1. SERVICE
1.1 The App is an application that enables Users to create nutrition plans for their cycling rides on EatMyRide and other platforms. EatMyRide uses generic data or personalized sports historic data to predict energy depletion over time and plans nutrition products according to that. Users are able to customize the nutrition plan for instance by selecting specific nutrition products to consume or by adjusting the duration of the activity. Uses are able to show their nutrition plan on the smartphone or export it to other devices such as Garmin cycling computers.
1.2 A Nutrition Plan is made available to a User by showing it in the mobile app. EatMyRide will generally only share this with other devices after the user clicks on the button to allow for such sharing.EatMyRide is allowed to publicly share your Nutrition Plans.
1.3 You can connect your account with third parties offering GPS tracking services (Tracking Apps). By connecting your account with a Tracking App you give permission to EatMyRide to transfer and use the data from the Tracking Apps for the purposes of making a Nutrition Plan. After you connect your account for the first time, the data from the Tracking Apps will be imported automatically to the App.
1.4 EatMyRide offers high quality and therefore cooperates with high quality Tracking Apps only. EatMyRide reserves the right to change the connectivity to Tracking Apps or remove the possibility to connect to a Tracking App at any time for any reason.
2. REGISTRATION AND PERSONAL ACCOUNT
2.1 If you want to use the App, you need to register and create a personal account. To create a personal account, you can choose to use your Facebook- or Google account credentials through Facebook- or Google Connect, which will merge your EatMyRide and Facebook- or Google account. You can also sign up with your email address.
2.2 You agree to provide up-to-date, complete and accurate account information for all use of the App. You agree to promptly update your personal account, including your e-mail address, so that we can contact you if needed.
2.3 If you create an account with your email address, you will be asked to provide a password to access your personal account. You are solely responsible for the privacy of this password.
2.4 EatMyRide is entitled to temporarily block or delete your personal account if we suspect abuse of that account or the App. We can also block or delete your account if you violate these Terms or other additional terms, conditions and policies referenced herein.
3. EATMYRIDE PREMIUM
3.1 Users can upgrade their personal account and use a premium service of EatMyRide (EatMyRide Premium). EatMyRide Premium provides Users with extra facilities within the App.
3.2 If you want to use EatMyRide Premium you need to add a EatMyRide Premium membership to your personal account (Membership). You can subscribe to a Membership for three months or twelve months. You can terminate the subscription at any time after which your Membership will be cancelled at the end of the current billing cycle.
3.3 An EatMyRide Premium Membership subscription will automatically be extended with a successive renewal of an indefinite duration. After renewal, you can terminate the subscription at any time (see 3.2).
3.4 EatMyRide Premium Membership subscriptions bought via iTunes automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s account settings after purchase.
4. PAYMENT
4.1 Prices of Memberships are in currencies depending on the User’s country of residence as set by the App Stores and may change from time to time. The price displayed on the at the time of subscription, along with any required taxes if applicable, will be honoured. The payment must be made in advance of a Membership. EatMyRide accepts Appstore payments via Apple and/or Google.
4.2 EatMyRide may cancel your Membership if the issuer of your payment card refuses to authorize payment to EatMyRide. After such cancellation, your personal account remains active. Refunds are not possible for a twelve months Membership that you subscribed to for the first time, except in the event of withdrawal described in article 5. Refunds for a three month Membership are only possible in the event of withdrawal described in article 5.
4.3 We take reasonable care to make our App and Website secure. You are obligated to inform us about inaccuracies in supplied or specified payment details immediately.
5. RIGHT OF WITHDRAWAL
5.1 You have the right to cancel the Membership within 14 days from the day you subscribed to a Membership as long as you didn’t create a Nutrition Plan and actually performed the activity. To exercise the right to cancel you must inform EatMyRide with an equivocal statement in writing to info@EatMyRide.com. When you notify us via email, we will send you a confirmation of your notification without undue delay.
5.2 We will give you a full refund within 14 days after we received the notification. We may deduce costs for the days you were able to use EatMyRide Premium.
6. THIRD PARTY SERVICES
Any connection between a Tracking App and your EatMyRide account is at your own risk. EatMyRide cannot be considered a party between you and the Tracking App. Any data received from a Tracking App is considered “as is” and is not validated or checked in any way to be accurate, in conformity with the truth or in line with personal settings within the Tracking App. You are solely responsible to comply with any terms and conditions that apply to the use of the Tracking App.
7. PRIVACY STATEMENT
We at EatMyRide think privacy is important. When you register with and make use of our services, the App will collect certain personal data to allow proper use of the App and our services. In our Privacy Statement you can read which personal data we collect and for what purposes.
8. ACCURACY OF INFORMATION
EatMyRide makes every effort to keep the information given through the App accurate and up to date, but we cannot guarantee that that information is always fully accurate, complete or current. The information on the App is provided for general information purposes only. No rights can be derived from it. Any reliance on the provided information is at your own risk.
9. UPDATES
9.1 EatMyRide will continue to develop and update the App if necessary and when reasonably possible. Development may include modification of the functionality or features of the App, provided that such updates and modifications will not materially denigrate the functionality of the App.
9.2 EatMyRide is in no case liable to you for such updates or modifications.
10. DISCLAIMER
10.1 EatMyRide does not guarantee, represent or warrant that your use of the App will be uninterrupted, timely, secure or error-free.
10.2. In order to make the Nutrition Plan, EatMyRide has to modify and adjust your data. As a result of this required modification and adjustments, you accept that (the data in) the Nutrition Plan may not be completely accurate.
11. LIABILITY
11.1 EatMyRide is not liable to you for any damage you suffer as a result of the use of the App, including – but without limitation – any injury or damages resulting from behaviour of Users related to Nutrition Plan, for example not eating while you feel like you have to or eating while you don’t feel like eating.
11.2 EatMyRide is also not liable for the fulfilment of agreements with third parties of Tracking Apps or the inaccessibility of the Tracking Apps.
11.3 EatMyRide has no influence on the data transmitted by the Tracking Apps to the App. EatMyRide is not responsible for the transmission of information. EatMyRide is therefore also not responsible nor liable for any information that is incomplete or inaccurate as a result of such transmission or that is transmitted wrongly.
12. INDEMNIFICATION
Users will indemnify, defend, and hold harmless EatMyRide from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding: (i) any injury or damages resulting from behavior of Users related to tracked activities; and (ii) their breach of these Terms, agreements with third party Tracking Apps, or violation of any applicable law, regulation or order.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 EatMyRide is the holder of all intellectual property rights on information provided by the App, such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (Intellectual Property Rights). EatMyRide is also the holder of all Intellectual Property Rights on the Nutrition Plans it produces.
13.2 EatMyRide gives you a personal, non-exclusive and non-transferable licence to use the App. The User is not allowed to sell, sub-license, distribute or access in any other way (i.e. via screen-scraping or url-guessing) the content and the App or the Nutrition Plan.
13.3 The User is not allowed to reverse engineer, decompile or otherwise attempt to derive the source code, techniques, processes, algorithms or other know-how from EatMyRide.
13.4 The App, Website, Nutrition Plans and all other content is solely intended for your personal, non-commercial use. Any other use of the App requires the prior written permission of EatMyRide.
13.5 EatMyRide is entitled to use the (personal) data received via the App for commercial purposes, in accordance with our Privacy Statement.
14. ASSIGNMENT
EatMyRide may freely assign their rights and obligations under these Terms in the event of a merger, acquisition or sale of assets, by law or otherwise.
15. MISCELLANEOUS
15.1 EatMyRide reserves the right to alter these Terms. When we change these Terms in a significant way, we will post a notification on our Website along with the updated Terms. We will also notify you via our App, and request you to accept the updated Terms before you can continue your use of our App. By continuing to use the App, Website and/or our services you acknowledge the most recent version of these Terms.
15.2 If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
16. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
17. APPLICABLE LAW AND JURISDICTION
17.1 These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
17.2 All disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Utrecht, the Netherlands, unless the dispute can be settled in an amicable fashion.
18. COMPLAINTS, COMMENTS AND SUGGESTIONS
EatMyRide strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us at info@EatMyRide.com.
EatMyRide B.V.
E: info@EatMyRide.com
www.EatMyRide.com
