Terms of Service

1. Acceptance of These Terms

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 13 years old to create an account and use the Services. You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase a Wall Pass or enter into any paid subscription. If you are under 18, you may use the free features only with the involvement of a parent or legal guardian. By using the Services, you represent that you meet these requirements and that the information you provide is accurate.

3. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate information, including your legal name, which partner gyms may use to verify your identity when you redeem a day pass. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

4. The App and Free Features

The TORVA app is free to download and use. Free features include gym browsing, visit tracking, your digital passport, achievements, and the community feed. We may modify, add, or remove features at any time.

5. The TORVA Wall Pass

The TORVA Wall Pass is an optional annual subscription that entitles the holder to one (1) discounted day pass at each participating partner gym per subscription year. The amount and terms of the discount are set by each partner gym individually and may vary from gym to gym; TORVA does not guarantee a specific discount amount at any gym. Discounts are personal to you, non-transferable, may not be shared or resold, and may not be combined with other offers. Redemption is subject to each gym’s availability, hours, waivers, and policies. The set of participating gyms may change over time, and we do not guarantee that any particular gym will remain in the network.

Redemption is completed using a one-time code or QR code generated in the App, valid for a limited time and tied to your account. You may not share, photograph, screenshot, transfer, or otherwise allow another person to use your redemption code, and gym staff may request photo identification matching the name on your account before honoring a redemption. We may investigate suspected misuse, and we may suspend or terminate the account of, and deny future redemptions to, any user who shares, resells, or fraudulently uses a redemption code or any other Wall Pass benefit.

6. Subscriptions, Billing, and Refunds

Wall Pass pricing is presented at the point of purchase. Unless stated otherwise, subscriptions are billed in advance on an annual basis and renew automatically at the then-current price until cancelled. You may cancel at any time before your renewal date; cancellation stops future charges but does not retroactively refund the current term, except where required by law.

Payments made through our website are processed by Stripe, and payments made through a mobile app store are processed by Apple or Google under their terms, which also govern renewals, cancellations, and refunds for those purchases. Except where required by law or expressly stated, payments are non-refundable.

7. User Content and License

You retain ownership of the content you create or upload, including posts, photos, stamps, notes, ratings, and comments (“User Content”). You grant TORVA a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute your User Content solely to operate, provide, and promote the Services. You represent that you own or have the necessary rights to your User Content and that it does not infringe any third party’s rights or violate any law.

8. Acceptable Use

You agree not to:

• post content that is unlawful, harassing, hateful, defamatory, obscene, or infringing;
• impersonate any person or misrepresent your affiliation;
• harass, threaten, or harm other users;
• submit false stamps, fraudulently redeem day passes, or abuse promotions;
• attempt to access accounts or data that are not yours;
• scrape, reverse engineer, or interfere with the Services or their security; or
• use the Services for any illegal purpose or in violation of these Terms.

9. Content Moderation and Enforcement

We may, but are not obligated to, review, screen, filter, or remove User Content, and we may suspend or terminate accounts that violate these Terms or that we determine, in our reasonable discretion, harm the community or the Services. Certain content may be subject to automated filtering and human review before it appears publicly.

10. Copyright (DMCA) Takedown Procedure

TORVA respects intellectual property rights and responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe content on the Services infringes your copyright, send a written notice to our designated agent that includes:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to be infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Services;
• your contact information, including address, telephone number, and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Send notices to our designated agent at hello@torvaclimbing.com. If you believe content you posted was removed in error, you may submit a counter-notification containing the information required under 17 U.S.C. § 512(g). We may remove or disable access to allegedly infringing content, and we may terminate the accounts of users determined to be repeat infringers.

11. Intellectual Property

The Services, including the TORVA name, logo, design, and software, are owned by TORVA and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes. All rights not expressly granted are reserved.

12. Partner Gyms and Third Parties

Partner gyms are independent businesses that we do not own or control. Your use of any gym is subject to that gym’s own rules, waivers, memberships, and requirements, and TORVA is not responsible for the acts, omissions, facilities, or services of any gym or other third party. A day-pass discount does not exempt you from a gym’s standard policies.

13. Assumption of Risk

Climbing and related activities are inherently dangerous and can result in serious injury or death. TORVA does not operate gyms, provide instruction, supervise climbing, or inspect facilities or equipment. You are solely responsible for climbing safely and within your ability, and you assume all risks associated with your use of any gym or participation in any activity. Always follow each gym’s safety rules and staff instructions.

14. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY GYM, DISCOUNT, OR CONTENT WILL BE AVAILABLE.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TORVA AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES OR ANY GYM. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TORVA IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Force Majeure

TORVA will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, riot, labor dispute, governmental action, internet or telecommunications failure, or failure of a third-party service provider (including Supabase, Stripe, Resend, or app store platforms).

17. Indemnification

You agree to indemnify and hold harmless TORVA from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third-party right.

18. Dispute Resolution; Arbitration; Class Waiver

Informal resolution. Before filing a claim, you agree to first contact us at hello@torvaclimbing.com and attempt to resolve the dispute informally for at least 60 days.

Binding arbitration. If we cannot resolve the dispute, you and TORVA agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except that either party may bring an individual claim in small claims court. The arbitration will take place in New Jersey or another mutually agreed location, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and TORVA agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

Jury-trial waiver. You and TORVA waive any right to a jury trial where arbitration applies.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@torvaclimbing.com with your name and a statement that you wish to opt out. Opting out does not affect any other part of these Terms.

19. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Subject to Section 18, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New Jersey, and you consent to their jurisdiction.

20. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. Sections that by their nature should survive termination will survive, including Sections 7 and 10–19.

21. Electronic Communications Consent

By using the Services, you consent to receive communications from us electronically, including by email, push notification, and postings on the Services, and you agree that these communications satisfy any legal requirement that such communications be in writing. This consent applies to notices, disclosures, receipts, policy updates, and other communications related to your account and the Services.

22. Mobile Application and App Stores

If you download the App from the Apple App Store or Google Play, you also agree to their terms. The following apply to the extent you obtained the App from the Apple App Store: these Terms are between you and TORVA, not Apple, and Apple is not responsible for the App or its content; Apple has no obligation to provide support or handle warranty claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. embargo or designated as a “terrorist supporting” country and are not on any U.S. list of prohibited or restricted parties.

23. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new “Last updated” date and, where required, provide additional notice. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

24. General

These Terms and the Privacy Policy are the entire agreement between you and TORVA regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right 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.

25. Contact Us

Torva Climbing LLC
hello@torvaclimbing.com