Terms of Service

1. About these terms

1.1 Who we are. BikeLife (the "app", the "service" or "BikeLife") is provided by 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"). You can contact us at [email protected].

1.2 Your agreement. These Terms of Service (the "terms") are a legally binding agreement between you and us. You accept them when you create an account, tick the box or tap the button that says you agree, or use BikeLife in any way. If you do not accept them, you must not use BikeLife.

1.3 Other documents that form part of these terms. The following also apply to you and are part of your agreement with us:

• the Community Guidelines, which say what is and is not allowed on BikeLife;
• the Copyright Policy, which explains how we deal with copyright complaints;
• the End User License Agreement ("EULA"), which is your license to install and use the app software;
• any rules a host adds to a rideout, which you agree to before you go on it; and
• any extra terms shown to you when you buy something or use a particular feature.

Our Privacy Policy explains how we collect and use personal information. Please read it. Where the law treats a privacy notice as information rather than contract terms, it is provided to you as information.

1.4 If documents conflict. If these terms conflict with another document listed above, these terms win, except that the EULA wins on matters about the license to the app software and the app stores, and the arbitration agreement in section 24 wins on how disputes are resolved for riders in the United States.

1.5 Business users. If you use BikeLife on behalf of a club, business or other organization, you confirm you have authority to accept these terms for it, and "you" includes that organization. Consumer protections that only apply to individuals do not apply to it.

2. Who can use BikeLife

2.1 Minimum age. You must be at least 16 years old, and old enough where you live to agree to these terms and to the use of your personal information without a parent's consent. If the minimum age where you live is higher than 16, you must meet that age. We ask for your date of birth when you join. If you are under 16 we will refuse the account and delete it.

2.2 If you are under 18. If you are under 18, or under the age of majority where you live, you may only use BikeLife with the permission of a parent or legal guardian. Your parent or guardian must read and agree to these terms on your behalf, and they are responsible for your use of BikeLife, including anything you buy and any rideout you go on. You must be 18 or over to host a rideout. If you are under 18 you must not go on a rideout without your parent's or guardian's permission.

2.3 Teen accounts. If you are under 18, your account is a teen account. Until your 18th birthday, we automatically: let only riders you follow message you or add you to a group chat; show you a Home feed that is not based on what you have watched or who you follow; send no push notifications between midnight and 6am in your time zone; stop you hosting rideouts; and keep usage data off unless you choose to share it. These protections are applied from the date of birth you gave us and end by themselves when you turn 18. Parents and guardians can also use the controls on their child's phone, such as Screen Time and Ask to Buy on iPhone, and can contact us at [email protected] about their child's account, including to ask us to delete it. We may ask for information to confirm they are the parent or guardian.

2.4 Other requirements. You may not use BikeLife if:

• we have previously banned you or disabled your account, unless we have told you in writing that you may come back;
• you are a registered sex offender, or have been convicted of a sexual offense involving a child, anywhere in the world;
• you are located in, or ordinarily resident in, a country or region subject to comprehensive UK, EU, UN or US sanctions, or you are on any sanctions or restricted party list; or
• using BikeLife would break any law that applies to you.

2.5 Honest information. Everything you tell us when you join and afterwards, including your date of birth, must be true, accurate and up to date. Giving a false date of birth is a serious breach of these terms.

3. Your account

3.1 One person, one account. Your account is for you alone. You must not share it, sell it, transfer it or let anyone else use it, and you must not create an account for anyone else. You may not create more than one account to get around a limit, a block, a suspension or a ban.

3.2 Security. Keep your password and your devices secure. You are responsible for everything that happens on your account unless it happens because of our own failure. Tell us straight away at [email protected] if you think someone else has accessed your account.

3.3 Signing in with Apple or Google. If you sign in with Apple or Google, their terms also apply to how you sign in, and we receive the information described in our Privacy Policy.

3.4 Usernames. Your username must not impersonate anyone, mislead people, infringe anyone's rights, or be offensive. We may change or reclaim a username at any time, including one that is inactive, that we reasonably believe breaks these terms, or that a person or brand has a legitimate claim to. Usernames are not your property and cannot be sold.

3.5 Communications. You agree that we may communicate with you electronically, by notifications in the app, push notifications and email, and that these communications satisfy any legal requirement for communications to be in writing. You can control most push notifications in Settings and on your phone.

4. Community Guidelines and zero tolerance

4.1 You must follow the Community Guidelines in everything you do on BikeLife, and at any rideout or meeting you find through BikeLife.

4.2 Zero tolerance. BikeLife has zero tolerance for objectionable content and abusive riders. We remove content that breaks the Community Guidelines, and we suspend or permanently ban riders who break them. We report content and conduct to the police and other authorities where we are required to or where we think it is right to do so.

4.3 Reporting and blocking. You can report any rider, clip, comment, message or rideout from inside the app, and block any rider from their profile. We act on reports of objectionable content within 24 hours, by removing the content and, where it is warranted, removing the rider who posted it.

5. Your content and the license you give us

5.1 What "your content" means. Your content is anything you post, upload, send or create on BikeLife, including clips, videos, photos, captions, comments, messages, rideout listings, routes, rules, crew names, badges, profile details and anything else.

5.2 You own your content. We do not claim ownership of your content.

5.3 The license you give us. So that we can run BikeLife, you give us a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to host, store, copy, reproduce, process, adapt (for example compress, crop, resize, transcode or add a poster image), translate, publish, display, perform and distribute your content, in any format and on any media now known or developed later, for the purposes of operating, providing, securing, improving, researching and developing BikeLife, and promoting BikeLife (for example by showing a public clip in the app, on our website or on our social media accounts, where practical with your username). You also give us the right to let our service providers do these things for us. This license:

• for content only you and the people you message can see, is limited to storing and delivering it to them;
• ends when your content is deleted or your account is deleted, except for (a) copies we must keep by law (see our Privacy Policy), and (b) promotional material we already published before deletion, which we will stop using within a reasonable time if you ask us.

5.4 License to other riders. You give every other rider permission to view, play and share (using BikeLife's own share features) your content that you have made visible to them, within BikeLife and as BikeLife allows. Other riders may record their screens or download what they can see. We cannot stop this and are not responsible for it.

5.5 Your promises about your content. For everything you post, you promise that:

• you own it, or you have every license, permission and consent needed to post it and to give us the license above, including for any music, video, image, artwork, logo, brand or trademark in it;
• you have the consent of every person who can be identified in it, and for anyone under 18, the consent of their parent or guardian, unless the law does not require consent;
• it does not break the Community Guidelines, these terms or any law, and it does not infringe anyone's copyright, trademark, privacy, publicity, image, confidentiality or other rights;
• it was not recorded while breaking the law in a way that put other people at risk, and it was not recorded while you were operating a vehicle in a way that broke the law; and
• it does not contain viruses or harmful code.

5.6 Moral rights. To the extent the law allows, you waive, and agree not to assert, any moral rights (such as the right to be named as the author or to object to changes) against us and anyone we authorize, in connection with the license in 5.3. Where the law does not allow a waiver, you agree not to enforce those rights against us for uses allowed by these terms.

5.7 We do not have to monitor. We are not responsible for content that riders post, and we do not check content before it appears. We may, but do not have to, review, remove, restrict or refuse any content at any time and for any reason allowed by law, including if we reasonably believe it breaks these terms or the Community Guidelines, or could expose us, you or anyone else to harm or legal liability.

5.8 Keep your own copies. BikeLife is not a backup service. Content can be lost, removed or deleted, including when your account is deleted. Keep your own copies of anything that matters to you.

5.9 Feedback. If you send us ideas, suggestions or feedback, we may use them for any purpose without paying you or owing you anything.

5.10 Copyright complaints. We respond to notices of alleged copyright infringement and end the accounts of repeat infringers, as set out in the Copyright Policy.

6. Rideouts: what BikeLife is and is not

6.1 BikeLife is a platform, not an organizer. A "rideout" is a ride that a rider (the "host") lists on BikeLife so that other riders can find it and go on it. Rideouts are planned, organized and run entirely by their hosts and the riders who go on them. We are not the organizer, promoter, operator, supervisor, sponsor, insurer or guarantor of any rideout. Listing a rideout on BikeLife, featuring or promoting it, or showing it on a map, does not mean we have checked it, approve of it or recommend it.

6.2 We do not check anyone or anything. We do not check or verify the identity, age, background, criminal record, riding experience, skill, license, insurance, health or intentions of any host or rider, the condition or legality of any vehicle, the accuracy of any listing, or the safety, legality or suitability of any meetup place, route or activity. We do not run background checks.

6.3 Hosts are independent. Hosts are not our employees, agents, representatives, partners or contractors, and they have no authority to act or speak for us. Nothing a host says or does binds us.

6.4 We are not there. We are not present at rideouts, we do not control what happens at them, and we have no duty to monitor, supervise or intervene in any rideout or in any dealings between riders, on or off BikeLife.

6.5 Meeting people. Rideouts mean meeting people you may not know. Use your own judgment. Meet in public places, tell someone you trust where you are going, and leave any situation you are not comfortable with.

6.6 Featured and promoted rideouts. Some rideouts appear at the top of lists or on maps because their host paid to promote them or because of their membership. That is advertising placement. It is not an endorsement or a recommendation, and it does not mean we have checked the rideout. We may refuse, pause or remove any promotion at any time, including for a rideout that appears to break these terms or the law, and in that case the promotion's refund, if any, is handled as set out in section 12.

6.7 Incidents. If something goes wrong at or after a rideout, contact the emergency services and the police first where appropriate, then report it to us. We may cooperate with the police and other authorities, as set out in our Privacy Policy and Law Enforcement Guidelines. We are not responsible for investigating incidents between riders or for resolving disputes between them.

7. If you host a rideout

If you host a rideout, you are solely responsible for it, and you promise that:

1. you are 18 or over;
2. everything in your listing, including the time, meetup place, route, rules and description, is accurate, and you will keep it up to date or cancel the rideout if it cannot go ahead safely or lawfully;
3. your rideout, and every part of its route, is lawful. You will check that motorbikes and the vehicles on the ride are allowed on every road, lane, path, bridge, trail or area on the route, and at the meetup place, and you will not route anyone along a sidewalk, footpath, footbridge, pedestrian area, cycle path or anywhere else they are not allowed;
4. you will get and follow any permission, permit, license, road closure, notice to the police or authorities, landowner consent or insurance that the law requires for your rideout, including rules for organized events, gatherings, noise and public order;
5. you will not organize, promote or encourage any race, speed contest, street takeover, blocking of roads or junctions, stunt riding on public roads, riding in convoy in a way that breaks traffic law, or evading or failing to stop for the police;
6. you will not organize or allow any rideout involving alcohol, drugs, weapons or any other illegal activity;
7. any rules you add are lawful, clear and not discriminatory, and you will not charge riders any money through or because of BikeLife without our written permission; and
8. you are responsible, as between you and us, for the rideout and anything that happens because of the way you planned or ran it.

Paths. The route editor can take a route along "Paths" such as walkways, footbridges and trails. The first time you use Paths on a route, we ask you to confirm that motorbikes are allowed there, and we record your confirmation. Paths are shown only because you chose them. It is your responsibility to use them only where the law allows motorbikes.

8. If you go on a rideout

If you mark yourself as going to, check in to, or take part in any rideout, you promise that:

1. you hold a valid license for the vehicle you ride, and that vehicle is registered, taxed (where required), insured at least for third-party liability as the law requires, and roadworthy;
2. you will wear appropriate protective equipment, including an approved helmet wherever the law requires one and whenever it is sensible to;
3. you will obey all traffic laws, road signs, and instructions from the police and authorities at all times, whatever a route, a host, another rider or the app says;
4. you will not ride under the influence of alcohol, drugs or any medication that affects your riding, or when you are tired or unwell;
5. you will ride within your ability and at a speed that is legal and safe for the conditions, and you are responsible for your own decisions;
6. you are free to leave any rideout at any time, and you will not follow any route, rider or instruction that you think is unsafe or unlawful; and
7. you have read and will follow any rules the host has added.

9. Routes, Paths, navigation and live location

9.1 Routes are generated automatically. Routes, distances, times, turn-by-turn directions and voice guidance are generated automatically from map data, including data from OpenStreetMap contributors, and from choices made by hosts. They may be wrong, incomplete, out of date, unlawful, unsafe or unsuitable for you or your vehicle, and conditions change. Roads may be closed, restricted or dangerous.

9.2 You must always use your own judgment. Always follow road signs, the law, instructions from the police and authorities, and what is safe where you are, even where that differs from the route or the directions. Directions are guidance only.

9.3 Paths. A route may include sections along paths (such as walkways, footbridges, trails and cut-throughs) that a host chose. Many paths are not legal for motorbikes. Where a route includes paths, the rideout says so. Before you ride any part of a route, check that you are allowed to ride there. If you are not, do not ride it.

9.4 Do not handle your phone while riding. Set up navigation before you set off, use voice directions, and keep your phone in a secure mount that the law allows. Stop somewhere safe before you touch the screen. In many places, holding or using a phone while riding is a criminal offense.

9.5 Live location on a ride. While a rideout is live and you have the ride screen open, including when your phone is locked, your location, direction and speed are shared with the other riders on that rideout, and theirs with you. It is not accurate enough to rely on for safety, it may be delayed or stop working, and it is not a tracking, safety, rescue or emergency service. Do not rely on it to find a rider who is missing, lost or hurt: call the emergency services. Close the ride screen to stop sharing.

9.6 No reward for riding fast. Nothing in BikeLife rewards speed, riding time, stunts or how you ride. Check-ins and stamps depend only on being at a rideout.

9.7 Battery, data and signal. Navigation and live location use battery and mobile data and depend on GPS and signal, which can fail. You are responsible for your phone, its charge and your data plan.

10. Assumption of risk, release and waiver

10.1 The risks. The risks include, without limitation: crashes and collisions; falls; the actions and mistakes of other riders, drivers, pedestrians, hosts and third parties; group riding; unfamiliar, poorly maintained, closed, unlawful or unsuitable roads, paths and terrain; weather, surfaces and visibility; mechanical failure; wrong, incomplete or unlawful routes and directions; loss of signal or GPS; distraction; fatigue; police action; theft; assault; and your own physical condition and ability. You confirm you understand these risks, that you accept them, and that you are responsible for deciding whether to take part.

10.2 Release. To the fullest extent permitted by law, you release, waive, discharge and agree not to sue us, our affiliates, and our and their directors, officers, employees, agents, contractors, licensors and service providers (together, the "BikeLife parties") for any and all claims, demands, losses, damages, liabilities, costs and expenses of any kind, known or unknown, including for personal injury, illness, disability, death and damage to or loss of property, arising out of or connected with: (a) any ride, rideout, route, meetup or activity you find, join, host, organize or take part in through BikeLife; (b) the conduct of any host, rider or other person, on or off BikeLife; and (c) any route, direction, map, location or other information shown in BikeLife.

10.3 Each rideout. Each time you mark yourself as going to a rideout, check in, or start navigation, you confirm again that you accept this section for that ride.

10.4 What this section does not do. Nothing in this section, or anywhere in these terms, excludes or limits any liability that cannot lawfully be excluded or limited, including our liability for death or personal injury caused by our negligence (in the UK and wherever else the law does not allow this to be excluded), for fraud or fraudulent misrepresentation, or for our gross negligence or wilful misconduct where the law does not allow that to be excluded. If the law where you live does not allow a release like this, or allows it only in part, this section applies only to the extent the law allows, and your assumption of the risks in 10.1 still applies.

10.5 Minors. If you are under 18, your parent or guardian agrees to this section on your behalf and on their own behalf, to the extent the law allows.

10.6 Your heirs. To the extent the law allows, this section binds you, your heirs, next of kin, personal representatives, executors, administrators and assigns.

11. Messages and crews

11.1 Messages. You can send direct messages and take part in group and crew chats. Messages are private between the people in the conversation, but they are not end-to-end encrypted. We do not read your messages routinely. We may access, review and act on a message when it is reported to us, when we need to in order to keep people safe, investigate a breach of these terms or provide the service, or when the law requires it, as our Privacy Policy explains. Anyone in a conversation can copy, screenshot or share what you send, so only send what you are happy for them to keep.

11.2 Message requests and blocking. Riders you do not follow may be able to send you a message request, which you can accept or ignore, and you can switch message requests off. If you block someone, they can no longer message you.

11.3 No spam. You must not send unsolicited commercial messages, chain messages, bulk messages or anything automated.

11.4 Crews. Crews are groups created and run by riders. A crew's owner, co-owners and admins are responsible for the crew, its name, badge, notices, chat and members, and must enforce the Community Guidelines within it. Crews are not affiliated with or endorsed by us. We may rename, restrict or remove any crew, and we may transfer or remove crew roles, where a crew breaks these terms or its owner leaves or is removed.

12. Memberships and purchases

12.1 What we sell. BikeLife offers paid memberships (currently BikeLife Pro and BikeLife Ultimate) and one-time purchases (currently including clip boosts, featured rideouts, extra rideouts to host, and cosmetic items such as profile frames and passport tapes). What each includes, and its price in your currency, is shown in the app before you buy. Features, limits and prices may change as set out in 12.9.

12.2 Who you pay. All purchases are made through the Apple App Store or Google Play, who take payment, charge any applicable taxes, and handle billing, renewals, cancellations and refunds under their own terms. We never see your card details.

12.3 Automatic renewal. Memberships renew automatically at the end of each period (monthly or yearly) at the then-current price, and your App Store or Google Play account is charged within 24 hours before the end of the period, unless you turn off auto-renew at least 24 hours before the end of the current period. You can manage and cancel your membership in your App Store or Google Play account settings. Cancelling stops future renewals; your membership continues until the end of the period you have paid for.

12.4 Free trials. If you are offered a free trial, it lasts for the period shown when you sign up. Unless you cancel at least 24 hours before the trial ends, your membership starts and you are charged automatically. We try to remind you before a trial ends. Each person may have only one free trial, as the app stores decide.

12.5 Deleting your account does not cancel a subscription. Subscriptions are managed by Apple or Google. If you delete your BikeLife account, you must also cancel your subscription in your App Store or Google Play settings, or you may continue to be charged.

12.6 Refunds. Refunds are decided by Apple or Google under their refund policies, and you request them from them. Except where the law requires otherwise, payments are non-refundable, and we do not give refunds or credits for partly used periods, unused features, or content or features you lose because your account was suspended or ended for breaking these terms.

12.7 Your right to cancel in the UK and EU. If you are a consumer in the UK or the EU, you normally have a 14-day right to cancel a contract for digital content or services. By buying a membership or a one-time purchase and asking for it to start immediately, you agree that it starts straight away and you acknowledge that you lose your right to cancel once it has started (for digital content) or that you must pay for what you have used (for services), as the law allows. This does not affect your right to cancel a subscription's future renewals at any time.

12.8 One-time purchases and virtual items. Boosts, featured rideouts, extra rideouts to host, cosmetic items, and anything else bought or earned in the app ("virtual items") are a limited, personal, non-transferable, revocable license to use a feature in BikeLife. They are not property, have no cash value, cannot be sold, exchanged or transferred, and cannot be redeemed for money, except where the law requires otherwise. Boosts and featured placements last for the time shown when you buy them and cannot be paused or moved. Extra rideouts to host do not expire while your account exists. Virtual items end when your account ends. A featured rideout that we remove because it broke these terms is not refunded by us.

12.9 Changes to features and prices. We may change what memberships and virtual items include, their limits and their prices, and we may stop offering any of them. Price changes to an existing subscription only take effect from the next renewal after we or the app store have told you, and the app store may ask you to agree to a price increase. If we make a change that significantly reduces a paid feature you have already paid for, and the law gives you a remedy, you will have it.

12.10 Memberships we give. We may give memberships, ranks, items or credits free of charge (for example to testers, partners or reviewers). We can change or withdraw anything we give free of charge at any time.

12.11 Taxes and fraud. Prices include any taxes the app store collects. If a payment is reversed, charged back or found to be fraudulent, we may remove what was bought and suspend the account.

13. Badges, ranks, stamps and the tick

13.1 Ranks, XP, streaks, stamps, passports, crew standings and similar features are for fun and recognition only. They have no monetary value, may be changed, reset or removed at any time, and are not property.

13.2 The tick. A tick beside a rider's name shows that the rider holds a BikeLife Ultimate membership or that we have chosen to give them one. Unless we expressly say so, the tick does not mean we have checked the rider's identity, and it is not an endorsement. Do not rely on a tick when deciding whether to trust someone, to meet them, or to send them money.

13.3 Referrals. If we run a referral program, any rewards are subject to the rules shown in the app, and we may withhold rewards that we reasonably believe were obtained unfairly.

14. Things you must not do

As well as following the Community Guidelines, you must not, and must not help or encourage anyone else to:

• use BikeLife for anything unlawful, harmful, fraudulent, or in breach of these terms;
• use BikeLife, including navigation and live location, while operating a vehicle in any way that breaks the law or takes your attention from the road;
• copy, scrape, crawl, harvest or collect content or information from BikeLife by automated means, or build a database from it, without our written permission;
• use bots, scripts or fake accounts, or manipulate views, likes, follows, rankings, XP, stamps, check-ins, referrals or any other count or feature;
• fake your location or check in to a rideout you did not attend;
• get around any limit, paywall, block, suspension, ban, age check, security measure or technical restriction;
• reverse engineer, decompile, disassemble or modify the app, except as the law expressly allows;
• probe, scan or test the vulnerability of BikeLife without our written permission (if you think you have found a security problem, tell us at [email protected] and do not use or share it);
• interfere with, overload or disrupt BikeLife or its servers, or introduce viruses or harmful code;
• access or use another rider's account, or collect or use anyone's personal information without a lawful basis and their permission where required;
• use BikeLife for commercial purposes, such as advertising, selling or recruiting, except through features we provide for that or with our written permission;
• use any content or information from BikeLife to train artificial intelligence or machine learning models without our written permission; or
• sell, rent, lease or otherwise make BikeLife available to anyone else.

15. How we moderate, and how to challenge a decision

15.1 What we may do. To keep BikeLife safe and lawful, we may, at any time: remove or restrict content; hide content from some riders; limit features such as messaging, hosting or posting; remove a rideout or crew or change its visibility; remove promotions; suspend or permanently ban an account; ban a device; refuse to let someone come back; and report content, conduct and information to the police, other authorities and organizations such as the National Center for Missing and Exploited Children, where we are required to or believe it is right. How we decide depends on how serious the problem is, whether it has happened before, and the risk to others. Serious harm, such as anything that exploits or endangers a child, credible threats, or anything that puts lives at risk, leads to an immediate permanent ban.

15.2 How we find problems. We rely mainly on riders' reports, which we review. We do not currently use automated tools to scan content before it is posted. We may use automated tools in the future, including to detect illegal content or spam, and if we do we will update these terms. Some limits (such as how often you can post or message) are applied automatically.

15.3 Telling you why. Where the law requires it, and where it is safe and lawful to do so, we will tell you when we remove your content or restrict your account, and why. We may not tell you if doing so could put someone at risk, interfere with an investigation, or break the law.

15.4 Challenging a decision. If you think we got a decision wrong, email [email protected] within six months of the decision with the subject "Appeal", your username and why you think we were wrong. A person will review it and tell you the outcome. You may also complain to us about content on BikeLife, about how we handle reports, or about how we meet our legal duties to keep users safe, in the same way. If you are in the EU, you may also be able to use a certified out-of-court dispute settlement body, and if you are in the UK or Australia you may be able to complain to Ofcom or the eSafety Commissioner, as the law allows.

15.5 Reporting illegal content. Anyone, including people without an account, can tell us about content they believe is illegal by using the report button in the app or emailing [email protected] with a link or description of the content, where it is, why it is illegal, your name and email address (unless your report concerns child sexual abuse material, which you may report anonymously), and a statement that you believe your report is accurate and complete. We will review it and act on it promptly and fairly.

16. Our intellectual property

BikeLife, including its software, design, look and feel, text, graphics, logos, icons, stamps, passport and cosmetic artwork, and the BikeLife name, is owned by us or our licensors and protected by copyright, trademark, database and other laws. Apart from the license to use the app in the EULA and the right to use BikeLife under these terms, we do not give you any rights to it. You must not use our name, logo or trademarks without our written permission, or in any way that suggests we endorse you, your rideout, your crew or your business.

17. Other services and links

BikeLife uses and links to services run by others, including Apple, Google, map providers, the app stores and social media sites whose handles riders add to their profiles. We do not control them and are not responsible for their content, availability, accuracy, privacy practices or terms, which apply to your use of them. Map and route data includes data © OpenStreetMap contributors, available under the Open Database License.

18. Disclaimers

To the maximum extent permitted by law, BikeLife, and all content, routes, directions, maps, locations, information and features in it, are provided "as is" and "as available", without any warranty, representation or condition of any kind, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, reliability or availability. We do not promise that BikeLife will be uninterrupted, secure, error-free or free of viruses, that any content or route is accurate, lawful or safe, or that any rider is who they say they are.

We are not responsible for the content, statements, conduct, identity or intentions of any rider or host, on or off BikeLife. Some countries do not allow certain warranties to be excluded, so some of this section may not apply to you. Nothing in this section affects your statutory rights as a consumer that cannot be excluded.

19. Limitation of liability

19.1 What we never exclude. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

19.2 If you are a consumer in the UK or the EU. We are responsible to you for foreseeable loss and damage caused by us breaking these terms or failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious it will happen, or if both of us knew it might happen when you agreed to these terms. We are not responsible for loss or damage that is not foreseeable. We provide BikeLife for domestic and private use only, and we are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We are not responsible for what riders and hosts do, including at rideouts, except where we have ourselves been negligent or broken these terms in a way that caused your loss.

19.3 Everyone else, and to the maximum extent permitted by law:

(a) The BikeLife parties are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or use, however caused, even if we were told they were possible.

(b) The BikeLife parties are not liable for any loss, injury, death or damage arising from any ride, rideout, route, direction, meetup or activity, from the conduct of any rider, host or third party, on or off BikeLife, or from any content posted by anyone other than us.

(c) The total liability of the BikeLife parties for all claims arising out of or relating to BikeLife or these terms, in total, is limited to the greater of (i) the amount you paid us, through the app stores, in the twelve months before the event giving rise to the claim, and (ii) one hundred US dollars (USD 100).

19.4 Time limit. To the extent the law allows, any claim against us must be started within one year after the facts giving rise to it arose, or it is permanently barred.

19.5 Why these limits apply. These limits are a fundamental part of the basis on which we offer BikeLife, much of it free of charge, and they apply even if a remedy fails of its essential purpose.

20. Your responsibility to us (indemnity)

To the extent the law allows, you agree to defend, indemnify and hold harmless the BikeLife parties from and against any claims, demands, actions, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) made by any third party or authority, or suffered by us, arising out of or connected with: (a) your content; (b) your use of BikeLife; (c) any rideout you host, organize or promote, including its route and the conduct of the people on it to the extent you are responsible for them under the law; (d) your conduct at any ride, rideout or meeting; (e) your breach of these terms, the Community Guidelines or any law; or (f) your infringement of anyone's rights. We may take over the defense of any claim, and you will cooperate with us. You may not settle any claim that affects us without our written consent. If you are a consumer in the UK or the EU, this section applies only to the extent that the loss was caused by your breach of these terms or of the law.

21. Suspending and ending accounts

21.1 You can leave at any time. You can delete your account at any time in Settings, then Delete account. What happens to your information is explained in our Privacy Policy. Remember to cancel any subscription separately (see 12.5).

21.2 We can suspend or end your account. We may suspend, restrict or end your account, or your access to any part of BikeLife, immediately and without notice, if we reasonably believe that you have broken these terms or the Community Guidelines, that you pose a risk to other riders or the public, that the law requires us to, or that your use could create legal risk for us. We may also end your account for any other reason by giving you reasonable notice, and if you have a paid subscription with time left on it, we will explain what you can do. We may also remove accounts that have been inactive for a long time after telling you.

21.3 After your account ends. Your right to use BikeLife ends, your virtual items end, and your content may be deleted. Sections that by their nature should continue, including sections 5.3 (to the extent stated), 5.6, 5.9, 10, 12.6, 12.8, 16, 18, 19, 20, 23 to 27, continue to apply.

22. Changes to BikeLife and to these terms

22.1 BikeLife changes. We are always changing and improving BikeLife. We may add, change or remove features, and we may suspend or stop BikeLife, in whole or in part, at any time. Where a change significantly and negatively affects you, we will try to give you reasonable notice.

22.2 These terms change. We may update these terms, for example to reflect changes to BikeLife, the law or our business. If a change is significant, we will tell you in the app or by email before it takes effect (usually at least 30 days before, unless the change is needed sooner for legal or safety reasons, or for a new feature). If you keep using BikeLife after a change takes effect, you accept the updated terms. If you do not agree, you must stop using BikeLife and delete your account. Changes do not apply to a dispute that arose before the change, and section 24.10 explains how changes affect arbitration.

23. Disputes: informal resolution first

Most concerns can be resolved quickly. Before starting any court case or arbitration, you and we each agree to try to resolve the dispute informally for at least 60 days. To start, send a written notice with your name, username, email address, a description of the dispute and what you want to [email protected] (or, for us, to the email address on your account). Any time limit for bringing a claim is paused while we try to resolve it informally, to the extent the law allows.

24. If you live in the United States: arbitration and class action waiver

24.1 Agreement to arbitrate. If you live in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to these terms, BikeLife, or any ride, rideout or activity connected with BikeLife, including its formation, validity, scope and enforceability ("dispute"), will be resolved by final and binding individual arbitration, except as set out in 24.3. The Federal Arbitration Act governs this section.

24.2 Rules and costs. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules) in force at the time, available at adr.org, as changed by this section. A single arbitrator will decide the dispute. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules, and we will pay any fees that the AAA's consumer rules require the business to pay. The arbitration may take place by video, by phone, based on written submissions, or in person in the county where you live, as the rules allow. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking it and only to the extent needed to provide that party's individual claim.

24.3 Exceptions. Either of us may bring an individual claim in small claims court if it qualifies and stays there. Either of us may go to court to stop infringement or misuse of intellectual property. Nothing here stops you from bringing a matter to the attention of a government agency.

24.4 Class action and jury waiver. You and we each agree that disputes will be resolved only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated, representative or private attorney general proceeding. You and we each waive any right to a jury trial. The arbitrator may not consolidate more than one person's claims.

24.5 Mass arbitration. If 25 or more similar demands are brought against us by or with the help of the same or coordinated lawyers or organizations, the parties agree that they will be administered in batches of up to 50 demands (with one arbitrator per batch), and that the AAA's Mass Arbitration Supplementary Rules apply. Any time limit for bringing claims is paused for demands waiting to be batched.

24.6 If the class waiver is found unenforceable. If a court decides that 24.4 cannot be enforced for a particular claim or type of relief, that claim or relief will be decided in court, not arbitration, after all other claims have been arbitrated, and the rest of this section still applies.

24.7 Location and law. Any court proceeding allowed by this section will take place in the state or federal courts for the county where you live, unless both of us agree otherwise.

24.8 Your right to opt out. You can opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these terms, with the subject "Arbitration opt-out" and your name, username and email address, saying you want to opt out. Opting out does not affect any other part of these terms.

24.9 Severability. If any part of this section is found to be unenforceable, apart from 24.4, that part will be removed and the rest will still apply.

24.10 Changes. If we change this section, the change will not apply to a dispute you told us about before the change, and you may reject the change by emailing us within 30 days of it taking effect, in which case the previous version applies.

25. Governing law and courts

25.1 These terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or connected with them or BikeLife, are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict of laws rules, except that section 24 is governed by the Federal Arbitration Act.

25.2 Subject to section 24, any dispute that is not arbitrated will be decided exclusively by the state or federal courts located in the State of New York, and you and we consent to the personal jurisdiction of those courts, except that:

• if you are a consumer living in the United Kingdom, the European Union or anywhere else where the law gives you this right, you keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts there; and
• we may bring proceedings to protect our intellectual property or to stop misuse of BikeLife in any court with jurisdiction.

26. Rules for specific countries and states

Where the law where you live gives you rights that these terms cannot take away, you keep those rights. In addition:

United Kingdom

Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015 or other consumer protection law. If BikeLife is faulty, you may be entitled to a repair, replacement or a refund. You can find out more about your rights from Citizens Advice.

European Union and European Economic Area

Nothing in these terms limits your rights under the mandatory consumer protection laws of the country where you live. Our point of contact for users and authorities under the Digital Services Act is [email protected], and we communicate in English.

Germany

If you live in Germany, section 19.3 does not apply. Instead, we are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence, we are liable only for breach of an essential contractual obligation (one whose fulfillment makes the proper performance of the contract possible and on which you regularly rely), limited to the damage typical and foreseeable when the contract was made.

Australia

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees. Where we are allowed to limit our liability for failing to meet a guarantee, our liability is limited to supplying the services again or paying for them to be supplied again. You can complain about serious online harms to the eSafety Commissioner.

New Zealand

If you are a consumer, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, except where you are acquiring BikeLife for business purposes, in which case the Consumer Guarantees Act does not apply.

Canada and Quebec

If you live in Quebec, the arbitration agreement and class action waiver in section 24 do not apply to you, and nothing in these terms excludes rights you have under the Quebec Consumer Protection Act. It is the express wish of the parties that these terms be drawn up in English only. C'est la volonté expresse des parties que la présente convention soit rédigée en anglais seulement.

United States

If you live in California: under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. In connection with the release in section 10 and any release of claims involving other riders, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law of any other state. If you live in New Jersey or any other state whose law limits the provisions in sections 10, 18, 19 or 20, those provisions apply only to the extent that state's law allows.

India, Brazil and other countries

If you live in a country whose law gives consumers rights that these terms would otherwise exclude, such as the Consumer Protection Act 2019 in India or the Consumer Defense Code in Brazil, those rights are not affected.

27. General legal terms

• Entire agreement. These terms and the documents in 1.3 are the whole agreement between you and us about BikeLife and replace any earlier agreements. You have not relied on any statement that is not in them.
• Severability. If any part of these terms is found invalid or unenforceable, it will be changed only as much as needed to make it enforceable, or removed, and the rest will still apply.
• No waiver. If we do not enforce a right straight away, we can still enforce it later.
• Transfer. We may transfer our rights and obligations under these terms to another organization, including as part of a merger, sale or reorganisation, and we will tell you if this happens. Your rights as a consumer will not be reduced. You may not transfer your rights or obligations without our written consent.
• Third parties. Only you and we (and, for the EULA, Apple and Google as it says) have rights under these terms. The BikeLife parties may rely on sections 10, 18, 19 and 20. Otherwise, no one else has any right to enforce these terms.
• Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, including outages of internet, cloud, mapping or app store services, cyber attacks, natural events, war, strikes and changes in law.
• Export and sanctions. You must comply with all export control and sanctions laws that apply to your use of BikeLife.
• Language. These terms are written in English. Any translation is for convenience only, and the English version wins unless the law requires otherwise.
• Headings and examples. Headings are for convenience only. Words such as "including" and "for example" do not limit what comes before them.
• No partnership. Nothing in these terms creates a partnership, joint venture, employment or agency relationship between you and us.

28. Contact and notices

For support, safety concerns and questions about these terms: [email protected].

For legal notices, disputes and arbitration opt-outs: [email protected], and by post to BikeLife Network LLC, 228 Park Ave S, PMB 362349, New York, NY 10003-1502, United States.

For copyright: see the Copyright Policy. For police and authorities: see the Law Enforcement Guidelines.

We may give you notices in the app, by push notification, or by email to the address on your account. Notices by email are treated as received when sent, unless we are told the email failed.

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