1. Validity of Terms of Service
The following contract is agreed upon with Bikemap GmbH(hereinafter “Bikemap”), registered and based in Hegelgasse 21, 1010 Vienna, Austria. The use of Bikemap services is only possible with an explicit acceptance of the ToS. These Terms of Service shall apply to all points of access, including domains and mobile applications of Bikemap services as well as services of third parties in which the services of Bikemap are integrated and therefore are accessible online.
By accepting these terms of service, the user agrees to the following:
2. Range of Bikemap services
Bikemap services consist of but are not limited to:
- Interactive online routing platforms, web and mobile content, APIs and other applications.
- Viewing biking routes with detailed information (such as elevation profile, length of the track, textual route descriptions, photographs or videos of the tour).
- Creating biking routes with detailed information (such as elevation profile, length of the track, textual route descriptions, photographs or videos of the tour). The user may use provided features (such as the electronic transmission of messages) to present these to other users as well as the public.
3. Registration at Bikemap
- Basic use of Bikemap services is possible without registration. By registering, extended usage of Bikemap services becomes available to the user. The following access data is mandatory at the time of registration:
– Personal Email address;
– Password of the user’s choice (for security reasons, we recommend at least six (6) characters consisting of letters numbers and/or symbols);
- The user is obliged to provide accurate, true and complete data as prompted by the site’s registration form and to regularly update this data to keep it accurate and current.
- Bikemap takes reasonable measures to assure data privacy, but cannot guarantee that the access data is private.
- Bikemap makes best efforts that with the exception of the username, the access data is not visible to any third parties. It lies in the user’s responsibility to adopt security measures such as best-practice password security.
- Optionally, the user also has the ability to specify profile data about data beyond his duty. Depending on the settings chosen by the user, or clear identification by Bikemap, this data is publicly visible for other users at the URL that the user has made available. this data is for other users at the URL the user made available publicly visible.
- A legal entitlement to registration as a user of the services of Bikemap does not exist. This allows Bikemap to reject a registration requested by an appropriate message to the user without providing any justification or reasoning.
- With the successful completion of the initial registration process, the users will immediately be able to use Bikemap services, however the registration will only be fully completed once the user confirms their email via the verification link sent by Bikemap.
- If the registration process is not fully completed, Bikemap has the right to irreversibly delete the incomplete account and any data provided by the user after thirty (30) days of having sent the verification email.
- Registration via third-parties (i.e. Facebook Connect, Google G+) requires the confirmation that the data authorised by the user on Facebook and Google G+ may be transferred to Bikemap. This data can be changed by the user at a later stage. By connecting the account with third-party platforms, Bikemap does not take over any responsibility for these networks.
- Bikemap regularly distributes company or product-related communications (marketing emails) to fully registered users that have opted-in during the sign-up process. Every newsletter includes the option to unsubscribe from the mailing list. If the user unsubscribes from the newsletter, they will no longer receive any marketing information from Bikemap by newsletter.
4. Costs of Bikemap Services
- Users can register for Bikemap services free of charge. Some features of the Bikemap service are also free of charge, however to access all the features users must subscribe to a premium package. Some premium features might be available for a limited time if users make use of the in-app advertising, this is further elaborated in §5 of these ToS. When the user wishes to use paid services of Bikemap, it will be specifically mentioned and must be confirmed explicitly by the user within a purchase process. When the purchase process is prompted, the user will have the following memberships to choose from:
a) Bikemap premium monthly plan
The premium monthly plan unlocks all features of Bikemap services and is billed on a monthly basis. Once purchased, the subscription will renew automatically until the user cancels their subscription, which they can do so without any time limitation or justification via their profile or the communication channels specified in § 7. The user is solely responsible for keeping track of their billing dates in order to avoid unwanted billing as established in §13.12. The cost of the monthly plan varies between app stores, currencies and countries.
b) Bikemap premium yearly plan
The premium one-year plan unlocks all features of Bikemap services and is billed on a yearly basis. Once purchased, the subscription will renew automatically until the user cancels their subscription, which they can do so without any time limitation or justification via their profile or the communication channels specified in § 7. The user is solely responsible for keeping track of their billing dates in order to avoid unwanted billing as established in §13.12. The cost of the yearly plan varies between app stores, currencies and countries.
c) Bikemap premium three-year plan
The premium three-year plan unlocks all features of Bikemap services and is billed as a one-time payment without automatic renewal. Refunds are only possible in the cases specified by §15. The cost of the 3-year plan varies between currencies and countries and is not available to be purchased via the app stores.
2. Bikemap reserves the right to add, update, modify, or eliminate any premium subscription plan in the interest of improving and ensuring continuity of its services. Users with a purchased plan will not be affected unless they take any of the actions mentioned in §4.3.
3. Previous premium plans acquired by users but no longer regulated in the ToS, (i.e. the lifetime membership) will continue to be applicable to users until they either i)cancel their subscription and/or ii) delete their account. These actions are not reversible and any ambiguity will be settled according to these ToS.
4. Bikemap offers Android and Web users a pause function for premium subscriptions. For more detailed information please visit https://help.bikemap.net/hc/en-us/articles/360017552160.
5. In-app Advertising
- In-app advertising is currently only available in the Bikemap Android App. Bikemap ensures that this will not impair the users experience on the app, as it will adhere to the Better Ads Standards.
- Mobile ads in the Android app will only be shown to free-version users that have never been premium before. Previous premium users will not be exposed to ads, even if they currently don’t hold a subscription.
- Third party products and services made available on the Bikemap Android App 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 Bikemap. 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 Bikemap 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 through the services. Further disclaimer of liability can be found on §12 of these Terms of Service.
- Bikemap or third parties may provide links to other internet sites or resources through the Services. Although Bikemap implements good advertising standards, Bikemap 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 Bikemap is not responsible for the availability of such external sites or resources.
- The ads displayed in the Bikemap Android App are chosen through a bidding process conducted through our third party providers. The type of ad can range between a vast matter of subjects, such as but not limited to: food delivery, sports bets, crypto traders, etc. Bikemap filters ads to the best extent possible, however some categories might be filtered as “default”. Advertisers are liable to the extent of not categorising ads correctly and thus infringing Google Play policies. Bikemap has no liability over this. We encourage users to report ads that are contrary to good morals, scams, or that engage in racism, homophobia, or anything contrary to the law or good morals.
- All ads shown on the Bikemap Android App are controlled by the ad network managed by the third parties. Users can report ads by clicking on the icon provided in one of the four corners of the ad. Reporting and further actions are carried out by the corresponding third parties.
- Before users are prompted with ads, consent will be requested and saved. Users can withdraw consent at anytime by changing the privacy settings on their device. Should you have any difficulty in withdrawing consent, or have any further questions please contact us at email@example.com or firstname.lastname@example.org.
- We support the Self-Regulatory Principles for Online Behavioural Advertising of the digital advertising alliance in the US, the Canadian digital advertising alliance in Canada, and the European digital advertising alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit ad choices (US), your ad choices (Canada), or your online choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region.
- The ads available on the Android app are “rewarded video based ads”, in which users have the option to exchange the complete and uninterrupted view of one (1) ad for one (1) hour of premium. This hour of premium is not cumulative or saveable. If the user prompts the view of another ad while their hour is already progressing, the timer will only be restarted again to one (1) hour.
- Once the hour of premium has been consumed, the user will get a notification offering them to watch another ad so as to continue with the premium access for another hour.
6. Community Reports
- Bikemap’s community reports are points on our map that provide information about obstacles, hazards, and general points of interest (POIs). These reports can be added by every user, creating a realtime map and valuable source of information accessible to the entire Bikemap community.
- Community reports are public, therefore usernames will appear in the report timeline. Additionally, users have the option to include additional information to the report, such as pictures and descriptions. Users are able to delete the report as long as no other user has interacted or added to it. Once this happens, the author loses modification rights as the report is then part of the Bikemap Community. This is further elaborated on in §10 if these Terms of Service.
- Bikemap offers this feature with the intention of being able to provide safe and useful routes possible. However, Bikemap and its affiliates have no way of ensuring that the information provided in these community reports are error-free. Furthermore, Bikemap holds no liability with regard to the way users implement, share or update information. Therefore the user acknowledges that Bikemap has no liability with regard to the accuracy or veracity of information. This is further elaborated on §12 of this Terms and Conditions.
7. Right of Cancellation
- All of our customers located in the European Union have the right to cancel any purchase within the first fourteen (14) days, starting from the day on which the contract is concluded. You can exercise your right of cancellation by contacting us by email, letter or fax to request your cancellation. You do not have to provide any reason for your cancellation. If you wish to exercise your right of cancellation, you can contact us via Zendesk, via the emails email@example.com and firstname.lastname@example.org or at the following address: Bikemap GmbH Hegelgasse 21/7 1010 Vienna, Austria.
- If you have purchased services or products via the Apple app store, please explicitly state so when you contact us and we will provide you with further details on how to claim your refund. Bikemap cannot directly process your refund in such cases.
- In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. Obligations to reimburse payments are to be fulfilled within 30 days after the effective cancellation.
- The User’s right of cancellation expires prematurely if the contract is completely fulfilled by both parties at the express request of the user, before he has exercised his right of withdrawal.
8. Availability and usage of Bikemap services
- Bikemap reserves the right to edit, expand, and remove all services at all times as pertaining to content, function, and graphics in the interest of improving and ensuring the quality of its services.
- Continuous availability of the website and other technical services cannot be guaranteed. Therefore the user does not have any claim on a permanent availability of Bikemap services.
- Certain functions are technically restricted, such as, for example, the extent of the uploaded additional information for a route.
- Bikemap does not hold any responsibility for the services of third parties. Legal transactions agreed to via external pages, banners or other types of links between the user and a third party exclusively lead to a legal contract between the user and the third party.
9. Usage data and data protection
- Usage data includes all content and data created and uploaded by users to the various platforms of Bikemap. By creating or updating content and data with Bikemap services, the user agrees that the usage data, specifically GPS, routes, access and profile data, is analysed, edited and saved in the Bikemap system.
- The rights that are granted to Bikemap according to §9.1 of the content uploaded by a user does not expire on the date in which the contract for the use of Bikemap services according to §14 is terminated or content is removed by the user themself from the Bikemap system, (i.e. is deleted).
- Every route created on Bikemap is public, or visible to the public. By proactively setting a route to “private”, Bikemap takes reasonable measures that the route is only accessible to the user and not to the public.
- Usage data is analysed and edited independently of personal identity and saved anonymously by the Bikemap system. Collecting and saving anonymous usage data continuously serves to examine, update and enhance the information content provided to our users.
- Data which can be connected to a certain person is referred to as “personal usage data”. This data will be saved and analysed in the Bikemap system connected to a certain user in order to automatically enable a customised user experience of the Bikemap service. The user acknowledges that automatic user analysis might lead to custom advertising.
- By deleting their own account, the user has the option to delete their personal data. Under special circumstances, especially should suspicions about illegal actions arise, the personal usage data may be retained even after deletion of an account, and/or forwarded to third parties whose rights may have been violated.
- Although Bikemap implements appropriate technical and organisational measures, Bikemap cannot fully guarantee the security of information in the user’s account. Hostile or intentionally aggressive attacks on the server and/or the live system are fended off to our best possible knowledge and efforts, however, continuous availability and full function of the system cannot be guaranteed.
10. Intellectual Property and Usage rights of transmitted data
- Regardless of existing copyright or property right, the user is exclusively responsible for their transmitted data to Bikemap. The user retains copyright or property right for any transmitted data for which they hold copyright or property right. The user grants non-restricted rights of the transmitted data to Bikemap:a. The user grants Bikemap the non-exclusive and geographically non-restricted rights for the publication and accessibility of their transmitted data.b. In addition, the user grants Bikemap a worldwide, non-exclusive and free exploitation licence on all transmitted, publicly accessible data on the platforms of Bikemap. This includes usage, editing, reproduction of the data, regardless of the mode of distribution.c. Further, the user grants other users of Bikemap services a worldwide non-exclusive and free licence regarding the access to publicly available data on Bikemap platforms as well as the usage, editing and reproduction of the provided services. This specifically includes the right to save, copy and share routes.
2. All content (texts, photos, videos) that have been uploaded to Bikemap by the user and made available for other users in connection with the personal profile of the user, can always be removed by the users themselves from the system of Bikemap.
3. Bikemap users are allowed to add additional data to their routes (i.e. pictures, descriptions, etc) with the presumption that they hold all rights over these images. Bikemap does not earn any monetary incentive for any image or content data uploaded by he user. The user confirms and understands that they are solely liable for any copyright or intellectual property related claims with regards to the content data they upload.
- The user confirms that they are the owner of their data.
- Bikemap does not take any responsibility for any user-generated content and does not claim ownership of the created and uploaded content. Further, Bikemap does not supervise the user-created and uploaded content.
- The user therefore exempts and holds Bikemap and its subsidiaries, affiliates, officers, agents, representatives, employees, licensors or other partners harmless from any claim or demand made by any third party due to or arising out of the data transmitted in any way to the Bikemap by the user, the user’s use of Bikemap services, the user’s violation of the Terms of Service, or the user’s violation of any rights of another person or entity.
- The user is obliged to inform Bikemap about any claim by a third party immediately, in full and truthfully, as required for an examination of the claims and for a legal defence in the case of any claims by third parties. Additional damage claims Bikemap may have against the users remain unaffected.
- The usage of third party data can possibly be subject to further Terms of Service.
12. Disclaimer of Warranties and Liability
- Bikemap services are provided without warranty. Bikemap and its subsidiaries, affiliates, officers, employees, agents, licensors and other partners hereby disclaim all warranties with regards to Bikemap services such as all online platforms, mobile apps, content, APIs and other applications, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non infringement.
- Bikemap and its subsidiaries, affiliates, officers, employees, agents, licensors and other partners make no guarantee that:a. The service will be error-free, uninterrupted and timely secure;
b. The data obtained from the use of Bikemap services are accurate and current;
c. The quality of any services subject to charge will meet the user’s expectations, or
d. That any errors in the services will be corrected.The user agrees that the released parties are not liable to the user or any third party for any damages connected with:
a. The user’s use or misuse of programs or equipment created or licensed by Bikemap or any third parties;
b. any delay or inability to use the site;
c. any information, software, program, software service or content obtained through Bikemap services, even if Bikemap has been advised of the possibility of damages;
d. the user’s dealings with third party service providers or advertisers available through Bikemap services, and,
e. the act of other users, as well as any damage caused by this. The user is responsible for the consequences of any legal, extrajudicial or other reclamation or charge caused by conflicts with other users or matters related to such conflicts.
3. The user agrees that all activities which are related to Bikemap services (including but not limited to cycling) provide certain risks of property damage, injury, or death and that users voluntarily assume all known and unknown risks related to these activities as Bikemap cannot in any way foresee dangers or guarantee the conditions or accuracy of the information of the routes uploaded by the users. Users agree to release Bikemap and its subsidiaries, affiliates, officers, employees, agents, licensors and other partners from any liability connected with these activities and agrees not to sue the released parties for any claims, actions injuries, damages or losses related to these activities.
4. The user is responsible for choosing a suitable route for themself. Bikemap cannot guarantee and does not take any responsibility for the user’s ability to ride the chosen route, whether they have the necessary equipment to do so, whether riding the route is feasible, and whether the weather conditions are suitable for walking or riding a route without posing a substantial threat to the life, body and health of the user.
5. Bikemap cannot be held responsible for the actions of its users and assumes that all applicable legal requirements are met by the user. Any routes, content and services made available by the services of Bikemap, are intended to complement, never however replace, generally applicable regulations.
6. The user agrees that Bikemap is not providing any medical advice via its services. The content provided through Bikemap including all text, photographs, images, graphics, audio and video and other materials do not replace a professional medical consultation. The user further confirms that they are solely responsible for their health and actions.
7. Further, Bikemap is not liable for downloaded data or any data obtained by the user when using Bikemap services. The user is solely responsible for any damage, which might be caused by their software or hardware or the loss of data caused by downloading any material related to the services of Bikemap.
13. Duties of the user
- The user obliges themself not to publish any contents, which might be illegal, especially Pornography, racist, sexist, offensive, libellous or in breach of the rights of third-parties. The user is therefore responsible for all transmitted content. Should a user be aware of the unlawfulness of any of their content, this must be deleted immediately. Bikemap reserves the right to immediately delete content suspected to be unlawful.
- Any kind of misuse of services is forbidden and leads to an immediate blocking of the user by Bikemap. Every user is obliged to instantly report any unauthorised use or abuse, or the suspicion that his or her account is in such danger, via email to email@example.com.
- The user is obliged to keep their login data confidential.
- Further, every user is obliged not to harass other users through intrusive communication attempts. This especially includes any communication of sexual intent, terrorism, hate speech, etc.
- In addition, the user must refrain from any action which could harm the services of Bikemap, especially damaging interventions using technical or electronic devices such as hacking attempts, brute-force attacks, implanting of viruses/worms/trojans and other attempts regarding the Bikemap software and hardware.
- The user is obliged to report any detected violations of the duties specified above immediately via email to firstname.lastname@example.org.
- The user agrees that the services of Bikemap contain proprietary and confidential information that is protected by intellectual property and other laws. Except when expressly permitted by law or authorised by Bikemap, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Bikemap services, including, but not limited to all software and content available on Bikemap, in whole or in part.
- The user agrees not to access Bikemap services by any means other than through the interface that is provided by Bikemap.
- Every user must verify for themself the identity of another user before initiating contact. Bikemap does not vouch for the actual identity of its users, because the identification of people is only partially possible on the internet.
- The user is responsible of its safety and preservation when choosing a route for themself and must ensure that they have the necessary equipment, as well as confirming that the chosen route is feasible, and whether the weather conditions are suitable for walking or riding a route without posing a substantial threat to their life, body and health.
- Bikemap cannot be held responsible for the actions of its users and assumes that all applicable legal requirements are met by the user. Any routes, content and services made available by Bikemap, on the website http://www.bikemap.net as well as the apps, are intended to complement, never however replace, generally applicable regulations.
- The user is solely responsible of keeping track of their billing dates in order to avoid unwanted billing. Bikemap is not in any way obliged to refund payments on the basis of the user forgetting to cancel their subscription and not using it. This complements what was established in §16.
- By agreeing to these terms of service, the user further confirms that they are solely responsible for their health and actions.
14. Cancellation of the Contract
- The registered user is entitled at any time to terminate the contract with Bikemap without specifying a reason and without a deadline to meet.
- In order to terminate the contract, the user must delete their account. To do so they must refer to their profile either on the website or app and follow the subsequent instructions. Alternatively, the user can request the termination and deletion of their account via the contact information established in §7.
- Bikemap recommends to all of its users that want to delete their account to cancel any ongoing subscription plan before deletion, as it is possible that the deletion of the account may not automatically trigger the cancelation of the subscription. Should this still arise a refund option would be studied according to §15.
- Users with a Bikemap account created via a third-party (Apple, Android) and that have purchased a subscription via the corresponding app store need to cancel their subscription directly within the app store. On occasions it is possible that the deletion of the account may not automatically prompt the cancelation of the subscription. Further explanation and contact details can be found above in §7 and in the Terms of Service of the corresponding app store.
- With the deletion of the account, Bikemap will delete all data that could possibly identify the user and the account. Specifically, these are the credentials for the purposes of §3 and its personal usage data for the purposes of §9. If the affected user has set content in the form of photos, video or graphics, on the Bikemap platform, these will also be deleted.
- The measures taken under the above clause §14.4. shall not apply to content created or shared on Bikemap or externally through functions provided by the app (i.e. route creation) for both, other users and made publicly available data, nonetheless this data will no longer be associated with the profile information.
- The user accepts and understands that the usage agreement is not cancelled by the deinstallation of the app.
- Bikemap reserves the right to exclude the user of Bikemap services without any cancellation period for any reason at any time.
- Refunds are generally carried out according to the rules in §7. Please note that there is no further 14 day refund period in the event of your Bikemap subscription being renewed as established in §13.12.
- Refund requests based on bugs that impede the correct use of Bikemap services and other special circumstances will be carried out on a case by case basis.
- Bikemap does not generally carry out partial refunds. Nonetheless, should the request arise it will ultimately be decided on a case by case basis.
- Bikemap cannot carry out refunds to users that have made purchases via an app store. In this case please refer to the rules in §14.4.
- For more information on refunds and how to request them please refer to https://help.bikemap.net/hc/en-us/articles/360019150160-Requesting-a-refund .
16. Final Provisions
- Bikemap may modify these Terms of Service in the interest of improving and ensuring the continuity of its services and a clear contractual relationship with its users. Any and all changes will be informed to the users in a timely manner before their enforcement, in order to give the users time to confirm or revoke their consent.
- The user agrees that no joint venture, partnership, employment or agency relationship exists between Bikemap and the user as a result of these Terms of Service or the usage of Bikemap services. The Terms of Service constitute the entire agreement between Bikemap and the user with respect to your use of Bikemap services.
- Austrian law is valid with the exception of reference provisions and the UN convention on the international sale of goods.
- The place of fulfilment is Vienna, Austria.
- The place of jurisdiction for all disputes is Vienna, Austria.
- Only the German version of Terms of Service is legally binding.
- If certain terms of this Terms of Service agreement should become ineffective, other rules remain unaffected.
Last updated: 31st March, 2023.