Terms

1. Scope and provider

These terms apply between you and: VeloWatt UG (haftungsbeschränkt) Hoher Weg 3, 26605 Aurich Germany Represented by: Niels Meereboer, Managing Director Email: support@ridevelowatt.com

2. The service, and a health warning

VeloWatt Pro is indoor cycling software for macOS and Windows. It controls a smart trainer and reads your sensors, lets you ride in virtual worlds built from real places or ride a workout over a video you are watching, alone or with others, and keeps your rides and workouts.

Indoor training is physical exercise and carries the risks that exercise carries. VeloWatt Pro is not a medical device, makes no diagnosis and gives no medical advice; the figures it shows, including FTP test results, are estimates from the sensors you connect, not clinical measurements. If you have a heart condition, are pregnant, are recovering from illness or injury, or have not exercised in some time, take medical advice before training. Stop immediately if you feel unwell, and set up your trainer following its manufacturer's instructions.

3. Your account

You need an account, made by signing in with your email address. Keep access to that address; it is how you sign in and how we write to you. One account is for one person, and you may not share it or let anybody else ride on it.

VeloWatt Pro is for adults. By starting a trial or a subscription you confirm that you are 18 or older.

4. The trial

You can try VeloWatt Pro for 14 days, once per person. No card is asked for, and the trial ends by itself: nothing is charged and nothing renews. The trial is open wherever you live; a subscription can be taken out only with a billing address in one of the countries listed at https://ridevelowatt.com/countries/.

5. Subscriptions and prices

Subscriptions are offered monthly and annually. The prices in force are published on the pricing page, inclusive of VAT, and the final price is shown again before you pay. A subscription costs €5.99 a month or €49.99 a year.

A monthly subscription renews every month, and a yearly subscription every year, at the price then agreed, until it is cancelled. From its second year on, a yearly subscription can be ended at the end of any month of its year, and the whole months not used are refunded (section 6). If you subscribe during the trial, the checkout tells you before you pay whether the remaining trial is carried over and the exact date of the first charge. If it cannot be carried over, payment is taken when you subscribe.

A subscription includes everything VeloWatt Pro offers its subscribers, including every world published for them. We may in future offer additional content or features separately and optionally; nothing included in the subscription is taken out of it to be sold separately.

Promotion codes give the discount and duration stated with them and cannot be exchanged for money.

We are the seller of the subscription: your contract for VeloWatt Pro is with us, under these terms. The payment is handled by Stripe, which takes your payment on our behalf as merchant of record and issues the invoice in its own name, and paying it settles what you owe us.

6. Cancelling

You can cancel at any time, on the cancellation page (https://api.ridevelowatt.com/cancel), which needs no sign-in and asks when it should end, or on the account page. A monthly subscription, and a yearly one in its first year, ends at the end of the period you have paid for; you keep riding until then and nothing further is charged. A yearly subscription in its second year or later ends, if you ask for it as soon as possible, at the end of the current month of its year: the whole months not used are refunded, in proportion to what you paid for that year, to the means you paid with, when it ends and at the latest 14 days after. You can instead have it run to the end of the year you have paid for. Your cancellation takes effect when you press the button. Either way we confirm by email at once when your cancellation arrived and what you declared, and tell you the date your subscription ends. If somebody else cancelled for you, reply to that email; as long as your subscription has not yet ended, it then goes on as it was. A subscription whose payment has failed ends when you cancel it, because the period it paid for is already over.

7. Right of withdrawal

As a consumer you have a right of withdrawal, set out on the withdrawal page. You can withdraw with the withdrawal button (https://api.ridevelowatt.com/withdraw), which needs no sign-in and is linked from this website and the account pages. As with cancelling, it takes effect when you press the button, and we email you a confirmation at once.

8. Price changes

We may change the price of a subscription for future periods. We tell you the new price, and the renewal it would first apply to, by email at least six weeks before that renewal, and ask you to accept it on the account page or in the app. A new price applies to your subscription only once you accept it; silence or continued use is not acceptance. If you have not accepted it by the date we name, your subscription ends at the end of the period you have already paid for, and nothing more is charged; accept it before that renewal after all, and your subscription goes on at the new price. A price already paid for a running period never changes.

9. Availability

Signing in, syncing, riding with others, downloading worlds and updates depend on our servers. A downloaded world is ridden without them, and the app keeps riding for up to 7 days without reaching us; after that it needs to reach us once to confirm your access. We do not guarantee uninterrupted availability or a particular uptime percentage. Your statutory rights if the service is not supplied or is defective remain unaffected. Maintenance is carried out when it is needed, and planned work likely to interrupt the service for any length of time is announced beforehand where it can be.

We provide the updates that keep VeloWatt Pro working and secure for as long as your subscription runs (§ 327f BGB). The app installs them by itself, never during a ride.

10. Changes to the software

VeloWatt Pro is developed continuously, and we may change it beyond what keeping it working requires -- for instance to add or rework worlds and features, to follow a change in the law, or to keep it secure or compatible with the systems it runs on (§ 327r BGB). A change costs you nothing extra. If a change more than slightly impairs your access to or use of VeloWatt Pro, we tell you by email in good time beforehand, and you may end the contract free of charge within 30 days of the change, or of being told, whichever is later.

11. Your licence to use VeloWatt Pro

While your trial or subscription runs, you may install VeloWatt Pro on computers you use and use it for your own training. This right is personal, non-exclusive and not transferable, and it ends when your access does; installing the app, and keeping and exporting your rides, costs nothing at any time.

VeloWatt Pro, its worlds and world packages, its riders and bikes, its music, films and pictures, and the name and marks VeloWatt and VeloWatt Pro are ours or licensed to us, and these terms give you no other right in them.

The restrictions in these terms do not affect your mandatory statutory rights in the software, including under §§ 69d and 69e of the German Copyright Act (UrhG). These include making a necessary backup copy, observing, studying or testing how the program works, and decompiling for interoperability, where the respective statutory conditions are met. Components supplied under open-source or other third-party licences remain subject to those licences; these terms do not restrict the rights they grant you.

Our worlds are built from map data © OpenStreetMap contributors, available under the Open Database License (ODbL), and from public elevation data whose sources the app names under Settings > Credits. Nothing in these terms restricts any right you have under those licences.

12. Fair use

To keep VeloWatt Pro working for everybody and fair to those who pay for it, you may not:

• get around how access is checked, including the offline period, or let somebody else ride on your account;
• copy, extract or pass on the world packages or the app's other content, except as section 11 and the law allow;
• put automated riders or manipulated readings in a room with other riders, or send the relay data that misrepresents a ride;
• interfere with, overload or probe our servers or the relay beyond normal use, except to report a vulnerability in good faith as our security page describes;
• resell or sublicense access to VeloWatt Pro.

13. What stays yours

Your rides, the workouts you write, your routes and your notes are yours. You can download them at any time, with or without a subscription, and we claim no right in them beyond what is needed to keep and send them where you ask. How we handle personal data is described in the privacy notice.

When you ride with others, what the other riders in your room receive of you is set out in section 7 of the privacy notice.

If you send us ideas or feedback, we may use them to improve VeloWatt Pro without owing you anything for them, and you remain free to use them yourself.

14. Riding with others

Choose a display name you are entitled to use and that a reasonable person would not find offensive. Do not harass other riders, impersonate anybody, or interfere with the relay or the service. We may remove a name or suspend an account that breaches this or section 12; where the breach is not serious you will be told first and given the chance to put it right. We tell you why we acted, and you can ask us to look again by writing to us.

To report a name or a rider, or for anything else, you and the authorities can reach us at support@ridevelowatt.com, in English or German; this is our point of contact under the EU Digital Services Act (Art. 11 and 12 DSA).

15. Your equipment, and what you watch

VeloWatt Pro requires compatible equipment meeting the system and compatibility requirements we publish before purchase. Support for a Bluetooth protocol does not by itself ensure compatibility with every device using it. The trial lets you check your equipment before paying. Measurements depend on your equipment and its setup. This does not limit our responsibility for compatibility or functionality we have agreed to provide, or your statutory rights concerning defects.

When you ride over a video, what you watch is your own choice, under the terms of whoever provides it, and you need the right to watch it. VeloWatt Pro does not supply, read, record or send any of it.

16. Services you link

If you link a training service, your use of it is governed by that service's own terms and privacy notice, and once a ride or workout has arrived there it is that service's to handle. We do not control its availability. If it changes or withdraws what it lets us do, the link may stop working in whole or in part; we will tell you. Our obligations concerning changes to VeloWatt Pro under section 10 and your statutory rights remain unaffected.

17. Previews

A feature the app marks as a preview is offered early so you can try it. It may change or be withdrawn more quickly than the rest of VeloWatt Pro. Your statutory rights are not affected.

18. Ending the contract

We may also end a subscription at the end of a period you have paid for, with at least six weeks' notice by email: for example when you do not accept a new price (section 8), or when we stop offering VeloWatt Pro. Should it end during a period you have paid for, we refund the part that remains.

Either of us may end the contract without notice for good cause (§ 314 BGB). For us that is, in particular, a serious or repeated breach of section 12 or 14 after a warning, or one so serious that a warning cannot reasonably be expected. If we end the contract for a reason you are not responsible for, we refund the part of a period you have paid for that remains.

When the contract ends, by cancelling or otherwise, your rides and workouts stay on your computer and stay readable, and everything backed up with us can still be downloaded and erased until you delete your account. You can delete your account at any time, in the app or on the account page.

19. Liability

We are liable without limitation for damage caused by intent or gross negligence on our part or on the part of our legal representatives or persons we use to perform our obligations, and for injury to life, body or health caused by an intentional or negligent breach of duty by any of them.

Mandatory liability, including under the Product Liability Act, remains unaffected. If we expressly give a guarantee, we are liable within its scope.

In other cases of slight negligence, we are liable for damages only for breach of an essential contractual obligation: an obligation whose fulfilment makes proper performance of this contract possible and on whose observance you may ordinarily rely. In those cases, liability is limited to the damage foreseeable and typical for a contract of this kind. Liability for damages is otherwise excluded.

These exclusions and limits apply regardless of the legal basis of a claim for damages and also to the personal liability of our legal representatives, employees and persons we use to perform our obligations. The exceptions in the first two paragraphs apply throughout.

Your statutory rights concerning defects, including correction, price reduction and ending the contract, remain unaffected; claims for damages are subject to this section. Nothing in these terms limits rights you have under mandatory law.

20. Changes to these terms

These terms may need to change for future periods, for instance when the service changes or the law does. A change to these terms applies to you only once you have accepted it: we announce the new version at least six weeks before the period it would first apply to, and the app asks you to accept it. Your silence is never taken as agreement. If you do not accept, the terms you accepted keep applying to you; if we cannot go on providing VeloWatt Pro under them, we may end your subscription at the end of a period you have paid for, with the notice section 18 gives. A change is never applied to a period already paid for. Each version carries a date, the version you accepted is recorded with your account, and every earlier version stays readable at https://ridevelowatt.com/terms/archive/.

21. Who we work with, and a change of provider

We may have parts of the service performed by others working for us; the privacy notice names those who handle personal data. We remain responsible to you for them.

We may transfer this contract to a company that takes over VeloWatt Pro. We tell you at least 30 days beforehand, and you may end the contract before the transfer, with a refund of any period paid for beyond it.

22. Language, the contract text, and how we write to you

The contract is concluded in English or German, the language of the page you accepted it on. We do not keep a separate copy of the contract text for you, but every version of these terms stays at the address in section 20, and you can save or print it there.

We write to you at the email address of your account. You can write to us at the address in section 1 or by email.

23. Law and disputes

German law applies; the mandatory consumer protection of the country you live in is not affected.

If a provision of these terms is or becomes invalid, the rest remains valid, and the statutory provisions take its place (§ 306 BGB).

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.