END USER LICENSE AGREEMENTLast updated
August 1, 2020The Breakaway
is licensed to You (End-User) by Breakaway Industries, Ltd
, located at 11033 Parkland Drive, Truckee, CA 96161 (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. The Breakaway
, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service
. The Breakaway
acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.1. THE APPLICATIONThe Breakaway
(hereinafter: Application) is a piece of software created to empower cyclists to get the most out of their rides outside, or on Peloton - and customized for Apple mobile devices. It is used to sync, analyze and present data to encourage and motivate members of The Breakaway.2. SCOPE OF LICENSE3. TECHNICAL REQUIREMENTS4. NO MAINTENANCE OR SUPPORT
4.1 The Breakaway
is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 The Breakaway
and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.5. LIABILITY
6.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
6.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of The Breakaway's sphere of influence that affect the executability of the Application.
6.3 You are required to inspect the Application immediately after installing it and notify The Breakaway about issues discovered without delay by e-mail provided in Product Claims
. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 10 days after discovery.
6.4 If we confirm that the Application is defective, The Breakaway reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
6.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
6.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.