Terms of Service
Effective Date: September 30, 2025
Last Updated: September 30, 2025
1. Agreement to Terms
By accessing or using Onsightful ("Service"), operated by Onsightful ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
Onsightful is a climbing analytics platform that processes publicly available climbing data from Mountain Project to provide performance analytics, visualizations, and insights. The Service includes:
- Data import from Mountain Project profiles
- Analytics dashboard generation
- Performance metrics and visualizations
- Grade normalization and progression tracking
- Temporary data caching for performance optimization
We may modify or discontinue specific features to maintain, improve, or secure the Service.
3. Eligibility & Accounts
Account Creation
To use certain features you must create an account. You agree to provide accurate, current information; maintain and promptly update it; keep your credentials secure; and notify us immediately of unauthorized use. You are responsible for all activities under your account.
Age & Eligibility
The Service is not intended for children under 13. By using Onsightful, you represent that you are at least 13 years old. If you are between 13 and 18 (or the age of majority in your jurisdiction), you must have permission from a parent or legal guardian who agrees to these Terms on your behalf. We may suspend or terminate accounts that do not meet these requirements.
You may not use another person's account without permission, create multiple accounts to evade policies, or provide false information.
4. Acceptable Use
You agree not to (i) access non-public areas of the Service; (ii) scrape, crawl, or spider the Service except through documented APIs; (iii) reverse engineer or attempt to derive source code except as permitted by law; or (iv) use Onsightful’s confidential information to build a functionally equivalent or substantially similar service. This clause does not restrict lawful competition using independently developed or publicly available information.
Additionally, you must not:
- Use the Service for illegal, harmful, or unauthorized purposes
- Interfere with or disrupt the Service or its infrastructure
- Circumvent security controls or rate limits
- Use automated systems or bots without our written permission
- Transmit malware or harmful code
- Harass, abuse, or harm other users
- Submit false, misleading, or infringing content
5. User Content & License
Your Data
You retain ownership of your data. You grant Onsightful a non-exclusive, worldwide, revocable license to host, process, display, and transmit your data to provide the Service, and to create de-identified or aggregated analytics that do not identify you. Onsightful may use such de-identified or aggregated analytics to operate, maintain, and improve the Service.
You represent that you have the rights necessary to submit data to the Service and that doing so does not infringe the rights of others.
6. Data Retention & Privacy
We cache Mountain Project data for up to 30 days to improve performance. Error logs are retained for 7 days and access logs for up to 30 days. Backup snapshots are maintained on a rolling 7-day basis for disaster recovery. After these periods, data is deleted from active systems and backups.
Additional details about how we collect, use, and protect information are described in our Privacy Policy.
7. Third-Party Services
Mountain Project
- We fetch publicly available data from Mountain Project to provide analytics.
- Mountain Project’s own terms and privacy policy govern their services.
- Onsightful is not responsible for Mountain Project’s availability, accuracy, or policies.
Other Providers
We rely on third-party infrastructure (such as Google Cloud Platform and email providers) to deliver the Service. Your use of those services may be subject to additional terms, and outages or changes in those services may affect Onsightful.
8. DMCA Notice
Onsightful respects copyright. If you believe content available through the Service infringes your rights, please send a notice under 17 U.S.C. §512(c)(3) to our designated agent:
DMCA Agent: Onsightful Legal
How to Reach Us: Submit a request via our contact page and select the “DMCA” category. If you are unable to use the form, include the required information in any written notice mailed to the address listed on that page.
Upon receipt of a valid notice, we will remove or disable access to the material and, when appropriate, notify the user and accept counter-notifications under §512(g). Onsightful has registered its DMCA agent with the U.S. Copyright Office DMCA directory.
9. Disclaimers
Service Provided "AS IS"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Service will be uninterrupted, timely, or error-free
- Data or analytics will be complete, accurate, or suitable for your needs
- The Service meets your specific requirements
- Any defects will be corrected
Climbing Risk Disclaimer
CLIMBING IS AN INHERENTLY DANGEROUS ACTIVITY. Analytics and metrics provided by Onsightful are for informational purposes only and should not replace proper training, judgment, and safety practices. Always climb within your abilities and follow proper safety protocols.
10. No Professional Advice
Onsightful does not provide coaching, medical, or professional advice. Any insights or suggestions derived from analytics are informational only and should not be interpreted as guidance tailored to your specific circumstances.
11. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or exemplary damages. Onsightful’s aggregate liability arising out of or related to the Service will not exceed the greater of (a) amounts you paid to Onsightful in the 12 months before the event giving rise to liability or (b) $100. The foregoing does not limit liability for fraud, willful misconduct, or (where required by law) personal injury or death caused by negligence.
12. Indemnification
You agree to defend, indemnify, and hold harmless Onsightful and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
13. Termination
By You
You may terminate your account at any time by discontinuing use of the Service. Cached data automatically expires after 30 days of inactivity.
By Us
We may suspend or terminate your access immediately, without prior notice, if you breach these Terms, violate applicable law, engage in harmful or abusive behavior, or if required by law enforcement. We may also close accounts that remain inactive for 12 consecutive months.
Effect of Termination
Upon termination, your right to use the Service ceases immediately. Provisions that should reasonably survive termination (including ownership, disclaimers, limitation of liability, and dispute resolution) will remain in effect.
14. Changes to Terms
We may modify these Terms to reflect changes in our Service, legal requirements, or business practices. For material changes, we will provide at least 30 days’ notice through on-site notifications, email (if available), or both before the new terms take effect. Minor updates take effect when posted.
Your continued use of the Service after the effective date of the revised Terms constitutes acceptance. If you do not agree, you must stop using the Service before the changes take effect.
15. Dispute Resolution; Arbitration
Informal Resolution
Before filing a claim, you agree to contact us and attempt to resolve the dispute informally. We will do the same. If the dispute is not resolved within 30 days, either party may pursue arbitration as described below.
Binding Arbitration
Either party may elect binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. You and Onsightful may bring qualifying claims in small claims court instead of arbitration.
Fees and Location
Onsightful will pay all AAA filing, administration, and arbitrator fees for claims up to $10,000 unless the arbitrator determines your claims are frivolous. Hearings will occur by video or in the county of your billing address unless both parties agree otherwise.
Class Action Waiver
Disputes are resolved only on an individual basis. Class, consolidated, or representative proceedings are not permitted.
30-Day Opt-Out
You may opt out of arbitration by submitting a request through our contact page within 30 days of first accepting these Terms. Include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration.
Injunctive Relief
Either party may seek temporary or injunctive relief in court to protect confidential or intellectual property rights.
16. Governing Law; Venue
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules.
Exclusive venue for any action not subject to arbitration is the state or federal courts located in Boulder County, Colorado, and the parties consent to personal jurisdiction there.
17. Notices
Legal notices to Onsightful must be sent through the form available on our contact page. Choose the “Legal” category to ensure your notice is routed appropriately. We may provide notices to you via email, in-service messages, or postings within the Service. Notices are deemed received when sent.
18. Feedback
If you provide feedback or suggestions, you grant Onsightful a perpetual, irrevocable, royalty-free license to use that feedback without restrictions or compensation to you.
19. Contact Information
For any questions about these Terms—or to submit privacy requests, legal notices, or arbitration opt-outs—use our contact page and select the relevant category.
Acknowledgment
BY USING ONSIGHTFUL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
These Terms of Service were last updated on September 30, 2025. We encourage you to review these Terms periodically for any changes.