Effective date: 3 June 2021 (last updated 2 November 2023)

Welcome to Cyql. We want to make sure you understand your and our rights regarding the provision of the Services (as defined below). Please read them carefully.

Conditions of Service
The Cyql websites, related mobile applications and services (collectively, the “Services”) are made available to you by Cyql BV, with address Lauwersweg 9, 9231 GR in Surhuisterveen, subject to these general terms and conditions of service (the “Terms”) and in accordance with the Cyql privacy policy (the “Privacy Policy”). More information about the Services can be found at https://www.cyql.app. You agree that you will abide by these terms and conditions and any additional terms made available to you by Cyql in relation to the Services that form part of these Terms. BY ACCESSING, USING, UPLOADING OR DOWNLOADING INFORMATION OR MATERIALS FROM THE SERVICES, OR BY INDICATING YOUR AGREEMENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR SIMILAR MECHANISM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

If you access the Services or use the Services on behalf of a company or other entity, you represent that you are authorised to bind such entity or affiliated organisations to these terms and conditions and that these terms are fully binding on them. In such case, the term “you” refers to such entity and affiliated organisations. If you are not authorised, you may not access or use the Services. These terms contain disclaimers of warranties and limitations of liability that may apply to you.

The Cyql Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Cyql processing data about you and other Cyql athletes, including your location data. The processing of the data you share with Cyql, including location data, is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.

Dispute resolution notice: these terms contain provisions governing how disputes between you and Cyql will be resolved, including an agreement to arbitrate which, unless you reside in the European Union, with limited exception, requires you to submit claims you have against us to binding and final arbitration and limits your claims against Cyql on an individual basis unless you opt out in accordance with the instructions below.

Registration and accounts
The Services are intended for persons aged 13 years or older only, depending on the age required in your country to use the Services. If you are under the legal age to enter into a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these terms on your behalf.

In order to use the Services, you must register. You agree to (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) manage and timely update the User Data. You agree that Cyql may use your User Data to provide Services that you access or use and as further set out in these Terms. If you provide User Data that is not accurate or current, or if Cyql has reasonable grounds to suspect that such User Data is not accurate or current, Cyql has the right to suspend or terminate your account and refuse your current or future use of the Services. Taking into account your use of the Services, you represent that you are not a person barred from receiving Services under the laws of any applicable jurisdiction.

You are fully responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and your mobile device while you are logged into the Services. You accept responsibility for all activities that occur through your account or from your computer and mobile device. We endeavour to implement reasonable security measures to prevent unauthorised access to your account. However, we cannot guarantee the absolute security of your account, your content (as defined below) or the personal information you provide, and cannot promise that our security measures will prevent third parties or “hackers” from illegally accessing the Services or its content. You agree to notify Cyql immediately if you notice any unauthorised use of your account or password or any other breach of security, and you confirm that you understand all risks of unauthorised access to User Data and other information or content you provide to Cyql.

You may register or login to your account through a third-party network, such as Apple, Facebook or Google. If you do so, you hereby authorise Cyql to pre-fill the registration and other relevant information fields of your account and/or use the credentials of such third parties to log into your account. If you connect your account to a third-party network, you agree to comply with the terms and policies applicable to such third party.

By virtue of certain services connecting to the Google Maps API, you agree to be bound by Google Maps/Google Earth additional terms of service (including Google privacy policy) in connection with your use of these services.

Payments and reimbursements
Payments
If a Club is not part of a partnership with a Cycling Federation, the Club may be required to pay a subscription fee. To pay a subscription fee, you must indicate or provide information about your preferred payment method (e.g. credit card, online payment service, third-party service provider such as iTunes or Google Play, or any other payment method made available by Cyql) (the “Payment Method”) in the Dashboard. If you provide your payment details, you authorise us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment details.  If you have made a payment through Google Play or the iTunes store, you can change your payment method in the relevant shop account. Cyql will not refund any money other than as set out in these terms and conditions. If your payment service provider determines that fraudulent transactions have taken place on your account as a result of using your payment method for the Services, you should contact us immediately at support@cyql.app.

Fees
To access certain features of the Services, you may be required to pay membership fees. Membership fees, as well as any tax contributions, are payable annually. All membership fees must be paid in advance. You agree to pay the membership fee and any other fees charged in connection with your Cyql account, whether on a one-off or membership basis. Cyql reserves the right, at any time and upon timely prior notice, to increase membership fees and related tax contributions, or to institute new fees.

Automatic renewal
Membership fees are automatically billed at the beginning of the annual term, as applicable. These fees will automatically renew until your membership is cancelled or changed. Your membership fee will be the same as the initial fee unless you are otherwise notified in advance. You may cancel your membership at any time in the manner set out below.

Cooling off
If you live outside the United States, you may be entitled to a fourteen (14) day cooling-off period (the “Cooling-Off Period”) and a full refund of the amount you paid, provided that you did not sign up for or use the Services as a member during the Cooling-Off Period.

Cancellation
Cancellation of membership
If you have registered with Cyql.app, you can cancel your membership by sending an email to support@cyql.app.  Cancellation of a membership takes effect at the end of your current billing period. When your membership expires, your account will remain and become a free membership. You can renew your membership at any time without opening a new account. However, membership fees may have increased in the meantime. You can delete your account at any time by sending an email to support@cyql.app or the future option for this in the Mobile app or Dashboard.

Free trials
Your membership may begin with a free trial period. For each membership, the free trial period will be for the length of time specified when you registered. Free trial periods may not be combined with certain other offers, as indicated. If you start your membership with a free trial period, at the end of the period of free trial membership, we will start the annual membership fee through your payment method unless you cancel the membership before the end of the free trial period. Your payment method is valid for approximately one month with service once you register for a free trial. In some cases, your available balance or credit limit may be adjusted according to the authorisation; however, no charge will be made through the payment mode unless you do not cancel before the end of your free trial period. You can cancel your membership at any time in your Account Settings.

Content and behaviour
Content
You own the information, data, text, software, sound clips, photos, images, videos, messages, posts, tags or other materials that you make available in connection with the Services (“Content”), regardless of whether you post them publicly, transfer them privately or submit them via a third-party API (for example, a photo you send via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Content and any name, username or likeness that you publish on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. The licence expires when you delete your Content or your account.

You understand that you, and not Cyql, remain fully responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Cyql does not regularly review, screen and monitor Content posted by third parties on the Services and therefore cannot guarantee the accuracy, reliability or quality of such Content. Cyql may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cyql be liable for any Content, including, but not limited to, errors or omissions in Content or any loss or damage arising from the use of any Content made available on the Services. You agree to be responsible for all risks associated with the use of any Content available on the Services, including any reliance on the accuracy, completeness or usefulness of such Content.

You agree that Cyql is not responsible and does not endorse any statements for Content posted on the Services. If your Content violates these terms, you may be subject to legal responsibility for that Content. Because all Content is between you and Cyql, non-confidential and non-proprietary, we will not be liable for the use or disclosure of any Content. You acknowledge and accept that your relationship with Cyql is not confidential, fiduciary, or any other type of special relationship and that your decision to submit any Content does not place Cyql in a position different from that of members of the general public, including with respect to your Content. Your Content will not be subject to any trust obligation of Cyql other than as set out in our privacy policy and your privacy settings, and Cyql will not be liable for the use or disclosure of any Content you make available.

The Services may provide the option to mark certain Content you submit to the Services as private or public or available only to certain users of the Services. Cyql will maintain the privacy of such Content in accordance with your choices. However, if you do not mark the Content as private or make it available only to a limited group of athletes, or later change this marking making the relevant Content publicly available, you are responsible for the public nature of the Content. Please see our Privacy Policy for more information on managing your privacy settings.

You may grant us permission to use your profile name, profile picture and information about your activities and actions taken, including your use of third-party products, services or devices from advertisements, offers or other commercial context within the Cyql service without compensation to you. For example, we may display your Cyql followers you use for a particular device, product or service made available by a brand that has compensated us to display its ads on Cyql. You can change your settings to prevent your profile name and profile picture from appearing in the ad.

Conduct
We expect you to respect the Cyql Community Standards. The Services are intended for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any part of the Services for commercial purposes, or provide use of the Services or access to Content. You may not use the Services, or assist or encourage any other party to engage in any of the following prohibited activities:

1. Copy, frame or mirror all or part of the Services;
2. Access the services to check availability, performance or functionality;
3. Allowing a third party to access the services;
4. Using, copying, modifying, creating a derivative work of, rebuilding, decompiling or otherwise attempting to discover the source code of the software using the Services, unless expressly permitted or required by law, and in any case without prior written notice to Cyql;
5. Publish, transmit, distribute or store any content, material, information or data that: (1) are illegal, obscene, defamatory, libelous, threatening, harassing, defamatory, hateful or incite violence; (2) are harmful or interfere with the services or networks, equipment, applications, services or websites of third parties (e.g. viruses, worms, Trojan horses, etc.); (3) infringe privacy, intellectual property, right of publicity or other personal rights, including without limitation copyrights, patents, patents, trademarks or other personal rights.); (3) infringe, misrepresent, dilute or otherwise violate privacy, intellectual property, right of publicity or other personal rights, including but without limitation copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) be fraudulent or contain false or misleading statements, claims or assertions (such as “phishing”);
6. Attempts to disrupt, compromise, interfere with or violate the integrity and security of the Services or third-party computers, services, accounts or networks (including, but without limitation, “hacking”, “denial of service” attacks, etc.), including any activity that usually precedes attempts to cause security breaches such as scanning, investigation or other testing or activity around vulnerability assessment, or participating in or allowing any networking or hosting activity that will result in blacklisting or other blocking of Cyql Internet protocol space;
7. Failure to pay any fees owed by you or charges related to the Services;
8. Perform acts that may be harmful to minors;
9. Distribution or disclosure of any part of the Services through any medium, including without limitation by any automated or non-automated “scraper”;
10. The use of automated systems, including but without limitation “robots”, “spiders”, “offline readers”, etc., to access the Services in a way that sends more request messages to Cyql than a human could reasonably produce via an ordinary web browser in the same time frame;
11. Engage in activities that, in our sole judgment, cause or may cause an unreasonable or excessive burden on the infrastructure of our Services;
12. Collect or gather any information relating to an identified or identifiable individual, including account names and information about users of the Services, of the Services;
13. Using the Services for inappropriate commercial solicitation purposes;
14. Access any Content on the Services through any technology or means other than those provided or approved by the Services;
15. Providing personally identifiable information to the Services or to Cyql except as necessary to set up and use your account;
16. Submission of information to the Services or to Cyql that is protected from release by applicable law;
17. Bypassing any measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict the use or copying of content or impose restrictions on the use of the Services or their content;
18. Violating any applicable law, statute, ordinance, regulation, or encouraging conduct that could constitute a criminal offence or give rise to civil liability;
19. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services; or
20. Perform any form of network monitoring or use a network analyser or packet sniffer or other technology to intercept, decode, access or display packets used for communication between the Services’ servers, or data not intended for you.

You have a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use, provided that such link does not represent Cyql or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and that further the linking site does not contain pornographic, illegal, offensive, harassing or otherwise objectionable material. You further have a right to all RSS feeds linked to the Services for your personal, non-commercial use only as described in the Services. We reserve the right to generally revoke these licences or your right to use specific links or RSS feeds at any time with or without cause.

You represent and warrant that: (i) you are authorised to create your own account, either as a private individual or on behalf of an organisation; (ii) you own the Content you publish on or through the Services or otherwise have the right to grant the rights and licences set out in these Terms, (iii) through the publication and use of your Content on or through the Services, the rights of any third party are not or will not be unlawfully appropriated, infringed or impaired, including without limitation privacy rights, rights m.relating to data protection, publicity rights, copyrights, trademarks and/or other intellectual property rights; and (iv) you agree to pay all royalties, fees and other monies owed by you by virtue of the Content you publish on or through the Services.

Interacting with athletes
The Services act as a virtual platform on which athletes can interact and share information. As a neutral facilitator, Cyql is not directly involved in the actual interactions between athletes using the Services. It follows that Cyql has no control over the truth, accuracy, quality, legality or safety of messages posted by athletes using the Services. Cyql has no responsibility to confirm the identity of athletes. Cyql also has no responsibility to confirm or verify the qualifications, background or capabilities of athletes using the Services. You should at all times use common sense and good judgement in your dealings with athletes using the Services.

Clubs and/or cycling associations
Cyql creates and manages certain clubs, as well as the club verification programme. Cyql may choose to verify certain clubs and place a badge on the profile page of the relevant club. We reserve the right to revoke or transfer ownership of clubs, remove content, remove a club’s verified status and badge, and delete a club at any time. If you request to transfer ownership of a club, Cyql may ask you to provide certain documentation.

If you, as an athlete or partner, create a club on Cyql, you are responsible for ensuring that your club: (a) adheres to these Terms of Service and our Community Standards; (b) does not claim or suggest that you are affiliated with Cyql by using Cyql’s intellectual property or otherwise; (c) has the right to use or post any club content, third-party or otherwise, including the right to use name(s), logo(s), images, trademarks, brand names, service marks, copyrights or other intellectual property; and (d) does not use the club to advertise competitions, sweepstakes or other promotions. Club Directors hereby agree to indemnify Cyql against any claims arising from your club, including, but not limited to, claims of intellectual property infringement.

Third Party
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you proceed or make a purchase of any such product or such service, you acknowledge that such third party will be contacted directly and not Cyql. Your interaction with, or participation in, third party advertising campaigns found on or through the Services, including payment and delivery of goods or services, and other terms and conditions, are solely between you and such third party. You are under no obligation to use business transactions with third parties appearing through the Services. YOU AGREE THAT CYQL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM ANY USE OF OR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS MADE AVAILABLE THROUGH THE SERVICES.

Cyql or third parties may provide links to other internet sites or resources through the Services. Cyql does not endorse and is not responsible for any content, information, advertising, products or other materials on or available from such sites or resources. You are aware and agree that Cyql is not responsible for the availability of such external sites or resources.

Electronic communications
The Services allow you to send or post messages on forums and in chat rooms, speak via voice connections over the Internet or send similar messages and communications through third-party service providers, advertisers, your personal contacts, other members and/or Cyql. You agree to use the communication methods available through the Services solely for sending communications and materials related to the subject matter for which Cyql provides the communication method and further agree that all such communications made by you will be deemed your Content and should be subject to and governed by the Terms and applicable laws (including laws regulating direct marketing communications that you will be required to comply with, if applicable). By using the communication methods available through the Services, you agree that (a) all communication methods constitute public and not private communications between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or endorsed by Cyql (unless otherwise expressly stated by Cyql) and (c) communications are not in any way previewed, reviewed, screened, archived or otherwise controlled by Cyql, although Cyql reserves the right to do so at any time in its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically must comply with all legal requirements that written communications would have to meet.

Proprietary Rights
You acknowledge and agree that the Services, any necessary software used as part of the Services (if any), any bundled data based on the Services’ Content and any Content available or made available in the Services contain proprietary and confidential information protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by Cyql or the applicable third party service providers or advertisers, you agree not to modify, rent, lease, lend, sell, distribute or create derivative works based on the Services, the software or Content available through the Services (other than Content that you may submit), in whole or in part.

Cyql grants you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and licence to access and use the Services; however, you do not have the right (and you may not permit third parties to do so) to copy, modify, create a derivative work from, rebuild, disassemble or otherwise attempt to discover any source code, sell, assign, license, grant a security interest in or transfer any other rights in the Services, except as permitted by law. You agree not to seek access to the Services other than through the interfaces provided by Cyql.

The term Cyql, the Cyql logo and other Cyql logos and product or service names are the property of Cyql BV, and you may not use or display them in any way without Cyql’s prior written consent. Third-party trademarks or service marks displayed on the Services are the property of their respective owners.

Cyql reserves all rights not expressly granted hereunder.

Your Feedback
We welcome your comments, feedback, suggestions and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant Cyql a royalty-free, worldwide, non-exclusive, non-transferable, assignable, sub-licensable, perpetual, non-revocable licence to copy, distribute, use to create derivative works, publicly display and perform and otherwise exploit such Feedback and to use, create, commission, sell, import and export and offer for sale products and services based on such Feedback. Therefore, we ask that you do not send Cyql any feedback for which you do not wish to grant us a licence as described above.

Disclaimer of warranties and liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. CYQL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSEES DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CYQL AND ITS OWNERS, LISTED COMPANIES, FUNCTIONARISERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSE MANAGERS DO NOT WARRANTY THAT (a) THE SERVICE WILL COMPLY TO YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THAT THE SERVICE WILL BE TIMELY, SAFE OR FOUND-FREE OR NOT UNDERFRESHED; (d) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIALS PURCHASED OR ACCOMPANIED BY YOU FROM THE SERVICE WILL BE ACCURATE AND RELIABLE; (e) EVENTUAL FAULTS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR SPORTS ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, AND THAT YOU VOLUNTARILY ACCEPT ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION OR NEGLIGENCE OF CYQL OR BY ANY ACT, OMISSION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT CYQL TAKES NO RESPONSIBILITY FOR THE INSPECTION OF, SUPERVISION OF, PREPARATION FOR OR CONDUCT DURING RACES, COMPETITIONS, CHALLENGES OR GROUP ACTIVITIES USING THE SERVICES, INCLUDING ACTIVITIES ORGANISED BY A CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE THAT YOU RELEASE CYQL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSEES (THE “RELEASED PARTIES“) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR SPORTING ACTIVITIES AND/OR USE OF THE CYQL WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, CAUSES OF ACTION, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL or consequential damages arising in any way from (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMMES THAT HAVE BEEN MADE BY CYQL OR FOR WHICH A LICENSE IS GRANTED BY HER, (c) THE WAY YOU USE EXTERNAL SERVICE PROVIDERS OR ADVERTISERS AVAILABLE BY THE SERVICES, (d) ANY DELAYS OR IMPACTS YOU HAVE ACCEPTED TO USE THE SERVICES, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED BY YOU THROUGH THE SERVICES OR FROM CONTENT OBTAINED BY YOU THROUGH THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CYQL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

CYQL DOES NOT ENDORSE YOUR CONTENT OR THE CONTENT OF OTHER ATHLETES AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY OTHER PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, CRIMINAL OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR NATURE BASED ON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE TOTAL LIABILITY OF THE COMPANY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO either (a) FIVE FIFTY EURO (€50) OR (b) THE AMOUNT YOU PAID TO CYQL IN THE 12 MONTHS BEFORE THE DATE OF THE RECEIVAL.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE REMEDIES IF WE CAUSE DAMAGE TO YOU THROUGH OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR THROUGH OUR NEGLIGENCE, AND THESE TERMS AND CONDITIONS DO NOT AFFECT THOSE REMEDIES.

Compensation
You agree to indemnify and hold Cyql and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due from or arising out of Content you submit, publish, or otherwise attempt to make available through the Services, your use of the Services your sporting activities that generate Content that you post or seek to post through the Services (including but not limited to sporting activities in connection with any competitions, races, group rides or other events that Cyql sponsors, organises, participates in, or whose Services are used in connection therewith), your connection to the Services, your breach of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of any other person or entity. Your rights in relation to Cyql are not altered by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Resolution of disputes
If you are a user based in the European Union, Irish law shall govern these terms and conditions and the Irish courts shall have exclusive jurisdiction to resolve disputes arising in relation to the terms and conditions. Notwithstanding this, you may take legal action against Cyql in your Member State of the European Union and invoke certain local laws against Cyql under local law in your Member State of the European Union.

Termination
You agree that Cyql may, under certain serious circumstances and without prior notice, immediately terminate or suspend your account and/or access to the Services. Cause for such termination or suspension includes, but is not limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) termination or material modification of the Services (or any part thereof), (e) unexpected technical or security issue, (f) prolonged periods of inactivity and/or (g) payments of fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your data, files and Content associated with your account, and (z) blocking further use of the Services. You further agree that all terminations or suspensions for cause shall be at Cyql’s sole discretion and that Cyql shall not be liable to you or any third party for any termination or suspension of your account or access to the Services. The following sections shall survive any termination of your account and/or the Terms: Content and Conduct, Clubs, Ownership Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.

General
You agree that no joint venture, partnership, shared responsibility, employment or agency relationship exists between you and Cyql as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Cyql with respect to your use of the Services. Cyql’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by a court of competent jurisdiction the parties nevertheless agree that the court should endeavour to give full effect to the intentions of the parties as evidenced by the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or obligations under these terms and conditions without Cyql’s prior written consent. Cyql shall have the right in its sole discretion to transfer or assign any or all of its rights under these terms and conditions and shall have the right to delegate or use third party contractors to fulfil its duties and obligations under these terms and conditions and under the Services. Cyql‘s notice to you by email, regular mail or notices, messages or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally created and maintained in printed form. Section titles and headings in the terms and conditions are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services
Certain provisions of the terms and conditions may be supplemented or replaced by expressly designated legal notices or terms found on certain pages on the Services. Cyql reserves the right to update the terms and conditions at any time and for any reason in its sole discretion. Cyql will notify you of any material changes to the Terms or for any service or other features of the Services. By continuing to use or access the Services after we have provided you with a notice of change, you agree to be bound by the amended terms. If the amended terms are not acceptable to you, your sole remedy is to stop using the Services.

Cyql and its third-party service providers may make improvements or changes to the Services, products, services, mobile applications, features, programmes and described prices at any time and in their sole discretion. The mobile application may download and install upgrades, updates and additional features to improve and further develop the Services. Cyql reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof at any time with or without notice. You agree that Cyql shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

Support and questions
We respond to all queries about the Services and these Terms via the email address support@cyql.app.

© 2021 Cyql