SRAM AXSMOBILE APPLICATION
Last Updated: April 19, 2019
Terms and Conditions of use
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND SRAM, LLC together with its subsidiaries and affiliates ("SRAM") FOR THE USE OF THIS MOBILE APPLICATION (THE "APP"), WHICH IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THESE TERMS. BY ACCESSING OR USING THE APP, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS.
The App is not intended for children under 16 years of age. No one under age 16 may provide any information to us or on the App. We do not knowingly collect personal data from children under 16. If you are under 16, do not use or provide any information on or through the App or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal data from a child under 16 without verification of parental consent, we will delete that information.
Data Protection Officer
1000 W Fulton Market, Floor 4
Chicago, Illinois 60607, USA
2. Copyright Ownership; License. The App contains the valuable proprietary content of SRAM and is protected by copyright and other intellectual property laws and treaties. Subject to the terms, conditions and limitations set forth in these Terms, SRAM grants you a non-exclusive, worldwide, perpetual, non-transferable, revocable license to perform, display, and use the App solely for your personal entertainment purposes.
3. Limitations. You agree not to use the App except in its intended manner in accordance with these Terms. You agree not to do, or authorize or permit any third party to do, any of the following: (i) rent, lease, lend, sell, redistribute or sublicense the App; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof or any content contained therein (except as and only to the extent any foregoing restrictions are prohibited by applicable law); (iv) modify, alter or create any derivative works of the App; or (v) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App. If you violate any of the foregoing restrictions, your use of the App will be unlicensed and will infringe the copyright and other rights of SRAM, which may subject you to prosecution and damages. SRAM reserves all rights not expressly granted to you herein.
4. Trademarks. SRAM, SRAM AXS, the SRAM and SRAM AXS logos, and any other SRAM logos, product or service names, slogans or other trademarks or service marks contained in the App are trademarks or service marks of SRAM and may not be copied, imitated or used, in whole or in part, without the prior written permission of SRAM. In addition, the look and feel of the App, including all headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SRAM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos displayed or mentioned in the App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SRAM. Nothing contained in the App may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
5. Termination or Modification. SRAM reserves the right, at any time in its sole discretion with or without notice, to modify, suspend, remove, or discontinue the App, or any portion thereof, or to disable your access to an the App. SRAM may also terminate your license to use the App, at any time in its sole discretion, immediately upon notice. In no event will SRAM incur any liability for any of the foregoing actions. Any use of the App after termination is unlicensed and is in violation of the copyright and other rights of SRAM. Sections 3-13 of these Terms will service any termination of your license to use the App.
6. DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SRAM HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SRAM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY SRAM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES TO A CONSUMER, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SRAM BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SRAM’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP EXCEED ONE DOLLAR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Investigations; Cooperation with Law Enforcement. SRAM reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its App security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms, (c) involve and cooperate with law enforcement authorities in investigating any such matters, and (d) prosecute violators of these Terms to the full extent of the law.
9. Export Limitations. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
10. US Government Rights. The App and its related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11. Governing Law; Venue. The laws of the State of Illinois, excluding its conflicts of law rules, govern your use of the App. Your use of the App may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the App, any SRAM service or these Terms shall be filed only in applicable state court located in Cook County, Illinois, or, if the United States District Courts would otherwise have jurisdiction, in the United States District Court for the Northern District of Illinois, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the App.
12. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13. ADDITIONAL TERMS APPLICABLE TO IPHONE, IPOD TOUCH OR IPAD APPS
Notwithstanding anything to the contrary in the Terms set forth above, the following additional terms shall apply to any Apps downloaded for use on the iPhone, iPod Touch or iPad:
a. Acknowledgement: The parties acknowledge that these Terms are concluded solely between such parties, and not with Apple, and SRAM, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download theApp, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive.
b. Scope of License: The license granted to you in Section 2 above is limited to a non-transferable license to use the Apps on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
c. Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
d. Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to theApp. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any,paid to Apple for the App to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of SRAM. However, you understand and agree that in accordance with these Terms, SRAM has disclaimed all warranties of any kind with respect to theApp, its website and any SRAM service, and therefore, there are no warranties applicable to the App.
e. Product Claims: The parties acknowledge that as between Apple and SRAM, SRAM, not Apple, is responsible for addressing any claims of the end-user or any third party relating to theApp or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that theApp fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the App or the end-user’s possession and use of that App infringes that third party’s intellectual property rights, SRAM, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms. .
g. 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 that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Developer Name and Address: Any end-user questions, complaints or claims with respect to the App should be directed to:
3100 1st Ave.
Spearfish, South Dakota 57783, USA
i. Third Party Beneficiary: The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the end-user’s acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the end-user as a third party beneficiary thereof).
The categories of personal data that we process depend on how you use our services or products. For example, when you create a user or customer account, processing may vary depending on the status of your account and the services of which you make use. In addition to your name, contact information, and commercial information, based on your use of the App, we may process biometric information, geolocation data, and data from your bike or bike components connected to the App. We may also process serial numbers, firmware versions and updates, and interactions with the App from your bike components connected to the App.
Our App makes use of certain tracking features, which involve the collection of personal data. Specifically, the information that we collect through the use of tracking features in our App is as follows:
Usage Information, which is retained by SRAM for metrics:
Title – the title of the page you are viewing;
Screen resolution – the resolution of your screen;
App Store—the store from which the App was downloaded and installed;
App Version—the versionName (Android) or the Bundle version (iOS);
Device Brand—the brand name of the mobile device (e.g., Motorola, LG, or Samsumg);
Device Category—the category of the mobile device (e.g., mobile or tablet);
Device Model—the mobile device model name (e.g., iPhone 5s or SM-J500M);
First Open Time—the time (in milliseconds, UTC) at which the user first opened the app, rounded up to the next hour;
Language—the language setting of the device OS (e.g., en-us or pt-br);
New/Established—New: first opened the App within the last 7 days, Established: first opened the App more than 7 days age; and
OS Version—The version of the device OS (e.g., 9.3.2 or 5.1.1)
User Information, which is retained by SRAM for metrics:
Age—identifies users by six categories: 18-24, 25-34, 35-44, 45-54, 55-64, and 65+;
Country—the country the user resides in;
Gender—Identifies the users as either male or female;
Interests—Lists the interests of the user (e.g., “Arts & Entertainment, Games, Sports”);
We do not disclose your personal data to any third party except to our affiliates and to data processors that assist us with providing our services.
It is always possible for you to use the App without disclosing your personal data. This requires that you have disabled the tracking features in the App. You can opt out of the processing of such information via Settings > App Analytics. Please note, however, that without tracking features you may not be able to use all of the features of the App.
The App is not intended for children under 16 years of age. No one under age 16 may provide any information to us or on the App. We do not knowingly collect personal data from children under 16. If you are under 16, do not use or provide any information on or through the App or their features/registration, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal data from a child under 16 without verification of parental consent, we will delete that information.