Terms and Conditions
1. Nature and scope of cyclebee's services, validity of these General Terms and Conditions
1.1. The cyclebee app is a service for planning, managing and documenting cycling tours.
1.2. The cyclebee app offers the possibility to plan, carry out and document cycling trips and excursions, as well as to get ideas and suggestions for cycling trips.
1.3. Every user has the option to create cycling tours and upload and save additional textual information and/or photos, videos, and graphics they have created for these tours or for a specific selected tour. The user can then make this information available to other users or publicly through various functions (e.g., sending electronic messages).
1.4. The export function allows the user to print, export, and save the selected cycling tour and its associated data on a target device. The user is expressly prohibited from exporting, distributing, or publishing the tour elsewhere in any way other than via the provided export function.
1.5. The following General Terms and Conditions apply to the use of the services of cyclebee GmbH. By using the services as a user of the cyclebee app, the user declares their agreement to the following General Terms and Conditions and Privacy Policy of cyclebee GmbH.
1.6. The foregoing applies regardless of whether the user obtains the services of cyclebee GmbH directly via its website or via third-party services.
1.7. The user concludes the contract for the use of cyclebee GmbH's services with cyclebee GmbH, located in:
Elisabethinergasse 2 / 5
8010 Graz
Austria
2. Conclusion of the user agreement
2.1. By using cyclebee's free and paid services and the information obtained through cyclebee, the user accepts the cyclebee Terms of Use and these General Terms and Conditions.
2.2. Registration is required to save your own tours and other data. The following access data must be provided (hereinafter referred to as "mandatory data"):
[1] Email address
[2] a password chosen freely by the user (at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
[3] User's declaration of agreement to the validity of these General Terms and Conditions and the Privacy Policy
[4] Declaration by the user whether he or she wishes to receive information tailored to his or her personal preferences in the future (e.g. in the form of a newsletter).
2.3. Optionally, the user also has the possibility to provide profile data in addition to the mandatory data. Depending on the selected settings, this data may also be publicly visible to other users at the URL provided to the user. The user will, however, be informed that this is the case.
2.4. Each user may only register once and create only one user profile.
2.5. There is no legal entitlement to registration as a user of the services. Therefore, cyclebee reserves the right to reject a registration request by notifying the user accordingly, without stating reasons.
2.6. By successfully completing the initial registration process, the user submits an offer to conclude a contract for the use of the services. Cyclebee accepts this offer by activating the user's access to the services.
2.7. If the registration process is not completed in full, cyclebee is entitled to irreversibly delete the incompletely registered account, including all information provided by the user up to that point.
3. Costs of using the services
3.1. Cyclebee GmbH provides the majority of its services to the user free of charge. As soon as the user wishes to use paid services from Cyclebee GmbH, they will be explicitly notified and will further confirm their use through the purchase process. The respective prices can be found in the price overview.
3.2. Details regarding paid services are described on the website. Fees for paid services are due immediately upon invoicing for the respective term. Users can pay using the payment methods offered there. If a fee cannot be collected, the user shall bear all resulting costs, in particular bank charges related to returned direct debits and similar fees, to the extent that the user is responsible for the event triggering the costs. Cyclebee GmbH may send invoices to users via email. Users of paid services, in particular, are obligated to notify us of and update any changes to their email address, billing address, or payment information. For payment processing purposes, payment data is stored by our payment provider for a maximum of 12 months.
3.3. If the user initiates a download of such data (e.g., in the form of a tour suggestion) on the website he has accessed, which is provided by cyclebee and transferred to an end device specified by him (e.g., computer or mobile phone) at his request, additional transfer fees will be incurred, which the user must pay to his access provider or mobile network operator.
4. Cancellation policy for consumers
4.1. If the user registers for a purpose that cannot be attributed to either their commercial or independent professional activity, the following provisions apply to them as a consumer:
4.2. The user may withdraw their contractual declaration within 14 days without giving reasons in written form (e.g., letter, email). Timely dispatch of the withdrawal notice is sufficient to meet the withdrawal deadline. The withdrawal notice should be sent to:
cyclebee GmbH
Address: Elisabethinergasse 2 / 5, 8010 Graz
Email: legal@cyclebee.app
4.3. The user's right of withdrawal expires prematurely if the contract has been fully performed by both parties at the express request of the user before he has exercised his right of withdrawal.
5. Change in the scope of services
5.1. Cyclebee reserves the right to modify, expand, restrict, or discontinue the website and/or the solutions offered by Cyclebee at any time with regard to content, graphics, and/or functionality. The same applies to the services offered by Cyclebee.
6. Time availability of the services
6.1. The user acknowledges that cyclebee cannot technically guarantee uninterrupted availability of its own website, third-party services, and individual cyclebee services (especially in the form of GPS signal, data loading), and therefore the user has no claim to such permanent availability. In particular, cyclebee reserves the right to restrict or temporarily suspend its services at its own discretion for maintenance, security, or capacity reasons.
7. Technical limitations of certain functions
7.1. Certain functions of the cyclebee system are inherently limited in scope. This applies, for example, to the number of photos a user can upload to the cyclebee system for a specific tour. Cyclebee may set such restrictions at its own discretion and change them at any time.
8. Usage data, provision and removal of media and text content
8.1. The information provided by cyclebee becomes more attractive to users depending on the extent to which users are willing to contribute information in the form of text, ratings, photos, videos, graphics, and GPS tracks to a specific tour provided by cyclebee or other users. This content is referred to below as "usage data." Furthermore, the linking of usage data to the profile of a registered user is referred to below as "personal usage data.".
8.2. If a user activates the cyclebee application on their mobile device and thereby initiates the upload of the tour data obtained from the GPS system to the cyclebee system, the user consents to this data being analyzed, processed and stored in the cyclebee system.
8.3. The personal usage data listed under section 8.1 above will be analyzed to provide users with personalized tour planning in the future. This personal data will be stored for each user. Users can delete their personal usage data by terminating their account.
8.4. In addition, the usage data mentioned in section 8.1 is analyzed, processed, and stored in anonymized form in the cyclebee system, independent of the individual user. The collection and storage of this anonymized usage data serves to continuously review, update, and enhance the informational content of the data provided by cyclebee to other users.
8.5. All usage data (e.g., texts, photos, videos) that the user has uploaded to the cyclebee platform and made accessible via their personal profile can be removed from the system by the user at any time, i.e., irreversibly deleted. The provisions regarding the storage of content beyond the termination of the user agreement remain unaffected.
9. Access to and modification of personal data by the user
9.1. Within the respective services of cyclebee, the user has the option to access their personal access data (mandatory data, see section 2.2), optional profile data (see section 2.3), and usage data stored in the cyclebee system. Furthermore, the user can change their access data (mandatory data) and the aforementioned profile data at any time on the cyclebee website. However, the user cannot irreversibly delete this data themselves via this method. If the user wishes to have all of the aforementioned personal data deleted, they must first terminate the user agreement concluded with cyclebee in accordance with section 16.
10. User Obligations
10.1. Confidentiality of access data:
The user will keep his access data (see section 2.2) secret and will not pass it on to third parties.
10.2. Legality of content:
a. The user agrees not to publish or forward any content (especially in the form of texts, photos, videos, graphics) via the cyclebee platform that is unlawful, racist, pornographic, offensive, or defamatory, or that infringes the rights of third parties, in particular copyrights or copyright usage rights. Accordingly, the user is fully responsible for all content that they publish and distribute via the cyclebee platform.
b. If a user is notified that content they have uploaded to the cyclebee platform may violate laws, they must remove this content from the cyclebee platform immediately. The provisions regarding the storage of content beyond the termination of the user agreement, as set out in section 16.2 lit b) below, remain unaffected.
10.3. Private and Commercial Use: The user agrees to use the platform and services of cyclebee exclusively with the options described and provided in the service overview, including subpages. The user warrants that they will use cyclebee only for legal, appropriate purposes and in accordance with these Terms of Use and any other applicable terms of use, guidelines, or policies. Therefore, the user may not use the services provided and made publicly available on the cyclebee platform, including all content and functions—even those posted by other users—in any way other than with the options described and provided in the service overview, including subpages. For each solution, the user explicitly accepts the additional terms of use, guidelines, or policies.
10.4. Omissions and Disruptions The user is further obligated not to harass anyone with attempts to communicate and to refrain from any sexually explicit communication. Finally, the user must refrain from all actions that are likely to impair the functionality of the platform and the services of cyclebee.
11. User and third-party content
11.1 Cyclebee assumes no liability or responsibility for the marked content that users post or forward to the Cyclebee system and that is publicly accessible or retrievable by other users via Cyclebee's or third-party websites, including connected devices (especially mobile phones). In particular, Cyclebee does not guarantee that the content provided by a user for use by other users is accurate and complete.
11.2 The user warrants that they hold all necessary rights to the content they upload to the cyclebee platform. Accordingly, they indemnify cyclebee against all claims that third parties may assert against cyclebee because the aforementioned content is unlawful, in particular infringes the intellectual property rights of the third parties asserting the claim.
11.3 cyclebee makes third-party content, such as business listings, images, and map data, available to users. Users also have access to other third-party content made available on cyclebee. cyclebee does not guarantee the accuracy or completeness of this third-party information. The use of third-party content may be subject to additional terms and conditions, which users can review.
11.4 The user acknowledges that they must make a careful decision, taking into account their personal abilities and equipment as well as the prevailing weather conditions, as to whether and, if so, which of the tours provided by cyclebee they choose for their activities. Accordingly, cyclebee assumes no responsibility or liability for the fact that
a) the user has sufficient physical and mental capacity to complete the tour he has selected;
b) the equipment carried by the user is suitable for undertaking the tour he has selected;
c) the weather conditions permit the user to undertake the tour selected by the user without a significant risk to the life, body and health of the user, i.e. without a risk exceeding the general risk of life.
d) the tours do not correspond to the capabilities of the passengers
e) When choosing an appropriate driving style on certain routes, e.g. on the lake circuit, an adjusted speed applies, as pedestrians also use the path.
f) Consequences of non-compliance with traffic regulations
11.5 The user is further aware that individual tours suggested by cyclebee may be subject to restricted access and temporary or longer-term closures (e.g., by local authorities due to mudslides, landslides, rockfalls, forest fires, etc.) for whatever reason. It is therefore the sole responsibility of the user to pay sufficient attention to local (official) orders regarding tour closures and warnings (e.g., on the internet, radio, and TV about avalanche dangers) and to adjust their behavior accordingly.
11.6 The provisions regarding cyclebee's liability set out in section 12 below remain unaffected by the preceding provisions of this section 11.
12. Liability
12.1 Cyclebee shall only be liable for damages incurred by a user due to a slightly negligent breach of duty attributable to Cyclebee to the extent that such damages are foreseeable and typical for this type of service and were directly caused by the breach of duty. In particular, liability for data loss is limited to the typical recovery costs that would have been incurred had regular and appropriate backups been made. If the slightly negligent breach of duty is not essential for achieving the purpose of the contract, Cyclebee's liability is excluded.
12.2 The limitations of liability contained in section 12.1 above also include any claims by the user for reimbursement of expenses incurred in reliance on receiving a contractual service and which he was reasonably entitled to incur.
12.3 However, cyclebee shall be fully liable to users for damages resulting from injury to life, body, or health caused by an intentional or grossly negligent breach of duty by cyclebee or its agents, as well as for other damages caused by an intentional or grossly negligent breach of duty or fraudulent intent on the part of any of the aforementioned persons. Furthermore, cyclebee shall be fully liable to users for damages covered by mandatory statutory provisions and in the event of any guarantee assumed by cyclebee.
12.4 Unless otherwise stated in the above provisions, any liability of cyclebee is excluded.
13. Temporary suspension of a user, deletion of content by cyclebee
13.1 Should cyclebee have concrete indications that a user is behaving unlawfully when using the platform or the cyclebee application, in particular by posting content infringing the intellectual property rights of third parties into the cyclebee system or by committing or committing other violations of these General Terms and Conditions, cyclebee is entitled to remove the legally objectionable or legally questionable content from the cyclebee platform without prior notice to the user concerned and/or to temporarily exclude the user who is (potentially) behaving unlawfully from using the cyclebee services after giving appropriate prior notice, i.e., until the allegations against the user concerned have been clarified.
13.2 The provisions regarding cyclebee's right to extraordinary termination under point 14.3 below remain unaffected.
14. Termination of the user agreement, cancellation, refund of fees paid in advance
14.1 The registered user is entitled to terminate the contract concluded with cyclebee for the use of cyclebee's services at any time, without having to state a reason and without having to observe a specific notice period. To terminate the contract, the user simply needs to initiate the termination process in their profile within the cyclebee app. Alternatively, the user can also send their notice of termination to cyclebee by mail to cyclebee's business address (cyclebee GmbH, Elisabethinergasse 2/5, entrance via Annenstraße 23, 8010 Graz, Austria).
14.2 The duration of paid services can be found in the current service overview. Unless a minimum usage period for paid services is explicitly indicated during the purchase process, the usage period is unlimited. Paid services marked with a minimum usage period during the purchase process will initially run for the minimum usage period booked by the user. Afterward, the paid services will automatically renew for renewal periods of the same duration unless terminated by the user or cyclebee. The user may terminate the paid services without giving reasons and without notice, subject to technical limitations, at the end of the minimum usage period booked during the registration process or subsequently at the end of a renewal period. Termination can be done in the "Profile" [HI4] [K5] or in writing via email or letter to cyclebee or the user. For written terminations, the user's email address registered on the cyclebee websites or in the app must be provided. After termination of the paid services by the user, the user retains free access until the service is terminated.
14.3 However, cyclebee is only entitled to terminate the user agreement concluded with the affected user with three weeks' notice. This does not affect cyclebee's right to terminate the user agreement with the affected user without notice for good cause. cyclebee must send its notice of termination to the email address provided by the affected user. Good cause for termination without notice by cyclebee exists, for example, if cyclebee becomes aware that the affected user has acted or is acting unlawfully while using the cyclebee platform, in particular by uploading content to the cyclebee system that infringes the intellectual property rights of third parties.
14.4 Upon termination of the user agreement concluded with a user, cyclebee will immediately and irreversibly delete all data relating to that user. Specifically, this includes their login credentials (see section 2.2), their profile data (see section 2.3), and their personal usage data as defined in section 9.1 above. If and to the extent that the user in question has uploaded content in the form of photos, videos, or graphics to the cyclebee platform, this content will also be irreversibly deleted by cyclebee.
14.5 The provisions set out in section 14.4 above do not apply to the functions provided by cyclebee (e.g. the electronic sending of messages) for both other users and publicly available data, although this aforementioned data is also made available for retrieval on the cyclebee platform in a form no longer linked to the profile data by cyclebee.
14.6 The provisions set out in section 14.2 lit. b) above, according to which cyclebee is entitled to store personal data beyond the time of termination of the user agreement under the strict conditions specified therein, remain unaffected by the foregoing provisions of this section 14.
14.7 In the following cases, the user's right to a refund of fees already paid in advance is excluded:
a) cyclebee terminates the contract in accordance with clause 14.3 for good cause,
b) cyclebee blocks the user's access in accordance with clause 13 or
c) the user terminates the contract; however, the user's right to a refund of fees already paid in advance is not excluded if the user terminates due to an important reason that originates from cyclebee's sphere of responsibility.
15. Final Provisions and Jurisdiction
15.1 Cyclebee reserves the right to amend these Terms and Conditions at any time without stating reasons, unless this is unreasonable for the user. Cyclebee will notify the user of any changes to the Terms and Conditions in a timely manner.
15.2 Unless otherwise agreed, the user may submit all declarations to cyclebee by email or by letter. cyclebee may send declarations to the user by email or letter to the addresses the user has provided as their current contact information in their account.
15.3 Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
15.4 This contract is governed by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the contracting party is a consumer, the mandatory provisions of the law of the state in which they have their habitual residence also apply to this contract.
15.5 For disputes, the competent regional court at the company's registered office in Graz shall have jurisdiction.
If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the jurisdiction of the court in whose district the customer's domicile, habitual residence or place of employment is located shall be deemed to be established.
We commit to participating in the mediation process of the Internet Ombudsman in the event of disputes: www.ombudsstelle.at
Further information on the types of procedures can be found at www.ombudsstelle.at or in the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman's Office for alternative dispute resolution under the AStG (AStG conciliation procedure)
https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_AStG-Verfahren.pdf
Richtlinien für das Schlichtungsverfahren bei der Internet Ombudsstelle außerhalb des Anwendungsbereichs des AStG (Standard-Verfahren) https://www.ombudsstelle.at/fileadmin/daten/Verfahren/Richtlinien_f%C3%BCr_das_Standard-Verfahren.pdf
For the settlement of disputes with our company, the OS platform can also be used: Link to the OS platform:
https://ec.europa.eu/consumers/odr
Our email address: Email: legal@cyclebee.app