(also referred to as the “Terms”)
PREAMBLE
BY DOWNLOADING, INSTALLING, AND USING THE SYSTEM, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS OF USE AND CONFIRM THAT YOU HAVE FAMILIARIZED YOURSELF WITH THE INFORMATION ON THE PROCESSING OF PERSONAL DATA (GDPR).
By using the Service, you acknowledge that climbing is inherently a dangerous sport that can result in permanent disability, paralysis, other serious injuries, or even death, both to you and those around you. You should never climb without extensive training, proper supervision by experienced and professional climbers, or without high-quality climbing equipment. You should not climb in an area or on a wall that does not appear safe to you, or if you are unwilling to take full responsibility for the consequences of participating in this inherently dangerous sport.
1. DEFINITIONS AND GENERAL PROVISIONS
1.1 These general terms and conditions (hereinafter referred to as the “GTC”) of ClimbLife s.r.o., Company ID: 19549326, with its registered office at Chudenická 1059/30, Hostivař, 102 00 Prague, File No.: C 201285, registered with the Municipal Court in Prague (hereinafter referred to as the “Operator”), govern the rights and obligations of the Operator and Users when using:
• web systems running on the domain climblife.cz, climblife.eu, and climblife.app (hereinafter referred to as the “Server”); and
• ClimbLife mobile applications available in Google Play and the Apple App Store (hereinafter referred to as the “App”).
Whenever these GTC refer to the System, it refers to the Server and/or App. A User who downloads and installs the System on a mobile phone or other device running the iOS or Android operating system or uses the System agrees to these GTC.
The purpose of the System is to provide a tool for managing climbing routes, boulders, and competitions. The system is also intended to provide climbers with a tool for recording climbing performances and competing.
The User is obliged to follow these Terms, the conditions of the store from which the System is downloaded or used, good morals, and the valid legal regulations of the Czech Republic.
The Operator allows the User to use the System based on an agreement concluded following these GTC (hereinafter referred to as the “Agreement”). The provisions of these GTC form an integral part of the Agreement from the moment of its conclusion. Deviating provisions from the GTC can be individually negotiated in writing. Deviating provisions in the Agreement take precedence over the provisions of these GTC.
1.2 Definitions:
“App” or “Server,” collectively referred to as the “System,” has the meaning defined in Article 1.1 of the GTC; the System is protected, particularly by the provisions of Act No. 121/2000 Coll. on Copyright, on Rights Related to Copyright, and on Amendments to Certain Acts (the Copyright Act), as amended.
“Copyright Act” refers to Act No. 121/2000 Coll. on Copyright, on Rights Related to Copyright, and on Amendments to Certain Acts (the Copyright Act), as amended;
“License” refers to a non-exclusive license to use the System under the conditions set out in these GTC.
“Visitor” refers to anyone who accesses, browses, and/or uses the System.
“Civil Code” refers to Act No. 89/2012 Coll., the Civil Code, as amended.
“Operator” or “Provider” refers to ClimbLife s.r.o., Company ID: 19549326, with its registered office at Chudenická 1059/30, Hostivař, 102 00 Prague, File No.: C 201285, registered with the Municipal Court in Prague, as the owner and provider of the System. The Operator holds copyright to the License for the System.
“Scraping” refers to the use of any automated means (such as web scraping or bots) to access, query, or otherwise generate traffic to collect information from or in connection with the System.
“Service” refers to the provision of services of the System to the Visitor based on a Service Agreement concluded through the System.
“Agreement” refers to the agreement concluded between the Visitor and/or User and/or Partner and the Provider through the System or otherwise, entitling the Visitor and/or User and/or Partner to use the System.
“User” refers to a Visitor who is a natural person and who registers in the System.
“User Interface” refers to the System interface through which the User manages their User Account.
“User Account” refers to the User’s account that enables access to and management of the User Interface and the use of System features. It includes, in particular, information, photos, and other materials that the User uploads, publishes, or otherwise shares in the System.
“GTC” refers to these general terms and conditions.
2. GENERAL CONDITIONS OF USE OF THE SYSTEM AND SERVICE
2.1. Each Visitor is obliged to follow these GTC, adhere to valid legal regulations, act honestly, and follow good morals while using the System. Visitors must always act in a way that does not damage the good name of the Operator or cause any harm to the Operator, other Visitors of the System, or other persons.
2.2 The Visitor is not entitled, in particular, to interfere with the content or technical parameters of the System, breach the security of the System, prevent other Visitors or Users from fully using the System, create false, misleading, or intentionally distorted or otherwise dishonest content, or grossly indecent content (vulgarisms, offensive comments, etc.).
2.3. The Visitor is liable for all damage or harm caused by unauthorized use of the System and/or interference with the System and its components (including source code).
2.4. The Visitor hereby agrees that we may collect and process their personal data following our Privacy Policy (GDPR).
2.5. If you encounter any content in the System that may violate the law, you can send a removal request via email to our support address [email protected].
3. BASIC RIGHTS AND OBLIGATIONS OF USERS AND THE OPERATOR
3.1 A registered and logged-in User has the right to use all functionalities of the System, in particular for creating and managing a User Account. The conditions for the duration and termination of the License (i.e., the right to use the System) are stated in the License according to these GTC.
3.2 The User is entitled to request the cancellation of their registration in the System at any time through the User Interface or the contact details of the Operator specified in these GTC. Upon cancellation of the registration, the License, i.e., the authorization to use the System, terminates.
3.3 Claims regarding defects in the use of the System should be submitted via email to [email protected] or in writing to the Provider’s address.
3.4 The following harmful and malicious behavior is prohibited when using or accessing the Service:
• Uploading prohibited or unlawful User content, including but not limited to:
• Promoting or supporting false or misleading information;
• Promoting or supporting unauthorized copying of another person’s work protected by copyright or otherwise infringing third-party trademarks, copyrights, or other legal rights;
• Displaying or linking to any unlawful, obscene, vulgar, pornographic, sexually explicit, inappropriate, defamatory, threatening, harassing, abusive, racist, discriminatory, hateful, or defamatory material;
• Engaging in, supporting, or promoting illegal activities or behavior that may lead to criminal or civil liability;
• Otherwise violating any law;
• Creating advertisements, business offers, spam, surveys, contests, links unrelated to climbing, chain letters, or pyramid schemes;
• Uploading viruses, trojan horses, worms, time bombs, or other routines or programs intended to damage, negatively affect, secretly capture, or steal any system, data, or information.
• Any harmful or unlawful behavior towards other Users, including:
• Any threatening, harassing, sexually suggestive, abusive, racist, discriminatory, defamatory, hateful, or offensive behavior;
• Collecting information about another User;
• Deleting or editing any material or information uploaded by another User of the Service and/or System;
• Sharing information about another person without their consent.
• Any harmful or unlawful behavior towards the Service and/or System and/or Operator, including:
• Allowing another person to use your username and/or nickname and/or password;
• Taking any action that imposes an unreasonable or disproportionately large load on the Service and/or System’s infrastructure;
• Attempting to decrypt, decompile, disassemble, or reverse engineer any software that forms part of or is otherwise related to the Service and/or System;
• Creating derivative works of the Service and/or System or any part thereof;
• Collecting any content from the Service and/or System;
• Accessing or attempting to access content of the Service that is not intended for you, or logging into a server or account that you are not authorized to access;
• Any harmful or unlawful behavior against third parties, such as using the Service to breach the security of a computer network or sending spam messages (including invitations sent without the recipient’s consent).
3.5 The Operator has the right, in cases of potential violations of the prohibited behavior listed above, to send warnings and information requests and cooperate with law enforcement authorities in prosecuting Users involved in such violations. The Operator is also entitled to claim damages in such cases.
3.6 In connection with the operation of the System, the Operator manages a database of Users and other databases used to provide the Service. In this context, the Operator stores, manages, and archives all data and information in the System and/or Service for potential further use within the System. By registering, the User grants the Operator and its partners unlimited, worldwide, transferable, non-exclusive, free rights and licenses for all content provided by the User to reproduce (copy), distribute, perform, display, and transmit publicly or non-publicly in connection with the Service and its marketing. This User license terminates when your account or content is deleted, except for any content that may be necessary for a specific purpose until it is no longer required.
3.7 The Operator does not participate in or otherwise enter into relationships between Users established through the System. Therefore, the Operator bears no responsibility for the content of these interactions or the obligations arising from these relationships between Users. The Operator only provides a tool for Users’ mutual electronic communication.
3.8 The Operator is not responsible for content uploaded by Users into the System.
3.9 The Operator bears no liability for any damage incurred in the provision of the Service.
3.10 The conditions for the duration and termination of the License, and consequently Sub-licenses (i.e., the right to use the System), are set forth in the License Agreement.
3.11 The Provider is entitled to expand or modify the functionalities of the System, introduce new software modules, deploy new versions of the application, etc., as part of the development, maintenance, or repair of the System.
3.12 The Provider will make reasonable efforts to ensure the full functionality of the System. However, you acknowledge that the System may be unavailable at certain times, for example, due to maintenance, software updates, or force majeure. You acknowledge that the Provider cannot guarantee uninterrupted availability of the System, nor can the Provider guarantee that the transmission of any information through the telecommunications networks you use will be secure or that you will have access to the System at all times.
4. REGISTRATION
By registering as a User, you gain access to and permission to use the Service’s content, including most of its features. The Service allows Users to, for example:
• Search, browse, and share profiles of individual climbing routes;
• Rate and comment on routes;
• Share opinions on the difficulty level;
• Interact with other climbers, i.e., Users.
4.1 Prerequisites and Requirements
Only natural persons can register as Users.
Persons under the age of 13 are not authorized to use the System. If you are 13 years or older but not of legal age (with full legal capacity to enter into contracts) in your country, you will need the consent of your parents or legal guardians to use the System and complete registration.
Upon registration, every User is required to provide true and accurate information in the Registration form’s mandatory fields. In the event of any subsequent changes, the User must promptly update the information through their User Account. Users are not authorized to create a User Account without the Provider’s consent.
Users may request the cancellation of their registration in the System at any time through the User Interface or the contact details of the Operator specified in these GTC. Upon cancellation of the registration, the License, i.e., the authorization to use the System, terminates.
The Operator is entitled at any time, even without prior notice, to block a User Account if the User significantly violates their obligations under legal regulations or these GTC, or if there is any other serious reason. Blocking the User Account does not affect the fulfillment of any obligations arising from the User’s use of the System.
When registering, the User accepts the wording of these GTC and grants the Provider consent to the processing of personal data (GDPR). Registration cannot be completed without these confirmations or consent.
The Operator bears no responsibility for any damages if the User provides incorrect or inaccurate data or fails to update the information.
Users and the Operator agree that any data uploaded by Users into the System’s database become part of the Operator’s database without Users obtaining any rights to the System database through their actions as described in this paragraph.
4.2 Username and Nickname
Your username is your email address, and its purpose is to identify you when interacting with the Service.
Your nickname is used for posting public comments within the content of the Service. It is publicly visible, but other Users never see it in connection with your email address.
Your nickname must not be misleading or inappropriate. The Provider reserves the right to remove or deny registration of any nickname that is inappropriate, misleading, or violates good morals (e.g., a trademark name or an official title used without mandate or authorization).
4.3 Password and Security
The System uses a password to access the Service and manage the User Account.
You must inform us immediately if you learn of any loss or theft of your email address and associated identity or of any unauthorized use of your User Account. In such cases, the Provider may require additional security measures from the User at its discretion.
If someone gains unauthorized access to the Service due to your actions or omissions, the User agrees to cooperate with the Operator to identify the source and method of the unauthorized access and notify the Operator accordingly.
5. OWNERSHIP AND LICENSING – LICENSE
5.1 You acknowledge that the System, its content, or parts or elements thereof may be protected as copyrighted works under the Copyright Act. The Service’s content may also include content, programs, or components from third parties, falling under creative commons or open-source licenses, and is licensed under separate terms.
5.2 You acknowledge and agree that the System’s content is subject to intellectual property rights protection. In the event of a violation of intellectual property rights related to the System, you are fully responsible for any damage caused.
5.3 The Provider is the holder of licenses related to the System. The System may not be stored, modified, distributed, or otherwise used in any way that infringes the property rights without the written consent of the Operator. This provision does not apply to outputs provided to you based on the information entered.
5.2 By completing the registration, the Operator grants the User a limited, non-exclusive, and free right to use the System and its content (hereinafter referred to as the “License”) in the form in which the System is currently available on the web or the respective mobile application marketplace. The License is granted for the duration of the Agreement, for use solely in accordance with the System’s intended purpose, for personal use only, and to the corresponding extent and manner. The License is granted without territorial limitations. The License does not include:
• The right to reproduce the work;
• The right to distribute the work or its reproductions;
• The right to rent (grant sublicenses) the work or its reproductions;
• The right to lend the work or its reproductions;
• The right to exhibit the work or its reproductions;
• The right to communicate the work to the public.
5.3 Furthermore, you acknowledge that no authorization is granted to you in connection with the Provider’s trademarks. The Provider’s trademarks may not be altered or used in any unauthorized way.
6. OPERATOR’S RIGHTS, WARRANTIES, AND LIABILITY
6.1 The Operator is the holder of all rights, especially property rights under the Copyright Act, to the System and all its components, with the exception of texts or content uploaded by Users or on their behalf, as copyrighted works, including graphics, multimedia content, source codes of software applications that form part of the System, as well as the overall concept and idea of the System and all its components. The use of any part of the System (especially its graphic form, multimedia content, source code, etc.) is only possible with the Operator’s explicit consent. In the event of unauthorized use of any part of the System without the Operator’s consent, the Operator is entitled to use all available means to protect its rights and legitimate interests in accordance with the law, especially the right to seek an injunction to prevent further copyright infringement and to remove any violations, the right to claim damages, and the right to demand the return of unjust enrichment. In the case of unauthorized exploitation of the Operator’s ideas implemented through the System or other unauthorized actions against the Operator’s interests, the Operator is entitled to use all legal remedies under the Copyright Act and the Civil Code, including the right to seek a cease-and-desist order or remedy and potentially demand appropriate compensation, damages, and the return of unjust enrichment.
6.2 If a User uploads any materials into the System that are copyrighted works under the Copyright Act, the User grants the Operator a free license to use such copyrighted works for the purposes specified in the License Agreement, especially for their publication in the System. The User is entitled to upload such materials to the System only if they are the author or have the author’s consent to upload the materials into the System.
6.3 If a User uploads any materials into the System containing information, images, goods, or other values protected by personality rights and/or data protection laws, especially photographs of individuals or materials allowing the identification of individuals, the User guarantees the Operator that they have obtained the necessary consents from the concerned individuals for such publication.
6.4 The Operator is not responsible for the timeliness, accuracy, or factual correctness of information published in the System. The Operator reserves the right to partially or fully limit the functionality of the System or change the content of information published in the System at any time without prior notice. The Operator is not liable to Users for any damage that may arise from such actions.
6.5 The Operator is not responsible for any part of the System’s content created by Users, including but not limited to the content of User profiles, or for any advertising or other promotion placed in the System by third parties, nor for the truthfulness, timeliness, and accuracy of the published data. However, the Operator is responsible for the content of information stored by Users in the System if, given the subject of its activities and the circumstances and nature of the case, the Operator could have known that the content stored or the User’s actions were unlawful, or if the Operator became demonstrably aware of the illegal nature of the stored content or the User’s actions and did not promptly take all reasonable steps to remove or disable access to such content. The Operator is not obligated to check compliance with legal, contractual, or other obligations imposed on Users.
6.6 Users bear full responsibility for the truthfulness, timeliness, and accuracy of the information presented, as well as for their right to publish such content through the System.
6.7 The Operator is entitled to monitor and store any information regarding the use of the System that can uniquely identify the User Account.
6.8 The Operator reserves the right to remove any part of the System’s content, especially any User profile, that violates the legal order of the Czech Republic, good morals, or otherwise threatens public order, or whose content does not correspond to the principles or legitimate interests of the Operator. This includes content that is misleading or false, constitutes spam, is unrelated to the System’s focus, or exhibits signs of discrimination against any person or group or other generally objectionable behavior or attitudes.
6.9 The Operator is entitled to monitor compliance with the GTC and require Users to immediately correct any discrepancies, especially by modifying or deleting any information that violates these GTC.
6.10 The Operator makes no warranties regarding the System’s ability to meet your functionality requirements. The Provider is not liable to you for any direct, indirect, incidental, or consequential damages arising, in particular, from:
(i) the use or inability to use the System due to technical failure or other interruptions or limitations in the Service’s availability;
(ii) the information provided to you through the System;
(iii) the content and accuracy of data and information entered by you into the System;
(iv) malfunctions caused by computer viruses or other malicious software.
6.11 You acknowledge that the System may not be error-free. The Provider does not guarantee the accuracy, correctness, or completeness of the information provided to you through the System.
7. INFORMATION FOR USERS – CONSUMERS
This article of the GTC is effective only for Users who are consumers. The Operator hereby informs Users who are consumers of the following:
• Identity of the Operator: ClimbLife s.r.o., Company ID: 19549326, with its registered office at Chudenická 1059/30, Hostivař, 102 00 Prague, File No.: C 201285, registered with the Municipal Court in Prague.
• Operator’s contact details: The address for delivering written correspondence to the Operator is the same as the registered office address mentioned above. The address for sending electronic mail is [email protected].
• Service designation: The Operator operates the System running on the domain climblife.cz, climblife.eu, and climblife.app (hereinafter referred to as the “Server”) and the ClimbLife mobile applications available in Google Play and Apple App Store (hereinafter referred to as the “App”). The purpose of the System is to provide a tool for the management of climbing routes, boulders, and competitions. The system is also intended to provide climbers with a tool for recording climbing performances and competing.
• Export restrictions: No export restrictions apply based on the nature of the services.
• Service price: The price of Licenses or Sub-licenses (if charged), including payment terms, is provided in the System or these GTC.
• Payment method: The method of payment for granting Licenses or Sub-licenses (if charged) is specified directly in the System.
• Costs of providing the service: Users do not incur any costs (taxes, fees, etc.) related to the use of the System, except for the cost of operating remote communication tools.
• Defects and claims: Please report any defects related to the use of the Server and/or App to [email protected].
• Contract duration: Users are entitled to use the System at least for the duration of the License. Users can request the cancellation of their registration in the System at any time through the User Interface or the contact details of the Operator specified in these GTC. Upon cancellation of the registration, the License, i.e., the authorization to use the System, terminates.
• Technical requirements: Using the System requires access to the Internet and a compatible internet browser or operating system device.
• Communication costs: Costs incurred by Users when using remote communication tools in connection with the use of the System (especially internet connection costs, email, and phone calls) are borne and paid by the Users. No costs arise to Users for using remote communication tools with respect to the Operator.
• Right of withdrawal: Users have the right to withdraw from the License Agreement without giving a reason and without any penalty within 14 days of receiving the performance. Performance refers to the provision of the License, i.e., the right to use the System to the extent agreed in these GTC. To meet the withdrawal deadline, it is enough to send the withdrawal notice before the expiry of the respective period. You can inform us of your withdrawal in any way, but we recommend sending a message to our contact email or ending the Service through the User Account. Please note that if you explicitly request to start using the System and pay the License fee (if the License is charged) before the 14-day withdrawal period expires, you lose the right to withdraw from the agreement under §§ 1823 and 1837(a) of the Civil Code.
• Alternative Dispute Resolution: If you are a consumer and a dispute arises between us that cannot be resolved directly, you have the right to contact the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: [email protected]; telephone: +420 296 366 360) for alternative dispute resolution. You must apply for this right no later than one year from the date you first exercised your right that is the subject of the consumer dispute with us.
• Complaint submission: For filing a complaint regarding the services provided by the Operator and for finding an alternative dispute resolution entity, you may also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
8. FINAL PROVISIONS
8.1. During the operation of the System, circumstances may arise that necessitate reasonable changes to these GTC. The Operator is entitled to amend the GTC to the necessary extent. The Operator must promptly inform Users of any changes to the GTC through the System’s User Interface and/or by sending an email to the address provided by the User. The User is entitled to reject any changes to the GTC, which they must notify the Operator of through the User Interface and/or via email, no later than 14 days after receiving the change notification. If the User does not notify the Operator of their disagreement within the specified period, it is assumed that the User agrees with the new GTC. In case of rejection of the GTC changes, the User must immediately cease using the System. In such a case, the Operator will cancel the User’s registration in the System. This provision does not affect any rights or obligations that arose before the change to the GTC.
8.2. The rights and obligations of the Operator and Users concerning the System and/or arising from the use of the System not regulated by these GTC are governed by the legal order of the Czech Republic, especially the Civil Code.
8.3. Any disputes arising in connection with the use of the System and these GTC will be resolved exclusively under the law of the Czech Republic (excluding conflict of laws rules) and before the competent courts of the Czech Republic.
These GTC are valid and effective as of February 15, 2024.