Terms of Service

1. Acceptance of Terms

By accessing or using BikeRave (the "Service"), operated by EvoTechnica ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, event hosts, and participants. Additional terms may apply to specific features or services, which will be disclosed when you access those features.

2. Service Description

BikeRave is a community platform that enables users to:

• Discover and join community-organized group bicycle rides
• Create and host cycling events with synchronized audio playback
• Upload, share, and stream audio content for event synchronization
• Connect with other cyclists in their local communities

BikeRave does not organize, supervise, or control any cycling events. All events are independently organized by community members. We provide technology and tools only.

3. User Accounts

To access certain features, you must create an account through our authentication provider (Auth0). You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access
• Be at least 13 years of age (or the minimum age in your jurisdiction)

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Assumption of Risk

These risks include, but are not limited to:

• Collisions with vehicles, pedestrians, other cyclists, or fixed objects
• Falls, crashes, and loss of control
• Adverse weather, road, or trail conditions
• Equipment failure or malfunction
• Physical exertion leading to injury, illness, or death
• Actions or negligence of other participants, motorists, or third parties
• Distraction from audio playback or electronic devices
• Getting lost or separated from a group
• Theft, assault, or other criminal acts

You understand that this list is not exhaustive and that other unknown or unanticipated risks may exist.

5. Liability Waiver & Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE EvoTechnica, its officers, directors, employees, agents, affiliates, and representatives (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to:

• Any loss, damage, injury, or death that may be sustained while participating in any cycling event discovered through BikeRave
• Any acts, omissions, or negligence of event hosts, participants, or third parties
• Use of the Service, including but not limited to audio streaming, event discovery, and community features
• Any property damage, theft, or loss

This release applies regardless of whether such claims are based on negligence, strict liability, or any other legal theory, except for gross negligence or willful misconduct by the Released Parties.

You agree that this release is intended to be as broad and inclusive as permitted by the laws of your jurisdiction. If any portion is held invalid, the remainder shall continue in full force and effect.

6. Event Host Responsibilities

If you create or host an event on BikeRave, you agree to:

• Safety First: Plan routes with participant safety as the primary concern
• Accurate Information: Provide truthful event details including difficulty, distance, and requirements
• Local Laws: Comply with all applicable traffic laws, permits, and regulations
• No Guarantees: Understand that you cannot guarantee participant safety
• Insurance: Consider obtaining appropriate liability insurance
• Content Rights: Only upload audio you have rights to share
• Age Restrictions: Accurately specify and enforce any age restrictions

Event hosts are independent community members, not employees, agents, or representatives of BikeRave. Hosts bear sole responsibility for their events.

7. Participant Responsibilities

By participating in any cycling event, you agree to:

• Assess Your Ability: Only join rides appropriate for your skill and fitness level
• Equipment: Use a properly maintained bicycle and required safety gear
• Obey Laws: Follow all traffic laws and regulations
• Stay Alert: Maintain awareness of surroundings despite audio playback
• Personal Responsibility: Take responsibility for your own safety at all times
• Insurance: Carry appropriate health and liability insurance
• Emergency Contacts: Have emergency contact information accessible

8. User Content & Audio

You retain ownership of content you upload ("User Content"). By uploading content, you grant BikeRave a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display such content in connection with the Service.

You represent and warrant that:

• You own or have rights to upload and share the content
• Your content does not infringe any third-party rights
• Your content does not contain illegal, harmful, or objectionable material

We may remove any content that violates these Terms or for any other reason at our sole discretion.

9. DMCA & Copyright

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, please send a notice to our designated agent containing:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the material to be removed with sufficient information to locate it
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act

DMCA notices should be sent to: dmca@bikerave.org

Repeat infringers will have their accounts terminated.

10. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose
• Upload content you do not have rights to share
• Harass, threaten, or abuse other users
• Impersonate any person or entity
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to any systems
• Use automated means to access the Service without permission
• Collect user information without consent
• Organize events promoting illegal activities
• Upload malware, viruses, or harmful code

11. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of any third party
• Any event you host or participate in
• Any User Content you upload

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties regarding the safety of any event or activity

We do not endorse, verify, or guarantee any event, host, participant, or content on the platform.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from personal injury or death
• Damages exceeding the greater of (a) the amount you paid us in the 12 months prior to the claim, or (b) $100 USD

This limitation applies regardless of the legal theory and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@bikerave.org and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and BikeRave agree to resolve any claims through final and binding arbitration, except as set forth below. The arbitration will be administered by a mutually agreed-upon arbitration service under its applicable rules.

14.3 Class Action Waiver

YOU AND BIKERAVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflict of law principles.

For users outside Canada, to the extent local laws require application of local law, such local laws shall apply only to the minimum extent required, and these Terms shall otherwise remain in full effect.

16. Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending notice to your registered email for significant changes

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Contact Information

For questions about these Terms, please contact us:

• Email: legal@bikerave.org
• General: hello@bikerave.org

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By using BikeRave, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.