Terms of Service for the Cannondale Mobile App

1. Important Notices

1.1 Please read these Terms carefully before accessing or using the App. By using the App, and/or indicating your acceptance when they are presented to you, you agree that these Terms will bind you legally. If you do not agree to these Terms, you must not use the App.

1.2 The terms contained in the section titled 'Disclaimer' and 'Your Liability' are particularly important.

1.3 The App is intended for your personal non-commercial use only, and that is the limit of your license to use it, unless you are an employee or owner of an authorized Cannondale bicycle dealer, in which case you may use the App for such limited commercial purposes.

1.4 Your access to and use of the App is also governed by our Privacy Policy located at www.cannondale.com/en/app/app-privacy-policy or available through the App ("Privacy Policy").

1.5 The minimum system and compatibility requirements for the App are specified on the applicable app store. If the device you use to access the App does not meet the minimum requirements, the App may not work on your device as intended, or at all.

1.6 We recommend that you keep a copy of these Terms and the Privacy Policy for your future reference.

2. Changes to these Terms

2.1 We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.

2.2 Your use of the App following any changes to these Terms will constitute your acceptance of such changes. The "Last Updated" legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the App.

3. Minimum Age Requirements

3.1 You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms, or, if you are not, you confirm that you have obtained parental or guardian consent to enter into these Terms. You must be at least 16 years of age to use the App, including to submit any personal data to us through or in connection with your use of the App. If you are a parent or guardian and you provide your consent to your child’s use of or access to the App, you agree to be bound by these Terms in respect of your child’s use of the App.

4. The license

4.1 Cycling Sports Group grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited, revocable license to use the App for your own non-commercial entertainment purposes, or for limited commercial purposes relating to your operation of an authorized Cannondale bicycle dealership if applicable, subject to these Terms.

4.2 Cycling Sports Group does not grant you any other express or implied rights or license in or to the App, and all right title and interest that Cycling Sports Group has in the App not explicitly granted to you by Cycling Sports Group or its licensors are retained by Cycling Sports Group or its licensors.

4.3 You acknowledge that you have no right to have access to the App in source code form or in unlocked coding or any other human-readable form.

4.4 We reserve the right to modify, suspend or discontinue the App and the license granted to you in whole or in part at any time, with or without notice. You agree that Cycling Sports Group shall not be liable to you or to any third party for such modification, suspension or discontinuation.

4.5 If you obtained the App from the Apple App Store, you must also use the App in accordance with the Usage Rules in Apple's App Store Terms of Service.

4.6 If you obtained the App from Google Play, you must also use the App in accordance with the Google Play Terms of Service.

4.7 You may share the App in accordance with family-sharing rules, family-group rules, and volume purchase rules of the app store where you obtained the App. You must not otherwise transfer the App to any other person or share the App with any other person.

4.8 If you sell any device on which the App is installed you must remove the App from the device before you deliver the device to the buyer.

5. Restrictions

5.1 Your right to use the App is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:

1. not to use the App for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
2. not to interfere with the operation or fair play of the App and to comply with our Acceptable Use Policy (see below);
3. not to copy the whole or any part of the App, except where such copying is incidental to the normal use of the App for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
4. not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video;
5. not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the App;
6. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other product or service;
7. not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent such activities are permitted under applicable law;
8. not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the App (including object and source code), in any form to any person without prior written consent from us;
9. that you are responsible for any content or data that you import into the App;
10. not to remove any copyright, trademark or other proprietary rights notices from the App, and to include our copyright notice on any copies you make of the App on any medium; and
11. that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data or other data using the App.

6. Intellectual Property Rights

6.1 The App (including all information and materials that we provide on or through the App, including without limitation any data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) is protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, "Intellectual Property Rights").

6.2 You acknowledge that the App and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and will remain the property of Cycling Sports Group and/or its licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use the App in accordance with these Terms.

7. Acceptable Use Policy

7.1 Protection of our reputation and third party rights

You agree not to use the App in any way:

1. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
2. that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
3. that is harmful to minors in any way; or
4. that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

7.2 Protection of our systems

In addition, you agree not to:

1. use any features of the App for anything other than their intended purpose, including exploiting any glitches for personal gain;
2. interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks;
3. attempt to gain unauthorized access or provide automated access to or use of the App (or to other computer systems or networks connected to or used together with the App), whether through password mining, unauthorised scripts, scrapers or offline readers or any other means;
4. attempt to impersonate another person or entity, including (without limitation) any representative of Cycling Sports Group;
5. stalk, harass, interfere with, restrict or inhibit any other user’s use and enjoyment of the App, including by bullying, grieving, shouting, flooding or using excessively large images so that the screen goes by too fast to read;
6. interfere with or disable any security-related features of the App;
7. not to export from anywhere any part of the App or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
8. make improper use of our support services, including by submitting false abuse reports; or
9. assist, permit or encourage any person to perform any of the activities described above.

7.3 How might we enforce these Terms of Use if you violate them?

We reserve the right to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include: terminating these Terms and your right to use the App, and/or reporting you to law enforcement authorities or relevant rights holder.

8. Digital Millennium Copyright Act

8.1 We respect the intellectual property rights of others. It is our policy, when we deem appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

8.2 To submit a copyright infringement notification to us, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.3 You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

8.4 Send your DMCA notice to: [email protected]

9. Feedback

9.1 If you provide Cycling Sports Group with any feedback or suggestions regarding the App ("Feedback"), you hereby transfer to Cycling Sports Group all rights in such Feedback. You also agree that Cycling Sports Group shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.

9.2 Do not send us confidential information or personal data in Feedback: Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

10. Third Party Services

10.1 Third Party Links & Ads

1. The App may make available access to information, products, services and other materials made available by third parties, including links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third Party Links & Ads"). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.
2. Where the App contains links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by Cycling Sports Group with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through the App at any time. In addition, the availability of any Third Party Links & Ads through the App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.

10.2 You use Third Party Links & Ads at your own risk

You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party’s terms and policies (including terms of use and privacy policies) apply to these Terms.

11. Disclaimer

11.1 The App is provided "as is" and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the App will be uninterrupted or error free, that defects will be corrected or that the App or its content are free of viruses or other harmful components. You acknowledge that your access to the App may by interrupted for scheduled or emergency maintenance purposes, to fix bugs, or for security reasons. Access to the App may also be interrupted for reasons outside of Cycling Sports Group's reasonable control.

11.2 You acknowledge that internet transmissions are never completely private or secure. Cycling Sports Group cannot guarantee the confidentiality and integrity of any documents or information sent or received via the App once they are outside of Cycling Sports Group's firewalls. This means that any document, message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

11.3 We attempt to ensure that information provided on or in connection with the App is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or maintenance of such information, including all descriptions, images, references, features, content, specifications, products and prices through, or of, the App. Such information is also subject to change at any time without notice. The inclusion of any products or services in the App at a particular time does not imply or warrant that these products or services will be available at any time.

11.4 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described on the applicable app store and as described in these Terms meet your requirements.

11.5 If you: (i) live outside of the United States of America; and (ii) have paid for the App; and (iii) are acting as a consumer, Cycling Sports Group is obliged to ensure that it is fit for purpose, as described, and of satisfactory quality.

11.6 Our responsibility for loss or damage suffered by you (if you live outside the United States of America):

1. We are responsible to you only for foreseeable loss and damage caused by us.

   If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into, both we and you knew it might happen. Other than under section 11.6(b) below, our liability to you for foreseeable loss and damage caused by us is limited to the greater of: (i) the total amount paid by you to us in the preceding 12 months (if any) to access or use the App; or (ii) ten pounds sterling (£10).

2. When are we liable for damage caused by a defect in the App?

   If the App damages a device, data or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you appropriate compensation. However, we will not be liable for damage which you could have avoided by following our advice, including to apply an update within 30 days after Cycling Sports Group made the update available to you, patch or error correction offered to you free of charge, if you have not backed-up your device at least once in the 60 days before the damage occurred, or to have in place the minimum system requirements advised by us.

3. We are not liable for business losses

   We only supply the App for your personal sports use. If you use the App for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4. What we do not exclude

   Nothing in these Terms shall limit or exclude our liability for:

   1. death or personal injury resulting from our negligence;
   2. fraud or fraudulent misrepresentation; or
   3. any other liability that cannot be excluded or limited by applicable law.

11.7 Our responsibility for loss or damage suffered by you (if you live in the United States of America):

Section 11.6 does not apply to you. Instead, the following applies:

1. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

11.8 Without limitation to the preceding paragraphs, you may contact us using the contact details at the top of these Terms if you have support queries. We will make reasonable efforts to deal with your queries.

12. Your Liability

12.1 You agree to compensate us and our licensors, service providers, suppliers, assignees, and our and their respective officers, directors, employees, shareholders, agents and representatives for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and cooperate with us in relation to any such claim.

13. Availability

13.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.

13.2 You also acknowledge that unplanned system outages may occur

1. The App is provided over the Internet and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
2. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.

14. Terminating these Terms

14.1 We may terminate these Terms (including the rights and licenses granted to you) immediately by written notice to you for any reason, including if you commit a material or persistent breach of these Terms. These terms will automatically terminate if you delete the App from your device.

14.2 Upon such termination for any reason:

1. all rights granted to you under these Terms shall cease except for section 11 (Disclaimer) and section 12 (Your liability) which shall continue in force even after any termination.
2. you must cease all activities authorized by these Terms;
3. we may cease providing you with access to the App; and
4. you will not be compensated for any time you have spent using the App.

15. Communications between us

15.1 How can you contact us

If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to [email protected].

15.2 How we may contact you

If we have to contact you or give you notice in writing, we will normally do so by email to an email address you have provided, or through the App.

16. Other important terms

1. We may transfer these Terms to someone else

   We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.

2. Nobody else has any rights under these Terms of use

   These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

3. If a court finds part of these Terms unlawful or unenforceable, the rest will continue in force

   Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

4. Even if we delay in enforcing these Terms, we can still enforce them later

   If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

5. These Terms and our Privacy Notice are the entire agreement between you and Cycling Sports Group relating to the subject matter in these Terms and our Privacy Notice. They supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
6. Any translation of these Terms from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will apply.

7. Which laws apply to these Terms and where you may bring legal proceedings

   Unless you live in the United States of America, these Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are resident in another country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.

   If you live in the United States of America, to the fullest extent permissible by law, the Terms shall be governed by the laws of the State of Connecticut, United States of America (the “State”) without giving effect to (a) its conflict of laws provisions, or (b) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State for any and all disputes, claims and actions arising from or in connection with the App.

17. Please read this section if you obtained the App from the Apple App Store:

If you obtained the App from the Apple App Store, this section explains how responsibility for the App is allocated as between Cycling Sports Group and Apple. If you obtained the App from Google Play or another app store, this section 17 does not apply to you.

1. These Terms are between Cycling Sports Group and you. These Terms are not between you and Apple.
2. Cycling Sports Group's responsibilities and liabilities to you are explained in the other sections of these Terms.
3. Cycling Sports Group, not Apple, is solely responsible for the App and its content.
4. Apple has no obligation to provide any maintenance or support services for the App.
5. Cycling Sports Group, not Apple, is responsible for any product warranties in relation to the App.
6. If the App does not conform to a warranty given by Cycling Sports Group, you may notify Apple, and if you have paid a purchase price for the App, Apple will refund you the purchase price. Apple has no other warranty obligation in respect of the App.
7. Any other claim that you might have in relation to the App is Cycling Sports Group's sole responsibility (and not Apple's) and will be determined in accordance with the law and these Terms.
8. Cycling Sports Group, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your use or possession of the App. This includes: product liability claims; (ii) any claim that the App does not comply with any law; and (iii) consumer protection, privacy and similar claims.
9. If a third party claims that the App or your use or possession of the App infringes that third party’s intellectual property rights, Cycling Sports Group, not Apple, will be solely responsible for investigating, settling, defending and/or discharging the claim.
10. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Apple and its subsidiaries may enforce these Terms in accordance with the Contracts (Rights of Third Parties) Act 1999. Apart from this, no other person has rights under the Contract (Rights of Third Parties) Act 1999 to enforce these Terms. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms in order to rescind, vary, suspend, enforce or terminate these Terms, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms.
11. You warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.