General Terms and Conditions

Who are we?

We are Relive B.V. (Relive). Our address is Postbus 21719, 3001AS Rotterdam, the Netherlands. We are registered with the Chamber of Commerce (Kamer van Koophandel) under number 67325718.

What do we do?

We offer you access to our application and web application (together: the App) that enables you to relive your outdoor activities, explore new routes, meet people in communities and share your activities on our App.

What are you reading here?

These are our general terms and conditions (in short, the Terms). You can also find them on https://www.relive.cc (the Website).
When we refer to you in these Terms, we mean you as a user of our App.
In the Privacy Policy on our Website, we explain how we protect your Personal Data. Please take the time to read this carefully, as it includes important information about how we collect and use your data and why we do so.

Questions?

If you have any questions regarding these Terms, the Privacy Policy, or the App you can consult the Knowledge Base on our Website for more information.

SECTION 1 – INTRODUCTION

1. Applicability of these Terms

1.1. These Terms are always applicable to the use of our App. Any other terms and conditions are not applicable and hereby expressly rejected.

1.2. We reserve the right to change the Terms at all times. The latest version of the Terms will always apply. Arrangements that deviate from these Terms will only be applicable if they have been agreed on by us in writing.

1.3. The provisions under SECTION 2 – GENERAL TERMS apply to all users of our App.

1.4. We provide a large part of our App free of charge. If you want to use all functionalities of our App you can get a Relive Plus account (as meant in Article 15.1). The provisions under SECTION 3 – TERMS FOR RELIVE PLUS USERS only apply to you if you have a Relive Plus account.

SECTION 2 – GENERAL TERMS

2. App Account

2.1. If you want to use the App, you need to register and create a personal account. To create a personal account, you can choose to use your Apple-, or Google account credentials which will be used to create your Relive account. You can also sign up with your email address.

2.2. You are responsible for choosing the correct means of identification, such as your email address and for choosing a strong password.

2.3. You need to keep your account details and password confidential. You are responsible for all activities on your account after it has been logged in with your account details and password, unless you have reported that your account has been compromised as soon as becoming aware of it.

2.4. You can delete your account in your account settings. If you delete your account, this will not constitute a termination or suspension of any payment obligation to Relive you might have for your Relive Plus account.

3. Use of the App

3.1. With our App you can track, explore and share outdoor activities.

3.2. In order to use our App, you must have a proper GPS and internet connection.

3.3. You can track and convert your activities in a personal video (Personal Video). You can also add text, photos and videos to your Personal Video.

3.4. Please be aware that your Personal Video can be viewed by all users of our App if you set your profile settings to Everyone (see more information about this in Article 6.2).

3.5. You can find various cycling, hiking and other sport routes on our App (Routes). These Routes are based on anonymous data from our users or are made and uploaded by our users themselves.

3.6. Relive does not check whether a Route actually exists, is correct or is a safe route. Following a Route is therefore at your own risk. Always use common sense when following a Route and observe the traffic and safety regulations.

3.7. You are not allowed to extract Routes from the App and then sell them to third parties or in any other way commercialise the Routes.

3.8. On our App you can find communities to meet fellow outdoor sport enthusiasts, follow their activities and share your content with them (Communities). You can join a Community or start one yourself. Relive is not responsible for the content of a Community.

3.9. Please be respectful within a Community and our App. Be polite to other users and play fair.

3.10. If you make a Community in our App, you are responsible for ensuring that your Community:

(a) is in compliance with these Terms and all applicable laws and regulations;

(b) does not claim or suggest to be affiliated with Relive;

(c) does not infringe any intellectual property rights;

(d) is not used solely for advertisements.

3.11. You can try to achieve challenges made by other users or you can make your own challenges in our App (Challenges). A Challenge can be for example: run 10 km this week.

3.12. We are not responsible for your health. You are aware that your sport activities carry certain risks of damage to property or injuries. Carrying out sporting activities using our App is entirely at your own risk. Therefore, please be careful:

(a) any health statistics that might be displayed are purely indicative. If you do not know if a sport is suitable for you or if you have questions about your health(statistics), please consult your doctor or physiotherapist;

(b) do not make pictures or videos at dangerous spots or create dangerous Routes;

(c) do not create Challenges that are impossible, (obviously) dangerous or challenge other users to unsafe actions.

(d) Only try to achieve a Challenge that you are physically capable of. If you do not know if you should try a Challenge, you should consult your doctor or physiotherapist.

4. User Content

4.1. We have created the content of our App with utmost care. However, a lot of content on the App originates from our users. All Personal Videos, Routes, Communities, Challenges and other content you upload to our App will be referred to as User Content.

4.2. You guarantee that any User Content you upload on the App is:

(a) not offensive, harmful, discriminative, unfriendly or illegal in any way;

(b) not containing any incorrect, misleading or persuasive information;

(c) in compliance with these Terms and all applicable laws and regulations;

(d) not violating any intellectual property rights;

(e) not containing commercial messages (i.e. it is not permitted to place advertisements);

(f) not for any purpose the App is clearly not intended.

4.3. The users are solely responsible for the accuracy and completeness of their User Content. We are not responsible for User Content and any communications between you and other users.

4.4. If you become aware of any illegal or harmful content, you can inform us by flagging the User Content in the App.

4.5. We have no obligations to store, back-up, retrieve or return any of your User Content.

4.6. The users are solely responsible for the accuracy and completeness of their User Content. We are not responsible for User Content and any communications between you and other users.

5. Restrictions of use of the App

We reserve the right to terminate your Subscription (as meant in Article 15.1) and/or blocking/deleting your account without being obliged to refund any amounts already collected or pay any damages, if there is, in our discretion, a valid reason to do so. This applies in any case, but not exclusively, if you:

(a) violate these Terms (especially, but not limited to, Article 4.2) and/or applicable laws and regulations;

(b) attempt, or allow to attempt, to de-compile, reverse compile, disassemble, reverse engineer, try to obtain the source code, use viruses, Trojan horses, worms, bots, or otherwise use software or technical tools that can damage the App;

(c) fail to meet your payment obligations under the Subscription;

(d) misuse the App in any other way.

6. Privacy and confidentiality

6.1. We protect your Personal Data in accordance with the European General Data Protection Regulation. For more information, please read our Privacy Policy on our Website.

6.2. When you make an account you can choose in your settings between Everyone and Followers. If you set your account to Everyone, your profile and User Content will be visible to everyone using our App and on the web. If you set your account to Followers, your profile and User Content will only be visible to your approved followers. You can change this at any time in the privacy settings.

6.3. An activity can be Public or Private. Your activities are in default set to Public, whether you set your account to Everyone or Followers. Public means that your activities can be found in the App in various places, depending on your profile settings. You can also set your activities to Private: your activities will not be used for any purpose.

6.4. You can install a privacy zone via settings if you want to hide specific locations, whether you set your account to Everyone or Followers. This privacy zone ensures that other users and your followers cannot see the GPS data in your privacy zone, so they cannot exactly see where you live or stay. The GPS data is stored in our App and it still counts for your statistics and Challenges.

6.5. You can connect your account with third parties offering GPS tracking services (Trackers). By connecting your account with a Tracker, you give Relive permission to transfer and use the data from the Trackers for the purposes of making a Personal Video or Route. After you connect your account for the first time, the data from the Tracker will be imported automatically to the App. If you opt-out and disconnect Relive from a Tracker, we will delete the imported data in accordance with the retention periods mentioned in our Privacy Policy.

6.6. Relive offers high quality service and therefore cooperates with high quality Trackers only. Relive reserves the right to change the connectivity to Trackers or remove the possibility to connect to a Tracker, at any time for any reason.

6.7. Unless there is a legal or statutory obligation to disclose, we will keep all information about you confidential.

7. Intellectual property

7.1. We (or our licensors or suppliers) are the exclusive owners of all existing and future intellectual property, such as copyrights, trademarks, design rights, patents, source codes and know-how, which rest on our App are the fruits of the use of our App, excluding User Content.

7.2. By sharing User Content on our App, you grant us a non-exclusive license to use any data or information included in your User Content. This license is free of charge, irrevocable, worldwide, without limitation, sub-licensable and transferable and thereby offers no limitation of use by us whatsoever. It is explicitly allowed to use any User Content for the benefit of our services in the broadest sense. We hereby accept such license in advance.

7.3. By using the App and uploading User Content, you declare (i) to be the sole and exclusive proprietor of the User Content, or (ii) to have obtained all necessary licenses, consents, permissions or waivers to upload the User Content. You shall indemnify and hold Relive harmless from and against any claim, suit, action or proceeding (Infringement Claim) from a third party regarding your User Content, which may arise as a result from any violation of this article. Your indemnification obligation extends to all costs, expenses and damages (including attorney fee’s and court costs) incurred by Relive due to an Infringement Claim.

7.4. Relive gives you a personal, non-exclusive and non-transferable license to use the Website and the App and to share your User Content and account profile. You are not allowed to sell, sub-license, distribute or access in any other way (i.e. via screen-scraping or URL-guessing) the content of the Website, the App or the Personal Video.

8. Availability and maintenance of the App

8.1. We will do our best to keep the App up and running 24 hours a day, 7 days a week. We are responsible for the availability and maintenance of the App. However, we do not guarantee that the App will always work uninterrupted.

8.2. During maintenance, the App can be (partly) unavailable.

8.3. We have the right to change the App. This includes, but is not limited to, changing, removing or adding certain features or functionalities of the App.

8.4. We do not guarantee that our App is completely free of errors. Please inform us immediately of any errors, bugs or malfunctioning of the App. You can reach out to us via the Knowledge Base. We will then do our utmost to resolve your problem as soon as possible.

9. Force Majeure

In the event of force majeure, we may suspend our obligations with respect to the App. If this period exceeds 2 uninterrupted months or when it has become clear that the period will take longer than 2 months, Relive may terminate its services without being liable to pay any compensation to you.

10. Liability and indemnification

10.1. All actions you take on the basis of our Website or the App are for your own account and risk. We are not liable for any damage or other adverse consequences resulting from the use or inaccessibility of (information on) our Website or the App.

10.2. Relive is not liable to you for any injury or damages resulting from behavior of you related to tracked activities or activities based on Routes, Challenges or our App in any other way.

10.3. Relive is also not liable for the fulfilment of agreements with third parties or Trackers or the inaccessibility of the Trackers.

10.4. Relive has no influence on the data transmitted by the Trackers to the App. Relive is not responsible for the transmission of information. Relive is therefore also not responsible nor liable for any information that is incomplete or inaccurate as a result of such transmission or that is transmitted wrongly.

10.5. We are not liable for any damages in case of force majeure as set out in Article 9.

10.6. We are only liable for direct damages that are unequivocally caused by an attributable shortcoming from our side. We are not liable for indirect damages or missed income.

10.7. Our maximum liability is under all circumstances limited to your yearly Subscription fee or 12x your monthly Subscription fee. If you do not have a Subscription our maximum liability is EUR 300.

10.8. The limitation period of all claims and defenses against us is 1 year after you became or should have become aware of the damages.

10.9. The limitations set out in this Article do not apply if damage is the result of an intentional act or gross negligence from our side.

10.10. You will indemnify and keep us indemnified for all claims by third parties as, but not limited to an intellectual property rights infringement, fines, costs, damages, etc. relating to your use of our App or Services.

10.11. If you have made a Community you agree to indemnify Relive against any claims arising from your Community including, but not limited to, claims of intellectual property infringement.

11. Third parties

We have the right to employ third parties to partially perform our duties, if we are of the opinion that this is necessary for the due exercise of our App or Services. Sections 7:404 of the Dutch Civil Code (DCC) (performance of service by a specific person), 7:407 paragraph 2 DCC (joint liability) and 7:409 DCC (death of a particularly assigned service provider) are not applicable.

12. Miscellaneous

12.1. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision will be replaced by a provision that is considered to be valid and enforceable and which' interpretation will be as close as possible to the intent of the invalid provision.

12.2. You are not allowed to assign or transfer any rights and obligations on account of our App, Services or these Terms without prior written approval of us.

13. Complaints, comments and suggestions

Relive strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us via the Knowledge Base.

14. Applicable law

14.1. Dutch law exclusively applies to these Terms.

14.2. The Court of The Hague, the Netherlands has jurisdiction to hear all disputes or claims ensuing from these Terms. You may, within one month after Relive has invoked the jurisdiction of this court, choose the court that is competent by law.

14.3. You can also use the ODR (Online Dispute Resolution) application. This application offers a simple, effective, quick and inexpensive out-of-court solution to disputes arising from online transactions. For more information see: http://ec.europa.eu/odr.

SECTION 3 – TERMS FOR RELIVE PLUS USERS

15. Subscriptions and cancellation

15.1. You can upgrade your account to Relive Plus to use extra functionalities of our App (Relive Plus). In order to upgrade to Relive Plus, you must enter into an agreement with us (Subscription). We offer different Subscriptions. You can find more information about this in our App or on our Website.

15.2. The term of the Subscription (Subscription Period) will be agreed during the application procedure. The Subscription will commence on the date you sign up for your Subscription or a free trial (Start Date).

15.3. You may cancel your Subscription within 14 days of the Start Date provided that you have not logged in or otherwise used the App. In that case, we will refund any payment you have made.

15.4. We may give you a free trial to start your Subscription. The duration of the free trial will be communicated to you when you sign-up. Free trials may not be combined with any other offers. We begin billing your Subscription fees at the end of the free trial, unless you have cancelled your account before the end of the free trial. Cancellation can be done in your account settings on the App.

15.5. At the end of your Subscription Period, the Subscription will be automatically renewed for the duration of your initial Subscription Period. After renewal, you can terminate the Subscription at any time. The cancellation of your Subscription will go into effect at the end of your current billing cycle.

15.6. You can cancel your Subscription before the end of the Subscription Period. In case of timely cancellation, your Subscription will not be automatically renewed. Cancellation can be done in your account settings on the App.

15.7. If you bought your Subscription via iTunes or Google PlayStore, your Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by you and auto-renewal may be turned off by going to your iTunes or Google PlayStore account settings after purchase.

16. Prices

16.1. The communicated prices by Relive are in local currency, depending on your country of residence.

16.2. The price for your chosen Subscription, along with any required taxes if applicable, will be stated during the registration process. These prices will be honoured.

16.3. Listed prices and rates of our Subscriptions may change from time to time. No rights can be derived from historic prices.

16.4. If you already have a Subscription with us, price changes will not be implemented during the Subscription Period. You will continue to pay the initially agreed price during the Subscription Period. When (automatically) renewing your Subscription, the price change will take effect.

17. Payment and collection charges

17.1. You must provide us with a valid means of payment for your Relive Plus account. We will debit the amount for the use of the Subscription to your means of payment on a monthly

basis (unless otherwise agreed during the registration process) around the day on which your Subscription commenced.

17.2. If a payment is due but not paid, you are in default, and we are entitled to charge statutory (commercial) interest. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid by you in full.

17.3. If you are in default, we have the right to cancel your Subscription and access to Relive Plus. You can still use your free account.

17.4. If you are in default, we have the right to charge any extrajudicial costs. The collection fees are calculated on the basis of the invoice amount, with a minimum of EUR 40 ex. VAT.