Terms of Use

This Agreement is between you ("User," "you") and Bikeder Inc. ("Bikeder," "we," "us," "our"), the developer and operator of the Bikeder biking trail application available on the Apple App Store and Google Play Store. This Agreement governs your use of the App on any mobile device.

Subject to your compliance with this Agreement, Bikeder grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on a mobile device that you own or control
• Access and use the App for personal, non-commercial purposes
• Use the features made available based on your subscription tier

You may not sublicense, sell, resell, transfer, assign, or commercially exploit the App or any portion of it.

If you downloaded the App from the Apple App Store, the following additional terms apply and are required by Apple Inc.:

3.1 Acknowledgement

You acknowledge that this Agreement is between you and Bikeder only, and not with Apple. Apple is not responsible for the App or its content. Bikeder, not Apple, is solely responsible for the App and its support.

3.2 Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, subject to the Usage Rules set forth in the App Store Terms of Service.

3.3 Maintenance and Support

Bikeder is solely responsible for providing maintenance and support services for the App, as required by applicable law. Apple has no obligation to provide any maintenance or support services for the App.

3.4 Warranty

Bikeder is solely responsible for any product warranties, whether express or implied by law. In the event of App failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

3.5 Product Claims

Bikeder, not Apple, is 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: (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.

3.6 Intellectual Property

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

3.7 Legal Compliance

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

3.8 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this Agreement, and Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

3.9 Developer Contact

For questions, complaints, or claims regarding the App, please contact Bikeder at: info@bikeder.com

If you downloaded the App from the Google Play Store, the following additional terms apply:

4.1 Acknowledgement

This Agreement is between you and Bikeder only, and not with Google LLC. Google is not responsible for the App or its content. Bikeder is solely responsible for the App, its content, and support.

4.2 Google Play Terms

Your use of the App is also subject to Google's terms and policies, including the Google Play Terms of Service. In the event of any conflict between this Agreement and Google's terms, this Agreement governs with respect to your relationship with Bikeder.

4.3 Compliance

You agree to comply with all applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).

5.1 Subscription Plans

Bikeder offers monthly subscription plans that unlock premium features including advanced trail maps, unlimited photo uploads, offline access, and ad-free experience. Subscription details and pricing are displayed in the App and on the respective app store listing.

5.2 Billing and Renewal

Subscriptions are billed monthly in advance. Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. Your payment method on file with Apple or Google will be charged upon renewal.

5.3 Free Trials

If a free trial is offered, it begins on the date you first activate it. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

5.4 Cancellations and Refunds

• Apple App Store: Manage and cancel your subscription via your Apple ID settings. Refund requests are handled by Apple under their refund policies.
• Google Play Store: Manage and cancel your subscription via the Google Play app. Refund requests are handled by Google under their refund policies.

Bikeder does not issue refunds for partial billing periods. Cancellation takes effect at the end of the current billing period and you retain access until then.

5.5 Price Changes

We reserve the right to change subscription pricing. You will be notified of any price changes with at least 30 days' notice before the change takes effect. Continued use of the App after the effective date of a price change constitutes your acceptance of the new price.

You must create an account to use the App. You are responsible for:

• Providing accurate and up-to-date registration information
• Maintaining the confidentiality of your password
• All activity that occurs under your account

You must notify us immediately at info@bikeder.com if you suspect unauthorized access to your account. Bikeder is not liable for any losses resulting from unauthorized account access due to your failure to safeguard your credentials.

7.1 Your Content

You retain ownership of photos, reviews, trail pins, and other content you submit ("User Content"). By submitting User Content, you grant Bikeder a worldwide, royalty-free, non-exclusive, sublicensable license to use, display, distribute, reproduce, and modify your User Content within the App and for promotional purposes.

7.2 Content Standards

You agree not to submit User Content that:

• Is false, misleading, or inaccurate
• Infringes any third party's intellectual property, privacy, or other rights
• Contains personal information of others without their consent
• Is defamatory, harassing, abusive, hateful, or obscene
• Promotes illegal activities or violates any applicable law
• Contains viruses, malware, or harmful code

7.3 Moderation

Bikeder reserves the right (but not the obligation) to review, edit, or remove User Content at our sole discretion, including content that violates this Agreement or community standards.

The App provides trail information, community-sourced suggestions, and map features for informational purposes only. Bikeder does not guarantee the accuracy, safety, or current conditions of any trail, parking area, or location pinned in the App. You are solely responsible for:

• Assessing trail conditions and your own physical fitness before embarking
• Following all local regulations, park rules, and trail etiquette
• Carrying appropriate safety equipment
• Informing someone of your planned route

Never rely solely on the App for navigation in remote areas. Bikeder is not liable for injuries, accidents, or losses incurred during biking activities.

You agree not to:

• Reverse engineer, decompile, or disassemble the App
• Use the App for any unlawful purpose or in violation of any regulations
• Scrape, harvest, or extract data from the App
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the App's servers or infrastructure
• Use automated tools (bots, scrapers) to access the App
• Reproduce, duplicate, copy, or sell any portion of the App

All rights, title, and interest in the App — including software, design, logos, maps, and content created by Bikeder — are and remain the exclusive property of Bikeder Inc. and its licensors. Nothing in this Agreement transfers any intellectual property rights to you except the limited license expressly granted herein.

"Bikeder" and associated logos are trademarks of Bikeder Inc. You may not use our trademarks without prior written consent.

The App integrates with third-party services including mapping providers (e.g., Google Maps) and analytics tools. Use of these services is subject to their respective terms and privacy policies. Bikeder is not responsible for the content, accuracy, or practices of third-party services.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BIKEDER DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BIKEDER DOES NOT WARRANT THAT: (I) THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; (II) TRAIL DATA OR USER CONTENT IS ACCURATE OR COMPLETE; (III) THE APP IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIKEDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, DATA LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE — ARISING FROM YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BIKEDER'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 CAD.

You agree to indemnify, defend, and hold harmless Bikeder, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (i) your use of the App; (ii) your User Content; (iii) your violation of this Agreement; or (iv) your violation of any third-party rights.

We may suspend or terminate your access to the App at any time, with or without notice, if you violate this Agreement or engage in conduct harmful to other users or Bikeder. You may terminate your account at any time by deleting it within the App settings or contacting info@bikeder.com. Upon termination, your license to use the App ends immediately.

Sections 10, 12, 13, 14, and 16 survive termination of this Agreement.

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from this Agreement shall be resolved through binding arbitration administered under the Arbitration Act, 1991 (Ontario), except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters involving intellectual property or urgent interim relief.

You waive any right to participate in a class-action lawsuit or class-wide arbitration against Bikeder.

We may modify this Agreement at any time. We will provide at least 30 days' notice of material changes via in-app notification or email. Continued use of the App after the effective date of changes constitutes your acceptance. If you do not agree with the updated terms, you must stop using the App and cancel your subscription.

If any provision of this Agreement is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Bikeder regarding the App and supersedes all prior agreements, representations, and understandings.