Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Smart Commute mobile application (the "App") provided by TopCycle (P.IVA 03786490122), with registered office in Italy ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

You must be at least 16 years old to use Smart Commute. By using the App, you represent that you meet this age requirement.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial purposes.

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the App or its content.
• Reverse-engineer, decompile, or disassemble the App or attempt to extract its source code.
• Use the App for any unlawful, fraudulent, or unauthorized purpose.
• Interfere with or disrupt the App's operation, servers, or networks.
• Attempt to gain unauthorized access to any part of the App or its related systems.
• Use automated means (bots, scrapers, etc.) to access or interact with the App.
• Transmit any viruses, malware, or other harmful code through the App.

You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately of any unauthorized use of your account.

You retain ownership of any content you submit through the App (e.g., commute preferences, saved routes). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing and improving the App's services.

The App and all its content, features, functionality, and underlying technology (including software, text, graphics, logos, icons, and design) are owned by TopCycle and are protected by international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trade names, trademarks, or branding.

The App may integrate with or contain links to third-party services (e.g., maps, transit data providers). These services are subject to their own terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

The App is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

Route suggestions, commute times, and other information provided by the App are estimates only and should not be relied upon as the sole basis for travel decisions. We are not responsible for delays, missed connections, or any consequences arising from reliance on information provided by the App.

To the maximum extent permitted by applicable law, TopCycle and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, goodwill, or other intangible losses, arising from your use of or inability to use the App.

Our total liability to you for all claims arising from or related to the App shall not exceed the amount you paid to us, if any, in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless TopCycle and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the App, your violation of these Terms, or your violation of any rights of a third party.

We may terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may stop using the App at any time by deleting it from your device and, if applicable, deleting your account.

Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App and updating the "Effective Date" above. Your continued use of the App after changes constitutes acceptance of the revised Terms.

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Italy.

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and TopCycle, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability, legal compliance, or intellectual property infringement.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you have questions about these Terms, please contact us:

• Email: info@topcycle.it
• Company: TopCycle — P.IVA 03786490122