Terms of Use

Introduction.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. ALL OF THE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THOSE THAT ARE IN CAPITAL LETTERS AS THESE MAY LIMIT OUR RESPONSIBILITY OR INVOLVE SOME RISK FOR YOU.

We have developed Specialized’s Apps for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.

These Terms of Use tell you the terms on which you may use the App.

By using the App, and accepting these Terms of Use, you agree to comply with them. We recommend that you keep a copy of these Terms of Use for future reference.

If you do not agree to these Terms of Use, you must not use the App.

Information about us.

In these Terms of Use, when we refer to Specialized, us, we or our, we mean Specialized Australia Pty Limited. 299 Williamstown Road, Port Melbourne 3207, Victoria and its directly and indirectly held subsidiaries.

You can contact us via the details in the "Contact Us" section below.

Privacy and cookies.

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information (if applicable) and the procedures that we have in place to protect your privacy. It applies to personal information we collect through the App. Please make sure that you read our Privacy Policy carefully before using the App.

The App uses cookies and other similar tracking and analytics technologies. "Cookies" are small text files that websites or mobile apps saved onto your device. They've been around since the mid-1990s and are one of the most widely used technologies on the internet. For further information, including on the types of cookies and other similar tracking and analytics technologies that we use and how to manage them, please refer to our cookies policy.

Your account and password.

The App enables you to register for a Specialized account, [or to sign in with your existing Specialized account details]. You are not permitted to register on behalf of someone else. If you are registering for an account, you confirm that all information and details you provide to us are true, accurate and up to date. You must keep your Specialized account password and details to yourself and confidential. You must not disclose your account password or details to anyone else. We are not responsible for any unauthorised use of your account, unless it is our fault.

If you know or suspect that anyone other than you knows your details or password, you must promptly change your password and notify us at DataPrivacy@Specialized.com

Your use of the app.

The App is made available to download free of charge. You may discontinue using the App at any time. You are responsible for making all arrangements necessary for you to have access to the App. For the App to work properly, your device(s) need to meet the technical requirements specified in the relevant app store. You accept responsibility for all activities that occur under your account or from your computer or device. We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee security of your account, your content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the App or its contents. You agree to immediately notify Specialized of any unauthorised use or your account or password, or any other breach of security, and to accept all risks of unauthorised access to your content and any other information you provide to Specialized.

You may only use the App for lawful purposes. In addition, you may not:

use the App in a way which infringes the rights of anyone else or restricts or inhibits anyone else's use or enjoyment of the App;
use the App in any way that interrupts, damages, impairs or renders the App less efficient;
copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the App (or authorise, encourage or assist any other person to do so);
knowingly transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programme or similar computer code designed to adversely affect the operation of any computer software or hardware; and / or
penetrate or attempt to penetrate the App's security measures;
introduce anything which alter the performance of the App or any of our products.

Your access to the app.

We do not guarantee that the App, or any content on it, will always be available or uninterrupted (and we may decide to suspend, withdraw or supersede it as described in these Terms of Use).

We may suspend, withdraw or discontinue your access to the App (including disabling any account details or password as part our security procedures), or any part of it, if you have breached any term of these Terms of Use. Where possible, we will give you notice of our intention to do this, and give you an opportunity to appeal.

The App is controlled by Specialized from its offices within the United States of America. Specialized makes no representation that the App is appropriate or available for use in other countries, or whether access is illegal or prohibited. Those who choose to access the App from locations outside of the United States and Europe do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. We use encryption software to ensure secure communication to our servers. In particular, we use Hypertext Transfer Protocol (HTTPS) and OpenSSL to securely transport information. The use of encryption may not be allowed by local law. You are responsible to ensure the use of encryption is legal and accepted in your country or locality. If you have any questions on the use of encryption in your country or locality, please check with your local retailer or RiderCare@Specialized.com.

Location services and features.

You will need to have 'location services' enabled on your device(s) to be able to use many of the App's features. While 'location services' remain enabled, the App will also collect and use data about your location in order to provide you with more relevant and personalised information. You may turn this feature off in your device's 'settings', however if you do so some of the App's functionality and features will no longer be available to you. Please see our Privacy Policy for more information on how we collect and use data about your location.

Intellectual property rights.

We are the owner or licensee of all intellectual property rights in respect of the App and in all data, material and content published on it.

Your use of the App and software grants you no rights in relation to our, or our licensors', intellectual property rights.

In return for your acceptance of these Terms of Use, we grant you a non-exclusive, on-going license to download, display and use the App on any device(s) that you own or control. This license is for your personal use only (meaning it may not be used for commercial use or gain) and is non-transferrable (meaning it cannot be given to anyone else). This license ends without notice when you no longer have the App installed on your device(s), or otherwise when we tell you we are terminating it on reasonable notice.

You grant Specialized a non-exclusive, royalty-free, perpetual right to use your content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign, publicly perform, and otherwise exploit such content on the App for the purposes of providing and promoting the App and our products as well as the features and services available on the App, and delivering services to you or promotional materials or opportunities to you.

Updates and upgrades.

From time to time, we may need to deploy or provide patches, updates, upgrades, additional content or other modifications to the App (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).

These updates and upgrades may result in the App being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the App for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible in all cases (for example for reasons beyond our control, or if there is an emergency security issue). The default setting in the App is that these updates and upgrades will automatically be deployed. You may turn this setting off via the App 'settings', although we would always recommend that you have the latest version of the App installed. If you do not install any update or up-grade then all of the functionality and features of the App may not be available to you.

Our liability.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT (COLLECTIVELY, THE “SERVICE”) AVAILABLE ON THE APP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. SPECIALIZED AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIALIZED AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT SPECIALIZED IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. THE CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SERVICE, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT ON THE SERVICE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SPECIALIZED.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS WHO MAY USE THE APP. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT ANY BACKGROUND CHECKS INCLUDING CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS LICENSEES.

TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE SPECIALIZED, ITS SUBSIDIEARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE APP, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY SPECIALIZED WHILE YOU USE THE APP, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE, (d) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SPECIALIZED HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST SPECIALIZED FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF SPECIALIZED IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, SPECIALIZED’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Where these things cannot be disclaimed or waived, these Terms of Use do not exclude or limit our liability for: (i) death or personal injury arising from our negligence, or the negligence of our employees, agents or subcontractors, or fraud or fraudulent misrepresentation; (ii) our gross negligence, wilful or intentional misconduct, or intent (where these terms have a recognised legal meaning in your country); or (iii) any other liability that we cannot exclude or limit by law. These Terms of Use may not apply where laws, regulations or other legal authorities provide different or additional rights than those established herein.

We will not be liable to you for any losses or damages suffered by you that: (i) were not reasonably foreseeable at the time you accepted these Terms of Use (loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms of Use that it may happen, or both you and we knew it might happen, for example, if you and we discussed it); or (ii) are not caused by us breaching a term of these Terms of Use, or any other failure by us.

Although we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the App, we cannot guarantee that there will not be any and we will not be responsible if we are claimed to be the source.

We will also not be liable to you for any period(s) when the App or any feature of the App is unavailable to you for any reason.

Children.

The App is not for individuals under 16 and we request individuals under 16 not provide personal data to Specialized. If we learn that we have collected the personal data from a child under 16, we will take steps to delete the information as soon as possible.

Changes to these terms of use.

We may revise these Terms of Use at any time to reflect changes in or to:

relevant laws or regulatory requirements.
security, technical or operational issues; and / or
the App's functionality or features.

If we change these Terms of Use, we may post summary details of the changes below. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

By accepting revised Terms of Use you agree to comply with them. If you do not agree to the revisions, you must stop using the App.

These Terms of Use were last reviewed and updated in September 2018.

Previous changes to these Terms of Use:

September 2018 – Terms of Use launched

General.

If any term, or part of a term, of these Terms of Use is disallowed or found to be unenforceable by any court or regulator, the other provisions shall continue to apply.

If you or we breach these Terms of Use and you or we take no action against the other, you or we will still be entitled to use our rights and remedies in any other situation where you or we break these Terms of Use.

Disputes.

We will do our best to amicably resolve any disputes over these Terms of Use and your use of the App. These Terms of Use, their subject matter and its formation, are governed by the laws of the State of California, United States of America. However, if you are a consumer and resident of any country you may benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local mandatory provisions and legal rights.

You and we both agree that the California State Courts or United States Federal Courts, Santa Clara County, State of California, United States of America, will have non-exclusive jurisdiction over disputes concerning the use of the App or these Terms of Use. However, if you are a consumer and resident of any country requiring local jurisdiction you and we may also bring proceedings in that country.

Contact us.

If you have any questions, comments, concerns, complaints or claims about these Terms of Use or the App, you can contact us at any time by RiderCare@Specialized.com. We will get back to you as soon as possible.

Apple-specific terms.

The following Apple-specific terms will only apply if you have downloaded the App from the Apple App Store, and are in addition to the other provisions of these Terms of Use (and if there is any conflict or inconsistency between the other terms of these Terms of Use and these Apple-specific terms, these Apple-specific terms will apply).

These Terms of Use are agreed between you and us only, not with Apple. We are solely responsible for the App and its contents.

The license we grant you in the 'Intellectual Property Rights' section above is limited to Apple-branded products only, and remains non-transferable (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Apple has no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any) will be our sole responsibility.

We, and not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection privacy, or similar legislation, including in connection with (if any) the App's use of the HealthKit and HomeKit frameworks.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You promise that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with applicable third-party terms of agreement when using the App.

Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use (which means that they can rely on the terms of the Terms of Use that benefit them, even though they have not entered into them). Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary.

Google play-specific terms.

The following Google Play-specific terms will only apply if you have downloaded the App from the Google Play Store, and are in addition to the other provisions of these Terms of Use (and if there is any conflict or inconsistency between the other terms of these Terms of Use and these Google Play-specific terms, these Google Play-specific terms will apply).

The license we grant you in the 'Intellectual Property Rights' section above may, if applicable, include users in a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group.