Climb Analytics Subscription Terms of Use

Effective date: July 10, 2026

These Subscription Terms of Use govern paid or production access to Climb Analytics, including the web application, dashboards, reports, data integrations, forecasts, benchmarking, data products, and related support services. If a signed order form, statement of work, master services agreement, or customer-specific agreement conflicts with these terms, that signed agreement controls for the conflicting subject.

0. Parties

These terms are a binding agreement between you and the customer organization that granted you access ("Customer"), on the one hand, and Climb Analytics, LLC, a Georgia limited liability company in formation (together with its promoters and, upon formation, the formed company, "Climb Analytics," "we," "us," or "our"), on the other. Climb Analytics is in the process of organizing as a Georgia limited liability company. Until that organization is complete, the Climb Analytics service is provided by its organizer(s) and operating affiliate, who intend that the Climb Analytics, LLC entity, once formed, will adopt and assume these terms as provided in the "Adoption on formation; assignment" section below. Notices to Climb Analytics must be sent to legal@climb-analytics.com, Attn: Legal.

1. Authorized users and access

Climb Analytics is provided to the customer organization that granted you access. You may use the service only for that organization, only for lawful internal business purposes, and only under the account assigned to you.

You are responsible for keeping your login secure, promptly reporting suspected unauthorized access, and all activity performed through your account. The customer is responsible for managing users, organization settings, connected systems, and permissions.

2. Customer data and connected systems

Your organization is responsible for the accuracy, legality, permissions, and configuration of data supplied to Climb Analytics, including data from field-service management, customer-communication and reputation, payroll and HR, and accounting systems, along with spreadsheets and other connected systems.

Your organization authorizes Climb Analytics to collect, ingest, transform, store, process, analyze, display, and transmit that data as needed to provide the platform, support the organization, troubleshoot issues, maintain security, improve the service, and develop analytics products.

3. Data products, benchmarking, and derived analytics

Climb Analytics is a data and analytics company. Customer source data remains the customer's data, but Climb Analytics may create metrics, models, benchmarks, scores, forecasts, aggregations, de-identified datasets, trend analyses, and other derived analytics from platform activity and connected data.

Climb Analytics may use aggregated or de-identified information that does not identify a specific customer, household, employee, consumer, or organization to improve the platform, publish benchmarks, train or tune analytical models, build new data products, produce market insights, and support commercial analytics offerings.

Climb Analytics will not sell customer-identifiable source data as a standalone data product without the customer's written agreement.

Aggregated or de-identified information will be produced only where it cannot reasonably be used to identify a specific customer, organization, household, employee, or consumer; Climb Analytics will apply commercially reasonable aggregation and small-cohort suppression and will not attempt to re-identify de-identified information. Climb Analytics will make available a plain-English description of the categories of data it uses for these purposes and why.

"Transaction / Valuation Data" means M&A, transaction, capital-raising, diligence, valuation, broker, buyer, lender, bank, tax, and advisory materials and any data prepared for or derived from them — including confidential information memoranda (CIMs), data-room contents, customer-level revenue or concentration figures, payroll and compensation data, tax returns and bank statements, and vehicle VIN, plate, driver, or fleet-financing data — regardless of the system or tab through which it is supplied to or accessed within Climb Analytics.

Transaction / Valuation Data is excluded from the derived-analytics, aggregation, de-identification, benchmarking, market-insight, model-training, and data-product rights described in this section. Climb Analytics will use Transaction / Valuation Data solely to provide the requested service to the authorized Customer and its authorized recipients for the specific transaction, and will not include Transaction / Valuation Data in aggregated insights, benchmarks, marketplace or data products, model or AI training, or any external distribution, unless the Customer expressly authorizes that exact use in a separate written Data Authorization. Access by any broker, buyer, investor, lender, or external advisor requires that separate Data Authorization plus the recipient's acceptance of external-recipient terms.

4. Subscription fees, billing, and payment

Recurring subscription fees, setup fees, usage fees, payment terms, and billing start dates are stated in the applicable order form, invoice, checkout flow, or written commercial approval. Unless a separate written agreement says otherwise, subscription fees are billed in advance and are non-refundable except where required by law or expressly stated in writing by Climb Analytics.

Customer is responsible for taxes, payment processing fees caused by failed payment methods, and reasonable collection costs for overdue amounts. Climb Analytics may suspend access for unpaid amounts after reasonable notice.

If a customer is using the service under a pilot, beta, evaluation, or trial arrangement, the pilot terms or written invitation control fees during that period. Continued use after the pilot period may require a paid subscription.

5. Confidentiality and security

Each party may receive confidential information from the other. Confidential information must be protected using reasonable care and used only for the purposes allowed by these terms or a separate written agreement.

Climb Analytics uses administrative, technical, and organizational controls designed to protect customer data. No system can be guaranteed to be error-free or immune from unauthorized access.

6. Service changes, support, and availability

Climb Analytics may update, improve, add, or remove features from time to time. Support is provided through the channels and response expectations agreed with the customer or otherwise made available by Climb Analytics.

The service depends on third-party systems, APIs, networks, identity providers, and data sources. Climb Analytics is not responsible for outages, delays, inaccuracies, permission changes, rate limits, API changes, or data gaps caused by third-party systems or customer configuration.

7. Evaluation, pilot, beta, and preview use

If access is provided for evaluation, pilot, test, or trial use, the platform may be used only for evaluation and internal business review unless a separate written commercial agreement says otherwise. Continued access may require paid subscription terms, an order form, or another written agreement.

Beta, preview, or experimental features may be incomplete, may change, and may be discontinued. They are provided for evaluation and feedback and should not be treated as guaranteed production commitments unless Climb Analytics states otherwise in writing.

8. User responsibilities

You may not misuse the service, bypass access controls, scrape or export data except through authorized product workflows, interfere with platform operations, upload malicious content, or use the platform to violate law or third-party rights.

You may not use Climb Analytics to build a competing service, reverse engineer the platform, attempt to discover source code or non-public models, or access another organization's data.

9. Feedback and product development

Customer and users may provide ideas, requests, bug reports, workflow suggestions, and other feedback. Climb Analytics may use feedback without restriction or obligation to build, improve, commercialize, or modify the platform, analytics models, benchmarks, and related products.

10. Ownership

Customer source data remains the customer's data. Climb Analytics owns the platform, software, workflows, documentation, models, aggregate learnings, product improvements, and other Climb Analytics technology. No rights are granted except the right to use the service as allowed by these terms or a separate written agreement.

11. Disclaimers

Climb Analytics provides analytics, forecasts, and decision-support information. The service does not replace customer judgment, operational controls, legal advice, accounting advice, payroll advice, tax advice, or professional review. Outputs may be incomplete or inaccurate if source data is incomplete, delayed, mislabeled, or misconfigured.

Except as expressly stated in a signed agreement, the service is provided "as is" and "as available" without warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, or error-free output.

12. Limitation of liability

To the maximum extent allowed by law, neither party is liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages arising from or related to the service, even if advised of the possibility.

Except for amounts owed, confidentiality obligations, intentional misconduct, or misuse of the service, each party's total liability for claims arising from or related to the service is limited to the fees paid or payable to Climb Analytics for the affected service during the twelve months before the event giving rise to the claim.

13. Termination and data return

Climb Analytics or the customer may terminate access as allowed by the applicable order form, invoice, written agreement, or law. Climb Analytics may suspend or terminate access immediately for security risk, illegal use, non-payment, misuse, or violation of these terms.

After termination, the customer remains responsible for amounts owed before termination. The provisions that survive expiration or termination are identified in Section 18 (Survival).

Data return and deletion after termination. Within a reasonable period after these terms terminate (and no later than thirty (30) days after Customer's written request), Climb Analytics will, at Customer's election, make available for export or delete Customer source data supplied under these terms, except for (a) data the Customer has separately authorized Climb Analytics to retain, (b) aggregated or de-identified information that does not identify the Customer, its personnel, or its consumers, and (c) copies retained in routine backups or as required by law, which remain subject to these terms' confidentiality and data-rights terms until deleted in the ordinary course. Transaction / Valuation Data will be returned or deleted in accordance with Section 3 and any applicable Data Authorization.

14. Terms updates and organization overrides

Climb Analytics may update these Terms of Use. A Climb platform legal administrator may also apply an organization-specific terms override when a customer-specific agreement or policy is required. Users may be required to accept the current applicable version before continuing to use the platform.

15. Electronic acceptance

By selecting accept, checking the acknowledgement, entering your name where requested, or otherwise manifesting assent through the product, you agree that your electronic acceptance is your signature. Climb Analytics may retain the accepted version, full policy snapshot, acceptance date, account identity, organization, IP address, user agent, and related audit metadata.

Authority to bind. If you are accepting these terms on behalf of a customer organization (for example, as an owner, admin, or authorized signer), you represent and warrant that you are authorized to bind that organization to these terms, and "you" includes that organization. If you do not have that authority, you must not accept on the organization's behalf.

16. Separate agreements

If your organization has signed a separate agreement with Climb Analytics, that agreement controls where it conflicts with these Terms of Use. These Terms of Use apply to the extent they do not conflict with that separate agreement.

17. Adoption on formation; assignment

Upon the organization of Climb Analytics, LLC as a Georgia limited liability company, Climb Analytics, LLC will be deemed to have adopted, ratified, and assumed these terms and all rights and obligations under them, as of each Customer's original acceptance date, and will be substituted as the "Climb Analytics" party. You consent in advance to that adoption and to Climb Analytics' assignment of these terms to Climb Analytics, LLC (or to any successor entity in a reorganization, financing, or sale of substantially all assets), and no further signature or re-acceptance is required for that substitution to take effect. Climb Analytics will make the formed entity's legal name and registered office available on request and in the then-current published terms.

18. General

Governing law; venue. These terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these terms or the service is the state or federal courts located in Georgia, and each party consents to personal jurisdiction there.

Time to bring claims. Except where prohibited by law, any claim arising out of or relating to these terms or the service must be brought within one (1) year after the claim accrues, or it is permanently barred.

Entire agreement. These terms, together with any order form, written invitation, or separate written agreement referenced here, are the entire agreement between the parties about the service and supersede all prior or contemporaneous understandings about that subject.

Severability. If any provision of these terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force.

Survival. Sections concerning ownership and intellectual property, data rights, confidentiality, disclaimers, limitation of liability, payment obligations accrued before termination, dispute resolution, and audit records survive expiration or termination of these terms.

Precedence. If these terms conflict with Climb Analytics' published website Terms of Use, these terms control for your authenticated use of the Climb Analytics application; the website Terms of Use control for use of the public website. If a signed order form or separate written agreement conflicts with either, that signed agreement controls for the conflicting subject.

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