THE ROAP APP

ROAP Coaching – Terms of Service

1. Introduction and Agreement to Terms

2. Governing Law and Jurisdiction

3. Eligibility and Assumption of Risk

4. Description of Services

5. Medical Disclaimer and Injury Policy

6. Pricing, Payments, and Subscription Terms

7. Cancellations, Refunds, and 

8. Intellectual Property

9. Limitation of Liability

10. User Conduct and Community Standards

11. Third-Party Services and App Stores

12. Technical Interruptions and Delays

13. Disclaimer of Warranties

14. Changes to Terms

15. Age Verification and Minor Use

16. Arbitration and Class Action Waiver

17. DMCA Compliance

18. Third-Party Locations Disclaimer

19. Indemnification

20. Refund Policy Reference

21. Educational Course Disclaimer

22. Health Emergencies and Assumption of Risk

23. Use of AI and Automated Content

24. Data Usage and Retention Policy

25. Platform Availability and Suspension

26. Pre-Arbitration Dispute Resolution Requirement

27. Results Disclaimer

28. Force Majeure

29. Refund Policy

30. GDPR and Global Data Protection

31. Privacy Policy and Personal Data Use

32. Refund and Cancellation Policy

33. Injury Risk and Liability Waiver

34. Contact Information

1. Introduction and Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the services provided by ROAP Coaching LLC (“ROAP,” “we,” “us,” or “our”), including any training plans, assessments, consultations, educational materials, and app-based features accessible through our mobile and web-based applications (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Services.

2. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of laws rules. You agree that any disputes arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Colorado.

3. Eligibility and Assumption of Risk

You must be at least 18 years of age to use our Services, or have express written consent from a parent or legal guardian if younger. You agree not to use the Services if you have been advised by a licensed medical professional to avoid physical activity or if you are aware of any condition that could place you at increased risk when engaging in training or assessments.

Climbing and physical training inherently involve risk, including but not limited to sprains, fractures, muscle strains, dislocations, and psychological stress. By using the Services, you voluntarily accept these risks and agree that ROAP Coaching is not liable for injuries or damages that may occur as a result of your participation.

4. Description of Services

a. Assessments

We offer remote and app-integrated physical performance assessments. These assessments are designed to evaluate your climbing-related fitness and readiness. Assessment results are based on the information you provide and your execution of exercises, and we are not responsible for any injury resulting from inaccurate data or improper execution. Eligibility criteria are provided at the time of purchase. If you are found ineligible, a full or partial refund may be issued according to our cancellation policy.

b. Training Plans

Training plans provided through the ROAP app or by our coaching team are designed to help climbers improve performance, conditioning, and injury resilience. Plans may be individualized, tiered by subscription level, or AI-enhanced based on your provided data. We do not guarantee performance outcomes. You are responsible for adjusting your participation based on injury, illness, or unexpected fatigue. Failure to follow prescribed rest or adjustments may increase risk of injury.

c. Consultations

We offer professional consultations with certified coaches. These sessions may be delivered via video conferencing, in-app communication, or email. Our staff will make reasonable efforts to guide you based on your climbing history, training background, and stated goals. You must disclose any relevant medical or physical limitations prior to the consultation. We reserve the right to refer you to medical professionals if your concerns are outside our scope of practice.

d. In-App Courses

Our app may host educational climbing and fitness courses. These are not personalized and should not be interpreted as medical advice. You are responsible for applying these materials appropriately and ceasing participation if pain, discomfort, or medical symptoms arise.

e. App Features and Logging

The App may include tools for training schedule creation, logging workouts, session timers, AI-generated feedback, and progress tracking. These tools rely on your accurate input. We are not responsible for inaccuracies, bugs, or the misuse of recommendations arising from faulty user data.

ROAP Coaching – Terms of Service (Part 2)

5. Medical Disclaimer and Injury Policy

ROAP Coaching staff are not licensed medical practitioners. No part of our Services, including assessments, training plans, consultations, or educational content, constitutes or substitutes for medical advice. You must consult a physician or qualified health professional for any medical concerns before beginning or continuing any physical training program.

If you experience any injury, physical symptoms, or discomfort while using the Services, you must immediately stop participating and seek medical advice. Continued use of the Services after injury without clearance from a qualified medical provider is at your own risk and may void your eligibility for refunds or plan continuation. If you are under an active training plan involving coach supervision, you must notify ROAP Coaching and receive confirmation before resuming training.

6. Pricing, Payments, and Subscription Terms

Prices for our Services, including one-time purchases, subscriptions, and in-app courses, are listed on our website and within the App. All fees are in U.S. Dollars unless otherwise stated. ROAP Coaching reserves the right to update pricing or modify Services at any time with at least 30 days' notice for ongoing subscriptions. Promotional pricing and limited-time discounts may be subject to expiration and are not retroactively applicable.

Subscription services will renew automatically at the end of each billing period unless canceled in accordance with our cancellation policy. You are responsible for ensuring that your payment method remains valid. Failed payments may result in service suspension or termination. Transaction and currency conversion fees from third-party payment processors may apply.

7. Cancellations, Refunds, and Termination

You may cancel your subscription or any non-subscription service through your account settings or by contacting support. Cancellations will take effect at the end of your current billing cycle unless otherwise specified. Refunds are available only as specified in our refund policy and may not apply to digital content accessed or partially used Services.

ROAP Coaching reserves the right to suspend or terminate your account for non-payment, violation of these Terms, abuse of Services, or any behavior deemed harmful to staff, other users, or the company. Termination may result in the loss of access to training history, in-app features, and course progress. We may retain limited access to user data for compliance, analysis, and account reactivation purposes as permitted by law.
More information on refunds in section 33.

8. Intellectual Property

All content provided by ROAP Coaching, including training plans, protocols, videos, assessments, visual interfaces, logos, and trademarks, is the property of ROAP Coaching or its licensors. These materials are protected by U.S. and international copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the content solely for your personal, non-commercial use. You may not reproduce, distribute, modify, reverse engineer, or publicly display any content without written permission from ROAP Coaching.

9. Limitation of Liability

To the fullest extent permitted by law, ROAP Coaching disclaims all liability for indirect, incidental, or consequential damages arising from your use of the Services. This includes, but is not limited to, loss of data, loss of earnings, or injury related to improper application of training or use of the App.

Our total liability to you for any claims under these Terms, whether in contract, tort, or otherwise, is limited to the amount paid by you to ROAP Coaching for the Services in the twelve (12) months preceding the claim.

10. User Conduct and Community Standards

You agree to use the Services in a respectful, lawful, and constructive manner. Harassment, hate speech, abuse, or any form of threatening behavior toward ROAP staff or other users is strictly prohibited. We reserve the right to suspend or ban users who violate these standards. You are also expected to respect privacy and refrain from sharing others' data or private content without explicit permission.

ROAP Coaching – Terms of Service (Part 3)

11. Third-Party Services and App Stores

Our Services may link to, integrate with, or be distributed through third-party platforms such as the Apple App Store, Google Play Store, or third-party payment processors. Your use of these platforms is subject to their respective terms and conditions. ROAP Coaching is not responsible for the actions, content, or policies of these third parties.

When downloading our App through Apple or Google, you agree to comply with the Apple Media Services Terms and Conditions and the Google Play Terms of Service, respectively. ROAP Coaching disclaims any liability related to actions taken by these platforms, including denial of service, data retention policies, or changes to their terms.

12. Technical Interruptions and Delays

We strive to ensure continuous access to our Services, but disruptions may occur due to maintenance, system outages, updates, or events beyond our control (e.g., natural disasters, internet outages, server failures).

If a significant disruption prevents you from accessing subscription services for an extended period, you may contact us for a proportionate refund of pre-paid fees. ROAP Coaching is not liable for any indirect losses arising from such service interruptions.

13. Disclaimer of Warranties

Our Services are provided 'as is' and 'as available' without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the App or any Service will be error-free, uninterrupted, or that the results obtained from use will be accurate or reliable.

You agree that your use of the Services is at your sole risk. We make no representations or warranties concerning any advice, training protocols, or recommendations provided through our Services or affiliated professionals.

14. Changes to Terms

ROAP Coaching reserves the right to modify or update these Terms at any time. Changes will be effective upon posting on our website or App. We will provide advance notice (typically at least 30 days) for any material changes to pricing, user obligations, or service limitations. Continued use of the Services after the changes take effect constitutes your acceptance of the new Terms.

15. Age Verification and Minor Use

By creating an account or accessing the Services, you affirm that you are at least 18 years of age, or that you are the parent or legal guardian of a minor who has been granted permission to use the Services. ROAP Coaching is not liable for any unauthorized use of the Services by individuals under 18 without verified consent.

16. Arbitration and Class Action Waiver

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be resolved by binding arbitration administered in Boulder County, Colorado, under the rules of the American Arbitration Association.

You waive any right to participate in class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity.

17. DMCA Compliance

If you believe any content hosted on or distributed through the Services infringes upon your copyright, please provide a written DMCA notice to support@roapcoaching.com with the required elements listed in 17 U.S.C. § 512(c)(3).

ROAP Coaching will promptly investigate and respond to valid copyright infringement notices in accordance with the Digital Millennium Copyright Act.

18. Third-Party Locations Disclaimer

ROAP Coaching is not responsible for the condition, safety, supervision, or policies of any third-party climbing facility, gym, or outdoor environment where training plans, educational content, or assessments are used.

You accept full responsibility for evaluating and ensuring the suitability and safety of any location in which you apply ROAP Coaching Services.

19. Indemnification

You agree to indemnify, defend, and hold harmless ROAP Coaching LLC, its affiliates, officers, employees, and agents from and against all third-party claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising from or related to your misuse of the Services, violation of these Terms, or breach of any representation or warranty herein.

20. Refund Policy Reference

All refunds are subject to the ROAP Coaching Refund Policy, which forms a part of these Terms. You can view the full policy at: [Insert Link to Refund Policy Page].

Refunds will not be issued for accessed or consumed digital content, including in-app training modules, partially completed assessments, or unlocked educational materials.

21. Educational Course Disclaimer

Educational content and in-app courses are provided for informational purposes only and are not tailored to individual medical or physical conditions.

You agree to apply course content at your own risk, and you are responsible for modifying or discontinuing any training based on your current health, fitness, and environment.

22. Health Emergencies and Assumption of Risk

You acknowledge that participation in physical training may cause or aggravate medical conditions or trigger health emergencies, including but not limited to cardiac events, asthma attacks, or musculoskeletal injuries. You agree that you are solely responsible for assessing your physical and mental condition before and during use of the Services.

ROAP Coaching is not liable for any medical event, emergency, or injury that occurs during or after participation in any training plan, assessment, or activity arising from use of the Services.

23. Use of AI and Automated Content

Certain features of the App may provide recommendations, feedback, or training plans generated by artificial intelligence or automated algorithms. These are based on the information you provide and are not reviewed by a certified coach unless otherwise stated.

ROAP Coaching makes no guarantees regarding the accuracy, safety, or efficacy of any AI-generated advice or plan. Use of these features is at your own risk, and you are responsible for evaluating whether such recommendations are suitable for your health and experience level.

24. Data Usage and Retention Policy

ROAP Coaching collects and stores data input through the App, including personal information, performance metrics, and behavioral interactions, to personalize, improve, and develop its Services.

We retain identifiable data as long as reasonably necessary to deliver the Services and comply with legal or regulatory obligations. You may request deletion of your personal data, but we may retain anonymized or aggregated data indefinitely for analytical and research purposes.

By using the App, you consent to ROAP Coaching’s use of all stored data for commercial, operational, research, and development purposes, in accordance with our Privacy Policy.

25. Platform Availability and Suspension

App availability is dependent on third-party platforms including but not limited to the Apple App Store and Google Play Store. ROAP Coaching is not responsible for platform-level restrictions, suspensions, or removals that impact your ability to access the App or Services.

If the App becomes unavailable due to actions by third-party platforms or providers, ROAP Coaching shall not be liable for any resulting loss, including financial or performance-based damages.

26. Pre-Arbitration Dispute Resolution Requirement

Before initiating formal arbitration or legal proceedings, you agree to submit a written notice of dispute to ROAP Coaching at support@roapcoaching.com and allow 30 days for informal resolution.

Failure to comply with this clause may affect your right to claim arbitration costs or damages.

27. Results Disclaimer

ROAP Coaching does not guarantee improvements in climbing grade, strength, endurance, or other athletic benchmarks through use of its Services. Results will vary due to individual physiology, adherence, training conditions, and other external factors.

You acknowledge that training outcomes are inherently uncertain and use of our Services does not promise specific performance benchmarks.

28. Force Majeure

ROAP Coaching is not responsible for any failure to perform or deliver Services due to causes beyond our reasonable control, including but not limited to natural disasters, power outages, pandemics, civil unrest, platform bans, cyberattacks, or failure of hosting services.

In such cases, service obligations may be delayed or suspended without liability.

29. Refund Policy

Refunds are subject to the ROAP Coaching Refund Policy, accessible at https://www.roapcoaching.com/refund-policy (or in-app under Settings > Billing).

Refunds are not guaranteed for partially used Services, accessed digital content, or failure to achieve expected results. Refunds will not apply retroactively or due to third-party platform disruptions.

30. GDPR and Global Data Protection

ROAP Coaching LLC complies with the General Data Protection Regulation (EU 2016/679), the UK GDPR, the California Consumer Privacy Act (CCPA/CPRA), and similar international data protection laws. We collect and retain training and technical data under the following lawful bases: consent, contractual necessity, legal obligation, and legitimate interest.

You grant ROAP Coaching the irrevocable right to retain, use, and analyze your training data (e.g., RPE, attempts, grades) to develop performance benchmarks, in-app assessments, and proprietary AI products. ROAP Coaching owns all de-identified and aggregated datasets compiled from user data. Upon account deletion, identifiable personal data will be removed, but anonymized datasets will be retained indefinitely and are exempt from deletion rights under GDPR.

ROAP Coaching is the data controller. Data processors include AWS, Stripe, Amplitude, and Google Analytics. International transfers are secured via SCCs and the UK Addendum. To exercise your rights, contact: privacy@roap.app.

31. Privacy Policy and Personal Data Use

We collect and process your name, email, account details, climbing metrics, video submissions, and device data to provide our services. AI profiling is used to adjust training plans and generate insights. These recommendations do not result in legally binding outcomes.

Your data is never sold. Anonymized benchmarking data is retained even after account deletion. You may opt out of identifiable profiling by emailing privacy@roap.app.

We require verified parental consent for users under 13. California users may request data access/deletion under CPRA. EU/UK users have rights under GDPR including erasure and data portability.

We use this data to:
- Deliver coaching and app content,
- Customize recommendations,
- Improve service quality and safety.

We do not sell your data. It may be shared with:
- Hosting providers (e.g., AWS),
- Analytics platforms (e.g., Amplitude, GA),
- Payment services,
- Marketing services (if opted-in).

Our AI uses your training data to generate tailored suggestions. These profiles may influence plan recommendations but not pricing or legal outcomes. You can opt out by contacting: privacy@roap.app.

If under age 13, parental consent is required per COPPA. If you are a California resident, you may:
- Access or delete your data;
- Opt out of its sale/sharing (note: we do not sell data).

You may request any privacy changes by emailing: privacy@roap.app.

32. Refund and Cancellation Policy

You waive your statutory 14-day cancellation right (EU/UK) once digital content is accessed.

Refunds are only issued if:
- There's a technical failure >7 days,
- Duplicate billing occurs,
- You suffer a medical injury (declared within 7 days before using content).

Partial refunds are not issued once services begin. Subscription cancellation prevents the next billing cycle but retains access until expiry.

Auto-renewal occurs unless cancelled 24+ hours before billing renewal. Cancel via Apple/Google account settings.

Refunds must be requested at: support@roap.app with your email, receipt, and reason. You will receive a response within 7 business days.

33. Injury Risk and Liability Waiver

Training and climbing involve significant physical risk, including but not limited to: tendon injuries, dislocations, chronic fatigue, falls, spinal trauma, cardiac arrest, and death.

By using this App, you affirm that you are medically cleared for high-intensity training and accept all associated risks. You waive any claims against ROAP Coaching LLC, its staff, and affiliates for injuries, illness, or death arising from use of its services, except where prohibited by law. This waiver survives termination of your account and is governed by Colorado law.

By using ROAP, you affirm:
- You are medically cleared to train,
- You accept responsibility for managing your fatigue and intensity,
- You will not hold ROAP Coaching or affiliates liable for injury, illness, or damage resulting from training plans or guidance.

ROAP provides unsupervised digital training. It is not a substitute for medical care or live coaching. Users under 18 must have parental consent.

Governing law: State of Colorado, USA. If any clause is invalid, all other terms remain enforceable.

This liability waiver survives termination of your use of the app.

34. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, your personal data, or our privacy practices, please contact us at:

ROAP Coaching LLC 
Email: privacy@roap.app
Support: support@roap.app
Jurisdiction: Boulder County, Colorado, United States

35. Service Interruptions and Third-Party Platforms

ROAP Coaching LLC shall not be liable for damages, losses, or claims arising from service interruptions, application malfunctions, third-party platform failures (including but not limited to Apple, Google, or cloud infrastructure), or user-generated errors. You acknowledge that digital services may experience temporary or sustained downtime outside our control and agree to hold ROAP Coaching harmless for any resulting data loss, training disruption, or billing impact.

36. Mandatory Arbitration and Class Action Waiver

To the maximum extent permitted by law, any dispute, claim, or controversy relating to these Terms or your use of the ROAP App shall be resolved exclusively by binding individual arbitration in Boulder County, Colorado, United States. You waive your right to participate in any class action or class-wide arbitration. This clause shall not prevent either party from bringing a claim in small claims court or from seeking injunctive or equitable relief.

37. No Coaching Guarantee or Personalized Outcome

ROAP Coaching provides general coaching principles and recommendations based on common training methodologies. You acknowledge that individual outcomes may vary due to numerous factors, including but not limited to prior experience, physical readiness, injury history, and environmental variables. ROAP Coaching disclaims all liability for injuries or unmet performance expectations resulting from your interpretation or application of any training guidance or assessment.

38. AI Use and Consent

You acknowledge and consent to ROAP Coaching's use of artificial intelligence (AI) and machine learning to analyze your climbing performance data and to adjust training content accordingly. AI models may use anonymized, aggregated data from all users to improve accuracy and training recommendations over time. These models do not replace professional coaching or medical advice and should be used as general guidance only. EU/UK users have the right to object to automated profiling under GDPR Article 22 and may contact privacy@roap.app to withdraw consent.

39. Age Restriction Compliance

The ROAP App is intended for users aged 13 and over. If you are under the age of 13, you are strictly prohibited from creating an account or using the App. If we become aware that a user under 13 has submitted personal data in violation of this policy, we will promptly delete the account and associated data. Parents or guardians who believe their child has violated this policy should contact us immediately.

40. Subscription Terms and Refund Handling

Subscriptions to ROAP Coaching services auto-renew unless canceled at least 24 hours prior to the end of the current billing cycle. Upon cancellation, access remains available until the end of the paid period. ROAP Coaching will issue refunds only in the following cases:

• Duplicate billing errors confirmed by our payment provider;

• Verified injuries reported within 7 days of purchase where training content was not accessed;

• App downtime lasting more than 7 consecutive days.

For purchases made via Apple or Google Play, users must request refunds directly through those platforms. ROAP Coaching cannot process mobile app refunds directly.

41. Governing Law Exceptions

These Terms are governed by the laws of the State of Colorado, United States. However, if you reside in a jurisdiction that does not allow foreign law to override local consumer protection laws, those mandatory local rights shall apply to the extent required. Nothing in these Terms shall exclude or limit rights that cannot be excluded under applicable consumer law.

42. Performance Disclaimer

ROAP Coaching makes no representations or guarantees regarding your athletic or climbing performance outcomes. Improvement depends on a wide range of individual variables including, but not limited to, consistency, recovery, nutrition, psychological readiness, and health. The App is a support tool, not a promise of progression, success, or injury prevention.

43. Final Contact Information

If you have any questions or concerns regarding these Terms of Service, privacy practices, data protection rights, or your account, please contact us at:

ROAP Coaching LLC
📧 Email: privacy@roap.app
📞 Support: support@roap.app
📍 Jurisdiction: Boulder County, Colorado, United States

THE ROAP APP