Terms and conditions of he APP

Public forums and communication

“Public Forum” refers to an area, site, or feature that is offered as part of any ALL IN BIKING Site as an opportunity for users to post content (“User Postings”) that may be viewed by one or more users of the ALL IN BIKING Site, including but not limited to message boards, forums, social community environments, chat pages, and blogs.

You acknowledge that the Public Forums and the features provided therein are for public, not private, communications and you waive any expectation of privacy in connection with any User Posting in a Public Forum. We cannot guarantee the security of information disclosed through any such means. You disclose such information voluntarily at your own risk.

The user must use good judgment when posting information, comments or other content regarding other users, service providers, ALL IN BIKING or other third parties. You may be held legally liable for damages suffered by other users, ALL IN BIKING or third parties as a result of legally actionable or defamatory comments, remarks or other information or content you post on an ALL IN BIKING Site.

ALL IN BIKING assumes no legal liability for any User Postings, whether defamatory or otherwise legally actionable.

You are and shall remain solely responsible for any User Postings you distribute on or through a Public Forum on any ALL IN BIKING Site, and for the consequences of submitting and posting them. We have no duty to monitor any Public Forum. You shall be solely liable for any damages resulting from any copyright infringement or proprietary rights or any other harm resulting from a User Posting. By posting material on any ALL IN BIKING Site, you automatically grant or warrant that the owner of such material has expressly granted the global, perpetual, irrevocable, royalty-free, non-exclusive right to ALL IN BIKING to use, to reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) and/or to include it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit other users to access, view, store or reproduce the material for their personal use. You hereby grant to ALL IN BIKING the right to edit, copy, publish, and distribute any material you make available on any ALL IN BIKING site.

We are not responsible for, and do not endorse, the opinions, advice or recommendations submitted or posted by users in any Public Forum, and expressly disclaim any and all liability in connection therewith. We do not confirm or verify the qualifications, background or skills of users or the information posted by users in any Public Forum. We therefore recommend that you exercise caution and use common sense and good judgment when using any ALL IN BIKING Site or Public Forum.

Code of Conduct: You agree that you will not post on an ALL IN BIKING Site any User Submission that:

  • is defamatory, abusive, hostile, threatening or infringing upon another person’s right to privacy;
  • is discriminatory, indicates hatred or racism or may be offensive in any way;
  • is violent, vulgar, obscene, pornographic or sexually explicit, or otherwise harmful or reasonably believed to be harmful to any person or entity;
  • is illegal or encourages illegal acts or discussion of or advocates illegal acts with the intent to commit them, including User Postings that are, or represent an attempt to engage in, child pornography, sexual harassment or assault, fraud, trafficking in obscene or stolen material, drug trafficking and/or use, stalking, robbery or conspiracy to commit any criminal act;
  • infringes or violates any third party rights including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) the right of privacy (specifically, you may not distribute any personal information about others without their express permission) or publicity; or (c) any obligation of confidentiality;
  • is commercial, is related to business or which advertises or offers to sell products, services or otherwise (whether for profit or not), or solicits them from others (including the solicitation of contributions or donations);
  • contains a virus or other harmful component, or otherwise manipulates, impairs or damages in any way the ALL IN BIKING Sites and any other connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of any ALL IN BIKING Site;
  • (a) does not generally pertain to the topic or subject matter of the public Forum for which it is intended; (b) violates any specific restrictions applicable to a Public Forum, including age restrictions and procedures; or (c) is anti-social, negative or destructive, including “taunting,” “spamming,” “flooding,” “trolling,” and “harassment,” as those terms are generally understood and used on the Internet; or (d) is not in accordance with any other applicable rules, regulations, or policies of the Public Forum.
  • is false or misleading.

We cannot and do not ensure that other users will or will not comply with the Code of Conduct set out above or any other provision of these Terms of Use and, as between you and us, you hereby accept all risk of damages that may arise from any such non-compliance.

We reserve the right, but disclaim any obligation or liability, to refuse to post or communicate or to remove any User Submission from any ALL IN BIKING Site that violates these Terms of Use (including the Rules of Conduct).

USER interactions

To the extent permitted by applicable law, we are not responsible for your interactions with other users of the Platform or for any harm or damage you may experience due to these interactions.

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting another person face-to-face, consider doing your research, bringing a friend, choosing public places, and letting someone know where you will be. ALL IN BIKING has no obligation to become involved in any user disputes.

Incident detection

Incident detection is a supplementary function and should NOT be relied upon as the primary method of obtaining help in an emergency. ALL IN BIKING does not guarantee the accuracy and reliability of the incident detection function. ALL IN BIKING cannot contact the emergency services for you if the incident detection is not manually configured by the user through the ALL IN BIKING app.

When an incident is detected, ALL IN BIKING sends your name and location (if available) to your emergency contacts. Your location is determined by our location tracking feature, sending real-time updates of your location during an activity. You must set up incident detection and emergency contacts in the ALL IN BIKING app.

What is needed for incident detection?

Incident detection MUST be available and enabled for the activity profile being used.

You will find information on which activity profiles on your device support incident detection. Incident detection does not work with exercise apps downloaded from the Connect IQ shop.

The device must have LTE service activated (only available for certain products) or must be connected via Bluetooth to the ALL IN BIKING app on a compatible smartphone. If you are using an iOS smartphone, the ALL IN BIKING app must be open in the background and cannot be closed.

For non-LTE devices, the connected smartphone must have a mobile signal with a subscribed data plan from a telephone operator.

The device must have a GPS signal when incident detection is activated.

Emergency contacts must be able to receive text messages or emails.

Responsibility of ALL IN BIKING

ALL IN BIKING makes no declarations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from the use of the ALL IN BIKING Sites and the Content. Any use of the ALL IN BIKING Sites and the Content is at the user’s own risk. Changes are periodically made to the ALL IN BIKING Sites and such changes may be made at any time. In addition, ALL IN BIKING reserves the right to modify, suspend or discontinue any service or feature of the ALL IN BIKING Sites (including any change or deletion of Content) at any time with or without notice, and ALL IN BIKING shall not be liable to you or to any third party should it exercise such rights. Some of the Content on the ALL IN BIKING Sites may be provided by third parties, and ALL IN BIKING assumes no responsibility for such Content.

ALL IN BIKING DOES NOT GUARANTEE THAT THE ALL IN BIKING SITES WILL OPERATE ERROR-FREE OR THAT THERE ARE NO COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS ON THE ALL IN BIKING SITES OR ITS SERVERS. IF YOUR USE OF THE ALL IN BIKING SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT, OR IN LOSS OF PROFITS OR DATA, ALL IN BIKING WILL NOT BE LIABLE FOR THESE COSTS.

THE ALL IN BIKING SITES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALL IN BIKING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

ALL IN BIKING WILL USE REASONABLE EFFORTS TO PROTECT ANY INFORMATION OR DATA SUBMITTED BY YOU TO AN ALL IN BIKING SITE IN CONNECTION WITH ANY SERVICE OR FEATURE OF THE ALL IN BIKING SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR OWN RISK. YOU HEREBY RELEASE ALL IN BIKING FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATED TO SUCH INFORMATION.

ALL IN BIKING IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE OR FEATURE OF THE ALL IN BIKING SITES.

Limitation of liability

To the extent permitted by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorised access to or use of your Content.

In this respect, Law 34/2002 of 11 July 2002 on information society services and electronic commerce shall apply.

Disclaimer of certain damages

Your use of the ALL IN BIKING Sites is at your sole risk. If you are dissatisfied with any portion of the Content, other content or any feature of the ALL IN BIKING Sites, or with these Terms and Conditions, your sole remedy is to discontinue using the ALL IN BIKING Sites. IN NO EVENT SHALL ALL IN BIKING OR ANY THIRD PARTIES MENTIONED ON THE ALL IN BIKING SITES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES FOR LOSS OF DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE ALL IN BIKING SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ALL IN BIKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY IN THIS SITUATION, IN WHICH CASE ALL IN BIKING’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH EXCLUSION OR LIMITATION IS PERMITTED BY APPLICABLE LAW.

 

Third-party companies through API or other interactions

We allow you to share your information and content with third party applications, plug-ins or websites that integrate with the Services, as well as with third parties that work with ALL IN BIKING to provide an integrated feature, such as a challenge sponsor or a tracking watch. You may choose to share your profile and activity data (including private activities). Information collected by these third parties is subject to their terms and policies. ALL IN BIKING is not responsible for the terms or policies of third parties

 

Affiliates and buyers of our business or assets

We may share your information with affiliates that share control with us, which are required to comply with the terms of this Privacy Policy with respect to your information. If ALL IN BIKING becomes involved in a business merger, securities offering, bankruptcy, reorganization, dissolution or any other similar transaction, we may share or transfer your information in connection with that transaction.

Legal requirements

We may store and share your information with third parties, including law enforcement, public or government agencies, or private litigants, inside and outside your country of residence, if we determine that such disclosure is legally allowed or is reasonably necessary to comply with the law, as well as to respond to court orders, warrants, subpoenas, or other legal or regulatory processes. We may also retain, store, and share your information if we determine that it is reasonably necessary or appropriate to prevent the death or serious bodily injury to any person, to address national security or other issues of public importance, to prevent or detect violations of our Terms of Use or fraud or abuse by ALL IN BIKING or its members, and to protect our operations or our property or legal rights, including disclosure to our legal counsel and other advisors and third parties in connection with actual or threatened litigation.

How we protect information

We take various measures to the collection, transmission, and storage of the information we gather. We use reasonable protection for your information that is appropriate for its sensitivity. The Services use the standard technology in the Secure Sockets Layer sector (SSL) to allow for the encryption of personal information and credit card numbers. ALL IN BIKING contracts leading providers in the online security sector, such as verification of the Services, to enhance the security of our Services. The Services are registered with the site identification authorities, so that your browser can confirm ALL IN BIKING’s identity before sending any personal information that can personally identify you. In addition, ALL IN BIKING’s secure servers protect this information using advanced firewall technology.

 

MEET-UPS IN PUBLIC SPACES

Creating a meet-up

Only users of legal age in their country can create an event or public meet-up. Therefore, by reading and confirming these terms and conditions, you accept that you will be a user/creator of an event/meet-up if you are of legal age.

Each user who registers and attends a meet-up may invite people outside of the app, although the user/creator may limit these profiles or even block them. When registering, or signing up as a guest, the user confirms that they have read the terms and conditions as well as the privacy and data protection policy that they can access through our webpage www.allinbiking.com where we refer you to.

Upon registering and publishing an event/meet-up, the user/creator assures that they are able to participate and that they are responsible for taking the necessary precautions to prevent any damage to AIB in the case of an incident or accident attributable to a lack of supervision on their part, accepting AIB’s disclaimer of liability for any incident or accident that may occur during an event/meet-up.

Likewise, you should also know that as a user/creator of an event, you will not be responsible for any incident that may affect a guest user beyond those caused by your own actions and the liability to third parties specifically recognised by law.

Joining a meet-up

As a USER, by joining a meet-up, you accept the disclaimer of liability or claim against ALL IN BIKING or the user/creator of the meeting for any incident or damage that may occur during the course of the meet-up.

Likewise, the user declares that they are over 14 years of age, or if younger, that they are accompanied with an adult/legal guardian and that they will comply with the codes of ethics and code of conduct as well as that they are aware of and will comply with current regulations on road and traffic safety. 

To this end, we refer you to the instructions of the Directorate General of Traffic (DGT) – Riding a bicylce, so that you can consider the minimum factors and considerations for bicycle safety and basic traffic rules.

Accompanied by minors

Users under the age of 14 joining a meet-up must be registered and accompanied by a parent or guardian. If a child under the age of 14 attends with an adult who is not their parent or guardian, the accompanying adult must have the prior written consent of the child’s parent or legal guardian.

Adult users wishing to participate in rides and bring children under 5 years of age may do so provided they are secured in a standard child seat or approved trailer. 

Image rights

By joining an event/meet-up, you accept and consent to the taking of photographs or videos of the activity that may be used or published on the AIB network both by other users and by AIB for updating content. With regard to the image rights of minors, it shall be the parents or legal guardians accompanying the minors who, by registering, consent to said publication.

 

Responsibility

ALL IN BIKING only provides a meeting point, where users can have access to its services in a group way, the user being ultimately responsible for all acts performed, as well as responsible for the actions of those external guests who come to the meet-up. Therefore, ALL IN BIKING will not be liable in any case for damages of any kind arising from the actions of the USERS on the public road and against third parties.

ALL IN BIKING will make its best efforts to avoid incidents, although it is not responsible for the actions, errors in user/creator’s supervision or the consequences that may arise, since it cannot control the actions of users and is not part of such events/meet-ups.

ALL IN BIKING is not responsible for any loss, damage or theft of bicycles or other personal effects belonging to participating users and guests.

The user creating the event will do everything within their reasonable control to make the event as safe as possible, but all users and guests participate at their own risk.

ALL IN BIKING accepts no liability for any damage caused when:

 

  1. a) There is a breach of a contractual obligation or legal duty of care.
  2. b) Such damage is not reasonably foreseeable at the time of causation.
  3. c) The personal or material damage occurs as a consequence of the risks inherent in the practice of the sporting activity as a result of participating in it.
  4. d) Changes are made to the route or schedule of the activity for safety or operational reasons or as required for the safe and proper conduct of the activity.

 

The user creating the event/meet-ups may cancel the cycling activity at their discretion. ALL IN BIKING will endeavour to provide information of such cancellation as soon as possible but accepts no liability for any costs incurred by a user or guest as a result of the cancellation.

The routes are designed as a guide only and ALL IN BIKING accepts no responsibility for the safety of the routes, changes in terrain or conditions that may affect the route. Always use common sense when using any of these routes.

Safety advice

We remind the user that they must comply with current regulations on traffic and road safety at all times.

The creation of any mass cycling activity, using ALL IN BIKING must have, where appropriate, the authorisations required by current regulations, in case it causes or requires any interference on the public road, remembering that the organiser may be criminally and civilly liable.

ALL IN BIKING promotes the use of bicycles by encouraging users to engage in sporting activity. Cycling is a physical activity and can be strenuous. Cyclists should be in good health and any cyclist who has a question about their health or fitness, or who has a medical condition or injury that may be affected by exercise (particularly heart problems) should consult their doctor before participating.

No one should participate in an activity under the influence of alcohol or drugs.

All users must ensure that their bicycles are in good roadworthy condition, observe the rules of the Highway Code and follow the instructions of the traffic authorities.

The decision of the user creating the event/meet-up will be final depending on whether a bicycle is of a suitable type or condition to be used in the scheduled social activity.

According to the current Traffic and Road Safety Law in force, the obligation to wear a helmet in town applies exclusively to minors under 16 years of age. Similarly, all cyclists must wear helmets outside the city.

Cyclists must not wear headphones or earphones while taking part in a cycling activity.

Users and guests are not insured by the mere fact of participating in the events, so we recommend that they have civil liability insurance. Participants who have a cycling licence or federation licence already have such insurance.

We recommend that you follow the Highway Code during the activity and be prepared for situations such as adverse weather conditions and mechanical problems.

It is advisable to bring the following items: snacks, mobile phone, bicycle lights, bicycle pump, puncture repair kit, multiple tools, and suitable clothing.

We recommend that users creating rides are experienced in group cycling and are aware of the safety considerations for group cycling and that they should choose a route appropriate for the size and ability of the group.

ALL IN BIKING against discrimination in the information society

ALL IN BIKING considers that a more inclusive and egalitarian cycling movement in which no person feels discriminated within social networks and the information society is fundamental. Therefore, ALL IN BIKING will not respond to any comment or promotion of meet-ups or events with a racist, sexist or homophobic component made by users/creators of events. On the contrary, part of the ethics of ALL IN BIKING is to encourage the use of its functions so that everyone can fully participate in it.

However, ALL IN BIKING appreciates that that meet-ups and competitions may be held with certain limits or admission filters, since this function is made possible, giving rise, for example, to events that are women or men only, without this implying a claim to gender discrimination. It is the user/creator of the event who reserves the right of admission with respect to the event they manage/promote, always safeguarding the right of every citizen to free movement. 

Spanish Legislation and Applicable Regulations

All the regulations governing the practice of cycling in its different disciplines and categories can be found on the website of the Royal Spanish Cycling Federation: https://rfec.com/index.php/es/smartweb/seccion/seccion/rfec/Legislacion-y-Normativa

Right to assembly

In accordance with Art. 21 of the Spanish Constitution, the right to peaceful and unarmed assembly is recognised without the need for prior authorisation, although it may only be promoted by people who are in the free exercise of their civil rights, considering a meeting to be a temporary concerted gathering of more than 20 people, with a specific purpose.

In this respect, the provisions of the Organic Law 9/1983, of 15 July, regulating the right to assembly shall apply.

As such, it will be the government authorities who will protect these meetings against those who try to prevent, disturb or undermine the lawful exercise of this right unless there are disturbances of public order or are considered unlawful in accordance with criminal law, at which time they may suspend them.

ALL IN BIKING is not responsible for the cancellation of an event due to the Authorities considering, at their discretion, that offences have been committed, either by the user/creator or any user or guest at the meeting, which may be considered unlawful or disruptive to public order.

MANAGING YOUR SETTINGS

Privacy controls

ALL IN BIKING offers a number of features and settings to help you manage your privacy and share activities. Most of the privacy controls are on your privacy controls page, but others but others are specific to individual activities, athletes, or routes. ALL IN BIKING offers you the option to make your activities private.

Setting email notifications and preferences

ALL IN BIKING offers several ways to manage the notifications you receive. You can opt out of receiving certain emails and notifications by indicating your preference. You may also unsubscribe by following the instructions at the bottom of marketing or promotional emails. Any administrative or service-related emails (to confirm a purchase or to update the Privacy Policy or our Terms of Service, etc.) do not generally provide an option to unsubscribe, as they are necessary to provide the Services you requested.

You can correct, change or update your profile or account information at any time by modifying that information in your account settings. If you need more information on how to rectify incorrect information, please contact ALL IN BIKING at policy@allinbiking.com

Deleting Your Account, Account Information, and Downloading Data

You can delete your account or download your data using our self-service tools.

Once you make a deletion request, we will permanently and irreversibly delete your personal data from our systems, including backup copies. Once deleted, your data, which includes your account, activities, and position in leader boards, cannot be recovered. After deleting your account, it may take up to 90 days before your personal information and records are deleted from our systems. In addition, we may retain information when deletion requests are made to comply with the law and take other actions permitted by law.

Please note that the content you have shared with others, such as photos, or that others have copied may also remain visible after you have deleted your account or deleted specific information from your own profile. Your public profile may appear in search engine results until the search engine updates its cache.

ALL IN BIKING also offers the option to delete individual activities that you have posted without having to delete the entire account. Once deleted, the activities may remain on ALL IN BIKING’s systems until you delete your account.

Your rights and our legal bases

We provide the same set of privacy tools and controls to all of our members worldwide.

ALL IN BIKING relies on a number of legal bases to collect, use, share and otherwise process the information we hold about you for the purposes described in this Privacy Policy, such as the following:

  • when necessary to provide the Services and perform our obligations under the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information;
  • where you have given your consent to data processing;
  • where necessary to comply with a legal obligation, a court order or to exercise and defend legal claims;
  • to protect your vital interests or those of others, such as in the event of an emergency; and
  • where necessary for ALL IN BIKING’s or a third party’s legitimate interests, such as our interests in protecting our members, our partners’ interests in collaborating with our members and our business interests in ensuring the sustainability of the Services.

Transfers

The Services are operated from Spain. If you reside outside of Spain and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred to, processed, and stored in Spain, as this is necessary to provide the Services and comply with the Terms of Service. The privacy laws in Spain may not be as conservative as those in your jurisdiction.

Information retention

We retain information for as long as necessary to provide the Services to you and others, consistent with any legal obligation to continue to retain such information. Generally, information associated with your account will be retained until it is no longer needed to provide the Services or until your account is deleted. You may also delete certain pieces of information (such as profile information) and remove individual activities so that they are not visible on the Services without deleting your entire account. For example, after you withdraw your consent to ALL IN BIKING’s treatment of your health information, ALL IN BIKING will delete any health information you have uploaded. After deletion of your account, it may take up to 90 days before your personal information and records are completely deleted from our systems. In addition, we may retain information to comply with law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service, and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information relating to you that is no longer necessary or relevant to provide our Services may be anonymised or aggregated with other non-personal data in order to provide information of business value to ALL IN BIKING, such as statistics on the use of the Services. For example, we may retain publicly available segments or routes and other anonymized geolocation information to further improve the Services. This information will not be associated with your name or other identifiers.

Privacy Policy Information

ALL IN BIKING reserves the right to change its Privacy Policy at any time. We encourage you to review it from time to time. If ALL IN BIKING makes changes to this Privacy Policy, the updated version will be posted on the Services from time to time and, if we make material changes, we will prominently post a notice. If you object to any changes to this Privacy Policy, you should stop using the Services and delete your account.