Terms of Use — BikeGrade
These Terms of Use (“Terms”) govern your access to and use of the mobile application BikeGrade (the “App”). The App is developed and offered under the developer identity EmetEM and distributed in app stores under the publisher / developer name emetem (together, “we”, “us”, “publisher”, or “EmetEM”; website emetem.com). The publisher is currently a natural person (individual developer). 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 only while cycling or similar activities—not for professional, commercial, or safety-critical decisions.
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.
1.3. You use the App at your own risk. You are responsible for judging whether it is safe and lawful to use a mobile device or overlay features where you ride.
2. License and intellectual property
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 or the App Store).
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; interfere with security or technical measures; or use the App unlawfully or in violation of third-party rights.
2.3. The App (including software, UI, graphics, text, and branding), the name EmetEM, and related marks and content are owned by the publisher or licensors and protected by intellectual property laws. Except for the limited license in 2.1, no rights are granted to you.
3. No professional advice; sensors; assumption of risk
3.1. The App is not a substitute for professional judgment, road safety rules, certified instrumentation, or vehicle or road authority data. Values depend on sensors, calibration, mounting, vibration, temperature, and environment and may differ materially from actual road grade, elevation change, or conditions.
3.2. You are solely responsible for safe cycling, traffic rules, and road conditions. Never rely on the App as your only information source where wrong readings could cause injury, death, property damage, or legal violation.
3.3. Availability, stability, performance, and compatibility. To the maximum extent permitted by law, we do not warrant that the App will be available, stable, free of defects, compatible with your device, operating system version, or accessories, or suitable for any particular purpose. The App may crash, freeze, delay, or behave differently across devices and OS updates. We may change, suspend, or discontinue features or compatibility at any time without liability, except where mandatory law requires otherwise.
3.4. Device, battery, and data. You are responsible for safe mounting, charging, and use of your device. We are not liable for battery drain, overheating, wear, data loss on your device, or damage to your device or accessories connected to use of the App, except where mandatory law prohibits such exclusion.
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, the App Store, or other platforms. Their terms, privacy policies, and payment rules apply in addition to these Terms where applicable.
5.2. To the maximum extent permitted by law, we are not responsible for third-party services, including stores, operating systems, firmware, hardware, sensors, networks, or any failure of those services.
6. Updates and changes
6.1. We may release updates (features, fixes, compatibility). Some updates may be required for continued use or security.
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. Continued use after changes constitutes acceptance where permitted by law.
6.3. We have no obligation to provide support, maintenance, or new versions, except as required by applicable law or store policies.
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, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
7.2. We do not warrant that the App will be uninterrupted, timely, secure, error-free, or free of harmful components, or that any information (including incline values) will be accurate or reliable in all conditions.
7.3. Some jurisdictions do not allow certain disclaimers; in those cases, disclaimers apply to the fullest extent permitted.
8. Limitation of liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PUBLISHER (THE DEVELOPER IDENTIFIED AS EmetEM / PUBLIC NAME emetem), OR ITS LICENSORS OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ZERO (0) IF THE APP WAS FREE OR NO FEES WERE PAID TO US.
8.3. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE CLAIM IS IN CONTRACT, TORT, OR OTHERWISE, AND APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. Mandatory consumer protection laws in your country may give rights that cannot be waived or limited; nothing in these Terms limits those non-waivable rights.
8.4. You understand that limitations in this section are essential to our ability to offer the App and that we would not offer the App on an economically reasonable basis without them.
9. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless EmetEM, emetem, and the publisher, and their successors and assigns, from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the App, your breach of these Terms, your violation of law, or your violation of third-party rights.
10. Termination
We may suspend or terminate your right to use the App if you materially breach these Terms. You may stop using the App at any time by uninstalling it. Provisions that by nature should survive (including intellectual property, disclaimers, limitation of liability, 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 requires disputes to be heard in your country of residence as a consumer.
12. Contact
Questions: emetemdev@gmail.com (use the same address in Google Play / App Store developer contact). Website: https://emetem.com when available.
13. Google Play and App Store
If you obtained the App through Google Play or the App Store, you acknowledge that Google / Apple are not responsible for the App or its content, have no obligation to support it, and are third-party beneficiaries of their standard terms where applicable.
14. Force majeure
We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of authorities, fire, floods, accidents, strikes, supply shortages, or failures of infrastructure, networks, or third-party services.
15. Miscellaneous
15.1. Entire agreement. These Terms, together with the Privacy Policy and any store terms you accept, constitute the entire agreement regarding the App.
15.2. Severability. If any provision is held invalid, the remainder remains in effect.
15.3. No waiver. Failure to enforce a provision is not a waiver.
15.4. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, sale, or reorganization.
15.5. Language. The English version of these Terms prevails over translations to the extent permitted by law.
These Terms are provided for information and risk allocation between you and the publisher. They are not legal advice. If you are unsure about your rights, consult a qualified lawyer in your jurisdiction.