OnSet Operations LLC

Terms of Service

Effective Date: August 18, 2026

Last Updated: August 4, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the OnSet platform and all related software, applications, tools, content, and services provided by OnSet Operations LLC ("OnSet," "we," "our," or "us") (collectively, the "Services").

By doing any of the following, you agree to be bound by these Terms:

Accessing or using the Services
Creating an account
Clicking "I agree," "Accept," or a similar button
Executing an order form, subscription agreement, or other document that references these Terms
Otherwise using or accessing any part of the Services

If you are using the Services on behalf of an Organization, you represent and warrant that you have full legal authority to bind that Organization to these Terms and that the Organization agrees to be bound. In that case, "you" and "your" in these Terms refer both to you as an individual and to the Organization.

If you do not agree to these Terms, you must not use the Services.

2. Services

OnSet provides software-as-a-service and related services designed to support climbing gym operations, including but not limited to:

Web applications for facility management and administration
Staff and route-setting mobile applications
Customer-facing mobile applications for climbers and members
Route lifecycle management tools
Scheduling, assignment, and workflow tools
Analytics, reporting, and benchmarking features
Push notifications and communications infrastructure
APIs, webhooks, and third-party integrations
Future products, features, and services that OnSet may offer

Except as provided in Section 10 for Customer Users, the Services are provided on a subscription basis. Not all features are available on all subscription plans. OnSet reserves the right to modify, update, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Beta Features

OnSet may make certain features available on a preview, beta, pilot, early access, or evaluation basis ("Beta Features").

Beta Features may contain errors, may be modified or discontinued at any time, and are provided without any warranty of any kind.

OnSet may suspend, modify, or remove Beta Features at any time without liability.

4. Definitions

"Agreement" means these Terms together with any applicable Order Form, Data Processing Agreement, or other written agreement between OnSet and an Organization.
"Authorized User" means any individual who accesses or uses the Services under an Organization's account, including Staff Users and Customer Users. A Customer User is also a party to these Terms in their own right, as described in Section 10.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential.
"Customer User" means a climber, member, guest, or other individual who registers an Onset Climb account or otherwise accesses customer-facing features, whether or not they are connected to a participating Facility. "Member User" has the same meaning where used in OnSet's Privacy Policy.
"Onset Climb" means OnSet's customer-facing mobile application for climbers and gym members.
"Documentation" means any written or electronic materials provided by OnSet describing the features and functionality of the Services.
"Facility" means a physical climbing gym, bouldering gym, training facility, or operational location managed by an Organization and registered with OnSet.
"Fees" means all amounts owed by an Organization for access to the Services as set forth in an Order Form or as published on OnSet's website.
"Order Form" means an ordering document, subscription confirmation, or similar agreement specifying the Services to be provided and the applicable Fees.
"Organization" means a company, limited liability company, partnership, sole proprietorship, gym operator, management group, franchise operator, or other legal entity that subscribes to the Services.
"Organization Data" means all data, content, records, and information submitted, created, uploaded, or otherwise provided by an Organization or its Authorized Users through the Services.
"Staff User" means an employee, independent contractor, manager, route setter, administrator, coach, or other individual granted access through an Organization account.
"Subscription Term" means the period during which an Organization has an active, paid subscription to the Services.
"User Content" means text, images, photos, videos, comments, data, or other materials submitted by any user through the Services.

5. Eligibility

General Eligibility

Except as provided below for Onset Climb, to use the Services you must:

Be at least 18 years of age, or the age of majority in your jurisdiction if higher
Be legally capable of entering into a binding contract
Not be prohibited from receiving the Services under applicable law, including applicable export controls and sanctions regimes

The OnSet web application and the OnSet staff mobile application are intended solely for use by adults acting in a professional capacity. No person under 18 may register for or use those applications.

Onset Climb (Customer Users)

The Onset Climb member mobile application is available to individuals who are at least 13 years of age. Additional conditions apply by age:

Under 13. You may not create an account or use Onset Climb. OnSet does not knowingly collect personal information from children under 13. If we learn that a child under 13 has created an account, we will delete the account and the associated data promptly.
13 through 17 (or under the age of majority in your jurisdiction). You may use Onset Climb only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By creating an account, you represent that a parent or legal guardian has done so. A parent or legal guardian who agrees to these Terms on behalf of a minor accepts these Terms in their own capacity, is responsible for the minor's use of Onset Climb, and may contact OnSet at any time to review, correct, or delete the minor's account and data.
EEA, UK, and other jurisdictions with a higher digital-consent age. Where applicable law sets a higher minimum age for consent to information-society services (16 in many jurisdictions), that higher age applies in place of 13, unless a parent or legal guardian provides or authorizes the required consent.

Your Representation About Age

OnSet does not collect a date of birth and does not verify any user's age. By creating an Onset Climb account and accepting these Terms, you represent that you meet the applicable minimum age above, and, if you are under 18, that a parent or legal guardian has agreed to these Terms on your behalf. OnSet relies on that representation. Creating an account when you do not meet the minimum age is a violation of these Terms and grounds for immediate termination.

If you are a parent or legal guardian and believe your child has created an account without your agreement, contact billy@onsetops.com and we will delete the account.

You may not use the Services if:

Your use would violate any applicable federal, state, local, or international law or regulation
You have been previously suspended or terminated by OnSet and not reinstated
You are a resident of or located in a jurisdiction subject to applicable trade sanctions or embargoes

By using the Services, you represent and warrant that you meet all eligibility requirements.

6. Export Compliance

You agree not to use, export, re-export, transfer, or make available the Services in violation of applicable export control, sanctions, or trade laws.

7. Accounts

To access most features of the Services, you must register an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated.

You are responsible for:

Maintaining the confidentiality of your login credentials
Restricting access to your account and devices
All activity that occurs under your account, whether or not authorized by you
Promptly notifying OnSet of any unauthorized access at billy@onsetops.com

OnSet will not be liable for any loss or damage resulting from unauthorized access to your account arising from your failure to safeguard your credentials. Organizations are responsible for all activity under their account and the accounts of their Authorized Users. OnSet may suspend any account that presents security, legal, fraud, or operational concerns.

8. Subscription Plans and Billing

Subscriptions are structured on a per-Facility basis unless otherwise specified in an Order Form. An Organization may maintain subscriptions for one or more Facilities under a single account.

Fees are billed in advance on a monthly basis unless otherwise stated in an Order Form. Payment is due on the first day of each billing cycle. OnSet reserves the right to change Fees upon reasonable advance notice. Continued use of the Services after a Fee change takes effect constitutes acceptance of the new Fees.

Fees do not include applicable sales tax, VAT, GST, use tax, or other governmental charges. Organizations are solely responsible for all such taxes and charges.

All Fees are non-refundable except where explicitly required by applicable law. If an Organization cancels mid-cycle, the subscription remains active through the end of the current billing period and no partial refund is issued.

Failure to pay Fees when due may result in suspension of access to the Services. If an Organization disputes a charge, it must notify OnSet in writing within 30 days of the charge appearing on a billing statement. Failure to dispute within this period constitutes acceptance of the charge.

9. Organization Responsibilities

Organizations are solely responsible for:

Managing Authorized User permissions, roles, and access levels
All operational, scheduling, and staffing decisions
Route-setting decisions, route quality, and route grades
Budgeting, resource allocation, and financial decisions
Safety procedures, inspections, maintenance programs, and risk management
Compliance with all applicable local, state, federal, and international laws and regulations

Organizations are responsible for ensuring that all Authorized Users they provision comply with these Terms and must promptly remove access for any user who is no longer authorized or who violates these Terms. Organizations are responsible for the accuracy, quality, and legality of Organization Data.

Member Reports and Moderation

Where an Organization enables Customer User access, the Organization is responsible for reviewing reports of member conduct occurring at its Facilities that are routed to it through the Services, as described in Section 13. Specifically, the Organization must:

Maintain a reviewer. Designate and keep at least one Authorized User with the moderation capability enabled, and ensure that person is able to receive and act on reports.
Review promptly. Review reports as promptly as is reasonably practicable, prioritizing those involving the safety of any person.
Escalate what is not theirs to decide. Refer a report to OnSet where it concerns threats of violence, the safety of a minor, illegal content, or the conduct of the Organization's own personnel. Every report is routed to the Facility first.
Keep reports confidential. Use reports solely for reviewing the conduct they describe. Reports are provided without the reporting member's identity, and the Organization must not attempt to determine or disclose who filed a report, retaliate against any member for filing one, or use report content for marketing, employment, or any unrelated purpose.
Record decisions. Record the basis for each moderation decision through the Services.

The Organization is solely responsible for its moderation decisions and for any action it takes against a member at its Facilities, including restricting access to its premises or member community. OnSet does not direct, review for correctness, or assume responsibility for those decisions.

Nothing in this Section limits OnSet's reserved discretion in Section 13. OnSet may review, reopen, reassign, or act on any report at any time, and may withdraw a report from an Organization's review, including where OnSet considers the Organization's review to be affected by a conflict of interest, unreasonably delayed, or inconsistent with these Terms. OnSet reserves that right but does not assume an obligation to exercise it, and an Organization's failure to review reports does not transfer its responsibility under this Section to OnSet.

Persistent failure to meet the responsibilities in this Section is a material breach of these Terms.

10. Customer User Access

Direct Agreement with OnSet

A Customer User who registers an Onset Climb account enters into these Terms directly with OnSet, in their own capacity, as a condition of creating and keeping that account. Acceptance is recorded when you check the acceptance box at registration and each time you accept an updated version of these Terms in the application.

This direct agreement exists in addition to — and is not replaced or limited by — any relationship you have with a Facility. Your membership, waiver, or other agreement with a Facility governs your use of that Facility; these Terms govern your use of Onset Climb.

No Fee to Customer Users

OnSet does not charge Customer Users any fee for Onset Climb. Access to Onset Climb is not conditioned on a subscription held by you, and the subscription terms in Section 8 apply to Organizations only. Application-store purchases, if OnSet ever offers them, are addressed in Section 34.

Facility-Mediated Features

Certain features of Onset Climb are supplied and controlled by a participating Facility and are available to you only while that Facility has enabled customer-facing functionality and you are connected to it. Each Facility determines which features are enabled, restricted, or disabled. OnSet does not guarantee that any particular feature will be available at any Facility, or that any Facility will continue to participate in or subscribe to the Services. If a Facility's subscription ends, Customer Users associated with that Facility may lose access to Facility-specific features and content.

Facility Restrictions

A Facility may restrict, suspend, or remove a Customer User's access to that Facility's content and features within Onset Climb at the Facility's sole discretion. OnSet applies such restrictions as the Facility's service provider and does not review, approve, or adjudicate them. Any question, objection, or appeal regarding a restriction must be directed to the Facility. OnSet is not liable for a Facility's decision to restrict your access or for its consequences. A restriction affects your access to that Facility only; it does not delete your account or your climb history.

Member Disputes

Disputes between Customer Users and Facilities are solely between those parties. OnSet is not a party to any such dispute.

Facility Visibility of Your Activity

You acknowledge that a Facility you are connected to can see the activity you record at that Facility — including your account name and email address, your logged climbs, and your session history — through the Facility's own administrative tools. The community visibility setting in Onset Climb controls what other members see; it does not restrict what the Facility sees. See the Privacy Policy for detail.

11. Data Ownership

Organizations retain all right, title, and interest in and to Organization Data. OnSet does not claim ownership of Organization Data. Individual users retain ownership of personal content they submit, subject to the license granted in Section 13.

OnSet retains all right, title, and interest in and to the Services, including:

Software and source code
Trademarks, service marks, trade names, and branding
Platform design, user interface, and user experience elements
Algorithms, methodologies, and analytical frameworks
Documentation and training materials
All other intellectual property associated with or embodied in the Services

OnSet may collect, derive, and use aggregated and anonymized information derived from Organization Data and user activity — information that cannot identify any individual or Organization — for analytics, benchmarking, product improvement, research, and business reporting. This aggregated data is owned by OnSet and does not constitute Organization Data.

12. Data Backup and Recovery

Organizations are responsible for maintaining backups of any information they consider critical.

While OnSet may maintain backups for operational and disaster recovery purposes, OnSet does not guarantee the availability, recovery, or restoration of any specific data.

Organizations should independently export and retain copies of important records.

13. User Content

Users are solely responsible for all User Content they submit through the Services. By submitting User Content, you represent and warrant that you own or have all necessary rights to submit the content and that it does not violate any applicable law or these Terms.

By submitting User Content, you grant OnSet a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, display, reproduce, modify, adapt, and distribute such content solely as necessary to operate, maintain, improve, and provide the Services.

OnSet reserves the right to remove or disable access to any User Content that, in OnSet's reasonable judgment, violates applicable law, these Terms, or OnSet's platform policies.

Objectionable Content — Zero Tolerance

OnSet does not tolerate User Content that is obscene, pornographic, hateful, harassing, threatening, defamatory, or that depicts or promotes violence, self-harm, or illegal activity, and does not tolerate abusive behavior toward other users ("Objectionable Content"). This applies to all User Content, including display names and profile photos.

Within Onset Climb, OnSet provides Customer Users with:

A way to report Objectionable Content or abusive behavior by another member, available directly from the community feature where the content appears
A way to block another member, which immediately hides that member's identity from your view of community features and hides you from theirs

Who Reviews What

Responsibility for reports is divided according to what is being reported.

Facilities are responsible for reviewing reports concerning member conduct occurring at their Facility — including harassment, unsafe behavior, disputes between members, and conduct governed by that Facility's own rules. A Facility's staff were there, know the people involved, and hold the remedies that matter for in-person conduct, including restricting your access to that Facility's premises or member community. Facility staff may resolve such a report by recording a warning, restricting the reported member's participation at that Facility, or dismissing the report.

OnSet is responsible for the platform itself — accounts, User Content, account integrity, and platform abuse. This includes display names and profile photos, impersonation and fake accounts, fraud, and illegal material. A display name and photo appear at every Facility a member visits, so these are not a single Facility's decision to make. Facility staff may not reset another member's display name, remove their profile photo, or suspend their Onset account; those remain with OnSet.

OnSet will remove Objectionable Content from the Services and may suspend or terminate the accounts of repeat or serious offenders.

Facility staff must refer a report to OnSet where it concerns threats of violence, the safety of a minor, illegal content, or the conduct of Facility staff themselves. OnSet routes reports about Facility staff to itself automatically.

OnSet's Reserved Discretion

OnSet reserves the right, but does not assume the obligation, to review, reopen, reassign, or act on any report at any time — regardless of which Facility received it or how that Facility resolved it — where OnSet considers it necessary or appropriate for platform integrity, safety, legal compliance, or the enforcement of these Terms. OnSet may do so, for example, where a report concerns a person whose relationship to a Facility could affect an impartial review, where a Facility has not acted, or where a Facility's resolution appears inconsistent with these Terms.

OnSet does not undertake to investigate, verify, or resolve reports of conduct occurring at a Facility, and is not a party to disputes between members or between a member and a Facility. Nothing in this Section obliges OnSet to intervene in any particular case, and OnSet's decision to act on one report does not oblige it to act on another.

You may bring any report directly to OnSet at billy@onsetops.com, including one you have already filed in the app, and including where you would rather your Facility not review it.

Response Times

OnSet and Facilities review reports as promptly as is reasonably practicable, and prioritize reports involving safety. Review times vary with the nature of a report and what is required to look into it, and OnSet does not guarantee that any report will be reviewed or resolved within a particular period.

Confidentiality of Reports

OnSet does not routinely disclose your identity as a reporter. In the ordinary course, the member you reported is not told who reported them, and where a Facility reviews a report its staff receive the reason and your description without your name attached.

This confidentiality is not absolute. OnSet may disclose your identity as a reporter where:

disclosure is required by law, legal process, or a governmental or regulatory authority;
OnSet reasonably believes disclosure is necessary to address a risk of harm to any person;
your identity is necessary to the fair investigation or resolution of the report, or to a person's ability to respond to a serious allegation, and OnSet considers disclosure appropriate; or
your own conduct in connection with the report is itself under review.

You should also be aware that the description you write is shared with whoever reviews the report, and that a description containing details about yourself may identify you even though your name is withheld. If your identity is sensitive, consider contacting OnSet directly rather than describing identifying circumstances in a report.

OnSet retains reports after they are resolved so that repeated conduct by the same member remains visible across separate reports. OnSet does not ordinarily disclose to a reporter what enforcement action, if any, was taken against another member.

Misuse of Reporting

Reporting in good faith is always permitted, and a report is not misuse merely because it is not substantiated. Many reports cannot be verified, and a decision not to act on a report is not a finding that the reporter did anything wrong.

What is prohibited is filing a report you know to be false, or filing reports to harass, intimidate, or retaliate against another member. Only that conduct may result in restriction or termination of your account.

Copyright Complaints (DMCA)

OnSet respects the intellectual property rights of others and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

If you believe User Content on the Services infringes your copyright, send a written notice to OnSet's designated agent containing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf.

Designated Copyright Agent
OnSet Operations LLC, Attn: DMCA Agent
3817 Evanston Ave N, Seattle, WA 98103
dmca@onsetops.com

If your content was removed and you believe the removal was mistaken, you may submit a counter-notice to the same agent containing the elements required by 17 U.S.C. § 512(g)(3). OnSet will terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

14. Acceptable Use

You agree not to use the Services to:

Violate any applicable law, regulation, or third-party right
Infringe the intellectual property rights of OnSet or any third party
Upload, transmit, or distribute malware, viruses, or other harmful code
Interfere with or disrupt the operation, security, or integrity of the Services
Attempt to gain unauthorized access to any part of the Services or other accounts
Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent expressly permitted by applicable law
Scrape, crawl, or harvest data from the Services without OnSet's prior written authorization
Transmit unsolicited communications, spam, or promotional materials through the Services
Impersonate any person or entity or misrepresent your affiliation
Circumvent, disable, or interfere with security-related features of the Services

15. Analytics and Recommendations Disclaimer

The Services may generate or surface analytics, reports, recommendations, forecasts, benchmarks, performance insights, scheduling guidance, or other informational outputs (collectively, "Analytics").

Analytics are provided solely for informational purposes. Analytics do not constitute professional advice — business, financial, legal, employment, safety, or otherwise. Organizations remain solely responsible for all decisions made in connection with their operations, regardless of any Analytics provided by the Services.

OnSet does not guarantee the accuracy, completeness, timeliness, or fitness for any particular purpose of any Analytics output. Organizations should independently verify information before relying upon it for material decisions. OnSet shall not be liable for any decision made or action taken in reliance on Analytics.

16. Route Safety, Assumption of Risk, and Release

OnSet provides software tools to support operational workflows. OnSet is not a safety inspector, certifier, or consultant.

OnSet does not:

Inspect climbing facilities, equipment, holds, hardware, or structures
Inspect or evaluate climbing routes
Verify route safety, grades, or maintenance status
Certify compliance with any safety standard, industry guideline, or regulatory requirement
Provide any guarantee or warranty regarding the physical safety of any route, wall, or facility

Organizations are solely responsible for:

Establishing, maintaining, and enforcing safety procedures and protocols
Conducting regular inspections of walls, holds, hardware, ropes, and equipment
Maintaining routes in safe and appropriate condition
Accurate and appropriate route grading
Risk management and incident response
Compliance with applicable safety regulations and industry standards

Use of the Services does not replace professional judgment, safety inspections, qualified staffing, or appropriate operational oversight. OnSet expressly disclaims all liability for injury, death, property damage, or other harm arising from climbing activities or facility operations.

Customer User Acknowledgment of Risk

This subsection applies to you if you use Onset Climb. Read it carefully — it affects your legal rights.

Climbing is inherently dangerous. Climbing, bouldering, and related training activities carry a risk of serious injury, permanent disability, and death. These risks exist regardless of the equipment used, the condition of the facility, the skill of the participants, or the software any party uses. You knowingly and voluntarily assume all risks of participating in climbing activities.

Route information in Onset Climb is informational only. All route, wall, grade, color, status, and facility information displayed in Onset Climb is supplied by the Facility. OnSet does not create, verify, inspect, test, or independently confirm any of it. In particular, you acknowledge and agree that:

Grades are subjective estimates, assigned by the Facility's staff. A grade is not a representation about the difficulty, suitability, or safety of a climb for you or for anyone else.
The presence, absence, or status of a route in the application is not a safety representation. A route shown as current, active, or newly set has not been certified as safe, inspected, or maintained by OnSet.
Onset Climb is not an inspection, maintenance, or certification record. Nothing displayed in the application indicates that any wall, hold, anchor, rope, mat, or piece of equipment has been inspected or is in safe condition.
Information may be inaccurate, incomplete, or out of date at any given moment, including because a Facility has not yet updated it.

Rely on your own judgment and the Facility. You are responsible for assessing your own ability, inspecting the climb and the equipment before use, following the Facility's rules and staff instructions, and deciding whether to attempt any climb. Never substitute information in Onset Climb for your own inspection and judgment or for the Facility's supervision.

Not medical, training, or fitness advice. Session summaries, statistics, streaks, progress indicators, and community comparisons in Onset Climb are informational records of what you logged. They are not medical, health, training, coaching, or fitness advice, and must not be relied on as such. Consult a qualified professional before beginning or changing any physical activity.

Release by Customer Users

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, AND DISCHARGE ONSET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING OUT OF OR RELATING TO:

YOUR PARTICIPATION IN CLIMBING OR RELATED ACTIVITIES AT ANY FACILITY
THE CONDITION OF ANY FACILITY, ROUTE, WALL, HOLD, ANCHOR, MAT, OR EQUIPMENT
ANY ACT OR OMISSION OF A FACILITY, ITS STAFF, OR ANY OTHER MEMBER OR VISITOR
YOUR RELIANCE ON ANY ROUTE, GRADE, STATUS, SCHEDULE, ANNOUNCEMENT, OR OTHER INFORMATION DISPLAYED IN ONSET CLIMB

This release does not apply to liability that cannot be released or excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud where applicable law prohibits its release. If you are a resident of a jurisdiction that limits the enforceability of general releases, this release applies to the maximum extent that jurisdiction permits.

If you are agreeing to these Terms on behalf of a minor, you agree to this release on your own behalf and on behalf of the minor, and you agree to indemnify OnSet against any claim brought by or on behalf of that minor that is inconsistent with this release, to the extent permitted by applicable law.

Your Agreement with the Facility Is Separate

Your membership agreement, liability waiver, and assumption-of-risk agreement with a Facility are between you and that Facility. Nothing in these Terms modifies them, and nothing in them modifies these Terms. OnSet is not a party to them and has no obligation under them.

17. Intellectual Property

Organizations and Staff Users. Subject to these Terms and payment of applicable Fees, OnSet grants Organizations and their Staff Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the Subscription Term solely for internal business operations.

Customer Users. Subject to these Terms, OnSet grants each Customer User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Onset Climb on a device you own or control, for your own personal, non-commercial use, for as long as your account remains active. This license is granted directly by OnSet to you and does not depend on any Organization's subscription, except that access to a particular Facility's content depends on that Facility's participation as described in Section 10.

You may not:

Copy, modify, or create derivative works of the Services
Resell, sublicense, or provide the Services to third parties without OnSet's prior written consent
Remove or obscure any proprietary notices on the Services
Use OnSet's trademarks or branding without prior written permission

Nothing in these Terms transfers any ownership of OnSet intellectual property to any user or Organization.

18. Confidentiality

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to third parties or use it for any purpose other than as necessary to fulfill obligations under these Terms.

Confidential Information does not include information that:

Is or becomes publicly available through no breach of these Terms
Was rightfully known to the receiving party before disclosure
Is rightfully obtained from a third party without restriction
Is independently developed by the receiving party without use of the other party's Confidential Information

Confidentiality obligations survive termination of these Terms for three (3) years, except with respect to trade secrets, which remain confidential for as long as they qualify as trade secrets under applicable law.

19. Third-Party Services and Integrations

The Services may integrate with or link to third-party services, platforms, or APIs. OnSet does not control and is not responsible for third-party services, their availability, their terms, or their data practices. Your use of third-party services is governed by those third parties' own terms and privacy policies.

OnSet expressly disclaims all liability arising from your use of third-party services, including any data loss, security incidents, or service interruptions caused by third parties.

20. Feedback

If you provide OnSet with suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Services ("Feedback"), you grant OnSet a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, create derivative works from, distribute, and commercialize the Feedback without restriction and without any obligation to compensate you. OnSet has no obligation to act on or implement any Feedback.

21. Availability and Service Interruptions

OnSet provides the Services on an "as available" basis. OnSet does not guarantee continuous, uninterrupted, or error-free operation of the Services, or that the Services will meet your requirements.

Scheduled maintenance, emergency maintenance, software updates, infrastructure outages, third-party service failures, and events beyond OnSet's reasonable control may affect availability. OnSet will make reasonable efforts to schedule maintenance during low-usage hours and to provide advance notice of planned downtime.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND.

ONSET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY OR COMPLETENESS OF DATA OR OUTPUTS, RELIABILITY OR AVAILABILITY, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, AND THAT DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION OBTAINED FROM ONSET OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain implied warranties. To the extent such warranties cannot be fully disclaimed under applicable law, they are limited in duration to the minimum period required by law.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONSET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ONSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ONSET'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED:

For an Organization and its Staff Users: THE GREATER OF (i) THE TOTAL FEES ACTUALLY PAID BY THAT ORGANIZATION TO ONSET DURING THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100); AND
For a Customer User: THE GREATER OF (i) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY THAT CUSTOMER USER TO ONSET DURING THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100).

FOR THE AVOIDANCE OF DOUBT, A CUSTOMER USER'S RECOVERY IS NOT LIMITED BY, AND DOES NOT DEPEND ON, FEES PAID BY ANY ORGANIZATION.

THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONSET WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, ONSET'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The parties acknowledge that the disclaimers and limitations of liability in these Terms reflect a reasonable allocation of risk and are an essential basis of the bargain between OnSet and users.

24. Indemnification

You agree to defend, indemnify, and hold harmless OnSet and its officers, directors, employees, contractors, agents, licensors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your User Content or Organization Data
Your use of the Services other than as expressly authorized by these Terms
Your violation of any applicable law or regulation
Your negligence, misconduct, or fraud
Your Organization's operations, including any claims arising from climbing injuries, facility safety, or route conditions
If you are a Customer User: your climbing and related activities, your reliance on information displayed in Onset Climb, and any claim brought by or on behalf of a minor for whom you accepted these Terms

OnSet will provide you with prompt written notice of any claim subject to indemnification. You will have the right to control the defense and settlement of such claim, provided that you may not settle any claim that imposes any obligation, restriction, or liability on OnSet without OnSet's prior written consent.

25. Suspension and Termination

OnSet may suspend or terminate any account or access to the Services at any time for reasons including:

Actual or suspected security threats or unauthorized access
Abuse of the Services or violation of these Terms
Non-payment of Fees
Legal requirements, court orders, or government directives
Conduct that OnSet reasonably believes creates risk of harm to users, third parties, or OnSet

An Organization may cancel its subscription at any time by providing written notice to OnSet as described in Section 32. Cancellation takes effect at the end of the then-current billing period. No refunds are issued for early cancellation.

Except in cases of emergency, imminent harm, legal prohibition, or fraud, OnSet will make reasonable efforts to notify an Organization before suspending its account.

26. Effect of Termination

Upon termination or expiration of an Organization's subscription:

The Organization's and its Authorized Users' right to access and use the Services immediately ceases
OnSet will provide the Organization with a reasonable opportunity (not less than 30 days where practicable) to export Organization Data before deletion
OnSet will delete or anonymize Organization Data within 90 days of termination, subject to any legal retention obligations

Termination does not relieve an Organization of any obligation to pay Fees that accrued prior to the termination date. Sections 10, 11, 13, 15, 16 (including the acknowledgment of risk and release), 17, 18, 20, 22, 23, 24, 28, 29, 30, 33, and 34 survive termination.

27. Force Majeure

OnSet will not be in breach of these Terms or liable for any delay or failure to perform its obligations to the extent such delay or failure is caused by circumstances beyond OnSet's reasonable control, including acts of God, natural disasters, pandemic or epidemic, war, terrorism, government action, labor disputes, power failures, internet or telecommunications outages, cyberattacks, or failures of third-party service providers.

28. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

29. Dispute Resolution and Arbitration

Before initiating any formal dispute proceeding, you agree to contact OnSet at billy@onsetops.com and attempt to resolve the dispute informally. OnSet will attempt to resolve the dispute within 30 days. If the dispute is not resolved within that period, either party may proceed to arbitration as set forth below.

Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Arbitration shall be conducted in King County, Washington, unless otherwise required by applicable consumer protection law. The arbitration may be conducted remotely where the parties agree or where the arbitrator determines it appropriate.

The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, subject to the limitations set forth in these Terms. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.

30. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, OR REPRESENTATIVE PROCEEDING OF ANY KIND AGAINST ONSET OR ANY ONSET PARTY. ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.

If this waiver is found to be unenforceable with respect to a particular claim, then that claim shall be severed from the arbitration and proceed in court, while all other claims remain in arbitration.

31. Changes to Terms

OnSet may modify these Terms at any time. When we make material changes, we will post the updated Terms with a new effective date and provide notice by email, in-app notification, or other reasonable means at least 14 days before material changes take effect, where reasonably practicable.

Your continued access to or use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree, you must discontinue use of the Services before the effective date of the changes.

32. Notices

All legal notices to OnSet must be sent in writing by email to billy@onsetops.com or by first-class mail to OnSet Operations LLC, 3817 Evanston Ave N, Seattle, WA 98103.

OnSet may provide notices to you via email to the address associated with your account, via in-app notification, or by posting on the Services. You are responsible for keeping your account contact information current.

33. General Provisions

Entire Agreement

These Terms, together with any applicable Order Form, Data Processing Agreement, and OnSet's Privacy Policy, constitute the entire agreement between you and OnSet with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.

No Waiver

OnSet's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any specific breach shall not constitute a waiver of any future breach.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without OnSet's prior written consent. OnSet may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.

Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

No Third-Party Beneficiaries

Except as expressly provided in Section 34 with respect to Apple Inc., these Terms are for the sole benefit of the parties and their permitted assigns, and nothing in these Terms confers any rights or remedies on any third party.

34. Additional Terms for Mobile Applications

This Section applies when you download, install, or use an OnSet mobile application (including Onset Climb) obtained from a third-party application store. In the event of a conflict, this Section controls over the rest of these Terms with respect to that application store only.

Apple App Store

These Terms are between you and OnSet only, not with Apple Inc. ("Apple"). OnSet, not Apple, is solely responsible for the application and its content.

(a) Scope of License. The license granted to you in Section 17 for an application obtained from the App Store is a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the application may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

(b) Maintenance and Support. OnSet is solely responsible for providing any maintenance and support services for the application. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.

(c) Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the application. Apple has no other warranty obligation whatsoever with respect to the application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are OnSet's sole responsibility.

(d) Product Claims. OnSet, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the application's use of any framework for handling health or fitness data. This Section does not limit the disclaimers and limitations of liability elsewhere in these Terms.

(e) Intellectual Property Claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, OnSet, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

(f) Legal Compliance. You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(g) Developer Contact. Questions, complaints, and claims regarding the application should be directed to OnSet Operations LLC, 3817 Evanston Ave N, Seattle, WA 98103, billy@onsetops.com.

(h) Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Notwithstanding the "No Third-Party Beneficiaries" provision in Section 33, this subsection is enforceable by Apple.

Google Play

If you obtain an OnSet application from Google Play, you acknowledge that these Terms are between you and OnSet only, and not with Google LLC ("Google"). Your use of the application must comply with the then-current Google Play Terms of Service. Google is not responsible for the application or its content, and has no obligation to provide any maintenance or support for it.

In-Application Purchases

OnSet does not currently charge Customer Users any fee for Onset Climb, and the application does not offer in-application purchases or subscriptions. If that changes, any purchase you make through an application store is processed by that store under its own terms, and refunds are governed by that store's policies.

35. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

OnSet Operations LLC
Email: billy@onsetops.com
Mailing Address: 3817 Evanston Ave N, Seattle, WA 98103

Contact Back to site