Terms of Service
1. Validity of Terms of Service
2. Range of Bikemap’s services
1. Bikemap offers online services such as interactive online routing platforms, mobile apps, web and mobile content, APIs and other applications.
2. The user is obliged to use the export functions provided by Bikemap to publish and share route data with other users.
1. A basic use of Bikemap’s services is possible without a mandatory registration.
2. By registering, an extended usage of Bikemap's services becomes available to the user. The following access data is mandatory at the time of registration:
- User name
- Email address
3. 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.
4. 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.
5. The user has the option to indicate additional profile data, such as postal code and country, in addition to mandatory data.
6. With the exception of the username, it is always possible to change the access and profile data online.
7. Each person is allowed to register once and therefore is only able to create one account. At registration, the user therefore confirms that he or she is not already a user of any service of Bikemap.
8. Since there is no legal claim for the usage of its services, Bikemap reserves the right to refuse a requested registration without stating any reasons.
9. The registration via Facebook Connect and Google G+ requires the confirmation that the data authorized by the user on Facebook and Google G+ may be transferred into Bikemap. This data can be changed by the user at a later stage. By connecting the account with other platforms of third parties Bikemap does not take over any responsibility for these networks.
10. Bikemap regularly distributes company or product-related communications to its (successful and fully) registered users by email. By accepting these terms and conditions, the user agrees to receive company or product-related communications by email such as newsletters from Bikemap. Every newsletter includes the option to unsubscribe from the mailing list. If the user unsubscribes from the newsletter, he or she will no longer receive any information from Bikemap by newsletter. Exempt is information the user must receive for legal reasons and system emails requested proactively by the user, such as "forgotten password".
11. 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 30 days at the latest.
4. Availability and usage of Bikemap’s services
1. Bikemap reserves the right to edit, expand, and remove all services at all times as pertaining to content, function, and graphics without providing any reasons.
2. 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’s services.
3. Certain functions are technically restricted, such as, for example, the extent of the uploaded additional information for a route.
4. Bikemap cannot guarantee that the data transfer via external systems, especially the internet and telecommunication networks, is not tracked or distorted by third parties.
5. 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.
5. Usage data and data protection
1. Usage data includes all content and data created and uploaded by users to the various platforms of Bikemap. By creating or uploading content and data with Bikemap’s services, the user agrees that the usage data, especially GPS, access and profile data, is analyzed, edited and saved in Bikemap's system.
2. Every route created on Bikemap is public, or visible to the public. By proactively setting a route to “private”, Bikemap takes reasonably measures that the route is only accessible to the user and not to the public.
3. Usage data is analyzed 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 by the users.
4. Data which can be connected to a certain person is referred to as “personal usage data”. This data will be saved and analyzed in Bikemap's system connected to a certain user in order to automatically enable a customized user experience of Bikemap’s services. The user acknowledges that automatic user analysis might lead to custom advertising.
5. By deleting his or her own account, the user has the option to delete his or her 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.
6. Bikemap cannot fully guarantee for 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.
7. Usage rights of the transmitted data: Regardless of existing copyright or property right, the user is exclusively responsible for his or her transmitted data to Bikemap. The user retains copyright or property right for any transmitted data for which he or she holds 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 not restricted right for the publication and accessibility of his or her 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 especially includes usage, editing, reproduction and the commercial onward sale of data, regardless of the mode of distribution. Further, the user grants other users of Bikemap’s 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.
1. The user confirms that he or she is the owner of his or her data.
2. 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.
3. 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’s services, the user’s violation of the Terms of Service, or the user’s violation of any rights of another person or entity.
4. 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.
7. Disclaimer of Warranties and Liability
1. Bikemap’s 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’s 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 noninfringement.
2. Bikemap and its subsidiaries, affiliates, officers, employees, agents, licensors and other partners make no warranty that
a. The service will be error-free, uninterrupted and timely secure
b. The data obtained from the use of Bikemap’s services are accurate and current
c. The quality of any services subject to charge will meet the user’s expectations
d. Any errors in the services will be corrected
3. 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 the Bikemap’s 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’s services
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.
4. The user agrees that all activities, which are related to Bikemap’s services (including but not limited to cycling) provide certain risks of property damage, injury, or death and that you voluntarily assume all known and unknown risks related to these activities even if caused in whole or part by the action, inaction or negligence of Bikemap or partners. The user’s agrees 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.
5. The user is responsible for choosing a suitable route for himself or herself. Bikemap cannot guarantee and does not take any responsibility for the user's ability to ride the chosen route, whether he or she has 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 a user.
6. 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.
7. The user agrees that Bikemap is not providing any medical advice via its services. The content provided through the 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 he or she is solely responsible for his or her health and actions.
8. Further, Bikemap is not liable for downloaded data or any data obtained by the user when using Bikemap’s services. The user is solely responsible for any damage, which might be caused by his or her software or hardware or the loss of data caused by downloading any material related to the services of Bikemap.
8. Duties of the user
1. The user obliges him or herself not to publicize any contents, which might be illegal, especially pornographical, 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 his or her content, this must be deleted immediately. Bikemap reserves the right to immediately delete content suspected to be unlawful.
2. 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 unauthorized use or abuse, or the suspicion that his or her account is in such danger, via email to email@example.com.
3. The user is obliged to keep his or her login data confidential.
4. Further, every user is obliged not to harass other users through intrusive communication attempts. This especially includes any communication of sexual nature and the distribution of mass emails or spam, i.e. messages to many people at the same time.
5. In addition the user must refrain from any action which could harm the services of Bikemap, especially damaging interventions using technical or electronical devices such as hacking attempts, brute-force attacks, implanting of viruses/worms/trojans and other attempts regarding Bikemap's software and hardware.
6. The user is obliged to report any detected violations of the duties specified above immediately via email to firstname.lastname@example.org.
7. The user agrees that the services of Bikemap contain proprietary and confidential information that is protected by intellectual property and other laws. Except as expressly permitted by law or authorized by Bikemap, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Bikemap’s 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’s services by any means other than through the interface that is provided by Bikemap.
8. Every user must verify for himself or herself the identity of another user before contacting this user. Bikemap does not vouch for the actual identity of its users, because the identification of people is only partially possible on the internet.
9. The user is responsible for choosing a suitable route for himself or herself. Bikemap cannot guarantee and does not take any responsibility for the user's ability to ride the chosen route, whether he or she has 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 a user.
10. 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 www.bikemap.net as well as the apps, are intended to complement, never however replace, generally applicable regulations.
11. By agreeing to these terms of service, the user further confirms that he or she is solely responsible for his or her health and actions.
9. Notice of termination and cancellation of user contract
1. The termination of the user contract occurs either when the user account is deleted or when a postal delivery of the user’s withdrawal confirmation is sent to Bikemap. The user accepts and understands that the usage agreement is not cancelled by the deinstallation of the app.
2. Bikemap reserves the right to exclude the user of Bikemap’s services without any cancellation period for any reason at any time.
1. The basic use of Bikemap’s services is freely available. Premium services are subject to payment and conditions outlined in 11. Should the user wish to make use of services subject to charge, Bikemap will expressly point out this fact.
2. The downloading of data related to the services of Bikemap may result in connection fees from telecommunication providers or other third parties.
1. The receipt of Premium services of Bikemap is restricted to registered users on www.bikemap.net and/or the Bikemap app.
2. The purchase of Premium services is made via:
a. the Bikemap app and is facilitated by the payment procedures of the respective app store.
b. the website www.bikemap.net and its payment procedures.
Possible fees connected to the return of direct debits are charged to the user. Payment procedures are facilitated by Bikemap's external partners, Wirecard AG and Recurly Inc. Their respective terms and conditions apply..
3. Any payment for the Premium services are to be settled in advance and are immediately payable upon completion of the order. Immediately upon booking and payment the valid period of use is visible in the user's account. If the payment method SEPA direct debit is applicable the period for an advance notice in case of first-time direct debits will be shortened to a bankday.
4. The valid period of use of the Premium services are found in the price overview of Bikemap's Premium services. Only if the user is explicitly notified of a minimum use period, the applicable sum is due in case of termination of contract. Should no termination follow, the minimum period is extended by an additional period of the same duration. The user may terminate the services stating no reasons and observing no deadline, but complying with the minimum use period, or extended use period, as previously booked. The user may manage and cancel his or her booked services directly in the user account.
5. The user's claim to recompensation of charges already paid is excluded in the case Bikemap should terminate the contract based on good cause, or if access is temporarily withdrawn until further notice, i.e. clarification of said good cause. Good cause is deemed to exist if the user is in breach of the law (especially copyright regulations) or grossly violates the terms of this contract. Recompensation payment is also excluded if the user terminates the contract before the end of the minimum use period, or subsequent extension periods. Should the user terminate the contract citing good cause for which Bikemap can be held responsible, a recompensation of charges is possible. To achieve this, the user must direct his or her termination request together with detailed outline of the good cause to Bikemap.
6. Unless it is terminated before its expiry, the Bikemap subscription is renewed immediately after the minimum use period, or a subsequent extension period, has passed. For this purpose, Bikemap will charge the amount agreed during the original booking and use the same payment procedure as during the previous transaction.
1. The user may revoke his or her contractual agreement within 14 days in writing (Email, post) without citing reasons. This period begins upon receipt of the notice in writing, but not before conclusion of contract. To observe the revocation period, it is sufficient to send a timely message to: Bikemap GmbH, Siebenbrunnengasse 44, A-1050 Vienna. Email: email@example.com
2. In case of an effective revocation, Bikemap will reimburse the user for any payments already received within 30 days via the payment procedure of his or her choice.
3. Should the contract be fulfilled by both parties as expressly requested by the user, the revocation period expires early before the user has exercised his right of cancellation.
13. Final provisions
1. An adaptation of these Terms of Service is possible at all times.
2. 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’s services. The Terms of Service constitute the entire agreement between Bikemap and the user with respect to your use of Bikemap’s services.
3. Austrian law is valid with the exception of reference provisions and the UN convention on the international sale of goods.
4. Place of fulfillment is Vienna, Austria.
5. Only the German version of Terms of Service is legally binding.
6. If certain terms of this Terms of Service agreement should become ineffective, other rules remain unaffected.