Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you (and, if you use the Service on behalf of an organization, that organization) and Climb Analytics, LLC, a Georgia limited liability company (“Climb Analytics,” “we,” “us,” or “our”). By accessing or using the website at climb-analytics.com (the “Site”) or the Climb Analytics application and related services (together with the Site, the “Service”), you agree to these Terms. If you do not agree, do not use the Service.

Application agreements. Authenticated use of the Climb Analytics application is also governed by the Subscription Terms of Use (paid or production customers) or the Pilot and Beta Agreement (invite-only pilots), each of which is accepted inside the application. Where one of those agreements conflicts with these Terms, it controls for authenticated use of the application; these Terms control for use of the public website.

1. Who may use the Service

You must be at least 18 years old and able to form a binding contract. If you use the Service for an organization, you represent that you are authorized to accept these Terms on its behalf, and “you” refers to that organization. You are responsible for all activity under your account and for keeping your credentials secure.

2. The Service

Climb Analytics is a business-intelligence and analytics product for pest-control and home-service operators. The Service reads data from third-party systems you connect — such as FieldRoutes, Podium, and Applause (“Third-Party Sources”) — and presents dashboards, leaderboards, forecasts, and other analytics derived from that data. The Service is an analytics layer only; it is not your system of record and does not replace your operational software.

You authorize us to access, ingest, and process data from the Third-Party Sources you connect, using the credentials or authorizations you provide, solely to operate and provide the Service to you. You are responsible for having the rights to connect those sources and share that data with us, and for the accuracy and completeness of the underlying data in your source systems.

3. Informational purposes only; no warranty of accuracy

All data, metrics, dashboards, leaderboards, forecasts, scores, and other outputs of the Service are provided for general informational purposes only. We do not warrant that they are accurate, complete, current, reliable, or fit for any purpose.

Analytics and forecasts are derived and estimated from data originating in Third-Party Sources that we do not control. That data may be incomplete, delayed, inconsistent, mis-entered, or unavailable, and our processing may involve assumptions, models, and derivations that do not reflect your actual results. Outputs may change as source data changes and may differ from the figures shown in your source systems.

The Service does not provide financial, accounting, tax, legal, employment, or other professional advice, and nothing in the Service is a recommendation to take or refrain from any action. You are solely responsible for any decision you make, and you should independently verify any figure against your systems of record before relying on it. You assume all risk arising from your use of, or reliance on, the Service and its outputs.

4. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service in violation of any law or the rights of others;
• access or use data you are not authorized to access, or connect a Third-Party Source you do not have the right to connect;
• reverse engineer, decompile, scrape, or attempt to derive the source code or underlying models of the Service, except as permitted by law;
• resell, sublicense, or provide the Service to third parties, or use it to build a competing product;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure, or introduce malicious code;
• remove or obscure any proprietary notices.

5. Your data, aggregated insights, and our data

Your data.As between you and us, you retain all rights in the data you connect or that we ingest on your behalf (“Customer Data”). You grant us a limited, non-exclusive license to host, copy, process, and display Customer Data to provide, secure, support, and improve the Service and as otherwise permitted in this Section 5 and our Privacy Policy. Except as expressly stated below, we process Customer Data on your behalf as your service provider / processor; our handling of personal information is described in the Privacy Policy.

Aggregated and de-identified insights.You grant us a non-exclusive, perpetual, worldwide license to create, use, and disclose aggregated and de-identified statistics, benchmarks, and market insights derived in part from Customer Data (“Aggregated Insights”), including to (i) provide benchmarking that shows you how your business compares to other operators, and (ii) produce industry and market-level analytics. With respect to Aggregated Insights, we act as an independent controller/business for our own account, separate from our processor role for raw Customer Data. Aggregated Insights are created only in conformance with the De-Identification & Aggregation Standard below, do not constitute personal information, and are not “sold” personal information.

De-Identification & Aggregation Standard. Before any data derived from Customer Data is used in a benchmark, market product, or any output visible outside your organization, we will: apply commercially reasonable technical and organizational measures so it cannot reasonably be re-identified or linked to you, any operator, or any individual; aggregate to a minimum cohort size (so any figure reflects a group of operators, never a single identifiable operator) and suppress small cells; withhold outputs where the cohort is too small to prevent re-identification (including in thin local markets); maintain business processes prohibiting re-identification and preventing inadvertent release; not attempt to re-identify the underlying data; and contractually prohibit any recipient from attempting re-identification.

Verified marketplace — opt-in only. We may offer a marketplace or program through which operators can make themselves discoverable to vetted brokers, buyers, or similar third parties (for example, for potential acquisition or financing). Your identity, your individual figures, and any personal information are made available to such third parties only if you give separate, affirmative, and revocable authorization, and only to the extent you choose. Absent that opt-in, nothing that identifies you or your business is disclosed to any broker or buyer. Enrollment in the marketplace and participation in benchmarking are separate choices.

Never-expose covenant. We will not expose your identity, your individual (non-aggregated) figures, or any personal information of your customers or employees to any other operator, broker, or third party except (a) in Aggregated Insights that meet the Standard above, or (b) with your applicable opt-in for the verified marketplace.

Our data. The Service, the Site, and all software, models, designs, text, graphics, and other materials we provide (excluding Customer Data) are owned by Climb Analytics or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved.

6. Third-Party Sources and services

The Service depends on Third-Party Sources and other third-party services that we do not control. We are not responsible for the availability, accuracy, security, or practices of any third party, for changes they make to their systems or APIs, or for any loss arising from them. Your use of a Third-Party Source is governed by your agreement with that provider. Names and logos of third parties are the property of their owners and are used for identification only; their appearance does not imply partnership or endorsement.

7. Fees

Paid subscriptions are billed as described in your order or plan. Unless stated otherwise, fees are non-refundable, exclusive of taxes, and may change on renewal with notice. Failure to pay may result in suspension or termination.

8. Disclaimer of warranties

The Service and all content and outputs are provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty of accuracy, completeness, timeliness, reliability, availability, or uninterrupted or error-free operation.

We do not warrant that the Service will meet your requirements, that outputs will be correct, or that defects will be corrected. No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

9. Limitation of liability

To the maximum extent permitted by law, Climb Analytics and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, or for any damages arising from your use of, reliance on, or inability to use the Service or its outputs — including any decision made or action taken based on any data, metric, or forecast — whether based in contract, tort (including negligence), strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the one (1) month immediately before the event giving rise to the claim, or (b) fifty U.S. dollars ($50).

These limitations are a fundamental basis of the bargain between you and us and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the smallest amount permitted by law.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.

10. Indemnification

You will defend, indemnify, and hold harmless Climb Analytics and its affiliates and their personnel from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your Customer Data, your use of the Service, your connection of any Third-Party Source, or your breach of these Terms or of any law or third-party right.

11. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service and disconnect your Third-Party Sources at any time. We may suspend or terminate your access at any time, with or without notice, including for suspected violation of these Terms or to protect the Service. Sections that by their nature should survive termination (including Sections 3, 5, 8, 9, 10, and 12) will survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute will be the state or federal courts located in Georgia, and you consent to their personal jurisdiction and venue. Any claim relating to the Service must be brought within one (1) year after it arises, to the extent permitted by law.

13. Changes

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will update the effective date above and, where appropriate, provide notice. Your continued use of the Service after changes take effect constitutes acceptance.

14. Miscellaneous

These Terms, together with any order and our Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remain in effect and the unenforceable provision will be limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

To sign in to the application, visit https://app.climb-analytics.com. For questions, contact legal@climb-analytics.com.

Company & notices. The Service is operated by Climb Analytics, LLC, a Georgia limited liability company. Legal notices may be sent by email to legal@climb-analytics.com.

Questions? Contact us at legal@climb-analytics.com.