Last updated: April 20th, 2018
This End User Licence Agreement ("Agreement", or "EULA") governs your relationship with the Bike Routes App (the "App", "Application") developed by Refined Insight Ltd. ("Us", "We"). It is important that you read this carefully because you will be legally bound to this Agreement. Your access to and use of the App is based on your acceptance of and compliance with this Agreement. This Agreement applies to all users, customers, and others who access or use the App. By accessing or using the App you agree to be bound by this Agreement and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the App.
We grant you a revocable, non-exclusive, non-transferable, limited licence to download, install and use the App solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
Refined Insight Ltd, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you to us, resulting from (i) your access to or use of the App; (ii) your inability to access or use the App; (iii) any conduct or content of any third-party on or related to the App; (iv) any content obtained from or through the App; and (v) the unauthorised access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH YOU UNDERTAKE USING DATA GENERATED FROM THE APP (INCLUDING BUT NOT LIMITED TO CYCLING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF REFINED INSIGHT LTD. OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE REFINED INSIGHT LTD., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF REFINED INSIGHT LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Refined Insight Ltd. makes no guarantees, representations or warranties of any kind as regards the App and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law.
The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Refined Insight Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements. If you breach any of this Agreement and Refined Insight Ltd. chooses not to immediately act, or chooses not to act at all, Refined Insight Ltd. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach this Agreement. Refined Insight Ltd. does not waive any of its rights. Refined Insight Ltd. shall not be responsible for any purported breach of this Agreement caused by circumstances beyond its control. A person who is not a party to this Agreement shall have no rights of enforcement. You may not assign, sub-licence or otherwise transfer any of your rights under this Agreement.
If you have any questions regarding this Agreement, please contact us by email at info@refinedinsight.com.