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BikeFit — Terms of Use

STATUS: DRAFT — NOT FINAL. REQUIRES ATTORNEY REVIEW BEFORE PUBLICATION.

This document was AI-drafted from an internal engineering/product spec

(docs/designs/biometric-data-retention-proposal.md) to give counsel a fast,

technically-accurate starting point. **It is not legal advice, it has not been

reviewed by a lawyer, and it must not be published or relied on as binding

terms until a licensed attorney in the jurisdiction(s) BikeFit actually

operates in has reviewed and revised it.** Every placeholder below (company

name, address, governing law, arbitration venue, effective date, etc.) is a

reasonable guess, not a decision — see the checklist at the end.

Effective Date: [PLACEHOLDER — set on publication] Version: 1.0-draft

1. Who we are and what this agreement covers

These Terms of Use ("Terms") are a legal agreement between you and [LEGAL ENTITY NAME PLACEHOLDER] ("BikeFit," "we," "us," or "our"), governing your access to and use of the BikeFit mobile application, web application, and related services (collectively, the "Service"). By creating an account, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not create an account or use the Service.

You must affirmatively accept these Terms before you can create a BikeFit account, on both our mobile app and our website. Acceptance is a distinct, explicit action (a checkbox you must actively select) — it is never pre-selected for you.

2. What BikeFit is — and what it is not

BikeFit analyzes video of you riding your bicycle to estimate joint angles and body position, and generates suggestions to help you adjust your bike setup for comfort and efficiency (a "bike fit").

BikeFit is an ergonomic fit tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment of any kind. Nothing in the Service should be read as a diagnosis of an injury, condition, or biomechanical abnormality. If you have pain, an injury, or a medical condition, consult a qualified healthcare professional — do not rely on BikeFit's output as a substitute for medical care.

3. Eligibility and accounts

• You must be at least 18 years old to create a BikeFit account. [PLACEHOLDER — confirm minimum age; if BikeFit intends to serve minors, this section and the Privacy Policy's children's-privacy section need a materially different (and more heavily regulated, e.g. COPPA) treatment — flag to counsel explicitly if that's in scope.]
• You're responsible for the accuracy of the information you provide, for keeping your login credentials confidential, and for all activity under your account.
• One person, one account. Don't create an account on behalf of someone else without their authorization, and don't share your login credentials.

4. Acceptable use

You agree not to:

• Upload video that isn't your own, or that you don't have the right to share (e.g. footage of another identifiable person without their consent);
• Use the Service to build a competing product, scrape or bulk-extract data, or reverse-engineer our analysis pipeline;
• Attempt to disable, bypass, or interfere with any security, rate-limiting, or access-control mechanism;
• Upload malware, attempt to access other users' accounts or data, or otherwise misuse the Service in a way that degrades it for other riders;
• Use the Service in violation of any applicable law.

We may suspend or terminate accounts that violate this section.

5. Your video, and what we do with it

This section is the operative summary of our data-handling design; the full detail lives in our Privacy Policy, which governs in case of any conflict on privacy specifics.

5.1 License you grant us

When you upload a scan video, you grant BikeFit a limited, non-exclusive, worldwide, royalty-free license to store, process, analyze, and (only in the opted-in case described below) retain and use a de-identified derivative of that video, solely for the purposes described in this section and in our Privacy Policy. You retain ownership of your video. This license ends when the underlying copy is deleted (immediately for the default analyze-and-delete path; at the end of the retention window, or on your request, for the opted-in training copy).

5.2 Two tracks, by your choice

Default (every rider, no action needed): your scan video is uploaded, analyzed to produce your fit report, and then deleted — not retained, not used for any purpose beyond generating your own report. This is true whether or not you ever interact with the training-data option below, and it does not change based on any other choice you make.

Opt-in only — "help train BikeFit's AI": if, and only if, you affirmatively opt in (at account creation, or later from your profile settings), a face-blurred copy of your scan video is additionally generated and retained for up to one (1) year from creation, so that we can use it (together with your feedback on your fit results, where you provide any) to improve our fit-analysis and bike-detection models. This copy:

• Has any visible face automatically blurred before it is stored — we do not retain an unblurred, identifiable copy of the training version;
• Is stored separately from, and is not accessible through, any of the normal paths that serve you your own scan results;
• Is automatically and permanently deleted no later than one year after it was created;
• Can be turned off at any time from your profile — turning it off stops *future* scans from being added to the training set;
• Can be deleted on request, separately from turning the setting off, via a self-service "delete my training data" action that removes anything already retained without affecting your account or your own scan history.

Opting in is never required to use BikeFit. Declining, or later revoking, this choice does not limit or degrade your access to the Service in any way.

5.3 Third-party AI processing (applies to every scan, regardless of the choice above)

To generate your fit report, BikeFit sends derived numeric measurements from your scan (joint angles, positional deltas, and similar computed values — not your video or images) to a third-party large language model provider (currently Google Gemini, with OpenAI configured as a fallback) to produce the natural-language portion of your report. This happens for every scan, independent of your training-data choice, and is described further in our Privacy Policy.

6. Account and data deletion

You can delete your account at any time from your profile settings. Deleting your account permanently removes your account data, including any retained training-corpus video, subject to any retention we're legally required to keep (see the Privacy Policy). Account deletion cannot be undone.

You can also request deletion of just your retained training-data video (without deleting your account) at any time — see Section 5.2.

7. Changes to these Terms

We may update these Terms from time to time. Each published version carries a version identifier (stored against your account as the version you most recently accepted). If we make a material change — particularly one affecting how your data is used — we will ask you to review and re-accept the updated Terms before it applies to you going forward; it does not apply retroactively to a choice you already made under an earlier version without your renewed consent, where that choice concerns the opt-in training use described in Section 5.2.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIKEFIT'S OUTPUT IS AN ESTIMATE BASED ON COMPUTER-VISION ANALYSIS OF YOUR VIDEO AND MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE FOR YOUR SPECIFIC PHYSIOLOGY OR EQUIPMENT. YOU ASSUME ALL RISK ASSOCIATED WITH ADJUSTING YOUR BICYCLE BASED ON BIKEFIT'S SUGGESTIONS. [PLACEHOLDER — standard boilerplate; counsel should tune to the actual product risk profile, especially given the "no medical advice" framing above.]

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIKEFIT AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BIKEFIT IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) [PLACEHOLDER — e.g. USD $100]. [PLACEHOLDER — cap amount/structure is counsel's call, and should account for whether BikeFit is free, subscription, or freemium at launch.]

10. Indemnification

You agree to indemnify and hold BikeFit harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or content you upload that infringes or violates the rights of a third party. [PLACEHOLDER — standard mutual-vs-one-sided indemnification structure is counsel's call.]

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, or if required by law. Sections that by their nature should survive termination (e.g. Sections 8–10, and any retention obligations already in progress under Section 5.2 for previously-created training-corpus data) will survive.

12. Dispute resolution and governing law

[PLACEHOLDER — this entire section needs counsel. Below is a standard structural shape, not a decision.]

These Terms are governed by the laws of [GOVERNING LAW / STATE-PROVINCE PLACEHOLDER], without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service will be resolved through binding individual arbitration in [ARBITRATION VENUE PLACEHOLDER], except that either party may bring an individual claim in small-claims court, and BikeFit may seek injunctive relief in court to protect its intellectual property or the security of the Service. You and BikeFit each waive the right to a jury trial and to participate in a class action. [Counsel should confirm whether an arbitration clause of this kind is enforceable and advisable for a consumer-facing app in each jurisdiction BikeFit operates in — some states and Quebec restrict mandatory consumer arbitration clauses.]

13. Contact

Questions about these Terms: [CONTACT EMAIL PLACEHOLDER, e.g. [email protected]]

Placeholders / open items for you before this goes to a lawyer

• Legal entity name — the actual registered company name to use throughout (currently [LEGAL ENTITY NAME PLACEHOLDER]).
• Registered business address — required for a real ToS/Privacy Policy footer and for several state disclosure requirements.
• Governing law / jurisdiction — which state/province's law governs (affects enforceability of the arbitration clause, the liability cap, and interacts directly with which of BIPA/CUBI/WA HB 1493/PIPEDA/Law 25 attach — see the proposal doc's regulatory section).
• Arbitration venue and whether a mandatory arbitration clause is even advisable — some jurisdictions limit or void these for consumer contracts; needs a jurisdiction-specific call.
• Minimum age — drafted as 18+; confirm, and flag if BikeFit intends to allow use by minors (would trigger COPPA/child-specific consent obligations not addressed in this draft).
• Liability cap amount/structure — placeholder $100, needs a real number tied to BikeFit's actual pricing model (free vs. paid) once decided.
• Indemnification structure — one-sided (drafted) vs. mutual.
• Effective date — set at actual publication.
• Contact email for legal/ToS questions.
• Whether BikeFit will offer paid tiers at launch — several sections (liability cap, termination-for-nonpayment) assume a free service today; will need revision once pricing is decided.