The app licence.

01This agreement

This End User Licence Agreement (“EULA”) is between you and District 16 (the club), the licensor of the D16 app for iPhone and Android (“the app”). It sets out how you may use the app. It sits alongside the Terms and Conditions, the Community rules and the Privacy notice; if this EULA and the Terms disagree about the app licence, this EULA wins.

You accept this EULA when you tick the boxes on the “Before you ride” screen. If you don't accept it, don't use the app.

02Apple and Google aren't responsible

This EULA is concluded between you and the club only, not with Apple Inc. or Google LLC. The club, not Apple or Google, is solely responsible for the app and its content.

Your use of the app must also follow the terms of the store you got it from: Apple's Media Services Terms and Conditions (including the App Store Usage Rules) or the Google Play Terms of Service. Nothing in this EULA allows use that conflicts with them, and where they set a rule this EULA can't override, that rule applies.

03Your licence

The club grants you a personal, non-exclusive, non-transferable, revocable licence to use the app, for your own non-commercial use as a D16 member:

• on iPhone or iPad: on any Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the app may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing;
• on Android: on devices you own or control, as permitted by the Google Play Terms of Service.

You need a D16 account to use the app, which means you must be 18 or over and invited by the club. The app is licensed, not sold: the club keeps all rights not expressly granted to you.

04What you can't do

• Copy, modify, rent, lend, sell, sublicense or distribute the app, or make it available over a network for others to use.
• Reverse engineer, decompile or disassemble it, except where the law (for example the Copyright, Designs and Patents Act 1988) lets you do so to make it work with other software.
• Get round its security, permissions or the club's role-based access, or use it to access other members' data.
• Use automated tools to scrape, overload or interfere with the app or the club's servers.
• Use it in any way that breaks the law, the Terms or the Community rules, including using your phone while riding.

05Permissions the app asks for

The app only asks for what a feature needs, when you first use that feature. You can change any of these in your phone's settings.

• Location, including in the background, to record rides, run crash detection with the phone locked in its mount and, if you choose, share your position with the crew. Live sharing is off until you switch it on.
• Motion sensors for crash detection and lean angle.
• Microphone and Bluetooth for crew voice comms through your helmet intercom. Live audio is relayed, not recorded.
• Camera and photos when you choose to add a bike or ride photo.
• Notifications for rides, events, chat and emergency alerts.
• Face ID, Touch ID or fingerprint for app lock. Your phone checks this itself; the club never receives biometric data.

Using the app uses mobile data, including for voice comms. Make sure it doesn't break your mobile plan's terms: you're responsible for complying with any third-party agreement (such as your network provider's) when you use the app.

06Safety features are aids

Crash detection, SOS, Home Safe, live location and the Medical ID are aids, not guarantees. They depend on your phone, battery, sensors, signal and permissions, and on push and SMS services, and they can fail. The app is not a certified safety or medical device and never calls the emergency services for you. In an emergency, call 999 or 112. Set up routes before you ride and never handle your phone while riding.

07Updates

We may release updates to fix problems, improve features or keep the app secure. Some updates may be needed to keep using the app or to stay connected to the club's servers. We may also change or remove features as the club changes. Your data is handled as the Privacy notice explains.

08Maintenance and support

The club is solely responsible for providing any maintenance and support for the app, as set out in this EULA or as required by law. Apple and Google have no obligation whatsoever to provide any maintenance or support services for the app. For help, email hello@district16.club; the club is run by volunteers, so we'll reply as soon as we reasonably can.

09Warranty

The app is made available “as is”. The club is solely responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. Nothing in this EULA affects your legal rights as a consumer: digital content must be as described, fit for purpose and of satisfactory quality where the law says so.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the club's sole responsibility. The same applies to Google for copies of the app from Google Play.

10Product claims

The club, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including:

1. product liability claims;
2. any claim that the app fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy or similar legislation.

The club's liability to you is limited as described in the Terms, but only as far as the law allows: this EULA doesn't limit liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law.

11Intellectual property claims

If anyone claims that the app, or your possession and use of it, infringes their intellectual property rights, the club, not Apple or Google, is solely responsible for the investigation, defence, settlement and discharge of that claim. The D16 name, logo and the app belong to the club or its licensors. Open-source components are used under their own licences, which we can provide on request.

12Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also confirm that you aren't subject to UK sanctions that would prevent the club providing the app to you.

13Ending this licence

You can stop using the app and delete it at any time; to remove your data too, delete your account first (how to delete your account). This licence ends automatically if your membership ends or you break this EULA. When it ends, you must stop using the app and delete it from your devices.

14Who to contact

Questions, complaints or claims about the app go to the club, not Apple or Google:

• District 16 (the club), [Club legal entity / address]
• Email: hello@district16.club
• Phone: [Club phone number]

15Third-party beneficiaries

Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. When you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary. Otherwise, nobody but you and the club has rights under it under the Contracts (Rights of Third Parties) Act 1999.

16Governing law

This EULA is governed by the law of England and Wales, and the courts of England and Wales can hear any dispute. If you live in Scotland or Northern Ireland, you can also bring a claim in your local courts. If any part of this EULA can't be enforced, the rest still applies.