App - Terms

1. Welcome to the CYKE assistant

1. These are the terms of use for the CYKE assistant app accessible via Google play and the App Store.

2. The CYKE assistant app allows you to activate your personal CYKE account and to use your CYKE bike.

3. By using the CYKE assistant app , you agree with these terms. If you do not accept some of these terms, then your only remedy is to stop all use of the CYKE assistant app .

4. If you have any question, complaint or suggestion regarding the CYKE assistant app , or if you wish to contact us, you can send us a message at hello@cykebikes . com.

2. Eligibility

1. You are eligible to use the CYKE assistant app if you meet the following conditions: you are over 18 years old and not legally incapacitated; you are the legitimate owner of a CYKE bike; you have a valid e-mail address; you have a mobile device with internet access and GPS signal; we have confirmed the activation of your personal CYKE account.

2. Using the CYKE assistant app is free but subject to these terms. We may refuse to activate a personal CYKE account in our sole discretion and close the personal CYKE account of any user who we believe, in our sole discretion, violates theses terms or misuses the CYKE assistant app and/or a CYKE bike.

3. Activation of your personal CYKE account

1. In order to activate your personal account, you must provide us with your e-mail address, the reference of your CYKE bike and your serial number (serial number is on the frame of your bike ).   Once we have confirmed the activation of your personal CYKE account, you can start using your CYKE bike with the app.

4. We respect your privacy    The CYKE app uses cookies as indicated in our Your personal data are processed in accordance with our data protection policy.

5. Intellectual property

1. If you comply with these terms, we grant you a non-exclusive, non-transferable, limited and revocable right of use of the CYKE assistant app for non-commercial purposes, as described in this document.

2. The CYKE app and all content that we put at your disposal, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

3. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the CYKE assistant app or of the Content, expect as explicitly allowed in these terms or otherwise explicitly permitted in writing by us and the respective holders.

6. Contents

1. CYKE may provide links to third party apps/contents/services for information purposes.

2. CYKE may also allow users to post contents such as pictures, ratings, reviews, comments, questions, and other information (“User Contents”), which are the property of the user concerned.

3. You agree not to post User Contents with any commercial or professional purposes or that may be unlawful, harmful, abusive, offensive, defamatory, infringing, harassing, invasive of personal privacy or otherwise inappropriate. We reserve the right to refuse and/or remove any User Contents that we believe, in our sole discretion, violate these terms.

4. By posting User Contents on the CYKE assistant app you grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual, worldwide and irrevocable license to use, modify, translate, reproduce, publish and distribute your User Contents in connection with CYKE and any other of our services and of the services of our affiliated companies; you grant each User of the CYKE assistant app a non-exclusive, non-transferable and royalty-free license to use your User Contents as permitted through the features of the CYKE assistant app and in accordance with these terms; you represent and warrant that you have all rights necessary for the purpose of this section.

7. Force majeure

1. If CYKE is unable to fulfil any of its obligations towards the Client due to force majeure, this obligation shall be suspended during the force majeure situation.

2. Events of force majeure are all circumstances external to CYKE's will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems, late delivery or absence of delivery by suppliers or other third parties.

8. Liability

1. The CYKE assistant app is provided on an "as is" basis, without express or implied warranty regarding quality, accuracy, correctness, relevance, merchantability, fitness for a particular purpose or non-infringement.

2. We do not explicitly or implicitly make any commitment concerning the CYKE assistant app's availability at a specific place and a specific point in time, or its compatibility with your hardware, or undisturbed use, continuity, the absence of viruses, bugs or other faults and any remedies; the CYKE assistant app's content, including the User Contents and the links to third party apps/contents/services.

3. To the extent permitted by applicable law, we are not liable for any harm resulting from the (use or inability to use the) CYKE assistant app and our products and services, unless in the case of intentional fault.

4. Our liability is in any case expressly excluded for indirect damages such as (but not limited to) loss of income, loss of productivity, loss of data, viruses, hacking, damages to equipment on which the CYKE assistant app is downloaded, lawyers' fees, or for moral damages such as (but not limited to) reputational damage.

5. The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.

6. Despite the foregoing provisions, if CYKE is found liable for a given damage, CYKE's liability is, in any case, limited to the price you have paid for the CYKE products concerned or to the sums effectively paid to CYKE by its insurance for the indemnification of the damage concerned, whichever is higher.

9. Complaints

1. If you would have complaints concerning CYKE's products, please do not hesitate to contact us as indicated under 1 above.

2. These terms are exclusively governed by Belgian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these terms, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.

11. General provisions

1. If, irrespective of the reason, a provision in these terms is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.

2. We may modify these terms from time to time. We will give you notice of any modifications through your personal CYKE account. Use of the app after such notice constitutes acceptance without reservation of the modified terms.

3. You acknowledge that we may from time to time release updated or upgraded versions of the CYKE assistant app, and may automatically electronically update or upgrade the version of the CYKE assistant app that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms will apply to all such updates and upgrades.

4. These terms are without prejudice to your rights pursuant to mandatory law.

5. An omission or a negligence in enforcing a provision of these terms does not imply a waiver of such provision.

1 OVERVIEW

1.1 This Privacy Policy outlines how CYKE assistant app collects, processes and uses information in compliance with applicable laws and regulations. User’s privacy and the confidentiality of the information that the user might obtain through or upload on CYKE assistant app.

2 CONSENT AND INFORMATION COLLECTION AND USE

2.1 When you join us as a user of our Services, we ask for information that will be used to activate your account, provide the Services to you, communicate with you about the status of your account, and for other purposes set out in this Privacy Policy. Your name , address, telephone number, email address, credit card information and certain other information about you may be required to provide the Services or disclosed by you during your use of the Services. You will also be asked to create a private password, which will become part of your account information.

2.2 By providing information to us and by retaining us to provide you with the Services, you voluntarily consent to the collection, use and disclosure of such information as specified in this Privacy Policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.

3 DISCLOSURE TO THIRD PARTIES

3.1 CYKE assistant app may disclose data to third parties as a part of normal business operations. Such third parties must adhere to our appropriate privacy clauses. Third parties are mandated to handle all data in accordance with the following:

· Third parties must ensure equal care and adequate levels of protection;

· Appropriate security measures must be implemented to safeguard the data;

· The data must only be processed in accordance with our instructions.

4 QUALITY

4.1 CYKE assistant app informs individuals that they have a responsibility to provide accurate, complete and relevant information in order to maintain the quality and integrity of all data. Individuals may contact our designated personnel for any updates or corrections. Individuals may verify and challenge the accuracy and completeness of their data and have it amended or deleted if appropriate. Additionally, CYKE assistant app has a system in place to record the date, edits, validation and verification of all data collected, maintained and updated.