal information, subject to certain exceptions.
• Right to opt-out: You can opt out of the sale of your personal information, if applicable.
• Right to non-discrimination: We will not discriminate against you for exercising any of your CCPA rights.

To exercise your rights, you can submit a verifiable consumer request by contacting us at hello@bolda.cc. You may make a request up to twice within a 12-month period. We will respond to your request within 45 days.

Lei Geral de Proteção de Dados (LGPD) Compliance

The following provisions apply to users protected by Brazil regulations.

Your Rights Under LGPD

If you are located in Brazil, the LGPD provides you with specific rights regarding your personal data. You have the right to:

• Confirmation of the existence of processing of your personal data
• Access to your personal data
• Correction of incomplete, inaccurate, or outdated data
• Anonymization, blocking, or deletion of unnecessary or excessive data
• Portability of your data to another service provider
• Deletion of personal data processed with your consent
• Information about public and private entities with which we have shared your data
• Revocation of consent

Personal Information Protection and Electronic Documents Act (PIPEDA) Compliance

The following provisions apply to users protected by Canada regulations.

Canadian Privacy Rights

Under PIPEDA, you have the right to:

• Access your personal information held by us
• Challenge the accuracy and completeness of your personal information
• Have your personal information amended where inaccurate or incomplete
• Withdraw your consent to the continued use and disclosure of your personal information

Protection of Personal Information Act (POPIA) Compliance

The following provisions apply to users protected by South Africa regulations.

Your Rights Under POPIA

As a data subject under POPIA, you have the right to:

• Request confirmation of whether we hold your personal information
• Request access to your personal information
• Request correction or deletion of inaccurate, irrelevant, excessive, outdated, incomplete, misleading, or unlawfully obtained personal information
• Object to the processing of your personal information in certain circumstances
• Object to the processing of your personal information for direct marketing purposes
• Not be subject to a decision based solely on automated processing
• Submit a complaint to the Information Regulator

Australian Privacy Principles (APPs) Compliance

The following provisions apply to users protected by Australia regulations.

Your Privacy Rights in Australia

We comply with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). Under the Privacy Act and the APPs, you have the right to:

• Request access to the personal information we hold about you
• Request correction of any personal information that is inaccurate, out-of-date, incomplete, irrelevant, or misleading
• Make a complaint about a breach of the APPs
• Opt out of receiving direct marketing communications from us

Disclosure to Overseas Recipients

We may disclose your personal information to overseas recipients, such as service providers or affiliated entities located outside Australia. When we do so, we take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to your personal information.

Canada's Anti-Spam Legislation (CASL) Compliance

The following provisions apply to users protected by Canada regulations.

Unsubscribe Mechanism

Every commercial electronic message we send includes a clear and prominent unsubscribe mechanism. When you unsubscribe, we will honor your request within 10 business days. We will not charge a fee, require you to provide personal information beyond your electronic address, or make you take any steps other than sending a reply email or visiting a single webpage to unsubscribe.

User-Generated Content Moderation

Content Standards

When submitting User Content to our Services, you must comply with the following standards. User Content must not:

• Contain material that is defamatory, obscene, offensive, hateful, or inflammatory
• Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe any copyright, database right, trademark, or other intellectual property right of any person
• Be likely to deceive or mislead any person
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Promote any illegal activity or advocate, promote, or assist any unlawful act
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety
• Impersonate any person or misrepresent your identity or affiliation with any person
• Contain any advertising or promote any services or web links to other sites without our prior written approval

Copyrighted Music and Audio Content

User Content that includes audio, music, or video with accompanying soundtracks must not contain copyrighted material for which you have not obtained the necessary rights, licenses, or permissions. This includes, but is not limited to, copyrighted songs, recordings, compositions, sound effects, and other audio works.

Bolda reserves the right to remove, disable access to, or modify any User Content that contains or is reasonably believed to contain copyrighted music or audio material used without proper authorization, at our sole discretion and without prior notice. We may also mute, replace, or strip the audio from such content where technically feasible.

Repeated uploads of content containing unauthorized copyrighted music or audio may result in warnings, temporary suspension, or permanent termination of your account in accordance with our repeat offender policy. You are solely responsible for ensuring that any music or audio included in your User Content is properly licensed or falls within applicable fair use or fair dealing exceptions.

Moderation Process

We may employ various moderation methods, including but not limited to:

• Pre-moderation (reviewing content before it is published)
• Post-moderation (reviewing content after it is published)
• User flagging and reporting systems
• Automated filtering and detection tools
• Human review by moderators or community managers

Our moderation team has sole discretion to determine whether User Content violates these Terms. Moderators may take any of the following actions in response to violations:

• Remove or refuse to post any User Content
• Limit or block a user's ability to submit User Content
• Issue warnings to users
• Temporarily suspend or permanently terminate a user's account
• Report illegal content to relevant authorities

Appeals Process

If you believe your content was removed in error, you may appeal the moderation decision by contacting us at hello@bolda.cc. Please include:

• The specific content that was removed
• The reason you believe the content does not violate our Terms
• Any additional context that may be relevant to our review

We will review your appeal and respond within a reasonable timeframe. All moderation decisions following an appeal are final.

Repeat Offenders

Users who repeatedly violate our content standards may have their accounts terminated and may be permanently prohibited from using our Services. We maintain internal records of warnings and violations to identify repeat offenders.

No Monitoring Obligation

Although we have the right to monitor, remove, or edit User Content, we are not obligated to do so and assume no responsibility for monitoring all User Content. Users are encouraged to report content that violates these Terms through our reporting mechanisms.

Data Processing Terms

Scope and Roles

These Data Processing Terms apply when we process personal data on your behalf in the course of providing our Services. For the purpose of these terms, you are the "Data Controller" and we are the "Data Processor" as those terms are defined in applicable data protection laws.

Data Breach Notification

We will notify you without undue delay after becoming aware of a personal data breach affecting the personal data we process on your behalf. Our notification will include, to the extent possible:

• The nature of the breach
• The categories and approximate number of data subjects concerned
• The categories and approximate number of personal data records concerned
• The likely consequences of the breach
• The measures taken or proposed to address the breach and mitigate possible adverse effects

Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards (Web Content Accessibility Guidelines) and applicable laws regarding accessibility.

If you experience any difficulty accessing any part of our Services, please contact us at hello@bolda.cc. We welcome your feedback and are committed to continually improving the accessibility of our Services.

Dispute Resolution and Arbitration

Informal Dispute Resolution

Before filing a claim against us, you agree to attempt to resolve the dispute informally by contacting us at hello@bolda.cc. If the dispute is not resolved within 30 days after submission, you or we may initiate formal proceedings.

Agreement to Arbitrate

You and we agree to resolve any disputes between us through binding and final arbitration instead of through court proceedings. You acknowledge and agree that you are waiving the right to sue in court, have a jury trial, or participate in a class action.

Exceptions to Arbitration

Notwithstanding the foregoing, the following shall not be subject to arbitration: (1) small claims court cases that qualify; (2) disputes related to intellectual property (like patents, trademarks, and copyright); (3) disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (4) any claim for injunctive relief.

Class Action Waiver

You and we agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Intellectual Property Rights

Copyright Complaints

If you believe that any material available on or through the Service infringes upon your copyright, please notify us. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing.

DMCA Compliance

If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed