Terms and Conditions

1. Agreement to Terms and Conditions       

1.1 By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Eidos/Bike the World (we/us), concerning your access to and use of Our Services such as our website https://bikethe.world (Site) and our application ‘Open Road’.

You agree that by using Our Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. 

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference. 

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference. 

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of Our Services represents that you have accepted such changes. 

1.4 We may update or change Our Services from time to time to reflect changes to our products, our users’ needs and/or our business priorities. 

1.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

1.6 The services are intended for users who are at least 13 years in the United States and 16 in the European Union.  If you are under this age, you are not permitted to register for Our Services without parental permission.

1.7 Additional policies that also apply to your use of Our Services include our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Our Services, you consent to such processing and you warrant that all data provided by you is accurate.  

2. Acceptable Use of Our Services    

2.1 You may not access or use Our Services for any purpose other than that for which we make the site and Our Services available. Our Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

2.2 As a user of Our Services, you agree not to:   

• Systematically retrieve data or other content from Our Services to a compile database or directory without written permission from us
• Make any unauthorized use of Our Services, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
• Share your account and membership with others.
• Use a buying agent or purchasing agent to make purchases or sign up for memberships
• Use Our Services to advertise or sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
• Engage in unauthorized framing of or linking to our website
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services, or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on Our Services
• Attempt to impersonate another user or person, or use the username of another user
• Sell or otherwise transfer your profile
• Use any information obtained from Our Services in order to harass, abuse, or harm another person
• Use Our Services or content from Our Services as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part Our Services
• Attempt to access any portions of Our Services that you are restricted from accessing
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
• Delete the copyright or other proprietary rights notice from any of the content
• Copy or adapt Our Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of Our Services, or any material that acts as a passive or active information collection or transmission mechanism
• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or Our Services
• Use Our Services in a manner inconsistent with any applicable laws or regulations
• Threaten users with negative feedback or offering services solely to give positive feedback to users
• Misrepresent experience, skills, or information about a User
• Advertise products or services not intended by us
• Falsely imply a relationship with us or another company with whom you do not have a relationship   

3. Information you provide to us

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use Our Services. 

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us here.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.     

4. Our content   

4.1 Unless otherwise indicated, the Website and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our website and in our app (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.

4.2  Except as expressly provided in these Terms and Conditions, no part of the Website, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4.3  You shall not (a) try to gain unauthorized access to our website or any networks, servers or computer systems connected to Our Services; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Our Services or Our Content, including the modification of content you may have downloaded.

4.4 We shall (a) prepare Our Services and Our Content with reasonable skill and care; and (b) use industry-standard security software to make sure Our Services is secure.

4.5 The content in Our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of Our Services. 

4.6 Although we make reasonable efforts to update the information in Our Services, we make no representations, warranties or guarantees, whether express or implied, that Our Content in Our Services are accurate, complete or up to date. 

5. Management of Our Services     

5.1  We reserve the right at our sole discretion, to (1) monitor Our Services for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from Our Services or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage Our Services in a manner designed to protect our rights and property and to facilitate the proper functioning of Our Services. 

5.2 Even though we work very hard to protect your account and personal data, we cannot guarantee third parties circumvent our security. It is your responsibility to immediately make contact with us if you think your account has been hacked or compromised. We advise you to protect your computer by installing antivirus and malware software, keeping your account data secret and installing the newest updates and security patches.

5.3 You are responsible for configuring your information technology, computer programs and platform to access Our Services and you should use your own virus protection software.  

6. Modifications to and availability of Our Services     

6.1 We reserve the right to change, modify, or remove the contents of Our Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of Our Services without notice at any time.   

6.2 We cannot guarantee that Our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Our Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Our Services during any downtime or discontinuance of Our Services. We are not obliged to maintain and support Our Services or to supply any corrections, updates, or releases.

6.3 There may be information on Our Services that contains typographical errors, inaccuracies, or omissions that may relate to Our Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

7. Disclaimer/Limitation of Liability     

7.1 Our Services are provided on an as-is and as-available basis. You agree that your use of Our Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with Our Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. 

We make no warranties or representations about the accuracy or completeness of Our Services content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from Our Services; and/or (4) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

7.2 Our responsibility for loss or damage suffered by you:

Our entire liability and your exclusive remedy under these terms and conditions shall not exceed the price paid for the use of Our Services, if any. In no event shall Bike the World or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Bike the World or its supplier has been advised of the possibility of such damages, or any claim by a third party.

In no event shall Bike the World or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, damage to hardware or software used at the time our software is used, injury or loss of heath in connection with the use of our software or other pecuniary loss) arising out of the use or inability to use this product, even if Bike the World/Eidos has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

We create our software to help our community staying healthy and passionate about training. We advise to use our software with reason. It is the responsibility of the athlete to train according to fitness and avoid injury. We cannot be held responsible for any health issues which happens before, during and after the use of our software. If in doubt about whether you are fit to use training software such as “Open Road” please contact your physician before use. By accepting these terms and conditions you also accept that it is your responsibility to gain a proper understanding of your health situation and whether or not you are fit to use Our Services. You accept that Bike the World can in no way be held responsible for any of your health-related issues whether our software has been used or not. We advise you to put safety and health first when training. Any data from using our software cannot be replaced by a physician’s advice.

We disclaim all liability for any loss whatsoever to the extent permitted by local law. For any claim under these terms it is limited to the amount you have paid for your usage for the last 12 months.

8. Term and Termination     

8.1 These Terms and Conditions shall remain in full force and effect while you use our Services or are otherwise a user of Our Services, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us here.

8.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. 

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion. 

8.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.    

9. Terms of Sale

9.1 The membership to use our software is invoiced at the beginning of the membership and runs until you end your membership. The membership is automatically invoiced in advance at an interval defined at the beginning of the membership. You have the right to use the software until the period you have paid for is over. By accepting these terms and conditions you also agree to waive your right of withdrawal defined in your country of residence, so you can start using the software immediately. Instead of the right to withdrawal, we offer you a free trial period. If for some reason we do not receive the membership fee, we will contact you to solve the issue. If the issue cannot be solved within the period of a valid membership, we have the right to withdraw access to the software until the issue has been solved. It is your responsibility to keep your credit card information up to date. We do not repay membership fees. If an athlete wants to end a membership, it is the end-users responsibility to end the membership in good time before the next interval of invoicing.

9.2 We offer new members a free trial before starting a paid membership. When the free trial period has ended the athlete will automatically be invoiced the membership fee. If for some reason our software does not live up to the expectation of the athlete we hope the athlete will use our feedback function so we can improve our service. If the athlete wants to avoid the paid membership, the athlete must terminate the membership before the free trial ends.

9.3 Discounts on our membership fees follow the conditions under which the membership was created. If a membership is canceled the discount is lost. Unless anything else is stated in the conditions for the discount, the discount will last as long as the membership isn’t canceled. We have the right to change the fees for our services. If a price is changed it will happen in a proper manner. This means pricing of our membership will last the entire paid period and cannot be changed during the period. If we change the price of membership we will inform you in good time before the membership is renewed. If the athlete disagrees with the new membership fee it is the responsibility of the athlete to cancel the membership before the new membership fee is enforced.

9.4 We will collect tax on behalf of the country you reside in. This means we will collect tax under the terms and conditions which your country requires us to do.

10. Copyright and Trademarks

10.1 Our Services is licensed, not sold. You acknowledge that no title to the intellectual property of Our Services is transferred to you. You further acknowledge that title and full ownership rights to Our Services will remain the exclusive property of Bike the World/Eidos and/or its suppliers, and you will not acquire any rights to Our Services, except as expressly set forth above. All title and copyrights in and to Our Services (including but not limited to any images, photographs, animations, video, audio, music, text and graphics incorporated into or downloaded to the local computer by “Open Road”), the accompanying printed materials, and any copies of the “Open Road”, are owned by Bike the World/Eidos. Our Services are protected by copyright and trademark laws and international treaty provisions. You may not copy the printed materials accompanying Our Services or use any material provided with the software such as images or videos without using our software.

If you find any copyright or trademark infringement with Our Services please contact us here and we will take action immediately.

11. General       

11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through Our Services, satisfy any legal requirement that such communication be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via Our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 

11.2 These Terms and Conditions and any policies or operating rules posted by us on our website or with respect to Our Services constitute the entire agreement and understanding between you and us.  

11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  

11.4 We may assign any or all of our rights and obligations to others at any time.  

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.  

11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. 

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

11.8 Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to Our Services please follow this link http://ec.europa.eu/odr    

11.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us here.