Terms of service

NEXT ASCENT PRO – TERMS OF SERVICE

Effective Date: [Date]

Welcome to Next Ascent Pro (“Service”), a subscription-based offering from [Your Company Name] (“we,” “us,” or “our”) that provides digital access to our rock climbing guidebook library within our mobile application (“App”). By subscribing, accessing, or using Next Ascent Pro, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, please refrain from subscribing, accessing, or using Next Ascent Pro.

1. Acceptance of Terms

1.1 Binding Agreement
These Terms form a legally binding agreement between you (“User,” “you,” or “your”) and [Your Company Name]. Your use of the Service is subject to these Terms, as well as our Privacy Policy, which is incorporated by reference.

1.2 Eligibility
You must be at least the age of majority in your jurisdiction (or have obtained permission from a parent or guardian if you are a minor) and capable of entering into a legally binding agreement to use Next Ascent Pro.

2. Overview of the Service

2.1 Subscription Access
Next Ascent Pro is a subscription service that unlocks digital access to our entire rock climbing guidebook library. This includes all current and future guidebooks we offer, subject to availability and any additional terms or restrictions outlined in these Terms.

2.2 Subscription Tiers
We offer monthly and yearly subscription tiers. Prices, features, and other details are described in the App, on our website, or as otherwise communicated to you.

2.3 Subscription Requirements
You must have a compatible device with internet access and meet any additional hardware or software requirements described in our documentation to use the Service.

3. Subscription Plans, Billing, and Payment

3.1 Subscription Plans

• Monthly Subscription: Renewed and billed every month.
• Yearly Subscription: Renewed and billed every 12 months.

3.2 Payment Methods
You must provide a valid payment method (e.g., credit card, in-app payment, or other payment method accepted by the App Store/Play Store) to subscribe. By providing a payment method, you represent and warrant that you are authorized to use it.

3.3 Automatic Renewal
Your subscription will automatically renew at the end of the billing period unless you cancel it before the current billing cycle ends. By subscribing, you authorize us (or our third-party payment processor) to charge your payment method for the renewal term.

3.4 Subscription Fees
All fees are stated in dollars, and applicable taxes may be added. We reserve the right to change our subscription fees at any time. Any fee changes will be communicated to you in advance, and your continued use of the Service after the effective date of such changes will constitute acceptance of the new fees.

3.5 Trial Periods
We may, at our sole discretion, offer free or discounted trial periods. After the trial period ends, you will be automatically charged the subscription fee unless you cancel before the trial’s end date.

4. Cancellation and Refunds

4.1 Cancellation
You may cancel your subscription at any time through the App or the applicable app store’s subscription settings. Cancellation will take effect at the end of the current billing cycle, and you will continue to have access to Next Ascent Pro until that time.

4.2 Refund Policy
Unless required by law, we do not offer refunds for partial subscription periods, unused features, or any portion of the subscription fees already paid. If applicable law in your jurisdiction provides for refunds, we will honor such provisions as required.

5. License and Intellectual Property

5.1 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use Next Ascent Pro for your personal, non-commercial use. You may not sublicense, distribute, sell, or otherwise transfer any content from the Service.

5.2 Intellectual Property Rights
All text, graphics, images, logos, user interfaces, photographs, trademarks, trade names, and other content (“Content”) included in the Service are owned, controlled, or licensed by Next Ascent unless otherwise stated. This Content is protected by intellectual property and other laws. You agree not to copy, modify, create derivative works, reverse-engineer, or otherwise exploit any Content, in whole or in part, without our prior written consent.

6. User Conduct

6.1 Prohibitions
You agree not to:

• Use Next Ascent Pro for any unlawful purpose.
• Engage in any behavior that harms, or has the potential to harm, the Service or other users.
• Access or attempt to access non-public areas of the Service or our systems.
• Modify, translate, or create derivative works of the Content or the Service without authorization.

6.2 Suspension and Termination
We reserve the right to suspend or terminate your subscription or access to Next Ascent Pro at any time if we believe you have violated these Terms or are otherwise using the Service in a potentially harmful or illegal manner.

7. Disclaimers

7.1 Accuracy of Information
While we strive to provide accurate and up-to-date guidebook information, rock climbing conditions are subject to change. We do not guarantee the accuracy, reliability, or completeness of any information in the Service, and we are not responsible for injuries, losses, or damages resulting from reliance on this information.

7.2 No Warranties
NEXT ASCENT PRO IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [YOUR COMPANY NAME] AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF NEXT ASCENT PRO OR CONTENT. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID US FOR THE SUBSCRIPTION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold [Your Company Name] and its affiliates, directors, officers, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with your use of or access to Next Ascent Pro, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

10. Changes to the Terms

We reserve the right, at our discretion, to modify or replace these Terms at any time. If a revision is material, we will notify you by posting the updated Terms within the App or by other appropriate means. Your continued use of Next Ascent Pro after the new Terms become effective will indicate your acceptance of the modified Terms.

11. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in [Location], and you consent to personal jurisdiction and venue in such courts.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

13. Entire Agreement

These Terms, together with any other legal notices or policies published by us in connection with Next Ascent Pro, constitute the entire agreement between you concerning the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

14. Contact Us

If you have any questions, concerns, or feedback regarding these Terms or Next Ascent Pro, please contact us at:

• Email: nextascentguides@ gmail .com
• Mailing Address: 830 NE Holladay, Portland, OR

Last Updated: [Jan 1, 2025]