Cykaly Terms of Service
These Terms govern access to and use of the Cykaly websites, mobile applications, Marketplace and related services.
1. About Cykaly and Acceptance of These Terms
The Cykaly websites, mobile applications, Marketplace and related services (collectively, the “Services”) are made available by Cykaly, operated from Dubai, United Arab Emirates (“Cykaly”, “we”, “us” or “our”), subject to these Terms of Service (the “Terms”), our Privacy Policy, our Acceptable Use Policy and any feature-specific rules or policies expressly incorporated into these Terms.
These Terms form a legally binding agreement between you and Cykaly. If you access or use the Services on behalf of a company, organisation or other legal entity, you represent that you have authority to bind that entity, and “you” will include that entity.
BY CREATING AN ACCOUNT, CLICKING “I AGREE” (OR AN EQUIVALENT ACCEPTANCE MECHANISM), OR ACCESSING OR USING THE SERVICES AFTER THESE TERMS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
Feature-specific rules or policies may apply to particular Services and form part of these Terms where expressly incorporated by reference. If a feature-specific rule directly conflicts with these Terms for that feature, the more specific rule will apply only to the extent of that conflict, subject always to mandatory applicable law.
The English version of these Terms controls to the extent permitted by applicable law if a translated version conflicts with it.
2. Eligibility, Registration and Accounts
The Services are intended for persons who are at least thirteen (13) years old, or any higher minimum age required by applicable law for the relevant Service. Where a user is below the legal age to enter into a binding contract, the user represents that a parent or legal guardian has reviewed and agreed to these Terms on the user’s behalf.
Specific features may have higher age requirements. In particular, the Cykaly Marketplace is restricted to eligible users who are at least eighteen (18) years old, as set out in Section 9 of these Terms.
When registering, you must provide true, accurate, current and complete information and keep it updated. You may not impersonate another person, create accounts using false information, transfer or sell your account, or create replacement accounts to evade a restriction, suspension, disablement or termination.
You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account. You must notify Cykaly promptly if you reasonably suspect unauthorised account access or a security breach.
If you register or sign in through a third-party identity or login service, you authorise Cykaly to receive and use the information made available by that service in accordance with our Privacy Policy, and your use of the third-party service remains subject to that third party’s terms.
3. Privacy, Personal Data and Location Information
Cykaly processes personal data as described in the Cykaly Privacy Policy. Certain Services may require the processing of information such as account data, activity data, device information and location information in order to provide requested functionality.
You are responsible for ensuring that any personal data relating to another person that you provide through the Services is provided lawfully and with any permission required by applicable law.
Where permitted by applicable law and described in our Privacy Policy, Cykaly may retain information after Content or an account is deleted where reasonably necessary for backups, fraud prevention, safety, enforcement of these Terms, legal claims, regulatory compliance, or lawful judicial, governmental or law-enforcement requests.
4. Fees, Payments and Subscriptions
Certain Services or features may require payment of one-time or recurring fees. The applicable price, billing period and material payment terms will be presented before purchase.
If you provide payment information, you authorise Cykaly and its payment processors or applicable app stores to process charges associated with your purchase. Payment processing may also be subject to the terms and privacy practices of the relevant payment provider or app store.
Unless otherwise stated at checkout or required by applicable law, subscription fees are payable in advance and may automatically renew for the applicable billing period until cancelled. You may cancel through the method indicated in your account, the applicable app store, or other instructions provided by Cykaly.
Cancellation of a recurring subscription normally takes effect at the end of the current paid billing period unless applicable law or the purchase terms require otherwise. Fees, taxes and refund rights are subject to the terms presented at purchase and any mandatory rights under applicable law.
5. Free Trials and Promotional Offers
Cykaly may offer free trials or promotions on terms disclosed when the offer is made. Unless otherwise stated, a trial may convert automatically to a paid subscription at the end of the trial if a valid payment method is required and you have not cancelled beforehand.
Cykaly may determine eligibility for trials and promotions and may modify or withdraw them to the extent permitted by applicable law.
6. User Content: Ownership and Licence
“Content” means information, text, photographs, images, audio, video, messages, posts, listings, routes, activity data, tags and other materials that you upload, post, transmit or otherwise make available through the Services.
As between you and Cykaly, you retain ownership of the Content you create, subject to rights of third parties and these Terms.
You grant Cykaly a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, adapt, format, translate, publish, display, distribute and otherwise use your Content as reasonably necessary to operate, secure, improve and provide the Services and, where consistent with your privacy settings and applicable law, to promote the Services. This licence continues for as long as reasonably necessary for those purposes and may survive deletion to the limited extent necessary for backups, legal compliance, fraud prevention, enforcement or legal claims.
You are solely responsible for your Content. You represent and warrant that you have all rights and permissions necessary to make the Content available and to grant the licence above, and that your Content does not violate applicable law, these Terms, our policies, or the rights of any third party.
7. Content Moderation and Acceptable Use
You must comply with the Cykaly Acceptable Use Policy and any feature-specific rules. You must not use the Services for unlawful, fraudulent, misleading, abusive, harassing, threatening, defamatory, infringing, unsafe or otherwise prohibited activity.
Cykaly has no general obligation to pre-screen all Content. However, to the extent permitted by applicable law, we may review, restrict, hide, reject, remove or preserve Content; limit or disable functionality; issue warnings; suspend or terminate access to particular features; temporarily or permanently suspend, disable or terminate a user’s full Cykaly account; prevent the creation of replacement accounts; or take other appropriate enforcement action where we reasonably believe this is necessary to enforce these Terms, protect users, address fraud or safety concerns, comply with law, respond to credible complaints, or protect Cykaly or third parties.
Our decision to remove or retain Content, restrict functionality, or suspend, disable or terminate an account is a platform-enforcement decision and does not constitute a legal determination regarding ownership, truth, legality, liability or the merits of any private dispute.
8. Communications and Interactions Between Users
The Services may allow users to communicate, participate in clubs or activities, share routes or information, or otherwise interact. Cykaly provides the technological environment for these interactions and, unless expressly stated otherwise for a particular Service, is not a party to agreements or arrangements made between users.
Users are responsible for exercising reasonable judgment and caution when interacting with other users, sharing information, meeting in person or relying on user-provided Content.
Public Content may be visible to other users according to the applicable settings. Private or direct communications will be processed in accordance with the Privacy Policy; however, where permitted by law, Cykaly may review or preserve communications where reasonably necessary for safety, fraud prevention, abuse investigations, enforcement or legal compliance.
9. Cykaly Marketplace
This Section 9 forms part of these Terms and applies whenever a user accesses or uses the Market / Marketplace section of Cykaly. No separate Marketplace acceptance is required: by agreeing to these Terms, you also agree to this Section 9 whenever you use the Marketplace.
9.1 Definitions and Nature of the Marketplace
For this Section 9: “Marketplace” means the classifieds and communication functionality within Cykaly that allows eligible users to advertise cycling-related items and contact other users; “Listing” means any advertisement, description, photograph, price, specification or other information posted through the Marketplace about an item; “Seller” means a user who creates or publishes a Listing; “Buyer” means a user who contacts a Seller or otherwise seeks to purchase an advertised item; and “Transaction” means any proposed or completed purchase, sale, exchange or other arrangement relating to an item advertised through the Marketplace.
Cykaly provides the technological platform only. Cykaly is not a buyer, seller, reseller, dealer, broker, auctioneer, agent, representative, intermediary, escrow provider, payment provider, delivery provider, insurer, inspector, authenticator or guarantor in relation to any item or Transaction between users.
Cykaly does not own, possess, manufacture, supply, inspect, certify, test, store or deliver any item advertised through the Marketplace. Cykaly is not a party to any agreement entered into between users.
Any offer, negotiation, inspection, agreement, payment, deposit, collection, delivery, warranty, return, refund or other arrangement concerning an advertised item is made directly between the Buyer and Seller and outside Cykaly.
No provision of the Marketplace creates any agency, partnership, joint venture, fiduciary or other special relationship between Cykaly and any Buyer or Seller.
9.2 Marketplace Eligibility
A person may only create a Listing, contact a Seller for the purpose of purchasing an item or otherwise participate in a Marketplace Transaction if that person:
- is at least eighteen (18) years old;
- has full legal capacity to enter into the relevant Transaction;
- is legally entitled to buy, own, possess or sell the relevant item; and
- complies with these Terms, applicable Cykaly policies and all applicable laws and regulations.
Cykaly may request reasonable information or documentation to verify Marketplace eligibility. Access to non-Marketplace functionality within Cykaly may be subject to different age requirements.
9.3 Private Sellers and Commercial Activity
Unless expressly approved by Cykaly in writing or under separate Business Seller Terms, the Marketplace is intended for occasional private sales by users of cycling-related items owned by them.
Users must not use personal Marketplace accounts primarily to conduct dealership, professional resale, retail, distribution, consignment or other commercial selling activities.
Cykaly may determine, based on factors including Listing frequency, quantity, item type or other activity, that a user is acting commercially and may restrict, suspend or terminate Marketplace access or require that user to use a separately designated business service.
9.4 Seller Responsibility and Warranties
The Seller is solely and exclusively responsible for each Listing and for every item advertised through that Listing.
By creating or publishing a Listing, the Seller represents and warrants that:
- the Seller is the lawful owner of the item or has valid and documented authority from the lawful owner to sell it;
- the item is not stolen, lost, unlawfully obtained, subject to an ownership dispute, subject to an undisclosed lien or security interest, or otherwise unlawfully possessed;
- the Seller is legally entitled to advertise and sell the item;
- the item may lawfully be possessed, advertised, transferred and sold in the relevant jurisdiction;
- all photographs, descriptions, specifications, prices, statements and other information in the Listing are genuine, accurate, current, complete and not misleading;
- the Seller has disclosed all material defects, damage, alterations, repairs, safety issues or other facts known to the Seller that could reasonably affect the value, safety or purchasing decision of a Buyer;
- any serial number, frame number, model number, product identifier or proof of ownership supplied is genuine and has not been altered, removed, falsified or manipulated;
- the item is genuine and is not counterfeit or otherwise an infringement of another person’s intellectual-property rights;
- the item has not been recalled or identified as unsafe where its sale would be prohibited by applicable law;
- the Seller will not impersonate another person or falsely claim to represent any person, business, manufacturer, cycling shop or organisation;
- the Seller will comply with applicable tax, consumer-protection, product-safety, customs, import/export, licensing and other regulatory requirements; and
- the Seller will act honestly, lawfully and in good faith in all dealings with prospective Buyers.
The Seller remains responsible for the Listing even where Cykaly provides automated tools, suggested descriptions, categories, estimated values, artificial-intelligence functionality or other assistance in creating or displaying the Listing.
9.5 Proof of Ownership and Additional Information
Cykaly may, at any time, request information that it reasonably considers necessary in connection with a Listing or user, including, without limitation:
- proof of identity;
- proof of purchase;
- proof of ownership;
- bicycle frame or serial numbers;
- photographs or videos of the item;
- customs or import documentation;
- information concerning modifications;
- information concerning the Seller’s authority to sell; or
- any other information reasonably required for safety, fraud prevention, regulatory compliance or investigation.
Cykaly has no obligation to request such information for every Listing. Failure to provide requested information within the period specified by Cykaly may result in the Listing being refused, hidden or removed and/or the user’s Marketplace access or full Cykaly account being restricted, suspended, disabled or terminated.
Any review of information by Cykaly does not constitute certification or verification by Cykaly of the ownership, authenticity, legality, condition or safety of an item.
9.6 Buyer Responsibility and Due Diligence
A Buyer is solely responsible for evaluating a Listing, Seller and item and deciding whether to proceed with a Transaction.
Before purchasing an item, Buyers should independently verify, as appropriate:
- the Seller’s identity and ownership or authority to sell;
- purchase documentation and bicycle frame or serial numbers;
- authenticity, condition and safety;
- modifications, repairs, compatibility and suitability;
- applicable recalls and legality;
- price and payment arrangements; and
- collection or delivery arrangements.
The Buyer must not rely on the fact that a Listing appears on Cykaly as evidence that Cykaly has verified, approved or endorsed the Seller or item.
For used bicycles, components, helmets, batteries, chargers, electronic equipment and other safety-sensitive items, Buyers should carry out an appropriate physical inspection and, where appropriate, obtain inspection by a suitably qualified professional before use.
The Buyer assumes the risks inherent in acquiring used goods from another user, subject to any rights the Buyer may have directly against the Seller under applicable law.
9.7 No Verification, Endorsement or Guarantee
Cykaly does not represent, warrant or guarantee:
- the identity or trustworthiness of any user;
- that a Seller legally owns an advertised item;
- that a Buyer has the intention or financial ability to purchase an item;
- the accuracy of any Listing;
- the authenticity, condition, quality, safety or legality of any item;
- that an item is free from defects;
- the reasonableness or accuracy of a price;
- the success or completion of a Transaction;
- that payment will be made or received;
- that an item will be delivered or collected; or
- the conduct of any user before, during or after a Transaction.
Any identity, telephone, email, account or other verification performed by Cykaly confirms only that the particular verification step described by Cykaly was completed. A verification badge or status must not be interpreted as a guarantee by Cykaly of identity, ownership, honesty, creditworthiness, item authenticity, item safety or Transaction reliability.
9.8 Payments, Deposits, Delivery and Off-Platform Transactions
Unless Cykaly expressly launches and identifies a separate payment service governed by additional terms, Cykaly does not process, receive, hold, transfer or guarantee purchase payments or deposits between Marketplace users.
Users must make their own independent decisions regarding payment, collection and delivery. Cykaly does not provide escrow or buyer/seller protection for Marketplace Transactions unless a particular service is expressly described by Cykaly as providing such protection.
No user or third party is authorised to represent that Cykaly guarantees a Marketplace Transaction, holds funds on behalf of a Buyer or Seller, or requires payment of a deposit or purchase price to Cykaly.
Users must never provide banking passwords, card PINs, one-time passwords (OTPs), account access credentials or other security credentials to another user.
Communications and Transactions conducted through telephone, WhatsApp, messaging applications, third-party websites, payment platforms, courier companies or other external services are outside Cykaly’s control and are undertaken at the users’ own risk.
9.9 Fraudulent and Prohibited Conduct
Users must not use the Marketplace to engage in, facilitate or attempt:
- fraud or deception;
- sale or purchase of stolen goods;
- sale of counterfeit goods;
- false ownership claims;
- advance-fee or deposit scams;
- phishing;
- identity theft or impersonation;
- fake payment confirmations;
- fake escrow arrangements;
- fake courier or delivery services;
- manipulation or removal of serial or frame numbers;
- bait-and-switch advertising;
- deliberately misleading pricing;
- money laundering or unlawful movement of funds;
- harassment, threats or unsafe conduct;
- collection of user information for unlawful purposes;
- automated scraping or harvesting;
- spam;
- duplicate or misleading Listings;
- circumvention of Cykaly account restrictions, disablement, termination or moderation measures; or
- any other unlawful, misleading or abusive conduct.
Attempted misconduct is sufficient for Cykaly to exercise its enforcement rights even if no Transaction is completed and no user ultimately suffers a financial loss.
9.10 Prohibited and Restricted Listings
Cykaly may establish and update a Marketplace Listing Policy identifying categories of prohibited or restricted items.
Without limiting that Policy, Listings may not concern items that:
- are illegal;
- are stolen or reasonably suspected of being stolen;
- are counterfeit;
- infringe third-party rights;
- are unlawfully imported;
- cannot legally be sold;
- are subject to an applicable prohibition or mandatory recall;
- create an undisclosed material safety risk;
- have materially altered or falsified identifying numbers;
- fall outside Marketplace categories permitted by Cykaly; or
- otherwise violate these Terms, applicable Cykaly policies or applicable law.
Cykaly may prohibit additional categories even where possession or sale of such items would otherwise be lawful.
9.11 Marketplace Moderation and Removal
Cykaly has no general obligation to pre-screen, investigate, inspect, authenticate or continuously monitor every Listing or user.
However, Cykaly reserves the right, to the extent permitted by applicable law, to review or delay a Listing; reject, hide, restrict or remove a Listing; change a Listing’s category, placement or formatting without materially altering the Seller’s substantive representations; restrict communications; issue warnings; impose Marketplace limitations; suspend, disable or terminate Marketplace access; temporarily or permanently suspend, disable or terminate the user’s full Cykaly account; and prevent the creation of replacement accounts.
Cykaly may exercise these rights where it reasonably believes that a Listing, user or activity violates these Terms or a Cykaly policy; may violate law; may involve fraud, stolen property or infringement; creates a safety or security concern; is misleading; has generated credible complaints; attempts to circumvent previous enforcement; creates legal, regulatory, operational or reputational risk to Cykaly or its users; or is otherwise inappropriate for the Marketplace.
Cykaly may act without prior notice where Cykaly reasonably considers immediate action appropriate or where permitted by applicable law. Removal or non-removal of a Listing, or restriction or disablement of an account, does not constitute a determination by Cykaly regarding ownership, authenticity, legality or the merits of any dispute. Cykaly’s failure to take action in one case does not waive its right to take action in another case.
9.12 Investigations, Record Preservation and Cooperation
To the extent permitted by applicable law and in accordance with the Cykaly Privacy Policy, Cykaly may collect, review, preserve and process information reasonably necessary to investigate suspected fraud or misconduct; investigate violations; protect users or Cykaly; prevent circumvention; respond to complaints; establish, exercise or defend legal claims; comply with court orders or regulatory requirements; or cooperate with law-enforcement or competent authorities.
Such information may include Listings, deleted Listings, account records, reports, communications made through Cykaly, device or technical information and other relevant records. Deletion of a Listing or account does not require Cykaly to delete information that Cykaly is legally entitled or required to retain for these purposes.
Cykaly may disclose information to competent authorities or other persons where required or permitted by applicable law and in accordance with its Privacy Policy.
9.13 Reporting Illegal or Suspicious Listings
Users should report suspected fraud, stolen property, counterfeit items, intellectual-property infringement, illegal items, threats, harassment or other violations through the reporting functionality or contact mechanism designated by Cykaly.
Cykaly may investigate a report but is not required to determine ownership rights, adjudicate private disputes or establish criminal or civil liability. Cykaly may request supporting information from the reporting person or relevant user. Submitting knowingly false, malicious or abusive reports is prohibited.
9.14 Disputes Between Buyers and Sellers
Any dispute concerning ownership, item condition, authenticity, defects, description, price, payment, deposits, delivery, collection, warranties, refunds, representations or performance of a Transaction is principally a matter between the relevant Buyer and Seller.
Cykaly is not required to mediate, arbitrate, investigate or resolve private Transaction disputes between users. Cykaly’s decision regarding whether a Listing or account may remain on the platform is a platform-enforcement decision and does not constitute a determination of the legal rights or liabilities of the Buyer or Seller.
To the fullest extent permitted by applicable law, each user releases Cykaly from claims arising solely from the acts, omissions, representations, agreements or Transactions of other users. Nothing in this provision limits liability that cannot lawfully be excluded.
9.15 Marketplace Liability and Limitation
The Marketplace and Marketplace Listings are provided on an “as is” and “as available” basis to the fullest extent permitted by applicable law. Cykaly does not assume responsibility for representations, warranties, promises or obligations made by Buyers or Sellers.
To the fullest extent permitted by applicable law, Cykaly will not be liable for loss arising from inaccurate or misleading Listings; fraud committed by a user or third party; stolen, counterfeit, defective or unsafe items; unsuccessful Transactions; non-payment or fraudulent payment; lost deposits; failed collection or delivery; communications or meetings between users; acts or omissions of Buyers, Sellers, couriers, payment providers or other third parties; or reliance upon information supplied by another user.
This exclusion applies only to the extent that the relevant loss is attributable to the acts, omissions or Transactions of users or third parties and not to liability that applicable law requires Cykaly to bear.
To the fullest extent permitted by applicable law, Cykaly shall not be liable for indirect, incidental, consequential, special or loss-of-profit damages arising from use of the Marketplace.
Where applicable law permits Cykaly’s monetary liability to be limited, Cykaly’s aggregate liability arising from or relating to the Marketplace shall not exceed the greater of (a) the amount actually paid by the user to Cykaly for the specific Cykaly service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, or (b) AED 1,000.
Nothing in this Section 9 excludes or limits Cykaly’s liability to the extent that such liability cannot lawfully be excluded or limited, including where applicable liability resulting from Cykaly’s fraud or gross fault.
9.16 Marketplace User Indemnity
To the fullest extent permitted by applicable law, a Marketplace user agrees to indemnify and hold harmless Cykaly and its affiliates, directors, officers, employees, agents and representatives against third-party claims, liabilities, damages, losses, penalties and reasonable legal costs and expenses arising from or relating to:
- the user’s Listing or an item advertised, offered, sold or purchased by the user;
- a Transaction or attempted Transaction involving the user;
- false or misleading information, fraud or misconduct by the user;
- infringement of third-party rights;
- sale of stolen, counterfeit, illegal or unsafe goods;
- breach of applicable laws or regulatory requirements;
- taxes, duties or charges attributable to the user;
- a dispute between the user and another Marketplace user; or
- breach of these Terms or applicable Cykaly policies.
This indemnity survives deletion of a Listing, closure, disablement or termination of an account and termination of these Terms to the extent permitted by applicable law.
9.17 International Marketplace Use and Applicable Local Law
Cykaly operates from the United Arab Emirates. Users accessing or using the Marketplace from another country remain solely responsible for determining whether their Listing, item, proposed Transaction and conduct comply with all laws applicable to them, the item and the Transaction.
Users must comply with laws applicable where the user is located, where the item is located and where the Transaction takes place, together with applicable import/export, customs, product-safety, licensing and other mandatory regulatory requirements.
Availability of Cykaly or a Marketplace Listing in a particular country does not constitute a representation by Cykaly that the Listing, item or Transaction is lawful in that country. Cykaly is not responsible for providing legal advice to Buyers or Sellers concerning the legality of a proposed Transaction.
9.18 Future Marketplace Services
This Section 9 applies to the Marketplace as currently operated, where Cykaly provides Listing and communication functionality but does not complete Transactions between users.
If Cykaly introduces payment processing, escrow, shipping, delivery, guarantees, buyer protection, warranties, authentication, inspection or other Transaction-related services, those services may be subject to updated or supplemental terms communicated before use of the relevant service.
No such service shall be deemed provided by Cykaly unless Cykaly expressly identifies it as a Cykaly service.
10. Third-Party Services, Equipment and Links
The Services may integrate with or link to third-party websites, maps, devices, applications, payment providers, social networks, equipment or other products and services. Those third parties are independent from Cykaly unless expressly stated otherwise.
Cykaly is not responsible for third-party terms, privacy practices, availability, accuracy, security, products or services. Your use of third-party services may be subject to separate terms between you and the relevant third party.
If the Services require or are used with third-party equipment, including bicycles, sensors, GPS devices or other hardware, you are responsible for selecting, installing, maintaining and safely using that equipment.
11. Licence to Use the Services and Cykaly Intellectual Property
Subject to your compliance with these Terms, Cykaly grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for their intended purposes.
Except where applicable law expressly permits otherwise, you may not copy, modify, distribute, sell, sublicense, reverse engineer, decompile, disassemble, scrape, harvest, circumvent technical restrictions, interfere with security, or create derivative works from the Services or Cykaly proprietary materials without our prior written permission.
Cykaly names, logos, product names, designs and other brand elements are owned by or licensed to Cykaly. No trademark or other proprietary right is granted except the limited right to use the Services under these Terms.
12. Feedback
If you voluntarily provide suggestions, ideas or feedback about Cykaly or the Services, you grant Cykaly a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable right to use and exploit that feedback without compensation or restriction, provided this does not transfer ownership of your separate Content.
13. Service Availability, Changes and Suspension
Cykaly may add, remove, modify, suspend or discontinue features or portions of the Services for operational, legal, security, technical or business reasons. We do not guarantee that every Service or item of Content will always be available, uninterrupted, secure or error-free.
Where reasonable and required by applicable law, Cykaly will provide notice of material changes. We are not liable for changes, suspension or discontinuance except to the extent liability cannot lawfully be excluded.
14. Health, Fitness and Activity Disclaimer
Cykaly does not provide medical diagnosis or treatment. Content relating to cycling, fitness, training, performance, nutrition, routes or similar topics is provided for general informational purposes and is not a substitute for advice from an appropriately qualified healthcare professional.
Cycling and other athletic activities involve inherent risks, including property damage, collision, bodily injury and death. You are responsible for assessing your health, skill, equipment, route, traffic, weather and other conditions before participating in an activity.
Cykaly does not undertake to inspect, supervise or control races, rides, challenges, events, routes or activities organised by users or third parties unless expressly stated otherwise. In an emergency, contact the appropriate local emergency service.
15. Disclaimers
To the fullest extent permitted by applicable law, the Services and Content are provided on an “as is” and “as available” basis. Cykaly does not warrant that the Services will meet every requirement, be continuously available, be free of bugs or security vulnerabilities, or that user-provided or third-party Content will be accurate, complete or reliable.
Cykaly does not endorse user Content merely because it appears through the Services. Users remain responsible for their own Content, statements, conduct and arrangements with other users.
Nothing in these Terms excludes warranties, remedies or liabilities that applicable law does not permit to be excluded.
16. Limitation of Liability
To the fullest extent permitted by applicable law, Cykaly and its affiliates, officers, directors, employees, agents and licensors will not be liable for indirect, incidental, special, consequential or loss-of-profit damages arising out of or relating to use of, inability to use, or reliance on the Services or Content.
Where applicable law permits monetary liability to be limited, Cykaly’s aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount actually paid by you to Cykaly for the specific Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, or (b) AED 1,000.
The limitations in this section do not apply to liability that applicable law prohibits Cykaly from excluding or limiting, including where applicable liability resulting from Cykaly’s fraud or gross fault.
17. Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Cykaly and its affiliates, officers, directors, employees, agents, representatives and licensors from third-party claims, liabilities, losses, penalties, damages and reasonable legal costs arising out of or relating to your Content, your use or misuse of the Services, your violation of these Terms or applicable policies, your infringement of third-party rights, or your violation of applicable law.
For Marketplace activity, the more specific indemnity obligations in Section 9.16 also apply. Any indemnity applies only to the extent permitted by applicable law.
18. Investigations, Cooperation and Enforcement
To the extent permitted by applicable law and in accordance with our Privacy Policy, Cykaly may investigate suspected fraud, abuse, security incidents, unlawful activity or violations of these Terms. We may preserve relevant records and may cooperate with courts, regulators, law-enforcement authorities, rights holders or other competent authorities where required or permitted by law.
Cykaly may restrict or disable functionality; remove Content; suspend access to particular Services; temporarily or permanently suspend, disable or terminate a user’s full Cykaly account; prevent replacement accounts; or take other appropriate measures where we reasonably believe a user has breached these Terms, created legal or safety risk, engaged in fraud or abuse, failed to pay amounts due, circumvented enforcement, or where action is requested or required by a competent authority.
Where permitted by law, serious cases may result in immediate action without prior notice. Suspension, disablement or termination does not affect accrued rights, obligations or provisions that by their nature should survive, including intellectual-property provisions, disclaimers, limitations of liability, indemnities, record-preservation rights, governing law and dispute provisions.
19. Governing Law and Jurisdiction
These Terms, their subject matter and any non-contractual obligations arising out of or relating to them are governed by the applicable laws of the United Arab Emirates.
Subject to any mandatory jurisdiction or consumer-protection requirement under applicable law, disputes between you and Cykaly will be submitted to the competent courts of Dubai, United Arab Emirates.
Before commencing formal proceedings, the parties should use reasonable good-faith efforts to resolve the dispute directly, except where urgent relief or a legal deadline makes that impracticable.
20. International Access and Local Laws
The Services are controlled and operated from the United Arab Emirates. Cykaly does not represent that every Service or item of Content is lawful or appropriate in every country.
If you access or use the Services outside the United Arab Emirates, you do so on your own initiative and are responsible for complying with mandatory laws applicable in the country from which you access or use the Services, including any restrictions relating to Content, data, goods, services, import/export or other regulated activity.
21. General Legal Terms
No joint venture, partnership, employment, fiduciary or agency relationship is created between you and Cykaly merely because you use the Services.
These Terms, together with the Privacy Policy, Acceptable Use Policy and any feature-specific rules or policies incorporated by reference, constitute the agreement between you and Cykaly regarding the Services covered by them and supersede prior terms concerning the same subject matter.
If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure by Cykaly to enforce a provision is not a waiver.
You may not assign or transfer your account or obligations under these Terms without Cykaly’s prior written consent. Cykaly may assign or transfer its rights and obligations as part of a corporate reorganisation, transfer of business or other lawful arrangement.
Section headings are for convenience only. Words such as “including” mean “including without limitation”. Electronic notices and communications may satisfy writing requirements to the extent permitted by law.
22. Changes to These Terms and Contact
Cykaly may update these Terms from time to time to reflect changes to the Services, Marketplace, law, regulation, security requirements or business practices. Where a change is material, Cykaly will provide notice through the Services, email or another reasonable method as required by applicable law.
If you continue to use the Services after revised Terms become effective, you agree to the revised Terms. If you do not agree to a material change, you must stop using the affected Services and may close your account.
Questions, notices and reports relating to these Terms may be submitted through the contact or support functionality provided in the Cykaly application or through any contact details published by Cykaly for that purpose.
If you do not agree with these Terms, please stop using the Services and contact us by email at .