Licence.txt

Beta Software EULA

Please read this End User Licence Agreement (EULA), "the Agreement", which is a legally binding agreement between you, the end user ("you") and indieVelo Ltd of Oast Business Centre, North Frith Farm, Ashes Lane, Tonbridge, Kent, TN11 9QU, England ("indieVelo"), carefully before using TrainingPeaks Virtual (computer software, data supplied with the software, documentation of the software, and any other facilities provided that relate to the software; collectively "the Product"). By continuing, accessing or using the Product you are agreeing to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please do not click "Accept" or otherwise continue, access or use the Product.

Terms of Use: The Product is licenced, not sold, to you by indieVelo.  indieVelo reserves all rights in and to the Product.  The EULA may be modified at any time, at indieVelo's sole discretion, without your consent, effective immediately, and you agree to accept this condition.

Scope: The Agreement provides a non-exclusive, limited, non-transferable, non-sublicensable, revocable, terminable licence to use the Product on computers, hardware or devices that you own or control for domestic or private use.  The Agreement does not allow you to use the Product on any device that you do not own or control, or for any commercial, business or resale purpose, and you may not distribute or make the Product available to anyone else at any time by any means.  You may not copy, de-compile, reverse-engineer, disassemble or otherwise attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof.  You agree that you have no right to have access to the Product in source code form.<p>

Intellectual Property: With the exception of a small number of licenced third party components, all software, computer code, technology and other content and materials included in the Product, including, without limitation, text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads and data is owned exclusively by indieVelo, and protected by applicable copyright, patent, trademark and other intellectual property laws.  Except for the limited licence to use the Product as expressly set forth herein, indieVelo grants no other rights, licence or interest in or to the Product or its related intellectual property rights and ownership, all of which are expressly reserved by indieVelo.  In particular, no licence is hereby granted directly or indirectly to you under any invention, discovery, patent, copyright or other intellectual property or proprietary right now or in the future held, made, obtained or licensable by you or indieVelo.

Charges: Where there is any charge associated with the Product, or content within the Product, you agree to pay that charge.  Any prices exclude all applicable taxes and currency exchange settlements, unless stated otherwise.  You may incur additional charges incidental to using the Product (for example, charges for internet access, text messaging and other data transmission).  You agree that you are solely responsible for the payment of such taxes or other charges related to your use of the Product.

This Product will be made available immediately after downloading it. You hereby expressly waive any entitlement to a cooling-off period to which you would be ordinarily entitled under relevant consumer laws. You also hereby acknowledge that you will have no right to cancel this contract under any relevant consumer laws once a download has commenced. This consent and acknowledgement does not affect any other rights you have to cancel or terminate this contract.

Data Use: You consent to provide personal data, including but not limited to your name, country, age, gender, height, weight and heart rate, for the purposes of determining gameplay and verifying your performance in-game. You agree that your name, country, heartrate and gameplay elements derived from your personal data (such as speed, which is affected by your height and weight) may be shared with any other users of the Product. You agree that this data you provide will be maintained as a true, accurate, complete and current representation of your corresponding actual personal data.  Further, you agree that indieVelo may collect and use technical data, gameplay and statistical data, analytics, and related information, including but not limited to technical information about your device, system and peripherals to be used to help improve the Product. By using the Product, you agree to be bound by indieVelo's privacy policy located at www.indievelo.com/privacy-policy which sets out how we use your personal data and how you may withdraw consent to us using it.

Notwithstanding the above, all information held under your account can be viewed, or completely deleted, by contacting indieVelo.  If you have used the Remember Me functionality when logging into your account, your account can be removed from your device by logging in using your email address and password without the Remember Me option selected.

Registration: You agree that it is your responsibility to keep your password confidential, and that indieVelo has no responsibility for any damage caused to you if a third party gains access to your account by any means. You acknowledge that the use of the Remember Me functionality is only as secure as your device, and that anyone who can access your device can also access your account.

Minors: The Product is not targeted to, or designed to attract, children under 16 years of age.  Subject to the foregoing and the laws of your country of residence, children under 16 years of age may establish and utilize an account, however this Agreement and the indieVelo Privacy Policy must be reviewed by a parent or guardian together with the child.  Parents or guardians are jointly and severally liable for all acts (including purchases and payments for the Product) and omissions by children aged under 18 when using indieVelo.  We strongly recommend that parents and guardians familiarise themselves with the parental controls available on the devices they provide to children and accompany their child if aged under 16, or the applicable age in your jurisdiction, when using the Product.

Virtual Goods: The Product contains digital items that may be earned through gameplay.  You agree that indieVelo manages, regulates and controls these items and that they may be modified or eliminated at any time, and without any liability to you.

User Content: We may invite you to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials relating to the Product.  indieVelo has no obligation to accept, display, review, maintain or otherwise exploit any user content.  By providing user content, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, confidential, defamatory or pornographic.  You further agree to grant to indieVelo a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free licence (with the right to sub-licence), to use, copy, adapt, modify, distribute, licence, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Product, or by any other means.  You further hereby irrevocably grant to indieVelo the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you.  Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless of whether user content is altered or changed in a manner not agreeable to you.  indieVelo has no obligation to monitor, verify, correct or remove user content, although indieVelo reserves the right to do so in its sole discretion from time to time.  indieVelo is not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services: The Product provides links, login interfaces and other connections to third party websites and applications; for example, Strava.  Such third party services are provided solely as a convenience to you, and indieVelo is not responsible for, and do not sponsor or endorse their content.  Use of third party services may require you to accept additional terms.  indieVelo is not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  In particular, you agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you, and the end user licence agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service.

Prohibited Conduct: You agree not to engage in any conduct that, in indieVelo's sole determination, may be considered harmful to the Product or any of its users.  This includes, but is not limited to, inteference with the Product, servers, or security features; unlawful, immoral or hazardous conduct; impersonation or misrepresentation of others; and/or cheating, or helping others to cheat.

Change: indieVelo reserves the right to add, change, suspend or discontinue the Product, or any part of the Product, at any time, for any reason, without notice or liability.  You acknowledge that this may include the complete loss of your account and all information and data associated with it.  

No Warranty: You acknowledge and agree that the use of the Product is at your sole risk, and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.  To the maximum extent permitted by applicable law, the Product and any services performed or provided by the Product are provided "as-is" and "as-available", with all faults and without warranty of any kind.

Limitation of Liability: To the extent not prohibited by law, in no event shall indieVelo be liable for personal injury or any incidental, special, indirect or consequential damages whatosever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Product.

Indemnification: You are responsible for damages incurred by indieVelo and any affiliates as a result of your use of the Product and agree to defend, indemnify and hold harmless indieVelo and any affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to the use of the Product and any breach of the Agreement or any other policies posted on in on connection with the Product from time to time.

No Support: You agree that indieVelo has no obligation to provide technical assistance, maintenance or other support relating to the Product.  indieVelo is happy to accept feedback on the Product, but such feedback does not create any obligation on indieVelo to provide support or assistance to you in respect to the Product.

Termination: indieVelo may terminate this Agreement immediately by written notice to you if you commit a material or persistent breach of the Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.  Upon termination for any reason, all rights granted to you under this Agreement shall cease, you must cease all activities authorised by this Agreement, and you must immediately delete or remove the Product from all computer equipment in your posession, custody or control.

Communications: You agree that indieVelo may send email to you for the purposes of informing you about the Product, or soliciting feedback about the Product to help improve the Product.  If you wish to contact indieVelo in writing, you can send this by email to support@indieVelo.com or by post to indieVelo Ltd at Oast Business Centre, North Frith Farm, Ashes Lane, Tonbridge, Kent, TN11 9QU, England.

Waiver: Any failure by indieVelo in exercising any right, power or privilege under the Agreement shall not act as a waiver by indieVelo of any such right, power or privilege, nor shall any single or partial exercise preclude any further exercise of any right, power or privilege.  If indieVelo does not insist immediately that you do anything you are required to do under this Agreement, or if indieVelo delays in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent indieVelo from taking steps against you at a later date.

Arbitration: Any Dispute arising under or relating to the Agreement shall be finally settled by binding arbitration between you and indieVelo.  You and indieVelo agree to attempt in good faith to resolve any Dispute before commencing arbitration.  Unless you and indieVelo otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or indieVelo provides written notice of the Dispute.  You understand and acknowledge that by agreeing to binding arbitration, you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.  Instead, you understand and agree that all disputes will be resolved before a neutral arbitrator whose decision will be binding and final.

Governing Law: The laws of England and Wales shall govern the Agreement and your use of the Product.  Your use of the Product may also be subject to other local, state, national or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to the exclusive jurisdiction of the English Courts for all Disputes in connection with the Agreement or any Dispute of any sort that might arise between you and indieVelo or affiliates.

Severability: If any provision of the Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision shall not affect the remaining provisions of the Agreement and all provisions not affected by the invalidity or unenforceability shall remain in full force and effect.  Furthermore, in the event of any provision being invalidated or unenforceable, you and indieVelo shall confer to agree on a suitable alternative provision.

Entire Agreement: The Agreement and any other policies posted on, in or in connection with the Product from time to time, constitute the entire agreement between you and indieVelo with respect to the subject matter hereof and thereof and supersedes all prior agreements or representations between you and indieVelo.