Terms and Conditions
Effective Date: June 3, 2025
1. Acceptance of Terms
By accessing OnBelay's website, mobile application, or services, users consent to these Terms and Conditions, the Privacy Policy, and a separate Liability Waiver and Release Agreement. Non-compliance means users should discontinue service use.
2. Services Description
2.1 SummitFlow Services
The platform offers partner matching for climbers, interactive route information with topos and photographs, international climbing expeditions, and related services including equipment recommendations and accommodation assistance.
2.2 Service Limitations
The company functions as a facilitator only, providing no guarantees regarding route accuracy, user screening, professional guiding services, third-party provider accountability, trip completion, or user information verification.
3. Assumption of Risk and Safety Warnings
3.1 Inherent Dangers Acknowledgment
Rock climbing and related activities are inherently dangerous and involve significant risk of serious injury, permanent disability, and death. Users acknowledge hazards including falls, equipment failure, environmental dangers, human error, remote locations, and unknown partner experience.
3.2 Partner Matching Risks
The service performs no screening, verification, or background checks of users. All partner information is self-reported and unverified. Users must independently assess potential partners and verify their qualifications and representations.
3.3 Route Information and Website Content Risks
All content, including route descriptions and articles, is provided for reference only without accuracy guarantees. Conditions change frequently, and blog posts reflect individual experiences that may not apply currently.
3.4 International Travel Risks
Additional dangers include political instability, limited medical facilities, different safety standards, travel delays, and currency fluctuations.
4. Liability Disclaimer and Limitation
4.1 Disclaimer of Warranties
SummitFlow disclaims all warranties, stating services are provided "as-is" and "as-available" without guarantees regarding information accuracy, service availability, partner qualifications, activity outcomes, or user verification.
4.2 Limitation of Liability
The company is not liable for damages from service use, partner actions, inaccurate information, equipment failures, trip cancellations, injuries, deaths, property damage, rescue costs, or climbing-related claims.
4.3 Maximum Liability Cap
SummitFlow's total liability cannot exceed amounts paid for services within the preceding twelve months.
5. Indemnification
Users must indemnify SummitFlow, its officers, directors, employees, and affiliates from claims, damages, losses, costs, and attorney fees resulting from service use, climbing activities, Terms violations, third-party claims, user content, or rescue costs.
6. User Responsibilities and Conduct
6.1 Account and Profile Accuracy
Users must provide accurate information, maintain updates, avoid misrepresenting climbing experience, and use only their own identity.
6.2 Prohibited Uses
Users cannot violate laws, infringe intellectual property, attempt unauthorized system access, interfere with operations, use services commercially without consent, post false content, engage in harassment, or share others' contact information without permission.
6.3 Partner Interaction Responsibilities
Users understand SummitFlow performs no user screening. They must independently verify partner experience, establish clear communication about abilities and safety, follow climbing safety protocols, respect boundaries, and assume full responsibility for partner selection decisions.
7. Intellectual Property
7.1 OnBelay Content
All platform content is protected by intellectual property laws and owned by SummitFlow or its licensors.
7.2 Limited License
Users receive a limited, non-exclusive, non-transferable, revocable license to access content for personal, non-commercial climbing purposes.
7.3 User-Generated Content
By submitting content, users grant SummitFlow perpetual, worldwide, royalty-free rights to use, modify, and distribute it for operational and promotional purposes.
8. International Travel Terms
8.1 Travel Services
OnBelay may coordinate transportation, accommodations, local guides, equipment logistics, and permit assistance through third-party providers.
8.2 Third-Party Providers
SummitFlow is not responsible for third-party provider actions or failures. Airlines, hotels, guides, and outfitters operate independently. Travel insurance is recommended.
8.3 Travel Requirements
Users must obtain necessary visas and documents, meet health requirements, purchase travel insurance, understand local laws, and accept financial responsibility for trip changes.
9. Privacy and Data Protection
9.1 Information Collection
Personal information, including climbing experience and preferences, is collected for partner matching as detailed in the Privacy Policy.
9.2 Data Security
While reasonable security measures exist, absolute data security cannot be guaranteed, and users acknowledge electronic transmission risks.
10. Payment and Refund Policy
10.1 Service Fees
Clearly displayed fees must be paid in advance and are non-refundable except as specified in refund policies or required by law.
10.2 Trip Payments
Payment schedules accompany trip details. Cancellation policies vary by trip and are disclosed. Users remain liable for incurred costs; travel insurance may provide additional protection.
11. Account Termination
11.1 Termination by OnBelay
SummitFlow may immediately terminate access without notice for Terms violations, unsafe behavior, fraudulent information, or conduct potentially harming the company or users.
11.2 Effect of Termination
Termination immediately ends service access rights, but user obligations, including indemnification, survive termination.
12. Dispute Resolution
12.1 Informal Resolution
Parties must attempt resolution through direct communication and good faith negotiation before pursuing formal action.
12.2 Binding Arbitration
Unresolved disputes proceed to binding arbitration in Clark County, Nevada, under American Arbitration Association rules.
12.3 Class Action Waiver
Users waive rights to participate in class actions; arbitration or legal proceedings must involve individual parties only.
13. Governing Law and Jurisdiction
Nevada state law governs these Terms without conflict-of-law principles. Legal actions proceed in Clark County state or federal courts.
14. Modifications and Updates
14.1 Terms Updates
SummitFlow reserves modification rights; changes become effective upon posting. Continued service use constitutes acceptance of modified Terms.
14.2 Service Changes
The company may modify, suspend, or discontinue services without notice.
15. Severability and Entire Agreement
If provisions are unenforceable, remaining provisions remain valid. These Terms, the Privacy Policy, and Liability Waiver constitute the complete agreement.
16. Emergency Procedures
16.1 Emergency Contacts
Users should maintain updated emergency contacts, inform others of climbing plans, carry communication devices, and understand local emergency procedures.
16.2 OnBelay's Role in Emergencies
OnBelay may assist emergency coordination but is not obligated and assumes no liability for response efforts or outcomes.
17. Contact Information
For inquiries: climbersassistant@gmail.com or www.onbelay.fit
18. Effective Date and Acknowledgment
Effective June 3, 2025, these Terms supersede previous versions. Users acknowledge reading, understanding, and agreeing to these Terms and the separate Liability Waiver.