End User License Agreement

1. This agreement

1.1 This End User License Agreement ("EULA") is a legal agreement between you and BikeLife Network LLC, a New York limited liability company whose mailing address is 228 Park Ave S, PMB 362349, New York, NY 10003-1502, United States ("we", "us", "our"), for the BikeLife mobile application, including its software, updates, upgrades, content, artwork and documentation (the "App").

1.2 By downloading, installing or using the App, you agree to this EULA. If you do not agree, do not download, install or use the App, and delete it.

1.3 Your use of the BikeLife service through the App is also governed by our Terms of Service (including the Community Guidelines and the Copyright Policy), which form part of this EULA. Our Privacy Policy explains how we handle personal information. Where this EULA and the Terms of Service conflict about the license to the App or the app stores, this EULA wins; on everything else, the Terms of Service win.

1.4 This EULA is concluded between you and us only, and not with Apple Inc. or Google LLC. We, not Apple or Google, are solely responsible for the App and its content.

2. Your license

2.1 The App is licensed, not sold, to you. Subject to this EULA, we give you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to download, install and use the App, for your own personal and non-commercial use, on any device that you own or control and that runs a compatible version of iOS or Android.

2.2 If you downloaded the App from the Apple App Store, you may use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where the App supports it. If you downloaded it from Google Play, the Google Play Terms of Service also apply.

2.3 We and our licensors keep all rights, title and interest in the App, including all intellectual property rights, except the license expressly given to you. All rights not expressly given are reserved.

3. What you must not do

Except as expressly allowed by this EULA or by law that cannot be excluded, you must not, and must not let anyone else:

• copy, modify, translate, adapt or create derivative works of the App;
• decompile, disassemble, reverse engineer or try to derive the source code of the App, except to the extent that the law expressly allows it (for example, for interoperability under the EU Software Directive or UK copyright law), and then only after asking us first for the information needed;
• rent, lease, lend, sell, sublicense, distribute, publish or otherwise transfer the App or make it available to anyone else, including over a network;
• remove, alter or hide any copyright, trademark or other notice in the App;
• circumvent, disable or interfere with any security, age check, limit, paywall, license check or technical protection in the App;
• use the App to build a competing product, or access the App or BikeLife's servers by automated means such as bots, scrapers or scripts;
• use the App in any way that is unlawful, harmful, or breaks the Terms of Service or Community Guidelines; or
• handle or look at the App while riding or driving in any way that breaks the law or takes your attention from the road.

4. Navigation and safety

4.1 The App's routes, maps, turn-by-turn directions, voice guidance, distances, times and live locations are provided for information only. They are generated automatically, may be inaccurate, incomplete, out of date or unlawful for your vehicle, and are no substitute for your own judgment, road signs, the law and instructions from the police and authorities, which you must always follow first.

4.2 Set up navigation before you set off, keep your phone in a lawful mount, and do not touch it while moving. The App is not an emergency, safety, rescue or tracking service. If anyone is hurt or in danger, call the emergency services.

4.3 Using the App on a ride uses battery and mobile data, and relies on GPS and signal, which may fail. You are responsible for your device, its charge and any charges from your network provider.

5. Updates and availability

5.1 We may provide updates that fix problems, add or remove features, or change how the App works. Some updates may be delivered automatically, and some may be required to keep using the App or BikeLife. If you do not install an update, the App may stop working properly.

5.2 We do not promise that the App will be available at all times, on every device or operating system, or in every country, and we may stop supporting older versions or devices.

6. Third-party software, data and services

6.1 Open source. The App includes open source software (for example React Native and Expo, both under the MIT license) that is licensed to you under its own license terms, which apply to that software. A list of these components and their licenses is available on request at [email protected]. Nothing in this EULA limits your rights under those licenses.

6.2 Map data. Routes are calculated from map data © OpenStreetMap contributors, available under the Open Database License (openstreetmap.org/copyright), using the open source Valhalla routing engine. Maps are displayed using Apple Maps on iOS and Google Maps on Android, which have their own terms.

6.3 Third-party terms. You must comply with any third-party terms that apply to your use of the App, such as your wireless data service agreement, and the terms of Apple or Google for signing in and making purchases.

7. Information the App collects

The App collects and sends information as described in our Privacy Policy, including technical information about your device, system and app software needed to provide updates, support, security and the service. The App only uses your location, photos and notifications with the permission you give in your device's settings, which you can change at any time.

8. Ending this license

8.1 This license continues until it is ended by you or us. You can end it at any time by deleting the App from all your devices (and, to end your BikeLife account, deleting your account in Settings).

8.2 This license ends automatically, without notice, if you break this EULA or the Terms of Service, or if your BikeLife account is ended. We may also end it by notice for any reason permitted by the Terms of Service.

8.3 When the license ends, you must stop using the App and delete it from your devices. Sections 3, 6, 9, 10, 11, 12, 15 and 16 continue after it ends.

9. Warranty

To the maximum extent permitted by law, the App is provided "as is" and "as available", with all faults and without warranty of any kind, and we disclaim all warranties and conditions, express, implied or statutory, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We do not warrant that the App will meet your requirements, operate without interruption or error, or that defects will be corrected.

Nothing in this EULA affects your statutory rights as a consumer that cannot be excluded, such as your rights under the UK Consumer Rights Act 2015 to digital content that is of satisfactory quality, fit for purpose and as described.

Apple. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility, to the extent they cannot be disclaimed under this EULA.

10. Limitation of liability

Our liability to you in connection with the App is limited and excluded in exactly the same way, and subject to the same exceptions, as set out in sections 10, 18 and 19 of the Terms of Service, which apply to the App as if set out here in full. Nothing in this EULA excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded or limited.

11. Indemnity

Section 20 of the Terms of Service (your responsibility to us) applies to your use of the App.

12. Terms that apply if you got the App from Apple

If you downloaded the App from the Apple App Store, you and we acknowledge and agree that:

1. Acknowledgement. This EULA is concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content. This EULA does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions in force when you accept it.
2. Scope of license. The license given to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. We are solely responsible for providing any maintenance and support services for the App, as set out in this EULA or as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App. You can contact us for support at [email protected].
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. This EULA does not limit our liability to you beyond what is permitted by applicable law.
6. Intellectual property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
8. Developer name and address. Any questions, complaints or claims about the App should be directed to: BikeLife Network LLC, 228 Park Ave S, PMB 362349, New York, NY 10003-1502, United States, email [email protected].
9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

13. Terms that apply if you got the App from Google Play

If you downloaded the App from Google Play, you acknowledge that this EULA is between you and us only, and not Google; that Google has no obligation to provide maintenance or support for the App; and that your use of Google Play is also governed by the Google Play Terms of Service. Google is a third-party beneficiary of this EULA to the extent the Google Play terms require.

14. Export control and sanctions

The App may be subject to US, EU and UK export control and sanctions laws. You must not download, use, export or re-export the App in breach of those laws, including in or to any embargoed country or by any restricted person.

15. United States Government end users

The App is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation", as those terms are used in 48 C.F.R. 2.101, 12.212 and 227.7202. US Government end users acquire the App only as a commercial item and only with the rights given to all other end users under this EULA.

16. Governing law, disputes and general terms

Sections 23 to 27 of the Terms of Service (informal resolution, arbitration for riders in the United States, governing law and courts, rules for specific countries, and general legal terms) apply to this EULA as if set out here in full. If any part of this EULA is found invalid, the rest remains in force.

17. Contact

BikeLife Network LLC, 228 Park Ave S, PMB 362349, New York, NY 10003-1502, United States. Support: [email protected]. Legal: [email protected].

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