SUMMITFLOW, LLC (D/B/A ONBELAY)
TERMS AND CONDITIONS
Effective Date: June 3, 2025
1. ACCEPTANCE OF TERMS
By accessing or using the OnBelay website, mobile application, or any services provided by SummitFlow, LLC d/b/a OnBelay ("SummitFlow," "Company," or "we"), you agree to comply with and be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and our Liability Waiver and Release Agreement. If you do not agree to these Terms, please do not use our Services.
IMPORTANT: Use of SummitFlow services requires execution of our separate Liability Waiver, Release, Assumption of Risk, and Indemnification Agreement, which contains additional important legal provisions.
2. SERVICES DESCRIPTION
2.1 SummitFlow Services
SummitFlow provides the following services through its OnBelay platform:
Partner Matching Services: A platform to connect rock climbers seeking belay partners, climbing companions, and climbing partners for various skill levels and climbing disciplines.
Interactive Route Information: Access to climbing route topos, approach descriptions, pitch-by-pitch information, descent routes, and 360-degree interactive photographs of climbing areas.
International Climbing Trips: Organization and facilitation of climbing expeditions to international destinations, including trip planning, logistics coordination, and travel arrangements.
Related Services: Equipment recommendations, climbing instruction referrals, accommodation assistance, transportation coordination, and other climbing-related services.
2.2 Service Limitations
SummitFlow acts as a facilitator and information provider only. We do not:
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Guarantee the accuracy of route information, blogs, articles, or partner profiles
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Perform any screening, verification, or background checks of users or climbing partners
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Provide professional guiding services unless specifically contracted
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Assume responsibility for third-party service providers
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Guarantee trip completion or specific outcomes
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Verify or endorse any information provided by users
3. ASSUMPTION OF RISK AND SAFETY WARNINGS
3.1 Inherent Dangers Acknowledgment
WARNING: ROCK CLIMBING AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE SIGNIFICANT RISK OF SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH.
By using SummitFlow services, you acknowledge and understand that rock climbing involves numerous hazards including but not limited to:
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Falls from height and associated injuries
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Equipment failure and malfunction
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Environmental hazards and weather conditions
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Human error in safety procedures
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Remote locations with limited emergency access
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Risks associated with climbing partners of unknown experience
3.2 Partner Matching Risks
When using our partner matching services, you acknowledge:
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SummitFlow performs NO screening, verification, or background checks of users
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All partner information is entirely self-reported and unverified
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SummitFlow provides only a platform for users to connect with each other
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You are solely responsible for assessing potential partners through your own methods
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Climbing with unfamiliar partners involves significant additional risks
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SummitFlow is not responsible for partner qualifications, representations, or actions
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You must independently verify all partner information and conduct your own safety assessment
3.3 Route Information and Website Content Risks
Regarding our route information services and all website content:
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All information, including route descriptions, blogs, articles, and user-generated content, is provided for reference only
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SummitFlow makes no representations about the accuracy, completeness, or reliability of any content
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Route conditions change frequently and without notice
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Information may be inaccurate, incomplete, outdated, or reflect subjective opinions
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Blog posts and articles represent individual experiences that may not apply to current conditions
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You must conduct independent route assessment and decision-making
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Environmental conditions can significantly alter route difficulty and safety
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All content should be considered as reference material only, not authoritative guidance
3.4 International Travel Risks
For international climbing trips, additional risks include:
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Political instability and security threats
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Limited medical facilities and emergency services
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Different safety standards and regulations
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Travel-related hazards and delays
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Currency fluctuations and financial losses
4. LIABILITY DISCLAIMER AND LIMITATION
4.1 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMITFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SummitFlow's services are provided "AS-IS" and "AS-AVAILABLE" without any warranties regarding:
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Accuracy, completeness, or reliability of any information, blogs, articles, or user-generated content
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Availability or functionality of services
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Safety, qualifications, or representations of matched partners
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Outcomes of climbing activities or trips
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Verification or screening of users or content
4.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMITFLOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM:
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Use of or inability to use SummitFlow services
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Actions or omissions of climbing partners or third parties
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Inaccurate or incomplete route information
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Equipment failures or recommendations
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Trip cancellations, delays, or modifications
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Injuries, death, or property damage related to climbing activities
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Rescue or emergency response costs
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Any other claims related to climbing activities facilitated by SummitFlow
4.3 Maximum Liability Cap
In no event shall SummitFlow's total liability exceed the amount paid by you for SummitFlow services in the twelve (12) months preceding the incident giving rise to liability.
5. INDEMNIFICATION
5.1 User Indemnification Obligation
You agree to indemnify, defend, and hold harmless SummitFlow, its officers, directors, members, employees, agents, and affiliates from and against all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from:
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Your use of SummitFlow services
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Your climbing activities facilitated through SummitFlow
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Your violation of these Terms or applicable laws
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Claims brought by your climbing partners or third parties
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Any content you provide to SummitFlow
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Rescue or emergency response costs related to your activities
6. USER RESPONSIBILITIES AND CONDUCT
6.1 Account and Profile Accuracy
You agree to:
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Provide accurate, current, and complete information in your profile
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Maintain and update your information as necessary
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Not misrepresent your climbing experience or qualifications
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Use only your own identity and not impersonate others
6.2 Prohibited Uses
When using OnBelay services, you agree not to:
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Violate any applicable laws or regulations
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Infringe upon intellectual property rights
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Attempt unauthorized access to our systems
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Interfere with proper operation of services
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Use services for commercial purposes without written consent
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Post false, misleading, or inappropriate content
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Engage in harassment or discriminatory behavior
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Share personal contact information of other users without consent
6.3 Partner Interaction Responsibilities
When connecting with climbing partners through OnBelay:
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Understand that SummitFlow performs NO screening or verification of users
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Conduct your own thorough safety assessment and background verification of potential partners
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Independently verify all climbing experience and qualifications claimed by partners
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Establish clear communication about objectives, abilities, and safety protocols
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Follow established climbing safety protocols and best practices
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Respect other users' boundaries and preferences
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Assume full responsibility for partner selection and interaction decisions
7. INTELLECTUAL PROPERTY
7.1 OnBelay Content
All content on OnBelay services, including route information, photographs, text, graphics, logos, and software, is protected by intellectual property laws and owned by SummitFlow or its licensors.
7.2 Limited License
SummitFlow grants you a limited, non-exclusive, non-transferable, revocable license to access and use our content solely for personal, non-commercial climbing-related purposes.
7.3 User-Generated Content
By submitting content to OnBelay (route information, photos, reviews), you grant SummitFlow a perpetual, worldwide, royalty-free license to use, modify, and distribute such content for operational and promotional purposes.
8. INTERNATIONAL TRAVEL TERMS
8.1 Travel Services
For international climbing trips, OnBelay may coordinate with third-party providers for:
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Transportation arrangements
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Accommodation bookings
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Local guide services
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Equipment logistics
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Permit acquisition assistance
8.2 Third-Party Providers
SummitFlow is not responsible for the actions, omissions, or failures of third-party travel service providers. You acknowledge that:
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Airlines, hotels, and transport companies operate under their own terms
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Local guides and outfitters are independent contractors
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Political and economic conditions may affect travel plans
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Travel insurance is strongly recommended and your responsibility
8.3 Travel Requirements
You are responsible for:
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Obtaining necessary visas and travel documents
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Meeting health and vaccination requirements
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Purchasing appropriate travel and medical insurance
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Understanding and complying with local laws and customs
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Financial obligations related to trip changes or cancellations
9. PRIVACY AND DATA PROTECTION
9.1 Information Collection
SummitFlow collects and processes personal information as described in our Privacy Policy, including climbing experience, preferences, and contact information for partner matching purposes.
9.2 Data Security
While we implement reasonable security measures, we cannot guarantee absolute security of your information and you acknowledge the inherent risks of electronic data transmission.
10. PAYMENT AND REFUND POLICY
10.1 Service Fees
Fees for SummitFlow services are clearly displayed and must be paid in advance. All fees are non-refundable except as specifically provided in our refund policy or as required by law.
10.2 Trip Payments
For international climbing trips:
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Payment schedules will be provided with trip details
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Cancellation policies vary by trip and will be clearly disclosed
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You remain liable for costs incurred on your behalf
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Travel insurance may provide additional protection for trip cancellations
11. ACCOUNT TERMINATION
11.1 Termination by OnBelay
SummitFlow may terminate or suspend your access immediately, without prior notice, for:
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Violation of these Terms
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Unsafe or inappropriate behavior
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Fraudulent or misleading information
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Any conduct that may harm SummitFlow or other users
11.2 Effect of Termination
Upon termination, your right to use SummitFlow services ceases immediately, but your obligations under these Terms (including indemnification) survive termination.
12. DISPUTE RESOLUTION
12.1 Informal Resolution
Before pursuing formal legal action, parties agree to attempt resolution through direct communication and good faith negotiation.
12.2 Binding Arbitration
Any disputes not resolved informally shall be resolved through binding arbitration in Clark County, Nevada, under the rules of the American Arbitration Association.
12.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be limited to the dispute between you and SummitFlow individually and waive any right to participate in class actions.
13. GOVERNING LAW AND JURISDICTION
These Terms are governed by Nevada state law, without regard to conflict of law principles. Any legal actions not subject to arbitration must be brought in the state or federal courts located in Clark County, Nevada.
14. MODIFICATIONS AND UPDATES
14.1 Terms Updates
SummitFlow reserves the right to modify these Terms at any time. Changes will be effective upon posting on our website or application. Continued use of our services constitutes acceptance of modified Terms.
14.2 Service Changes
SummitFlow may modify, suspend, or discontinue any aspect of our services at any time without prior notice.
15. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy and Liability Waiver, constitute the entire agreement between you and SummitFlow.
16. EMERGENCY PROCEDURES
16.1 Emergency Contacts
Users are encouraged to:
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Maintain updated emergency contact information
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Inform contacts of climbing plans and expected return
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Carry emergency communication devices when appropriate
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Understand local emergency procedures for climbing areas
16.2 OnBelay's Role in Emergencies
OnBelay may assist in coordinating emergency response but is not obligated to do so and assumes no liability for emergency response efforts or outcomes.
17. CONTACT INFORMATION
For questions about these Terms and Conditions, please contact us at:
Email: climbersassistant@gmail.com
Website: www.onbelay.fit
18. EFFECTIVE DATE AND ACKNOWLEDGMENT
These Terms and Conditions are effective as of May 28, 2025, and supersede all previous versions.
By using OnBelay services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our separate Liability Waiver and Release Agreement.
Last Updated: June 3, 2025
REMEMBER: Your use of OnBelay services also requires execution of our separate Liability Waiver, Release, Assumption of Risk, and Indemnification Agreement, which contains additional critical legal provisions regarding assumption of risk and limitation of liability.