TERMS AND CONDITIONS OF USE

TheMechanic.bike

Last Updated: 2025/09/12

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and TheMechanic.bike ("we", "us", "our", "the Company"), a service operated from France, concerning your access to and use of the themechanic.bike website and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. DESCRIPTION OF SERVICE

TheMechanic.bike is a Software as a Service (SaaS) platform that enables users to:

  • Track bicycle component wear and maintenance schedules
  • Log maintenance activities and service history
  • Sync cycling activities from third-party platforms (Strava, Intervals.icu)
  • Receive maintenance reminders and notifications
  • Manage multiple bicycles and their components

3. USER REGISTRATION AND ACCOUNTS

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities occurring under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Age Requirements

You must be at least 15 years of age to use this Service in accordance with French data protection law. Users subscribing to paid plans must be at least 18 years old or have parental authorization to make payments. By using the Service, you represent and warrant that you meet these age requirements.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

4. USER OBLIGATIONS AND CONDUCT

You agree not to:

  • Use the Service for any unlawful purpose or in violation of these Terms
  • Impersonate any person or entity or falsely state your affiliation with any person or entity
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service
  • Use any automated system, including robots, spiders, or scrapers, to access the Service
  • Upload viruses or other malicious code
  • Collect or store personal data about other users without their consent
  • Use the Service to send spam or unsolicited messages
  • Reverse engineer, decompile, or disassemble any aspect of the Service

5. SUBSCRIPTION AND PAYMENT TERMS

5.1 Subscription Plans

The Service may be provided through various subscription plans, including free and paid tiers. Features and limitations vary by plan as described on our website.

5.2 Payment

  • All prices are listed in Euros (EUR) unless otherwise specified
  • Prices are inclusive of applicable VAT for EU customers
  • Payment is due in advance on a monthly or annual basis
  • We accept payment methods as specified on the website

5.3 Renewal and Cancellation

  • Subscriptions automatically renew unless cancelled before the renewal date
  • You may cancel your subscription at any time through your account settings
  • No refunds are provided for partial subscription periods
  • Upon cancellation, access continues until the end of the current billing period

5.4 Price Changes

We reserve the right to modify prices with 30 days' notice. Continued use after price changes constitutes acceptance of new pricing.

6. THIRD-PARTY INTEGRATIONS

6.1 Connected Services

The Service integrates with third-party platforms (e.g., Strava, Intervals.icu). Use of these integrations is subject to:

  • The terms and conditions of the respective third-party services
  • Your authorization for us to access your data from these services
  • Our limited liability for third-party service disruptions or changes

6.2 Data Synchronization

We are not responsible for:

  • Accuracy or completeness of data from third-party sources
  • Interruptions in third-party service availability
  • Changes to third-party APIs that affect integration functionality

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Service Content

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of TheMechanic.bike or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

7.2 User Content

  • You retain full ownership of all content you submit to the Service (including bike data, maintenance records, and activity information)
  • You grant us a limited, non-exclusive, royalty-free license to use your content solely for:
    • Providing the Service to you (displaying your data in your account)
    • Creating backups and ensuring service reliability
    • Generating anonymized, aggregated statistics that do not identify you
    • Improving Service functionality based on usage patterns
  • We will never publicly display your personal data or share it with other users
  • This license ends when you delete your content or account, except where retention is required by law

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

8. PRIVACY AND DATA PROTECTION

8.1 Data Processing

Your use of the Service is also governed by our Privacy Policy, which complies with the General Data Protection Regulation (GDPR) and French data protection laws.

8.2 Data Controller

As a French company, we act as the data controller for personal data processed through the Service in accordance with applicable EU data protection legislation.

8.3 User Rights

You have the right to:

  • Access your personal data
  • Rectify inaccurate data
  • Request erasure of your data
  • Object to data processing
  • Data portability
  • Lodge a complaint with the French supervisory authority (CNIL)

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee:

  • Uninterrupted or error-free service
  • Accuracy or reliability of information
  • That defects will be corrected
  • That the Service is free of viruses or harmful components

9.2 Maintenance Recommendations

The Service provides maintenance suggestions based on usage data. These are recommendations only and should not replace professional mechanical advice or manufacturer guidelines.

9.3 Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim
  • We shall not be liable for indirect, incidental, special, consequential, or punitive damages
  • We are not liable for any loss of data, profits, or business opportunities

9.4 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TheMechanic.bike, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content submitted to the Service

11. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on the website
  • Sending notice to your registered email address
  • Displaying a notice within the Service

Continued use of the Service after changes constitutes acceptance of the modified Terms.

12. TERMINATION

12.1 By You

You may terminate your account at any time through account settings or by contacting support.

12.2 By Us

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Non-payment of fees

12.3 Effects of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your account and associated data after a reasonable period
  • You remain liable for any outstanding payments
  • Provisions that by their nature should survive termination shall remain in effect

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Applicable Law

These Terms are governed by the laws of France and the European Union, without regard to conflict of law provisions.

13.2 Informal Resolution

We prefer to resolve issues directly with our users. Before filing any formal dispute:

  • Contact our support team at vincent@themechanic.bike
  • We'll respond within 5 business days
  • Most issues can be resolved through direct communication

13.3 Mediation

If informal resolution fails, parties agree to attempt mediation:

  • Mediation will follow French mediation procedures
  • Costs will be shared equally between parties
  • Mediation must be attempted before court proceedings

13.4 Online Dispute Resolution (EU)

EU residents may use the European Commission's Online Dispute Resolution platform:

13.5 Small Claims

For qualifying amounts, you may use your local small claims court procedures as an alternative to the processes above.

13.6 Court Jurisdiction

If all other resolution methods fail:

  • Exclusive jurisdiction: Courts of Quimper, France
  • Exception: EU consumers may bring proceedings in their country of residence under EU consumer protection laws

13.7 Class Action Waiver

To the extent permitted by applicable law, all disputes must be brought individually. You waive any right to class action or collective proceedings.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and TheMechanic.bike regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force.

14.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Language

These Terms are drafted in English. In case of discrepancy between translated versions, the English version shall prevail.

15. CONTACT INFORMATION

For questions about these Terms, please contact us at:

TheMechanic.bike

K-Interactive EURL

14 rue Youenn Drezen

29000 Quimper

France

Email: vincent@themechanic.bike

Company Registration: 791 418 569 R.C.S. Quimper

VAT Number: FR08791418569

16. CONSUMER RIGHTS (EU SPECIFIC)

16.1 14-Day Money-Back Guarantee

In accordance with EU Consumer Rights Directive 2011/83/EU:

  • You have 14 days from the start of your paid subscription to request a full refund for any reason
  • To request a refund, contact us via email or through your account settings
  • Refunds will be processed using the same payment method within 14 days of your request
  • You will have immediate access to all features upon subscription

16.2 Legal Guarantee

Nothing in these Terms affects your statutory rights as a consumer under French and EU law.

By using TheMechanic.bike, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Version: 1.0

Effective Date: 2025/09/12