This is a legally binding contract between you and Knock Software, Inc. By downloading Ride, you confirm that you agree to be bound by this contract. Please make sure you read it, because Ride offers services that deal with sensitive personal information like metadata about your bike trips. We’ve tried to make this document as clear as possible, but there's some unavoidable legal mumbo jumbo. We welcome your feedback to firstname.lastname@example.org if you have suggestions or questions about this document or anything we do.
We’re going to use some shorthand to make this easier to read. When we say “Ride,” we mean the functionality provided by Ride, a smartphone app offered at https://ride.app/. When we say “we,” “us,” or “our,” we mean Knock Software Inc., a Delaware corporation. When we say “your phone’s data,” we mean any and all information stored on your phone that is created or accessible via the Ride app. When we say "our site," we mean that APIs, services and data hosted on our site, https://ride.app/. And when we say “terms,” we mean these terms of service.
Accepting these terms
Please read these terms before using Ride. If you do not agree to these terms, you may not download and use Ride. If we make important changes to these terms, we’ll publish those changes on our website and notify you via the Rideapp. If you do not agree to those changes, you must stop using Rideimmediately. Continuing to use Ride after this notification constitutes your acceptance of the new terms as modified.
When you download and install Ride, we may store some publicly available information from your browser, such as: your browser type, operating system type, and estimated geographic location. We may also share this information with third-party services like Google Analytics, so we can learn more about how you use our site and improve that experience.
We may be required to disclose this information in order to: comply with the law or legal process; protect or defend our rights or property, or the rights or property of others; enforce these terms.
Ride accesses personal information stored on and created by your phone, but we will never share this information except when it is anonymized via aggregation as set forth above. Data that we collect but do not share includes but is not limited to: geolocation and motion data recorded by your phone, demographic information if given, and survey data created when you take a survey. You can request that this information be permanently deleted by filing a Data Deletion Request in the Ride App under the Settings tab.
Disclaimer of warranties
We genuinely believe that for the vast majority of users, Ride is a safe and private way to record and report on trips taken via bicycle. That said, we disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that Ride is safe to use while biking, that route information given by Ride will be safe, or that data collected by Ride will be immune from attack or malicious use. You understand that you use Ride at your own discretion and risk.
Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use Ride, including: loss or damage of your phone, personal injury or loss, personal liability, or loss of data created by or stored on your phone.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, shareholders, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of Ride or our site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
You agree to arbitrate all Disputes you may have with us. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will be only on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
In other words, you waive your right to bring a lawsuit against us in court, and you waive your right to participate in a class action against us.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
For any Dispute, we will pay the arbitration fees. We think this is only fair given that we are asking you to agree to arbitration instead of trial in court. Should the arbitrator determine that your claim is frivolous, we may seek to recover from you the arbitration fees and our attorney's fees. Similarly, if you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator.
All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Ride services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
Thanks to @GetEditorially for their plain language terms of service inspiration. Used under the Creative Commons Attribution-ShareAlike license.