Terms of Service

Last Updated: 7/19/2025

Welcome to Covaera ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our comprehensive event management platform ("Service") that enables users to create, manage, promote, and participate in outdoor sports and recreational events.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Definitions and Eligibility

1.1 Definitions

• "Platform" means the Covaera website, mobile applications, and all related services
• "Organizer" means users who create and manage events on the Platform
• "Participant" or "Attendee" means users who register for and attend events
• "Event" means any activity, competition, or gathering organized through the Platform
• "Content" means any text, images, videos, data, or other materials posted on the Platform
• "Digital Waiver" means electronic liability releases and waivers executed through the Platform
• "Series" means a collection of related events managed as a group with unified standings or competitions

1.2 Eligibility and Age Requirements

General Platform Access: Anyone may create an account and browse events on the Platform. By creating an account, you represent that you are either:

• At least 18 years old and have the legal capacity to enter into these Terms, OR
• A minor (under 18) acting with the knowledge, permission, and supervision of a parent or legal guardian who has reviewed and agrees to these Terms on your behalf

Event Organization and Payment Collection: To create events that collect payments, you must:

• Be at least 18 years old
• Complete Stripe Connect verification, which requires identity verification, bank account information, and tax details
• Have the legal capacity to enter into financial agreements and receive payments
• Comply with all applicable laws regarding business operations and tax obligations

Age Verification Through Financial Services: While we do not verify ages during basic account creation, payment collection features require third-party financial verification through Stripe Connect, which independently verifies user identity and age for compliance with financial regulations.

Parental Responsibility for Minors: If you are a parent or guardian allowing a minor to use the Platform:

• You agree to supervise the minor's use of the Platform
• You accept full responsibility for the minor's activities and compliance with these Terms
• You agree to be legally bound by these Terms as if you were the user
• You acknowledge responsibility for any charges, damages, or violations caused by the minor
• You understand that minors cannot organize paid events or collect payments through the Platform

Event Participation: Minors may participate in events only with explicit parental consent for each specific event. Event organizers may require additional parental documentation, waivers, and permissions for minor participants.

2. Platform Services and Scope

2.1 Core Services

We provide a comprehensive self-service platform that includes:

• Event Management: Creation, publication, registration, and management tools
• Payment Processing: Secure payment collection through Stripe integration
• Digital Waivers: Electronic liability release and waiver management
• Insurance Services: Event insurance facilitation through our partner Thimble
• Reservation System: Time slot booking and availability management
• Series Management: Multi-event competitions and standings tracking
• Communication Tools: Messaging, notifications, and marketing features
• Analytics: Event performance insights and attendee analytics
• Social Integration: Social media promotion and sharing capabilities

2.2 Platform Role and Responsibility

We provide technology infrastructure and tools that allow Organizers to independently create, publish, and manage events. We are not the organizer, owner, operator, or administrator of any event listed on our Platform unless explicitly stated.

IMPORTANT: We are not liable for any disputes, issues, injuries, losses, damages, or claims arising from:

• Event organization, management, or execution
• Event safety, security, or medical incidents
• Event cancellations, postponements, or modifications
• Disputes between Organizers and Participants
• Event quality, accuracy of descriptions, or promised amenities
• Weather, natural disasters, or force majeure events

3. User Responsibilities and Conduct

3.1 Account Responsibilities

You are responsible for:

• Maintaining accurate and current account information
• Protecting your account credentials and login information
• All activities that occur under your account
• Immediately notifying us of any unauthorized account access
• Complying with all applicable laws and regulations

3.2 Organizer Responsibilities

As an Event Organizer, you are solely responsible for:

• Event Safety: Ensuring events are conducted safely and in compliance with all applicable laws, regulations, and safety standards
• Permits and Licenses: Obtaining all necessary permits, licenses, insurance, and legal authorizations
• Accurate Information: Providing truthful, accurate, and complete event descriptions, terms, and conditions
• Liability Management: Implementing appropriate risk management and liability protection measures
• Digital Waivers: Ensuring appropriate liability releases are executed by all participants
• Emergency Procedures: Establishing emergency response plans and medical support as needed
• Communication: Providing timely updates and communication to registered participants
• Refund Policies: Clearly stating and honoring your refund and cancellation policies
• Data Protection: Properly handling participant personal information in compliance with privacy laws

3.3 Participant Responsibilities

As an Event Participant, you are responsible for:

• Health and Fitness: Ensuring you are physically and mentally capable of participating
• Risk Acknowledgment: Understanding and accepting the inherent risks of outdoor activities
• Equipment and Preparation: Bringing appropriate gear, equipment, and preparation
• Rule Compliance: Following all event rules, safety guidelines, and organizer instructions
• Digital Waivers: Completing required liability waivers truthfully and completely
• Insurance: Maintaining appropriate personal insurance coverage
• Emergency Information: Providing accurate emergency contact and medical information

4. Digital Waivers and Liability

4.1 Digital Waiver System

Our Platform includes a digital waiver system that allows Organizers to require electronic execution of liability releases. By using this system:

• You acknowledge that digital signatures have the same legal effect as handwritten signatures
• Participants agree to be bound by the terms of any waivers they electronically sign
• Organizers are responsible for ensuring waivers are appropriate for their specific events
• We provide the technology platform but are not responsible for waiver content or enforceability

4.2 Assumption of Risk

You acknowledge that outdoor recreational activities involve inherent risks including but not limited to:

• Physical injury, permanent disability, or death
• Property damage or loss
• Weather and environmental hazards
• Equipment failure or malfunction
• Actions of other participants or third parties

5. Insurance Services

5.1 Thimble Insurance Integration

We facilitate access to event insurance through our partnership with Thimble Insurance. This service:

• Is provided by Thimble as an independent insurance provider
• Operates under Thimble's terms, conditions, and privacy policy
• Requires separate acceptance of Thimble's insurance terms
• Is subject to insurance underwriting and approval processes

5.2 Insurance Disclaimers

We are not an insurance company or agent. We do not:

• Provide insurance coverage or guarantees
• Make insurance recommendations or provide coverage advice
• Handle insurance claims or disputes
• Guarantee insurance approval or coverage availability

6. Payments, Fees, and Financial Terms

6.1 Payment Processing

All payments are processed through Stripe, Inc. By using payment services, you agree to:

• Comply with Stripe's Terms of Service and applicable laws
• Provide accurate payment and billing information
• Accept responsibility for all charges made through your account
• Report any unauthorized transactions immediately

6.2 Platform Fees - Absolutely Non-Refundable

We charge non-refundable platform fees that help cover:

• Payment processing costs (including Stripe fees)
• Platform development and maintenance
• Customer support infrastructure
• Security and fraud prevention
• Digital waiver and insurance system costs

No Refunds Under Any Circumstances: Platform fees are automatically deducted at the time of each transaction and are never refundable for any reason, including but not limited to:

• Event cancellations, postponements, or modifications
• Platform downtime or technical issues
• User disputes or dissatisfaction
• Third-party service failures
• Force majeure events or emergencies
• Changes to Platform features or policies

6.3 Organizer Payment Terms

As an Organizer, you must:

• Set up and maintain a valid Stripe account to receive event proceeds
• Comply with all tax reporting and payment obligations
• Handle refunds and cancellations according to your stated policies
• Accept responsibility for chargebacks and payment disputes

6.4 Refunds and Cancellations

Organizers are solely responsible for setting and enforcing their own refund and cancellation policies. We do not:

• Issue refunds on behalf of Organizers
• Guarantee any refund policies
• Mediate refund disputes between Organizers and Participants

Our platform fees are non-refundable under all circumstances.

7. Reservation System and Booking

7.1 Reservation Services

Our reservation system allows for time-slot booking and capacity management:

• Reservations are subject to availability and Organizer approval
• Booking confirmations are provided electronically
• Cancellation policies are set by individual Organizers
• We facilitate booking but do not guarantee event availability or quality

7.2 Booking Responsibilities

When making reservations, you agree to:

• Provide accurate information during the booking process
• Honor confirmed reservations or cancel according to stated policies
• Pay all applicable fees and charges
• Comply with any special terms or conditions for reserved time slots

8. Series and Competition Management

8.1 Event Series

Our Platform supports multi-event series and competitions with features including:

• Unified registration across multiple events
• Points-based scoring and standings tracking
• Series-wide communications and management
• Award and recognition systems

8.2 Competition Rules

For competitive events and series:

• Organizers are responsible for establishing and enforcing competition rules
• Results and standings are provided for informational purposes
• We do not adjudicate disputes or rule violations
• Participants must comply with sanctioning body rules where applicable

9. Content and Intellectual Property

9.1 User Content

You retain ownership of content you submit but grant us a worldwide, non-exclusive, royalty-free license to:

• Display, reproduce, and distribute your content on the Platform
• Use content for promotional and marketing purposes
• Modify content for technical optimization and formatting
• Create derivative works for operational purposes

9.2 Content Standards

All content must be:

• Accurate, truthful, and not misleading
• Legal and compliant with applicable laws
• Respectful and non-discriminatory
• Free from harmful, offensive, or inappropriate material
• Not infringing on third-party intellectual property rights

9.3 Platform Intellectual Property

The Platform, including all software, design, text, graphics, and other materials, is protected by intellectual property laws. You may not:

• Copy, modify, or reverse engineer Platform components
• Use our trademarks or branding without permission
• Create derivative works based on the Platform
• Access or use the Platform for competitive purposes

10. Privacy and Data Protection

10.1 Data Processing

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.2 GDPR and Privacy Rights

We comply with applicable privacy laws including GDPR, CCPA, and other regional privacy regulations. You have rights regarding your personal data as outlined in our Privacy Policy.

10.3 Data Security

We implement reasonable security measures to protect personal information, but you acknowledge that no system is completely secure. You are responsible for maintaining the confidentiality of your account credentials.

11. Prohibited Activities and Platform Rules

11.1 Prohibited Uses

You agree not to:

• Illegal Activities: Use the Platform for any illegal, fraudulent, or unauthorized purposes
• Harmful Content: Post content that is defamatory, discriminatory, harassing, or offensive
• System Abuse: Attempt to hack, disrupt, or overwhelm Platform systems
• Fee Circumvention: Attempt to avoid or circumvent platform fees or payment systems
• Impersonation: Impersonate other users, organizations, or entities
• Spam: Send unsolicited communications or promotional materials
• Data Mining: Scrape, harvest, or collect user data without permission
• Competitive Use: Use the Platform to develop competing services

11.2 Event-Specific Prohibitions

Events may not:

• Involve illegal activities or encourage dangerous behavior
• Discriminate against participants based on protected characteristics
• Make false claims about safety, difficulty, or event features
• Violate venue rules, permits, or land use restrictions

12. Third-Party Integrations and Services

12.1 Third-Party Services

The Platform integrates with various third-party services including:

• Stripe: Payment processing and financial services
• Clerk: Authentication and user management
• Thimble: Insurance services and coverage
• Google: Analytics, maps, and advertising services
• Social Media: Facebook, Instagram, and other social platforms
• Email Services: Klaviyo and other communication providers

12.2 Third-Party Terms and Liability

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for:

• Third-Party Performance: Availability, uptime, or functionality of external services
• Hosting Provider Issues: Infrastructure failures, data center outages, or network problems
• Service Interruptions: Downtime caused by external service maintenance or failures
• Data Processing: How third-party services handle, store, or protect your data
• Service Changes: Modifications to third-party terms, pricing, or functionality

Liability Pass-Through: Any issues with third-party services are governed by their respective terms of service and liability limitations, not ours.

13. Service Availability and Performance

13.1 Service Availability

We strive to maintain Platform availability but do not guarantee uninterrupted service. The Platform may be unavailable due to:

• Scheduled maintenance and updates
• Technical difficulties or system failures
• Third-party service outages
• Security incidents or attacks
• Force majeure events

13.2 Complete Warranty Disclaimer

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We expressly disclaim all warranties, express or implied, including but not limited to:

• Merchantability and Fitness: No warranty that the Platform meets your needs or is suitable for any purpose
• Reliability: No guarantee of uptime, availability, or uninterrupted operation
• Accuracy: No warranty regarding accuracy, completeness, or reliability of any information
• Security: No guarantee against data breaches, unauthorized access, or security failures
• Performance: No warranty regarding speed, functionality, or error-free operation
• Compatibility: No guarantee of compatibility with your devices, software, or systems
• Results: No warranty that use of the Platform will achieve any particular results

Use at Your Own Risk: You acknowledge that your use of the Platform is entirely at your own risk and discretion.

14. Account Termination and Suspension

14.1 Termination Rights

We may suspend or terminate your account at any time for:

• Violation of these Terms or our policies
• Illegal or fraudulent activity
• Abuse of the Platform or other users
• Non-payment of fees or chargebacks
• Prolonged inactivity

14.2 Effect of Termination

Upon termination:

• Your access to the Platform will be immediately revoked
• Outstanding financial obligations remain due
• Active event registrations may be affected
• Content may be removed from the Platform
• These Terms continue to apply to past usage

14.3 Voluntary Account Deletion

You may delete your account at any time through your account settings. Account deletion is subject to our Privacy Policy and data retention requirements.

15. Limitation of Liability and Disclaimers

15.1 Liability Limitations

To the fullest extent permitted by law, we are not liable for:

• Event-Related Damages: Any injuries, damages, losses, or claims arising from events organized through the Platform
• User Content: Any content, information, or materials posted by users
• Event Outcomes: Event quality, safety, cancellations, or participant experiences
• Third-Party Services: Performance or failures of Stripe, Thimble, or other integrated services
• User Disputes: Conflicts between Organizers and Participants
• Business Losses: Lost profits, revenue, business opportunities, or data
• Indirect Damages: Consequential, incidental, punitive, or special damages of any kind

15.2 No Monetary Liability

We provide the Platform "as-is" with no warranties or guarantees. We have zero monetary liability for any Platform issues, including but not limited to:

• Application Code Issues: Bugs, errors, or failures in our Platform code
• Hosting Infrastructure: Downtime, outages, or failures of our hosting providers
• Third-Party Services: Failures of Stripe, Clerk, Thimble, Google, or other integrated services
• Internet Infrastructure: Network outages, DNS failures, or connectivity issues
• Data Issues: Data loss, corruption, or inaccessibility from any cause
• Service Interruptions: Planned or unplanned maintenance, updates, or downtime

Sole Remedy: In the event of Platform issues, your sole remedy is to discontinue use of the Platform. We do not provide refunds, credits, or monetary compensation of any kind.

No Liability for User Activities: We have zero liability for any damages related to events, user content, or activities organized through the Platform, as these are entirely under user control and responsibility.

16. Indemnification

You agree to indemnify, defend, and hold harmless Covaera, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or relating to:

• Your use of the Platform or violation of these Terms
• Events you organize, manage, or participate in
• Content you post or submit to the Platform
• Your violation of any law, regulation, or third-party rights
• Disputes with other users or third parties

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Maine, United States, without regard to conflict of law principles.

17.2 Jurisdiction

Any legal disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Maine, and you consent to personal jurisdiction in these courts.

17.3 Dispute Resolution Process

Before filing any legal action, you agree to first attempt to resolve disputes through:

• Direct communication with the other party
• Our customer support mediation process
• Good faith negotiation for a period of 30 days

17.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions, collective actions, or representative proceedings.

18. International Users

18.1 Global Access

The Platform is accessible internationally, but event creation and management features may be limited based on local laws and payment processing availability.

18.2 Local Compliance

International users are responsible for compliance with local laws, regulations, and tax obligations in their jurisdiction.

18.3 Currency and Payments

All platform fees and payments are processed in US Dollars unless otherwise specified. Currency conversion and international transaction fees may apply.

19. Modifications and Updates

19.1 Terms Updates

We may modify these Terms at any time by:

• Posting updated Terms on the Platform
• Sending email notification to registered users
• Providing in-Platform notifications

19.2 Acceptance of Changes

Continued use of the Platform after Terms modifications constitutes acceptance of the updated Terms. If you do not agree to modifications, you must discontinue use of the Platform.

19.3 Material Changes

For material changes that significantly impact your rights or obligations, we will provide at least 30 days advance notice.

20. Miscellaneous Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Covaera regarding the Platform.

20.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

20.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce such provision in the future.

20.4 Assignment

We may assign or transfer these Terms and our rights hereunder without restriction. You may not assign your rights or obligations under these Terms without our written consent.

20.5 Force Majeure

We are not liable for any failure to perform our obligations due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

21. Contact Information and Support

21.1 General Inquiries

For questions about these Terms or the Platform:
Email: support@elevationlines.com
Response Time: We aim to respond within 48 hours

21.2 Legal Notices

Legal notices and formal communications should be sent to:
Email: legal@elevationlines.com

21.3 Emergency Support

For urgent safety or security issues related to active events, contact us immediately with "URGENT" in the subject line.