Valid from 1 Jun 2020.
The Cyclers App websites, related mobile applications and services (collectively, the “Services”) are made available to you by Umotional s.r.o., Bělehradská 858/23, 120 00 Praha 2, Czech Republic, subject to these Terms of Service (the “Terms”) and in accordance with the Cyclers App Privacy Policy (the “Privacy Policy”). More information about the Services may be found at urbancyclers.com. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN IN” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
The Services are intended solely for persons who are 15 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use some of the Services, you must register. You agree to provide true, accurate, current and complete information about yourself (“Member Data”) and maintain and promptly update the Member Data. You agree that Cyclers App may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Cyclers App has reasonable grounds to suspect that such Member Data is inaccurate or not current, Cyclers App has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Cyclers App of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Cyclers App.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Cyclers App to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. You may cancel at any time.
The fees for the subscription needs to be paid through a third party (iTunes App store or Google Play) in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. If you provide your payment information, you authorize respective third party service provider to receive, store and encrypt your payment information. In no event will Cyclers be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
To manage subscriptions created via Google Play please follow the steps in this guide from Google Play. To manage subscriptions created via iTunes App Store please follow the steps in this guide from Apple
Our fees are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to update our fees from time to time. You acknowledge that, if we change the fees, this will not affect your existing subscription fee, therefore, if you have signed up for a subscription at a certain fee, any fee changes will not affect any current subscription or any renewals.
You may cancel your subscription at any time through the Google Play (guide) or iTunes App store (guide). The cancellation of the subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
You should be aware that there are certain things that Cyclers App will not take responsibility for. Certain functions of the app will require the app to have an active internet connection and GPS location. The connection can be Wi-Fi, or provided by your mobile network provider, but Cyclers App cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Cyclers App cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Cyclers App cannot accept responsibility.
It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Cyclers App app won’t work properly or at all.
Some of the Services are aimed at tracking your physical movements (“Activity Tracking Services”). These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to speed, distance, or calorie data. By using Activity Tracking Services, you acknowledge and agree that Cyclers App is not responsible or liable for any inaccuracy in such data.
Cyclers App own the intellectual property rights to any and all protectable components of the Services, including but not limited to the name of the Services, artwork and end-user interface elements contained within the Services, and many of the individual features. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Services. Cyclers App claims no intellectual property rights over the Content you upload or provide to the Service.
The User agrees not to publish any content (mainly in the form of text, photos, video, graphics) on the Cyclers App app that is unlawful, in particular racist, pornographic, offensive or defamatory or violates third party rights, in particular violates copyrights. Accordingly, the user is fully responsible for all content that they published and distributed with the Cyclers App app.
In case a user is advised that the content uploaded to the Cyclers App app by them may be violating law and/or these terms of use, they shall immediately remove this content from the Cyclers App app. In case Umotional obtains evidence that the user publishes any objectionable content that may be violating law and/or these terms of use, Umotional is entitled to remove such objectionable content from the Cyclers App app without notice to the affected and/or to exclude (possibly) illegal behaving users from using the services of the Cyclers App app.
The User understands that the User, and not Umotional, is entirely responsible for all content they upload, post, email, transmit or otherwise make available via the Cyclers App. The User agrees that Umotional is not responsible for, and does not endorse, content posted in the Cyclers App. Umotional does not guarantee the accuracy, integrity or quality of user generated content available in the Cyclers App. The user understands that by using the Cyclers App, they may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Umotional be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available in the Cyclers App. You agree to bear all risks associated with the use of any content available in connection with the Cyclers App, including any reliance on the accuracy, completeness, or usefulness of such content.
The User is aware that they have to make a careful decision in terms of their personal skills and equipment as well as the prevailing weather and traffic conditions whether, and if so, which routes provided by the Cyclers App they select from for their activities. Accordingly Umotional takes no responsibility or liability for that:
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Cyclers App. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT CYCLERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
As one of the data sources, Cyclers App uses OpenStreetMap maps, a collaborative project to create a free editable map of the world based on the Open Database License. Suggested routes have information purposes only. Due to road works, current traffic, weather, and other events the real conditions on the route can differ from those suggested by the application. Use your judgment, be careful and follow road signs and other warnings. It is completely your responsibility that you follow traffic rules and ride safe.
Cyclers App or third parties may provide links to other internet sites or resources through the Services. Cyclers App does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Cyclers App is not responsible for the availability of such external sites or resources.
The materials within Cyclers App are provided on an 'as is' basis. Cyclers App makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cyclers App does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services.
In no event shall Cyclers App be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services, even if Umotional, s.r.o. or a Umotional, s.r.o. authorized representative has been notified orally or in writing of the possibility of such damage. Cyclers App accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of the Services. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Cyclers App and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. Cyclers App reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Cyclers App shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Cyclers App do not promise that they will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you.
We will update the Terms when necessary to reflect changes in Cyclers App. When we post changes to the Terms, we will revise the "last updated" date at the top of the Terms. If there are material changes to the Terms, we will notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
These terms and conditions are governed by and construed in accordance with the laws of the Czech Republic and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
If you have a question or a concern regarding these Terms or the Services, please contact us by using email info@cyclers.app. We will respond within 30 days.