Terms of Use

These Terms of Use (the “Terms”) govern the use of the Climbing Log app and the climbdiary.com website (together, the “Service”) between the Provider and the user of the Service (the “User”). By using the Service, the User accepts these Terms.

1. The Provider

• Adattenger Korlátolt Felelősségű Társaság (Adattenger Kft.)
• Registered seat: 1118 Budapest, Hegyalja út 72. 2. em. 2., Hungary
• Company reg. no.: 01-09-396525 (Fővárosi Törvényszék Cégbírósága)
• Tax number: 27752896-2-43
• Represented by: Mester Tamás
• Email: tomi@data36.com

2. Definitions

• Service: the Climbing Log app and website, with which the User can log and track their climbs.
• User: the natural person who creates and uses an account in the Service.
• Account: the unique access to the Service created by the User’s registration.

3. Scope and acceptance of the Terms

The Terms take effect upon publication and remain in force indefinitely. The User accepts the Terms by registering and by using the Service. The Terms in force at the given time apply to the use of the Service.

4. Formation of the contract

The contract between the Provider and the User is formed electronically by completing registration and accepting the Terms. The contract is formed under Hungarian Act V of 2013 (the Civil Code) and Hungarian Act CVIII of 2001 on electronic commerce services. The contract is not deemed a written contract, is not filed by the Provider, and is not subsequently accessible; its content is set out in these Terms.

5. The Service

Climbing Log is a climbing-logging Service with which the User can record their boulder and rope climbs — grade, attempts, style, character, notes — and track their progress through statistics. The content and features of the Service may change from time to time.

6. Free of charge

The Service is currently available free of charge; the User has no payment obligation, and the Service contains no paid features. Accordingly, provisions on refunds and on the right of withdrawal for distance contracts concluded for consideration do not apply. The Provider reserves the right to introduce paid features in the future; these will be subject to separate, previously published terms, and their introduction will not affect existing free use retroactively.

7. Account and registration

Using the Service requires an Account, which can be created with a Google account, an Apple ID, or an email address. The User undertakes to provide accurate data, to keep their sign-in credentials safe, and is responsible for activity carried out on their Account. The Account is non-transferable.

8. The User’s rights and obligations

The User may use the Service solely for lawful purposes and in accordance with these Terms. It is prohibited to interfere with the operation of the Service, to attempt unauthorised access, to access other people’s data, and to reverse-engineer or misuse the Service.

9. The Provider’s rights and obligations

The Provider strives to operate the Service continuously and properly but does not guarantee its continuity or error-free operation. The Provider is entitled to modify the Service or any of its features at any time, to suspend it for maintenance, or to discontinue it.

10. Intellectual property

The Service, its name, logo, interface and source code are the intellectual property of the Provider or its licensors. The training data logged by the User remains the User’s; the Provider processes it solely to provide the Service.

11. Limitation of liability

The Service is provided “as is”. To the extent permitted by law, the Provider is not liable for indirect or consequential damages arising from use of the Service, for data loss, or for outages caused by reasons beyond its control (e.g. force majeure, network or server failure). The Service does not constitute sports, medical or safety advice; the User is responsible for the risks of climbing.

12. Data processing

The processing of personal data is governed by the Privacy Policy.

13. Complaints

You can submit a complaint at tomi@data36.com. The Provider will investigate and respond to the complaint within 30 days of receipt.

In the case of a consumer dispute, the User may turn to the conciliation board competent for their place of residence. The board competent for the Provider’s seat is:

• Budapesti Békéltető Testület (Budapest Conciliation Board)
• Address: 1016 Budapest, Krisztina krt. 99. I. em. 111., Hungary
• Postal address: 1253 Budapest, Pf.: 10.
• Phone: +36 (1) 488-2131
• Email: bekelteto.testulet@bkik.hu

The User may also turn to the competent government office for consumer protection matters at their place of residence.

14. Governing law and jurisdiction

These Terms and the use of the Service are governed by Hungarian law, in particular the Civil Code and the Act on electronic commerce services. The parties will primarily settle their disputes amicably; failing that, the Hungarian courts have jurisdiction.

15. Miscellaneous and final provisions

If any provision of the Terms becomes invalid, this does not affect the validity of the remaining provisions. The Provider may amend the Terms from time to time; the current version is published on this page with its effective date. Continued use after the amendment takes effect constitutes acceptance of the amended Terms.