Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Kiva ("we," "us," or "our"). By downloading, installing, or using the Kiva mobile application and its associated services (the "Service"), you agree to be bound by these Terms.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Your continued use of the Service after the posting of any changes to the Terms signifies your acceptance of those changes. If you do not agree to the new terms, you are no longer authorized to use the Service.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Eligibility and Age Restrictions
Kiva is strictly for users who are at least 18 years of age. By using the Service, you represent and warrant that you are 18 years of age or older and have the full capacity to enter into this agreement.
Any use of or access to the Service by anyone under 18 is unauthorized and in violation of these Terms. We do not knowingly collect or solicit information from anyone under the age of 18.
2.3 CSAE Zero-Tolerance. Kiva maintains a zero-tolerance policy regarding Child Sexual Abuse Material (CSAM) and any content that promotes Child Sexual Abuse and Exploitation (CSAE).
Any user found uploading, sharing, or soliciting CSAE will be immediately and permanently banned. We will preserve all relevant data and report such incidents to the National Center for Missing and Exploited Children (NCMEC) and relevant international law enforcement agencies.
We reserve the right to terminate any account immediately if we have reason to believe the user is under the age of 18 or has engaged in predatory behavior toward minors.
Account Registration and Security
To access certain features of the climbing community, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols).
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at kiva.love@service.
You are solely responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees, or a third party (including your contractors or agents).
License to Use the Service
Subject to your compliance with these Terms, Kiva grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the software provided to you as part of the Service.
You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
All rights, title, and interest in and to the Service (excluding content provided by users) are and will remain the exclusive property of Kiva and its licensors.
Our Service may automatically download and install upgrades, updates, or new features. You may be able to adjust these settings through your device's operating system.
User-Generated Content (UGC) and License
You retain all ownership rights to the text, photos, videos, climbing logs, and "beta" (climbing sequences) that you post to Kiva. However, by submitting UGC, you represent that you have the right to grant the license below.
By posting UGC on Kiva, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, and distribute such content for the purposes of operating, developing, and promoting the Service.
You understand that once content is shared publicly within the Kiva community (such as route ratings or crag photos), it may be viewed and shared by other users. We are not responsible for how other users utilize your public content.
5.4 Accuracy of Climbing Data. Users often rely on UGC for route descriptions and safety info. You agree to provide the most accurate information possible and acknowledge that providing intentionally misleading or dangerous climbing information is a material breach of these Terms.
Copyright Policy and Intellectual Property
Kiva respects the intellectual property of others and expects users to do the same. You may not post content that infringes on any patent, trademark, trade secret, or copyright.
In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged infringement. If you believe your work has been copied in a way that constitutes copyright infringement, please contact our designated agent at kiva.love@service.
We reserve the right, without notice and at our sole discretion, to terminate the accounts of users who are deemed to be repeat infringers of third-party intellectual property.
Physical Safety and Assumption of Risk
7.1 Inherent Risk Warning. CLIMBING IS AN INHERENTLY DANGEROUS ACTIVITY. By using Kiva, you acknowledge that indoor and outdoor climbing, bouldering, and mountaineering involve significant risks of personal injury, paralysis, or death.
Kiva is a community platform and a database; it is NOT a substitute for professional instruction, certified guides, or formal safety training. Any "beta," route difficulty ratings (grades), or safety information provided by users are subjective and may be inaccurate or outdated.
You are solely responsible for your own safety, the inspection of your equipment, and the verification of route conditions (e.g., rock quality, bolt integrity, weather). You assume all risks associated with using the information found on the Service.
To the maximum extent permitted by law, Kiva, its affiliates, and its employees shall not be liable for any physical injury, property damage, or death occurring during climbing activities, regardless of whether the information used was obtained via the Service.
Prohibited Conduct and Community Standards
You may not engage in bullying, stalking, or harassment of other climbers. Respect local crag etiquette and environmental regulations through your digital interactions.
You may not use Kiva for unauthorized commercial purposes, such as selling climbing gear or promoting commercial guide services, without our express written consent.
You are prohibited from using automated systems (robots, spiders, or scrapers) to extract climbing data or user profiles from Kiva for any purpose.
You may not attempt to circumvent any security features, introduce viruses, or interfere with the proper working of the app's infrastructure.
Virtual Goods and In-App Purchases
Kiva may offer virtual items, such as "Chalk Points," digital badges, or specialized route maps ("Virtual Goods"). These items are licensed to you, not sold. You have no property interest, right, or title in any Virtual Goods appearing or originating in the Service.
All purchases of Virtual Goods or premium features are processed through the respective App Store (Apple App Store or Google Play Store). By initiating a purchase, you authorize the platform to charge your designated payment method.
Virtual Goods may not be transferred, traded, or sold for "real world" money or value outside of the Service. Any attempt to do so is a violation of these Terms and will result in the immediate termination of your account.
Kiva reserves the right to modify the pricing, availability, and utility of Virtual Goods at any time without prior notice.
Subscription Services and Billing
Kiva may offer subscription-based services (e.g., "Kiva Pro") that provide enhanced features like offline maps or advanced performance analytics.
Subscriptions are typically billed on a recurring basis (monthly or annually). Unless you turn off auto-renew in your App Store account settings at least 24 hours before the end of the current period, your subscription will automatically renew.
If we offer a free trial, you will be billed the standard subscription fee at the end of the trial period unless you cancel within the specified timeframe.
We may change subscription rates. Any price changes will take effect at the start of the next subscription period following notice to you.
Refund Policy and Disputes
Except as required by applicable law or the specific policies of the App Store/Google Play, all purchases are final and non-refundable.
Since payments are handled by third-party app stores, you must request refunds directly through Apple or Google support. Kiva does not have the technical ability to issue refunds directly for transactions processed through these stores.
If you believe you have been billed in error by Kiva (for non-app store transactions, if applicable), you must notify us at kiva.love@service within 30 days of the transaction date.
At our sole discretion, we may offer credits or extensions to your subscription in lieu of a refund in specific circumstances, such as prolonged service outages.
Account Termination and Suspension
You may stop using the Service and delete your account at any time through the in-app settings.
We reserve the right to suspend or terminate your access to Kiva immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service will cease immediately. Any Virtual Goods or unused subscription time remaining in your account will be forfeited and are non-refundable.
Provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
13.1 "As Is" Basis. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Kiva makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included therein.
We do not warrant that the route descriptions, GPS coordinates, weather data, or difficulty grades provided by the community are accurate, reliable, or safe to follow.
We do not guarantee that the Service will be uninterrupted, secure, or free from errors, viruses, or other harmful components. Use of the Service is at your own risk.
Limitation of Liability
To the maximum extent permitted by applicable law, Kiva, its directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, or other intangible losses.
14.2 Physical Injury and Death. Under no circumstances shall Kiva be held liable for any personal injury, disability, or death resulting from your use of the Service or reliance on any information found on the platform, whether arising from outdoor climbing, gym climbing, or any other physical activity.
In no event shall Kiva's total liability to you for all claims exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Kiva and its licensees and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) resulting from:
- Your use and access of the Service
- Your violation of any term of these Terms
- Your User-Generated Content (UGC) that causes damage to a third party
- Your violation of any third-party rights, including copyright or privacy rights
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the jurisdiction where Kiva is incorporated, without regard to its conflict of law provisions.
If you access the Service from outside the primary jurisdiction, you are responsible for compliance with all local laws and regulations regarding online conduct and acceptable content.
Any dispute arising from these Terms shall first be attempted to be resolved through informal negotiations via kiva.love@service. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts located within our primary place of business.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Kiva regarding the Service and supersede any prior agreements we might have had between us regarding the Service.
Contact Information
If you have any questions about these Terms, please contact us at: kiva.love@service
Any feedback you provide regarding the Service shall be deemed non-confidential, and Kiva shall be free to use such information on an unrestricted basis.