Terms of Use — BikeGrade
These Terms of Use (“Terms”) govern your access to and use of the mobile application BikeGrade (the “App”), distributed by emetem.com (“we”, “us”, “publisher”). The publisher is currently a natural person (individual developer) operating under the emetem.com identity; if a company or other entity is established later (for example under the name emetem), these Terms will be updated accordingly. By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
Current copies: Terms of Use · Privacy Policy
1. The App and eligibility
1.1. BikeGrade displays incline / grade information from your device’s orientation sensors and settings you choose (calibration, units, overlays). The App is for informational and recreational use while cycling or similar activities.
1.2. You must be legally able to enter a binding contract in your country. If you use the App on behalf of an organization, you represent that you are authorized to bind that organization.
2. License
2.1. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, in object code form, from an authorized store (such as Google Play).
2.2. You may not: copy, modify, reverse engineer, decompile, or extract source code except where mandatory law allows; rent, lease, sell, sublicense, or redistribute the App; remove proprietary notices; use the App to build a competing product; or use the App unlawfully or in violation of third-party rights.
3. No professional advice; sensor limitations
3.1. The App is not a substitute for professional judgment, road safety rules, or vehicle instrumentation. Values depend on sensors, calibration, mounting, vibration, and environment and may differ from actual road grade.
3.2. You are solely responsible for safe cycling and obeying traffic laws. Never rely on the App as your only information source where wrong readings could cause harm.
4. Privacy
4.1. Our use of information is described in the Privacy Policy. By using the App, you acknowledge that policy.
5. Third-party services and stores
5.1. The App may be obtained through Google Play or other platforms. Additional terms of those providers may apply.
5.2. To the maximum extent permitted by law, we are not responsible for third-party services, including stores, OS, or hardware.
6. Updates and changes
6.1. We may release updates (features, fixes, compatibility). Some updates may be required for continued use.
6.2. We may modify these Terms. The “Last updated” date will change. Material changes may be communicated via the App, store listing, or this URL where required by law.
7. Disclaimer of warranties
7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that information will be accurate in all conditions.
8. Limitation of liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PUBLISHER (THE INDIVIDUAL OR ENTITY IDENTIFIED AS EMETEM.COM) OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR CLAIMS ARISING FROM THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ZERO IF THE APP WAS FREE. Mandatory consumer protection rules in your country may give rights that cannot be limited here.
8.3. Some jurisdictions do not allow certain limitations; in those cases, liability is limited to the minimum extent permitted by law.
9. Indemnity
You agree to defend, indemnify, and hold harmless emetem.com from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the App, your breach of these Terms, or violation of third-party rights, to the extent permitted by law.
10. Termination
We may suspend or terminate your right to use the App if you materially breach these Terms. Provisions that should survive (including liability limits, indemnity, governing law) survive termination.
11. Governing law and disputes
11.1. Unless mandatory consumer laws in your country require otherwise, these Terms are governed by the laws of the Slovak Republic, without regard to conflict-of-law rules.
11.2. Courts in the Slovak Republic have non-exclusive jurisdiction, unless mandatory law lets you sue in your home country.
12. Contact
Questions: emetemdev@gmail.com (use the same address in Google Play / App Store developer contact). A future site at https://emetem.com may list additional options.
13. Google Play
If you obtained the App through Google Play, you acknowledge that Google is not responsible for the App or its content and has no obligation to support it. Google Play’s terms may apply in addition where required.