Terms of Use

1. Accepting these terms

By creating a SendIt account, tapping “I agree” on the community rules screen, or otherwise using SendIt, you accept these terms, our Community Guidelines (which form part of these terms) and our Privacy Policy. If you don’t accept them, please don’t use SendIt.

In these terms, “SendIt” means the SendIt apps, the website at senditbouldering.com and the services behind them. “We”, “us” and “our” mean SendIt Bouldering Limited.

2. Who can use SendIt

• You can use SendIt’s logbook on your phone without an account.
• To create an account, you must be at least 16 years old and allowed to use SendIt under the laws that apply to you. The app asks for your birth month and year when you set up your profile. If we learn an account belongs to someone younger, we’ll close it.
• If you use SendIt for a business, such as a gym, coaching or a club, you confirm you have authority to accept these terms for it.

3. Your account

• Give accurate information, keep one account, and keep your sign-in secure.
• You’re responsible for what happens on your account. Tell us straight away at support@senditbouldering.com if you think someone else is using it.
• We will never ask for your password or a sign-in code. Don’t share them.
• Usernames are unique and can be changed in the app. Names reserved for SendIt, or that break the Community Guidelines, can’t be used, and we may change or reset a name that breaks them.

4. Your information

You agree that SendIt Bouldering Limited may collect, store, use and share information about you and your use of SendIt as described in our Privacy Policy, as it’s updated from time to time. That policy explains what we collect, why, who we share it with and the choices you have.

We may also create information that is aggregated or de-identified so that it no longer identifies you, such as how busy gyms are, or how grades compare between gyms. We own that information and may use and share it for any purpose, including research, developing new products and commercial arrangements.

5. Your content

You own it

You keep ownership of everything you create on SendIt: your climbs, sessions, notes, photos, videos, posts, comments and messages (“your content”).

The permission you give us

So that SendIt can work, you give SendIt Bouldering Limited a worldwide, non-exclusive, royalty-free licence to host, store, back up, copy, process, adapt (for example compress, trim, crop, transcode or make thumbnails of), display and share your content, in order to:

• provide SendIt to you and show your content to the people you choose to share it with;
• keep SendIt safe, including checking content automatically and by hand, and acting on reports;
• fix problems, and improve and develop SendIt; and
• comply with the law.

We may let our service providers exercise this licence on our behalf, and it passes to anyone who takes over SendIt (see General). It ends when you delete the content or your account, except for copies that remain in our backups for a limited time (see our Privacy Policy), content other people have already received from you (like a message you sent them), and anything we need to keep to comply with the law or deal with a safety issue.

Other people can see and interact with what you share with them, only within SendIt’s features. If we’d like to use your content to advertise SendIt outside the app, we’ll ask you first.

Your promises about your content

• You have the right to share it, including any music, images or text in it.
• The people who appear in it are happy to be shared, and you have a parent’s or guardian’s permission for any child who does.
• It follows these terms, the Community Guidelines and the law.

Other people’s content

Content on SendIt is the responsibility of the person who posted it. We don’t check everything before it appears and we don’t endorse it. Grades, Beta and gym details shared by other climbers may be wrong. We may review, refuse or remove any content, but we’re not obliged to.

6. Community rules and moderation

Everyone on SendIt must follow the Community Guidelines. If you break them or these terms, we may remove content, reset a name, photo or bio, warn you, suspend your account, or close it, depending on how serious it is. For serious harm or illegal content we may act immediately and without warning, and report it to the authorities.

We use automated checks to help find content that breaks the rules, particularly in public posts and names. Decisions to warn, suspend or close an account are made by a person. If you think we got something wrong, tell us within 30 days (see appeals).

7. Using SendIt properly

You must not:

• copy, sell or commercially exploit SendIt, or use it to build a competing service;
• scrape or harvest data, use bots or automated access, or get around a limit, block or security measure;
• access or try to access accounts, data or systems that aren’t yours, or test SendIt’s security without our written permission (if you find a security problem, please tell us);
• reverse engineer or modify the app, except as far as the law allows despite this term;
• upload viruses or anything designed to harm SendIt or its users; or
• use SendIt for anything illegal, harmful or fraudulent.

8. Climbing is dangerous

Climbing carries a real risk of serious injury. SendIt is a logbook and a way to share climbing with other people. It is not safety equipment, coaching, medical or professional advice. Despite its name, Coach sets and tracks goals from what you log. It is not a qualified coach, and nothing it suggests is professional training or medical advice. You’re responsible for deciding whether a climb or a goal is safe for you, and for following your gym’s rules.

9. SendIt Standard, Pro and payments

SendIt Standard is free. SendIt Pro adds the features and higher limits described on our Pro page. We may change which features are in each plan, and the storage and other limits that apply, and we’ll give you reasonable notice of any change that reduces what you get.

There are no purchases in SendIt yet. If paid plans launch, they will be sold through Google Play or the App Store, whose payment, renewal and refund terms will also apply. We’ll show the price and what’s included before you buy, and tell you in advance of any price change. You’ll be able to cancel at any time through your store account.

Pro free for life

Every SendIt account created before SendIt’s public launch (the day it first becomes available to the public on Google Play or the App Store) gets SendIt Pro at no charge for as long as we offer Pro. It includes the same features and fair-use limits as paid Pro, which may change over time. It belongs to that account and can’t be moved to another, and it ends if the account is deleted, or closed for breaking these terms or the Community Guidelines.

10. Your data, backups and data loss

Please read this section carefully. It explains what we do to keep your data safe, what we can’t promise, and what you should do yourself.

Where your data lives

Your logbook is stored on your phone first. With an account, a copy is also kept in the cloud so it can be restored on another phone, and videos and photos you back up are stored in the cloud too. Our Privacy Policy explains where.

What we do

We use established cloud providers and take reasonable care to protect your data, including keeping regular backups of our database. We provide SendIt with reasonable care and skill.

What we can’t promise

No app or cloud service is perfect. We can’t promise that SendIt will always be available or free of errors, or that data and content stored on your device or with us will never be lost, damaged or become unavailable. That can happen, for example, if your phone is lost, reset or damaged; if the app is uninstalled before your data has synced; through software faults, outages or failures at our providers; through a cyberattack; when you delete content or your account; when something is left in Trash past its time; or when an account is closed.

What you should do

• Keep your own copies of anything you can’t replace. SendIt is not a backup or archiving service and shouldn’t be the only place something important is kept. Keep the original videos and photos in your phone’s gallery or your own storage.
• Let the app finish syncing before you uninstall it or change phones.
• Don’t rely on messages, posts or comments as a record of anything important.

Our responsibility if data is lost

As far as the law allows, we’re not liable for data or content that is lost, damaged or unavailable, or for the cost of recovering or recreating it, unless it was lost because we failed to use reasonable care and skill. If you’ve paid for SendIt and lose data or access because of something we did wrong, we’ll give you the remedies the law requires, and at least a refund of what you paid for the time you couldn’t use it. This section doesn’t limit your rights under the Consumer Guarantees Act or the Australian Consumer Law (see section 16).

11. Changes to SendIt, and if SendIt closes

SendIt keeps changing: we may add, change or remove features, and take SendIt offline for maintenance. If we decide to close SendIt, or stop storing data in the cloud:

• we’ll give you at least 30 days’ notice in the app or by email, unless something outside our control makes that impossible;
• you’ll have that time to download or export your data where the app offers a way to, and your logbook stays on your phone; and
• we’ll refund any part of a paid plan you’ve paid for but can’t use.

12. Suspending or closing accounts

You can delete your account at any time in the app, or by following the steps on our account deletion page.

We may suspend or close your account, or limit what it can do, if you break these terms or the Community Guidelines, if we must to comply with the law, or if it’s needed to protect other people or SendIt. Where it’s reasonable, we’ll tell you why and give you a chance to respond. A suspended account can still sign in to see the reason and contact us.

When an account is closed, its data is deleted as described in our Privacy Policy. The sections of these terms that by their nature should continue after an account ends (for example your content licence for retained copies, section 10 and sections 15 to 19) keep applying.

13. SendIt’s own content

The SendIt apps, website, name, logos, design, grade conversions and other content we create belong to SendIt Bouldering Limited or our licensors. We give you a personal, non-transferable licence to use SendIt under these terms. Nothing else is licensed to you.

If you send us feedback or ideas, we may use them freely, without owing you anything.

14. Complaints about content

Copyright

If you believe something on SendIt infringes your copyright, email support@senditbouldering.com with “Copyright complaint” in the subject, and include: your name and contact details; the work you own; where the content is on SendIt (username, post or link); and a statement that you believe in good faith the use isn’t authorised and that the information you give is accurate. We’ll act promptly, which may include removing the content. We close the accounts of people who repeatedly infringe.

Harmful digital communications (New Zealand)

If content on SendIt harms you and you believe it breaches the communication principles in New Zealand’s Harmful Digital Communications Act 2015, you can make a complaint to us as the online content host. Email support@senditbouldering.com with “Harmful digital communication complaint” in the subject, and include: your name and a phone number, email or address we can reach you at; exactly where the content is; why you think it is unlawful or breaches one or more of the communication principles, and how it harms you; and whether you’re happy for your name and contact details to be passed to the person who posted it. We’ll follow the process set out in section 24 of that Act, including contacting the author within 48 hours. You can also contact Netsafe for help.

You can also report anything that breaks the Community Guidelines in the app at any time.

15. What we promise, and what we don’t

We provide SendIt with reasonable care and skill. Apart from that, and from any guarantee the law says we can’t exclude, SendIt is provided “as is” and “as available”, and we give no other promises, for example that it will meet every need you have, always be available, or that information in it (such as grades, Beta or gym details) is accurate.

16. Consumer law

If you use SendIt as a consumer, you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in New Zealand, or the Australian Consumer Law if you’re in Australia, that can’t be excluded. Nothing in these terms takes away or limits those rights, and every limit in these terms applies only as far as those laws allow.

If you use SendIt for the purposes of a business, you agree that the Consumer Guarantees Act 1993 doesn’t apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 don’t apply, to the extent allowed by those Acts, and that it is fair and reasonable for you to be bound by this.

17. Limits on our liability

As far as the law allows:

• we’re not liable for any indirect or consequential loss, or for loss of profits, revenue, business, goodwill or opportunity, however it arises;
• we’re not liable for loss caused by things outside our reasonable control, such as failures of networks, power, your device or our providers, natural events or cyberattacks;
• we’re not liable for other people’s content or conduct, on SendIt or off it; and
• our total liability to you for all claims about SendIt is limited to the greater of NZ$100 and the total you paid us for SendIt in the 12 months before the claim.

These limits don’t apply to liability for fraud or wilful misconduct, or to any liability the law doesn’t allow us to limit.

18. Your responsibility to us

If you break these terms, the Community Guidelines or the law, or your content infringes someone else’s rights, you’re responsible for the loss that causes us, including reasonable costs of dealing with claims made against us because of it, as far as the law allows.

19. Changes to these terms

We may update these terms as SendIt changes or the law does. We’ll change the date at the top of this page, and for important changes we’ll tell you in the app or by email at least 14 days before they apply, unless the change is needed sooner for legal or safety reasons. The app may ask you to agree to the new terms before you share anything else. If you keep using SendIt after changes apply, you accept them. If you don’t accept them, you can stop using SendIt and delete your account.

20. General

• Law. New Zealand law governs these terms, and the courts of New Zealand can deal with any dispute. If you’re a consumer in Australia, you keep the protection of Australian law and may bring a claim there too.
• Talk to us first. If you have a problem with SendIt, please email us before starting a claim, so we can try to put it right.
• Transfer. We may transfer this agreement, and the information and content we hold, to a company that takes over SendIt or our business, and your agreement continues with them. You can’t transfer your account or this agreement.
• If part of these terms doesn’t apply. If a court decides a part is invalid, the rest still applies.
• No waiver. If we don’t enforce part of these terms straight away, we can still enforce it later.
• Whole agreement. These terms, the Community Guidelines and the Privacy Policy are the whole agreement between you and us about SendIt.
• App stores. Google and Apple aren’t parties to these terms and aren’t responsible for SendIt or its support. Their own terms also apply to your use of their stores and devices. If you downloaded SendIt from the App Store, Apple and its subsidiaries may enforce these terms against you as third-party beneficiaries.

21. Contact

SendIt Bouldering Limited, Wellington, New Zealand. Email support@senditbouldering.com. For help with the app, see Support.