Terms of Service

The following terms and conditions govern all use of the Cycling Analytics website and all content, services and products available at or through the website (“Website”). The Website is owned and operated by David Johnstone (“the Owner”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Owner’s Privacy Policy) and procedures that may be published from time to time on this Site by the Owner (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Owner, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Cycling Analytics account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify the Owner of any unauthorized uses of your account or any other breaches of security. The Owner will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of contributors

If you operate an account, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, binary files, an audio file, or anything else. By making Content available, you represent and warrant that:

The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
Your profile is not named in a manner that misleads your readers into thinking that you are another person or entity. For example, your profile’s name is not the name of a person other than yourself.

By submitting Content to the Owner for inclusion on your Website, you grant the Owner a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, subject to the terms of the Privacy Policy. If you delete Content, the Owner will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, the Owner has the right (though not the obligation) to, in the Owner’s sole discretion (i) refuse or remove any content that, in the Owner’s reasonable opinion, violates any policy of the Owner or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Owner’s sole discretion. The Owner will have no obligation to provide a refund of any amounts previously paid.

Payment

Paid services such as premium are available on the Website (any such services, an “Paid Feature”). By selecting a Paid Feature you agree to pay the Owner the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Feature and will cover the use of that service for a monthly or annual subscription period as indicated. Paid Feature fees are not refundable.

Responsibility of Website visitors

The Owner has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, the Owner does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Owner disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content posted on other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cycling Analytics links, and that link to Cycling Analytics. The Owner does not have any control over those non-Cycling Analytics websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cycling Analytics website or webpage, the Owner does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Owner disclaims any responsibility for any harm resulting from your use of non-Cycling Analytics websites and webpages.

Copyright infringement

As the Owner asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cycling Analytics violates your copyright, you are encouraged to notify the Owner. The Owner will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Owner will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Owner or others. In the case of such termination, the Owner will have no obligation to provide a refund of any amounts previously paid to the Owner.

Intellectual property

This Agreement does not transfer from the Owner to you any of the Owner’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Owner. All trademarks, service marks, graphics and logos used in connection with Cycling Analytics are trademarks or registered trademarks of the Owner. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of the Owner’s or third-party trademarks.

Changes

The Owner reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Owner may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

The Owner may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cycling Analytics account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have use Paid Features, such account can only be terminated by the Owner if you materially breach this Agreement and fail to cure such breach within thirty (30) days from the Owner’s notice to you thereof; provided that, the Owner can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties

The Website is provided “as is”. The Owner and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Owner nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of liability

In no event will the Owner, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Owner under this agreement during the twelve (12) month period prior to the cause of action. The Owner shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General representation and warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the the Owner’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Owner, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between the Owner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Owner, or by the posting by the Owner of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Australia.

These terms of service are based on the Wordpress Terms of Service, which is made available under a Creative Commons Sharealike license.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned, or are undergoing business asset transfers, or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

In particular, the following data may be collected when using this website, some of which may be shared with trusted third parties.

IP address, browser, operating system, and other information about your computing device may be collected and stored in logs and shared with Google Analytics for the purpose of learning about the usage of this website.
Name, email address and other personal data will be recorded when making an account on this website. Some personal data, including name and email address, may be shared with Intercom for the purpose of communication with users. Please refer to the Intercom privacy policy for more information.
GPS coordinates, heart rate data, power data (when available), and other data about bike rides will be stored when bike rides are uploaded. Ride data will not be shared except in accordance with the user's privacy settings, in the case of business asset transfers, when required by law, or when permission has been granted by the user. Ride data may be analysed in bulk and non-personally identifying information may be released to the general public.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.