Terms of Service

These Terms of Service (“Terms”) govern your use of the SENDO mobile application and website (together, the “Service”), operated by the party identified in our Commercial Disclosure. By using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

SENDO is a logging and analytics tool for indoor climbing. The core of the Service — logging, sessions, history, basic progress, export — is free. Some features are part of the optional paid SENDO Pro plan (section 5). We may add, change, or remove features at any time; we will not paywall your existing local climbing log or its export.

2. Your account

• SENDO creates an anonymous account when you start, and you can attach Apple, Google, or email sign-in later. You must provide accurate information and keep your sign-in methods secure.
• You are responsible for activity that occurs under your account.
• You must be at least 13 years old (or the applicable minimum age in your jurisdiction) to use the Service.

3. Your content

You own the climbing data and content you create in SENDO. You grant us a limited license to host, process, and display that content solely to operate and improve the Service — for example, syncing it across your devices or showing your presence to climbers you opted in to see. You can export your data at any time, free of charge, and you can delete your account and synced data in-app.

4. Acceptable use

• Don't misuse the Service, interfere with its operation, or access it by automated means.
• Don't use presence features to harass, stalk, or monitor other climbers.
• Don't upload content that is unlawful or infringes the rights of others.
• Don't attempt to circumvent feature gates or access other users' data.

5. SENDO Pro, billing, and refunds

• SENDO Pro is available as a monthly or yearly subscription, or as a one-time purchase (which includes Pro features but not cloud sync, an ongoing service that remains subscription-only).
• All purchases are billed by Apple's App Store or Google Play under their terms. Subscriptions renew automatically until cancelled in your store account settings; cancelling stops the next renewal and keeps access until the end of the paid period.
• Refunds are handled by the stores under their policies. Prices may change; changes apply from the next billing period and never retroactively.
• If a subscription ends, your data stays on your device and remains exportable — only the Pro features (such as sync and advanced analytics) deactivate.

6. Climbing is dangerous

Climbing involves inherent risk. SENDO is a logging tool — it does not provide training, safety, or medical advice, and grade or gym data may be inaccurate or out of date. You climb at your own risk and are solely responsible for your own safety.

7. Disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that grade or gym data will be accurate or current.

8. Limitation of liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or loss of data, arising from your use of the Service, even if we have been advised of the possibility of such damages. Our aggregate liability for any claim arising out of or related to these Terms or the Service is limited to the amounts you paid us, if any, in the six (6) months preceding the event giving rise to the claim.

Mandatory consumer rights. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable mandatory consumer-protection law — including, where they apply to you, the EU Unfair Contract Terms Directive 93/13/EEC, the EU Consumer Rights Directive 2011/83/EU, the UK Consumer Rights Act 2015, and the Japanese Consumer Contract Act (消費者契約法). Statutory consumer rights in your country of residence apply in addition to these Terms and override any provision that conflicts with them.

9. Indemnification

You agree to defend, indemnify, and hold us harmless from any third-party claim, demand, liability, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service in violation of these Terms or applicable law, or (b) your violation of any third-party right. We will give you prompt notice of any such claim and may, at our option, assume control of its defense, in which case you agree to cooperate at your expense.

10. Mobile application license (Apple & Google)

The SENDO app is licensed to you (not sold) on a limited, non-exclusive, non-transferable basis for personal use on Apple- or Google-authorized devices, subject to these Terms and to the usage rules of the Apple Media Services Terms of Service and the Google Play Terms of Service, as applicable.

If you obtained the app from the Apple App Store, the following also apply: (a) these Terms are between you and us only, and not with Apple; (b) we, not Apple, are responsible for the app and its content; (c) Apple has no obligation to provide maintenance or support for the app; (d) in the event the app fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the app); (e) we, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it; (f) we, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim relating to the app; (g) you represent that you are not located in a country subject to a US government embargo or designated as “terrorist supporting”, and you are not on any US government list of prohibited or restricted parties; and (h) you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.

If you obtained the app from Google Play, equivalent terms apply with Google in place of Apple.

11. Electronic communications

By using the Service or sending us email, you consent to receive electronic communications from us, and you agree that any notices, agreements, disclosures, or other communications we send you electronically satisfy any legal requirement that such communications be in writing.

12. Governing law

These Terms are governed by the laws of Japan, without regard to its conflict-of-laws rules. You and we irrevocably agree that the courts of Japan have exclusive jurisdiction over any dispute arising from or related to these Terms, except as provided in section 13 below and subject to any mandatory rules of consumer-protection law in your country of residence.

13. Dispute resolution

Before initiating any formal proceedings, you and we agree to attempt in good faith to resolve any dispute through written negotiation for a period of at least 30 days from the day either party provides written notice of the dispute. If the dispute is not resolved through negotiation, it shall be finally settled by binding arbitration administered by the Japan Commercial Arbitration Association (JCAA) under its commercial arbitration rules, conducted in English in Tokyo, Japan. The arbitral award is final and binding.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property or confidential information.

14. Termination

You may stop using the Service at any time, and you can delete your account in-app. We may suspend or terminate accounts that violate these Terms, with notice where practicable. Sections 3, 6, 7, 8, 9, 12, and 13 survive termination.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in-app before they take effect, and by email if you have provided one. Continued use after changes means you accept the new Terms.

16. Contact

Questions about these Terms? Contact contact@getsendo.app.