EULA

End User License Agreement (EULA) for AshBike (AshBike.com App)

Last Updated: 07/23/205

This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and AshBike ("Developer," "us," "we," or "our"). This Agreement governs your use of the AshBike application (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

By downloading, installing, or using the Application, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not download, install, or use the Application and delete it from your Apple Device.

This Agreement is a supplement to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement ("Apple's EULA") found therein. In the event of a conflict between this Agreement and Apple's EULA, the terms of this Agreement shall govern.

1. Scope of License

Subject to the terms of this Agreement, Developer grants you a limited, non-exclusive, non-transferable, and revocable license to:

(a) download, install, and use the Application for your personal, non-commercial use on a single Apple-branded device (e.g., iPhone, iPad) that you own or control ("Apple Device") strictly in accordance with the Application's documentation and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

(b) access, stream, download, and use on such Apple Device the Content and Services (as defined in Section 3) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.

2. License Restrictions

You agree that you will not:

(a) Copy the Application, except as expressly permitted by this license.

(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application.

(c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof.

(d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application.

(e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason.

(f) Use the Application in violation of any law, regulation, or rule.

3. Content and Services

The Application may provide you with access to Developer's website and to content, products, and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by this Agreement and the Privacy Policy, which is incorporated herein by reference.

4. Intellectual Property

You acknowledge that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted. AshBike and its licensors reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

5. Privacy Policy

Your use of the Application is also subject to our Privacy Policy. Our Privacy Policy explains how we collect, use, and share information about you. By using the Application, you agree to be bound by our Privacy Policy, which can be found at: https://www.ashbike.com/info/contact/app-privacy-policy.

6. Maintenance and Support

Developer may, from time to time, in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Developer has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your Apple Device settings, when your device is connected to the internet, either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.

7. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEVELOPER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION TO THE FOREGOING, DEVELOPER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEVELOPER OR ITS AFFILIATES, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DEVELOPER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination

This Agreement is effective until terminated by you or Developer. Your rights under this license will terminate automatically without notice from the Developer if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.

10. Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of California, United States of America, without giving effect to any choice or conflict of law provision or rule.

11. Contact Information

If you have any questions about this Agreement, please contact us at: contact@ashbike.com.