Terms of Service

1. Acceptance of Terms

Welcome to Velovate! These Terms of Service ("Terms") constitute a legally binding agreement between you and Sassy Dog Enterprises LLC ("Velovate," "we," "us," or "our") governing your access to and use of the Velovate platform, including our website, mobile applications, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Service

Velovate is a cycling platform that enables users to:

• Create and join cycling teams
• Track rides and cycling activities
• Participate in team challenges and events
• Organize and contribute to fundraising campaigns
• Connect with other cyclists and share experiences

We offer both free and premium subscription tiers. Premium features may include advanced analytics, enhanced team management tools, and priority support.

3. Account Registration and Security

3.1 Eligibility

You must be at least 13 years old to use our Services (or 16 years old if you reside in the European Economic Area). By using our Services, you represent and warrant that you meet this age requirement.

3.2 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for activity that occurs under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Responsibility

You are responsible for all activities that occur under your account. You may not:

• Share your account credentials with others
• Create multiple accounts to evade restrictions
• Impersonate any person or entity
• Use another user's account without permission

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or engaged in conduct harmful to other users or our Services.

4. SMS Communications

4.1 Consent to Receive SMS

By enabling SMS notifications in your account settings, you consent to receive recurring automated text messages from Velovate. These messages may include ride reminders, safety alerts, team updates, and fundraising notifications.

4.2 Message Frequency

Message frequency varies based on your notification settings, team activity, and scheduled rides. You control which categories of SMS notifications you receive through your account settings.

4.3 Costs

Message and data rates may apply. Velovate does not charge for sending SMS messages, but standard rates from your wireless carrier apply. Contact your carrier for details about your messaging plan.

4.4 SMS Consent Is Not Required

Consent to receive SMS messages is not a condition of using any Velovate service. All notifications sent via SMS are also available via email and in-app notifications.

4.5 Opting Out and Getting Help

4.6 Supported Carriers

SMS notifications are supported on major US wireless carriers. Carriers are not liable for delayed or undelivered messages.

4.7 Privacy

See our Privacy Policy for details on how we collect, use, and protect your phone number and messaging data.

5. User Content and Conduct

5.1 User Content

Our Services allow you to post, upload, and share content, including ride data, photos, comments, and messages ("User Content"). You retain ownership of your User Content, but you grant us a license as described below.

5.2 License to User Content

By posting User Content, you grant Velovate a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Services.

5.3 Content Standards

You agree that your User Content will not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Contain hateful, threatening, or discriminatory content
• Include spam, advertising, or promotional material
• Contain malware, viruses, or harmful code
• Include private information of others without consent
• Be misleading, fraudulent, or deceptive

5.4 Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose
• Harass, abuse, or harm other users
• Manipulate or falsify ride data or achievements
• Attempt to gain unauthorized access to our systems
• Scrape, data mine, or use automated tools without permission
• Interfere with or disrupt the Services
• Reverse engineer or decompile our software

5.5 Content Moderation

We reserve the right (but have no obligation) to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable. We do not endorse any User Content and are not responsible for the accuracy or reliability of any User Content.

6. Subscriptions and Payment

6.1 Free and Premium Tiers

Velovate offers both free and premium subscription plans. Premium subscriptions provide access to enhanced features and functionality. Current pricing and features are available on our website.

6.2 Subscription Terms

Premium subscriptions are billed on a recurring basis (monthly or annually) until cancelled. By subscribing, you authorize us to charge your payment method automatically at the start of each billing period.

6.3 Payment Information

You agree to provide current, complete, and accurate billing information. You are responsible for all charges incurred under your account. We use third-party payment processors and do not store your full credit card information.

6.4 Price Changes

We reserve the right to change our subscription prices. We will notify you of any price changes at least 30 days in advance. Continued use of the premium Services after a price change constitutes acceptance of the new price.

6.5 Cancellation

You may cancel your premium subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. See our Refund Policy for information about refunds.

6.6 Taxes

All fees are exclusive of applicable taxes, which will be added to your bill where required by law.

7. Intellectual Property Rights

7.1 Velovate Property

The Services, including all software, text, images, graphics, logos, and other content provided by Velovate (excluding User Content), are owned by Sassy Dog Enterprises LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

7.3 Restrictions

You may not:

• Copy, modify, or create derivative works of our Services
• Sell, rent, lease, or sublicense our Services
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission

7.4 Feedback

If you provide us with feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without compensation or attribution.

8. Third-Party Services and Content

8.1 Third-Party Integrations

Our Services may integrate with third-party platforms (e.g., Strava, Garmin, payment processors). Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or content.

8.2 Links to External Sites

Our Services may contain links to third-party websites. We do not endorse or control these external sites and are not responsible for their content or practices.

9. Disclaimers and Limitations

9.1 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee of Availability

We do not guarantee that the Services will be uninterrupted, secure, or error-free. We may suspend or discontinue any part of the Services at any time without notice.

9.3 Safety Disclaimer

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELOVATE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Services
• Any unauthorized access to or use of our servers or personal information
• Any interruption or cessation of the Services
• Any bugs, viruses, or harmful code transmitted through the Services
• Any errors or omissions in content or User Content
• Any conduct or content of third parties on the Services

IN NO EVENT SHALL VELOVATE'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Velovate and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of or access to the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting your account through your account settings or by contacting us at support@velovate.app.

11.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests from law enforcement or government agencies

11.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your account and User Content. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution

12.1 Informal Resolution

If you have a dispute with Velovate, please first contact us at support@velovate.app and attempt to resolve the dispute informally. We will work with you in good faith to resolve the issue.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Velovate agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

12.3 Class Action Waiver

12.4 Exceptions

Either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

12.5 Opt-Out

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to legal@velovate.app with "Arbitration Opt-Out" in the subject line.

12.6 Governing Law

These Terms are governed by the laws of the State of [State to be added], without regard to conflict of law principles.

13. General Provisions

13.1 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Velovate regarding the Services.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

13.6 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, or failures of telecommunications or internet infrastructure.

13.7 Export Control

You agree to comply with all applicable export and import control laws and regulations in your use of the Services.

14. Contact Information

If you have questions about these Terms, please contact us: