GENERAL TERMS AND CONDITIONS

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SCOPE OF THE GENERAL TERMS AND CONDITIONS

The contract is concluded with Smettly GmbH (hereinafter: Smettly). By using the “Bike Citizens” app, regardless of registration, the user agrees to the validity of the following General Terms and Conditions of Smettly. These apply to the Bike Citizens bike app (hereinafter: “App” or “Bike Citizens App”).

REGISTRATION

Limited use of the Bike Citizens App is possible without mandatory registration of the User.

Extended use is possible through registration of the user. The following access data is mandatory for registration:

  • Username
  • e-mail address
  • Freely chosen password

With the exception of the user name, this data is only visible to the user.

Smettly takes reasonable security measures to protect all user accounts from unauthorized access. Nevertheless, the absolute security of a user account and the content it contains cannot be guaranteed. The user is solely responsible for keeping the password of the account secret and assumes full responsibility for all activities performed by his/her account or computer.

The User is obliged to provide truthful, accurate, current and complete information when registering for the person (“User Data”) and to keep the User Data up to date and accurate.

As there is no legal right to use the App, Smettly reserves the right to reject a requested registration without giving any reasons.

If the registration process is not fully completed, Smettly has the right to irreversibly delete the incomplete account and all information provided by the User until then, at the latest after 30 days.

AVAILABILITY AND USE OF THE BIKE CITIZENS APP

Smettly reserves the right to edit, expand, restrict or remove the content, functionality and graphics of the App at any time without giving reasons.

Smettly cannot technically guarantee uninterrupted availability of the App and other services. Thus, the user has no claim to permanent availability.

Smettly does not warrant that the data transport via third party systems, in particular the internet or telecommunication networks, will not be tracked, recorded or falsified by third parties.

Smettly does not assume any liability for the services of third parties. Legal transactions concluded via linked pages, banners or other links between the User and a third party provider shall result exclusively in contractual relations between the User and the third party provider.

CANCELLATION AND TERMINATION OF THE USER CONTRACT

The termination of the user contract shall be effected either by deleting the user account or by sending a confirmation of withdrawal by the user to Smettly by post. The User acknowledges and accepts that uninstalling the Bike Citizens App does not terminate the User Agreement.

Smettly reserves the right to exclude the User from the Smettly Services at any time and without notice, for any reason.

COSTS

Limited use of the Bike Citizens App is possible without mandatory registration of the User.

Premium Services are features and functions that are subject to a charge, whose terms and conditions are governed by the section “Extended Terms of Use for Premium Products”. As soon as the User wishes to make use of chargeable services, he/she will be informed of this separately.

When downloading data via the Bike Citizens app, connection fees may be charged by mobile network operators or other third-party providers.

EXTENDED TERMS OF USE FOR PREMIUM PRODUCTS

The purchase of premium services from Smettly requires registration on www.bikecitizens.net or in the Bike Citizens App.

The fees for the Premium Services must be paid in advance and are due immediately upon completion of the booking of the Premium Service. As soon as the user has booked and paid, the duration of use of the booked service is visible in the user account.

The duration of the paid services are available in the price overview of the premium services of Smettly. Only if the User is explicitly informed about a minimum usage period, the respective agreed fee for this minimum usage period has to be paid even in case of a cancellation. If no notice of termination is given, the minimum usage period is extended by extension periods of the same duration. These services can also be terminated without giving reasons and without notice, but in compliance with the booked minimum usage period or subsequently at the end of an extension period. The user can manage or cancel the booked services in his user profile (Play Store/App Store).

The User’s claim for a refund of already paid fees is excluded if Smettly terminates the contract for good cause or temporarily blocks the access until the good cause is clarified. An important reason is given if the User has behaved unlawfully (in particular violates copyrights) or has in any other way grossly disregarded the usage agreement. Likewise, repayment is excluded if the user terminates the agreement prior to the expiration of the minimum usage period or the following extension periods. If the User terminates the contract due to an important reason that originates from the area of responsibility of Smettly, a repayment of already paid fees is possible. For this purpose, the User must send his notice of termination to Smettly together with detailed information on the important reason.

Smettly shall renew the subscription immediately after the expiration of the minimum usage period or subsequent renewal period by the respective booked term, unless notice of termination has been given prior to the expiration of the booked term. For this purpose, Smettly collects the usage fee agreed upon at the time of the initial booking via the same means of payment used for the previous payment transaction.

CAMPAIGNS

In the “Plaza” of the Bike Citizens app, users have the opportunity to participate in different campaigns. Some of the campaigns are offered together with contractual partners of Smettly and contain their own conditions of participation, which can be read within the campaign. There is the possibility that prizes are raffled to the participants of the campaigns.

CANCELLATION POLICY

The User may revoke his contractual declaration in writing (email, post) within 14 days without stating any reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract. Smettly asks the User to make the revocation primarily via the selected app store. If the revocation is no longer possible there and the 14-day period has not yet passed, timely dispatch to: Smettly GmbH, Betriebsstraße 21, 4224 Wartberg ob der Aist

Email: info@bikecitizens.net

In the event of an effective revocation, payments already received by Smettly shall be refunded to the User within 30 days via the payment method chosen by the User at the time of payment.

If the contract has been fulfilled by both parties at the express request of the User, the right of withdrawal shall expire prematurely before the User has exercised his/her right of withdrawal.

INADMISSIBLE USE

The User agrees not to do any of the following, strictly prohibited actions:

  • Interfering with others’ use of the Bike Citizens App,
  • Copying, adapting, modifying, altering, transferring, reverse engineering, uncompiling or disassembling any part of this App,
  • Interrupting or interfering with the operation of the servers or networks that host this App,
  • Use of bots, spiders or other automated devices, processes or methods to access this App,
  • Data mining, capturing or collecting information or data about users of this App without their express consent,
  • Use of this App for any illegal, unlawful or unauthorized purpose.

We reserve the right to suspend or terminate access to this App by users at any time, for any reason whatsoever, but mainly for violation of the above list and these Terms as a whole.

PRIVACY

All information provided by the user will be used in accordance with our Privacy Policy. This can be viewed in the app under the “Privacy Policy” section.​​

FORCE MAJEURE

We will not be responsible for our failure to perform, or any delay in performing, any of our obligations under these Terms due to force majeure events. These include, but are not limited to, labor unrest, accidents, fire, floods, earthquakes, telecommunications or internet disruptions, strikes, transportation or supply blockades, wars, riots, insurrections, closures, acts of state, governmental orders and legally imposed regulations or requirements, and any other similar conditions beyond our control. The period of performance will be extended by the duration of such delay. We will take all reasonable steps to mitigate the effects of any force majeure event.

TRADEMARKS AND INTELLECTUAL PROPERTY

Bike Citizens, the Bike Citizens logo, the Bike Citizens brand and all other trademarks, service marks, graphics and logos used in connection with this App are trademarks of Smettly (collectively, the “Marks”). The Marks may not be copied, imitated or used, in whole or in part, without our prior written consent. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations, and information contained in this App are owned or controlled by Smettly and are protected by Austrian and international copyright laws. For the avoidance of doubt: All rights to the Bike Citizens App are owned by Smettly. All rights reserved.

LIABILITY

The user is responsible for compliance with the applicable StVO at all times, Smettly is not liable for statements within the app that are contrary to the traffic regulations.

Unlimited liability: Smettly is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. Smettly is liable for slight negligence in case of damages resulting from injury to life, body and health of persons.

In all other respects, the following limited liability shall apply: In case of slight negligence, Smettly shall only be liable in case of breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which may be regularly relied upon (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

NO THIRD PARTIES

Smettly offers this App exclusively to persons acting as consumers. The App may not be resold without Smettly’s prior written consent. No contractual rights are transferred to third parties. This does not affect the legal rights of users.

CHANGES

Smettly reserves the right, at its sole discretion, to modify these Terms at any time by posting updated Terms on this App. Reviewing and becoming familiar with these changes is the responsibility of users. Your continued use of the App constitutes your acceptance of these updated Terms. Users’ order requests are subject to those terms and conditions posted here at the time the order is placed.

SEVERABILITY CLAUSE

If a court of competent jurisdiction finds any provision or provisions of these Terms to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall in no way affect or impair the validity, legality or enforceability of the remaining terms and conditions contained herein. In such event, User agrees that any such invalid provision shall be validly reformed by the court in such a manner as to effect as nearly as possible the intent of the original provision and, if reforming is not possible, that such provision shall be severed and deleted from these Terms.

APPLICABLE LAW AND LANGUAGE

This Agreement and its interpretation shall be governed by Austrian law, excluding its conflict of law provisions. All disputes between us shall be subject to the exclusive jurisdiction of the Austrian courts.

CONTACT US

If you have any questions or comments, please contact us at info@bikecitizens.net.

15.03.2023