Terms and Conditions

Introduction

The use of BikeCompanion is subject to these Terms of Use. By downloading, installing, or using BikeCompanion, you agree to comply with these terms.

BikeCompanion is developed and maintained by CREATIVEO SARL, registered at 4 rue Henri Recouras, Chabeuil 26120, FRANCE.

The application is available on iOS and Android platforms and can be downloaded for free from the Apple App Store or Google Play Store.

By using BikeCompanion, you acknowledge that you are bound by these Terms of Use, as well as by our Privacy Policy. If you do not agree to these terms, please do not use the application.

The use of certain services and features of BikeCompanion may be subject to additional terms, such as paid subscriptions or premium features. By using these services, you also agree to the specific terms applicable to them.

We reserve the right to modify, update, or replace these Terms of Use at any time, at our sole discretion. It is your responsibility to regularly review this page to stay informed of any changes. Continued use of BikeCompanion after any changes have been posted constitutes your acceptance of those changes.

If you have any questions or concerns regarding these Terms of Use, please contact us at clement.lefebvre@bikecompanion.app.

Definitions

The terms used in these Terms of Use shall have the following meanings, unless otherwise stated:

• BikeCompanion: Refers to the BikeCompanion mobile application, developed and maintained by [Nom de la société], offering GPS features, routes, activity tracking, and other related services.
• “User”: Refers to any individual or entity that downloads, installs, or uses the BikeCompanion application.
• “User Account”: Refers to the account created by a User to access and use certain features of BikeCompanion.
• “User Content”: Refers to any content, including but not limited to comments, photos, videos, routes, and activity data, submitted or uploaded by a User via BikeCompanion.
• “Privacy Policy”: Refers to the privacy policy of BikeCompanion governing the collection, use, and disclosure of Users’ personal data.
• “Services”: Refers to all features, services, and content available within the BikeCompanion application.
• “Partner”: Refers to any third-party entity with which BikeCompanion collaborates to provide certain services or features.
• “Paid Subscription”: Refers to a paid subscription that provides access to premium features or exclusive services of BikeCompanion, for a recurring or one-time fee.

By using BikeCompanion, you accept these definitions and terms.

Use of the Application

By using the BikeCompanion application, you agree to comply with these Terms of Use and to adhere to all applicable laws and regulations. Your use of BikeCompanion is conditioned upon the following terms and conditions:

• License to Use: BikeCompanion grants you a limited, non-exclusive, and non-transferable license to use the application for personal and non-commercial purposes. This license does not confer any ownership rights in BikeCompanion.
• User Obligations: You agree not to use BikeCompanion for illegal, fraudulent, or harmful purposes. You commit to respecting the rights of other Users and third parties, as well as the intellectual property rights of BikeCompanion.
• Content and Information: You understand and agree that BikeCompanion may collect and use certain information and personal data in accordance with its Privacy Policy. You are solely responsible for any information or content you submit or upload via BikeCompanion, and you warrant that such content complies with these Terms of Use.
• Access to the Service: BikeCompanion reserves the right to restrict, suspend, or terminate your access to all or part of its Services at any time and without notice, in the event of a violation of these Terms of Use or for any other reason, at BikeCompanion’s discretion.
• Modifications to the Application: BikeCompanion reserves the right to modify, update, or discontinue all or part of its Services at any time and without notice. You agree that BikeCompanion shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
• Commercial Use: Any commercial or promotional use of BikeCompanion, including but not limited to the reproduction, distribution, publication, or transmission of any content, is strictly prohibited without the prior written consent of BikeCompanion.

By using BikeCompanion, you acknowledge and agree that your use of the application is subject to these Terms of Use, as well as any subsequent modifications made by BikeCompanion.

User Account

• 1. Account Creation: To access certain features of BikeCompanion, you may be required to create a user account. When creating your account, you agree to provide accurate, complete, and up-to-date information, such as your name, email address, and any other information required by BikeCompanion. Please refer to the Privacy Policy for more details.
• 2. Account Management: You are responsible for maintaining the confidentiality of your account and login credentials. You agree not to share your credentials with third parties and to take reasonable steps to protect the security of your account. You are solely responsible for any activity that occurs under your account.
• 3. Personal Information: By creating a user account, you consent to BikeCompanion collecting, using, and storing your personal information in accordance with its Privacy Policy. You also agree to receive communications from BikeCompanion, such as notifications about application updates or information about the services offered.
• 4. Use of the Account: You agree to use your account only for legal and legitimate purposes, in accordance with these Terms of Use. You agree not to create an account for another person without their express permission, nor to use another person’s account without their consent.
• 5. Account Termination: You may terminate your user account at any time by following the instructions provided in the application. BikeCompanion also reserves the right to terminate your account or restrict your access to the Services at its sole discretion in the event of a violation of these Terms of Use.

En créant un compte utilisateur sur BikeCompanion, vous acceptez les termes et conditions énoncés dans cette section et dans les présentes Conditions d’Utilisation.

Privacy

• 1. Data Collection and Use: BikeCompanion is committed to protecting the privacy of its users and respecting their privacy rights. By using BikeCompanion, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. This policy explains how BikeCompanion collects, uses, and shares your information, including your activity data, account settings, and other information you provide.
• 2. Personal Data: BikeCompanion may collect various personal information, including but not limited to your name, email address, GPS location, activity data, account preferences, and any other information you choose to provide. This information is used to provide, maintain, personalize, and improve BikeCompanion’s services, as well as to send you important notifications and updates.
• 3. Cookies and Similar Technologies: BikeCompanion uses cookies and other tracking technologies to collect information about your use of the application, improve the quality of our services, and customize your user experience. You can control the use of cookies by modifying your browser or mobile device settings, but this may affect certain features of BikeCompanion.
• 4. Data Sharing: BikeCompanion may share your personal information with third parties, including our partners and service providers, in order to provide, improve, and support our services, as well as to comply with our legal obligations.
• 5. Data Security: BikeCompanion takes reasonable measures to protect your personal information against loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and BikeCompanion cannot guarantee the absolute security of your data.
• 6. Consent and Modification: By using BikeCompanion, you consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy. BikeCompanion reserves the right to modify this policy at any time, at its sole discretion. Changes will take effect upon publication on BikeCompanion. Your continued use of BikeCompanion after any changes have been posted constitutes your acceptance of those changes.
• 7. Contact: If you have any questions or concerns regarding our Privacy Policy or our privacy practices, please contact us at clement.lefebvre@bikecompanion.app.

User content

• 1. Ownership of Content: Any content, including but not limited to comments, photos, videos, routes, and activity data that you submit, upload, publish, or display via BikeCompanion remains your property. You retain all intellectual property rights to this content.
• 2. License to Use: By submitting, uploading, publishing, or displaying content on BikeCompanion, you grant BikeCompanion a worldwide, non-exclusive, transferable, sublicensable, royalty-free, and perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display this content as part of providing BikeCompanion’s Services.
• 3. Inappropriate Content: You agree not to submit, upload, publish, or display any content on BikeCompanion that is illegal, defamatory, obscene, offensive, violent, pornographic, threatening, discriminatory, or otherwise objectionable. BikeCompanion reserves the right, at its sole discretion, to remove any content it deems inappropriate or in violation of these Terms of Use.
• 4. Content Responsibility: You are solely responsible for the content you submit, upload, publish, or display via BikeCompanion. You warrant that you have all necessary rights to submit this content and that its use by BikeCompanion will not violate any intellectual property rights, privacy rights, or any other rights of third parties.
• 5. Content Removal: BikeCompanion reserves the right, at its sole discretion, to remove any content that violates these Terms of Use or is deemed inappropriate, without notice and without liability to you or any third party.
• 6. Reporting Content: If you find any content on BikeCompanion that violates these Terms of Use or is otherwise inappropriate, please contact us at clement.lefebvre@bikecompanion.app to inform us. BikeCompanion will review your report and take appropriate action if necessary.

By using BikeCompanion, you agree to the terms and conditions set forth in this section regarding user content.

Intellectual Property

• 1. Intellectual Property Rights of BikeCompanion: BikeCompanion and its licensors own all rights, titles, and interests in the application, including but not limited to intellectual property rights such as copyrights, trademarks, patents, and trade secrets. Your use of BikeCompanion does not grant you any ownership rights in the application or its content.
• 2. Authorized Use: BikeCompanion grants you a limited, non-exclusive, non-transferable license to use the application in accordance with these Terms of Use. You agree not to copy, modify, distribute, sell, or otherwise exploit BikeCompanion or any element of its content without prior written permission from BikeCompanion.
• 3. User Intellectual Property Rights: BikeCompanion respects the intellectual property rights of Users and is committed to addressing allegations of copyright infringement and other intellectual property rights violations in accordance with applicable law.
• 4. Reporting Intellectual Property Rights Infringement: If you believe that content posted on BikeCompanion infringes your intellectual property rights, please notify us by sending a written notice to clement.lefebvre@bikecompanion.app, including the following information:
  • A detailed description of the content in question.
  • A description of your intellectual property rights in that content.
  • Your name, contact information, and a statement of good faith.
• 5. Content Removal: BikeCompanion reserves the right, at its sole discretion, to remove any content that infringes on the intellectual property rights of a third party, without notice and without liability to you or any third party.

By using BikeCompanion, you acknowledge and agree to the intellectual property rights of BikeCompanion as well as those of other Users, and you commit to respecting these rights.

Payments and Subscriptions

• 1. Subscriptions and Paid Services: BikeCompanion offers certain services and features that may be accessible for a fee, including paid subscriptions that provide access to premium features or exclusive services. By subscribing to a subscription or making a payment for paid services, you agree to pay the applicable fees and adhere to the specified payment terms.
• 2. Payment and Billing: Subscription fees and other charges related to paid services will be billed to your designated payment method. You agree to pay all applicable fees in a timely manner and to maintain valid and up-to-date payment information for the duration of your subscription or use of the paid services.
• 3. Automatic Renewal: Certain subscriptions and paid services may be subject to automatic renewal. By subscribing to a subscription or using paid services, you consent to the automatic renewal of your subscription and the billing of applicable fees to your designated payment method unless you cancel your subscription before the renewal date.
• 4. Refund Policy: Subscription fees and other charges related to paid services are non-refundable, unless expressly stated otherwise by BikeCompanion or required by applicable law.
• 5. Price Changes: BikeCompanion reserves the right to modify the prices of subscriptions and paid services at any time at its sole discretion. Price changes will take effect after prior notification by BikeCompanion.
• 6. Subscription Cancellation: You may cancel your subscription at any time by following the instructions provided in the app or by contacting BikeCompanion customer support. Cancellation of your subscription will take effect at the end of the current billing period.
• 7. User Responsibility: You are solely responsible for all charges incurred on your account, including subscription fees and other charges related to paid services, as well as the consequences of any subscription cancellation or failure to make payments.

By subscribing to a subscription or using paid services from BikeCompanion, you agree to the terms and conditions set forth in this section and in these Terms of Use.

Limitation of Liability

• Disclaimer: By using BikeCompanion, you expressly acknowledge and agree that the application is provided “as is” and “as available.” BikeCompanion makes no representations and gives no warranties of any kind, whether express, implied, or statutory, regarding the accuracy, reliability, completeness, relevance, or timeliness of the information, content, or services provided by the application.
• Use at Your Own Risk: You use BikeCompanion at your own risk. BikeCompanion disclaims any liability for any damage, loss, or harm resulting from your use of the application, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, loss of profits, loss of data, costs of acquiring substitute goods or services, or any other intangible loss.
• Third-Party Content: BikeCompanion may include content provided by third parties, including users and partners. BikeCompanion disclaims any responsibility for this content and does not guarantee or endorse the accuracy, reliability, or relevance of such content. Your use of this content is at your own risk.
• Indemnification: You agree to indemnify and hold harmless BikeCompanion, as well as its officers, directors, employees, agents, and affiliates, from any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising from your use of BikeCompanion or your violation of these Terms of Use.
• Legal Limitation: Some jurisdictions do not allow the exclusion or limitation of certain warranties or conditions, or the limitation or exclusion of liability for certain types of damages. Therefore, to the extent permitted by applicable law, BikeCompanion’s total liability to you for any damages shall not exceed the amount you paid to use the services of BikeCompanion.

By using BikeCompanion, you agree to the terms and conditions outlined in this section regarding the limitation of liability.

Changes to the Terms of Use

• Notification of Changes: BikeCompanion reserves the right to modify these Terms of Use at any time and at its sole discretion. Changes will take effect upon their publication on BikeCompanion or through any other appropriate means of notification. It is your responsibility to regularly review the Terms of Use to stay informed of any changes.
• Acceptance of Changes: By continuing to use BikeCompanion after the publication of changes to the Terms of Use, you accept those changes. If you do not agree to the changes made to the Terms of Use, you must stop using BikeCompanion and terminate your account, if applicable.
• Revision of Terms of Use: BikeCompanion may from time to time revise the Terms of Use to reflect changes in our business practices and regulatory requirements. Changes will be effective upon their publication on BikeCompanion. Your continued use of BikeCompanion after the publication of changes constitutes your acceptance of those changes.
• Communication of Changes: BikeCompanion may inform you of significant changes to the Terms of Use through notifications within the application, via email, or through any other means of communication deemed appropriate.
• Consequences of Non-Acceptance: In the event of non-acceptance of the changes to the Terms of Use, you may request to terminate your account and cease using BikeCompanion. Your continued use of BikeCompanion after the publication of changes constitutes your acceptance of those changes.

By using BikeCompanion, you agree to the terms and conditions outlined in this section regarding changes to the Terms of Use.

Cancellation

• User cancellation: You have the right to cancel your use of BikeCompanion at any time by uninstalling the application from your mobile device and ceasing to access its services. No refunds will be granted for any paid subscriptions already subscribed to in the event of your termination.
• Cancellation by BikeCompanion: BikeCompanion reserves the right to cancel or suspend your access to all or part of the BikeCompanion services at any time and for any reason, including in the event of a violation of these Terms of Use. BikeCompanion will reasonably notify the user of any termination or suspension of access.
• Consequences of Cancellation: In the event of cancellation or suspension of your access to BikeCompanion, you will lose access to all content, data, or features associated with your user account. BikeCompanion reserves the right to retain and use your information in accordance with its Privacy Policy, even after the cancellation or suspension of your account.
• Survival of Clauses: The sections of these Terms of Use that, by their nature, survive termination or expiration of these Terms of Use will remain in effect after termination or expiration, including but not limited to sections regarding intellectual property, limitation of liability, indemnification, and disputes.
• Legal Remedies: BikeCompanion reserves the right to exercise all available remedies, including seeking judicial relief, to enforce these Terms of Use in the event of a violation.

By using BikeCompanion, you agree to the terms and conditions outlined in this section regarding cancellation.

General provisions

• Entire Agreement: These Terms of Use constitute the entire agreement between you and BikeCompanion regarding the subject matter herein and supersede all prior or contemporaneous agreements between you and BikeCompanion, whether written or verbal.
• Assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms of Use without the prior written consent of BikeCompanion. BikeCompanion reserves the right to assign, transfer, or delegate any or all of its rights and obligations under these Terms of Use without your consent.
• Waiver: The failure of BikeCompanion to exercise or delay in exercising any right or remedy under these Terms of Use shall not constitute a waiver of that right or remedy, and no single or partial exercise of any right or remedy shall prevent any further exercise of that right or remedy or any other right or remedy.
• Severability: If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a competent jurisdiction, that provision shall be modified to the minimum extent necessary to make the other provisions of these Terms of Use fully enforceable, and the invalidity, illegality, or unenforceability of such provision shall not affect the validity or enforceability of the other provisions of these Terms of Use.
• No Partnership Relationship: Nothing in these Terms of Use shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and BikeCompanion.
• Notice: Any notice or communication under these Terms of Use shall be in writing and shall be deemed given: (a) when delivered personally; (b) one business day after being sent by registered mail; (c) when sent by email, upon receipt of confirmation of receipt, if sent during the normal business hours of the sender, otherwise at the beginning of the first business day following.
• Language: These Terms of Use are written in French, and any translation is provided solely for your convenience. In the event of any discrepancy between the French version and any translation, the French version shall prevail.

By using BikeCompanion, you agree to the terms and conditions set forth in this section on General Provisions.

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