updated 21st feb 2025
These Terms of Use (the “Terms”) form a legally binding contract that regulates the relationship between CYKEL Technologies Inc., a company incorporated under the laws of British Columbia (“We,” “Us,” or the possessive “Our” as applicable) and users of our website accessible at www.cykel.io (the “Website”), our associated mobile app (the “App”), and our other products including our Cykel Hub device (“Products”) and associated services (the “Services”). Collectively, our Website, App, Products and Services are referenced herein as the “Platform”.
By accessing the Website or App or using our Products or Services, You represent and warrant that You have read, comprehend, and agree to be bound by the Terms. Our privacy policy (the “Privacy Policy”) which can be viewed at
These Terms may be periodically amended by Us. We will provide notice of such changes by displaying them clearly on the Platform and providing you at least seven (7) calendar days prior notice. By continuing to use the Platform after such amendments to the Terms take effect, You agree to abide by the Terms as amended. If You do not agree to be governed by the amended Terms, You must immediately terminate all use of the Platform.
In order to be able to use the Platform you must have a valid account in good standing (an “Account”). In order to create and maintain in good standing an Account you must provide us with accurate copies of any information requested by Us on account creation, as well as any additional information that may be requested by Us from time to time. You must also abide by these Terms and all applicable laws in your use of the Platform. You agree and acknowledge that any information provided to Us when creating an Account, or that may be subsequently provided by You shall be accurate and free of misrepresentations. You agree and acknowledge that we shall not be liable to you in any manner for any damages suffered by you as a result of your failure to upload accurate information to the Platform. Accounts may not be shared or transferred, and only a single individual or Subscribing Organization may be associated with an Account. You are responsible for keeping your account secure, and not granting any third-party access to the same, including keeping your login credentials and password secure. We will not be liable in any manner to you for any unauthorized use of your Account. We may suspend access to or terminate access to your Account at any time, for any reason in our sole discretion, including but not limited to in the event that we determine you have breached your obligations under these Terms or You have engaged in any activity that violates the security or privacy procedures of our Platform.
By using accessing the Platform, You agree: (a) not to re-publish, modify, copy or otherwise infringe the intellectual property rights connected with any resources provided on the Platform; (b) that the Platform will be used by You only in accordance with all Canadian and foreign, federal, state and local statutes, orders and regulations (“Applicable Laws”), and under no circumstances will the Platform be used in a manner, or for any purpose that breaches Applicable Laws, or that may expose Us to civil or criminal liability; (c) not to submit any false or misleading information on the Platform; (d) not to hinder or attempt to interfere with the standard running of the Platform or any activities operated on the Platform. This includes taking any action that inflicts, or may inflict an disproportionate or unreasonably substantial load on the infrastructure of the Platform as determined by Us in our discretion; (e) not to gather or accumulate any information or data concerning the Platform or use any robot, scraper, spider or other automated means to access the Platform for any reason without our express written permission; (f) not to divulge any information regarding the Platform to third parties; (g) not to reverse engineer, decompile, disassemble or otherwise attempt to determine the source code of the Platform or use the Platform for competitive analysis or benchmarking purposes; (h) not to take any action that may damage, harm, or diminish in any way, Our reputation or Our public image; (i) not to use Platform for any conduct that could be interpreted as unlawful, abusive, threatening, stalking, tortuous, harmful, libelous, vulgar, defamatory, hateful, hostile, offensive, racially, obscene, ethnically or otherwise unacceptable or objectionable, including engaging in such conduct towards other users of the Platform; (j) not to upload any material to the Platform designed to interrupt or interfere with the Platform inclusive of, but not limited to viruses, spyware, worms, and malware; (k) not to infect the Platform with a virus or other computer code, files or programs designed to disturb, damage, destroy or limit the functionality of any computer hardware or software.
By uploading material to the Platform (a “Submission”) you hereby grant Us and our partners a worldwide, non-exclusive, sub-licensable, fully-paid, royalty-free license to use, modify, publicly perform, publicly display and distribute such Submissions in any manner as determined by Us. You also represent and warrant that you are the owner of all intellectual property rights in such Submission or have a license granting You the right to grant the rights set out herein, and that uploading or publishing such Submission shall not infringe on the intellectual property rights of any third party.
The Platform may include links to third party websites, services, products, or content (“Third-Party Materials”). We do not own, regulate or license any such Third-Party Materials and We make no endorsements, representations, guarantees, or warranties with respect to any Third-Party Materials. If You click-through on any link posted on the Platform, You do so at Your own risk and acknowledge that We (including, but not limited to, our owners, directors, officers, senior managers, agents, and employees) shall not be liable in any manner for any harm (including emotional harm), injury, cost, damage, or loss You may undergo as a result of doing so.
The Platform and materials provided on the Platform, save for any user-submitted material, are Our intellectual property and We reserve all right to the same. Nothing in these Terms shall act as a license or assignment to such materials unless expressly specified by us. You may not copy, modify, create derivative works based upon, publicly display or otherwise commercially exploit the Platform or materials in any manner without our express written permission.
YOUR USE OF THE PLATFORM, INCLUDING THE APP, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, INCLUDING THE APP, PRODUCTS AND SERVICES, ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE PLATFORM, WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT THE PLATFORM WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (C) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE PLATFORM INCLUDING INFORMATION PROVIDED TO YOUR OPERATION OF YOUR EBIKE THROUGH OUR PLATFORM; (D) THAT YOUR USE OF THE PLATFORM, INCLUDING THE APP, PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; OR (E) THAT TRANSMISSIONS THROUGH THE PLATFORM OF YOUR DATA WILL BE SECURE OR FREE FROM SPYWARE OR MALWARE.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, BY ACCESSING THE PLATFORM USING OUR APP, PRODUCTS OR SERVICES YOU AGREE AND ACKNOWLEDGE THAT YOUR USE IS AT YOUR OWN RISK AND THAT WE, OUR SHAREOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND THIRD PARTY BUSINESS PARTNERS (COLLECTIVELY "RELEASED PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY NATURE IN RESPECT TO YOUR USE OF THE SAME, INCLUDING ANY DAMAGES RELATING TO INJURIES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING THE APP, PRODUCTS OR SERVICES.
WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9 ABOVE, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF THE PLATFORM, INCLUDING THE APP, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF SECTIONS 8, 9 AND 10 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM WHATSOEVER RELATING TO THE PLATFORM, INCLUDING THE APP, PRODUCTS OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, AND YOUR SOLE REMEDY THEREFORE, SHALL BE STRICTLY LIMITED TO AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE GREATER OF AMOUNT PAID BY YOU FOR OUR PRODUCTS AND SERVICES UP TO THE DATE SUCH CLAIM AROSE.
NO CLAIM OR ANY OTHER ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, INCLUDING OUR APP, PRODUCTS OR SERVICES, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER YOU KNEW OR SHOULD HAVE KNOWN THE OCCURRENCE OF THE EVENT(S) WHICH GAVE RISE TO SUCH ACTION.
UNLESS SUCH A RESTRICTION IS PROHIBITED BY LAW IN YOUR JURISDICTION OF RESIDENCE, YOU AGREE TO: (A) WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST THE RELEASED PARTIES AND WHERE APPLICABLE, AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST THE RELEASED PARTIES, INCLUDING THE US, RELATING TO THE SAME; AND (B) WAIVE ANY RIGHT TO HAVE ANY DISPUTE WITH THE RELEASED PARTIES RELATING TO THIS AGREEMENT RESOLVED THROUGH A JURY TRIAL.
By accessing the Platform and using the App, Products of Services, You agree to indemnify and hold Us and our affiliated companies, officers, senior managers, directors, employees, partners and agents harmless from any demand or claim, including without limitation legal costs and reasonable attorneys' fees, made by any third party as a result of or arising out of Your conduct on this Platform or use of the App, Products or Services, Your violation of these Terms of Service or Your violation of any rights of any other party.
This Platform is not intended for persons who are under the age of 19 or the age of majority in their jurisdiction. By accessing or using the Platform, You represent and warrant that You are above the age of 19 and above the age of majority in Your jurisdiction. If You are under the age of 19 or the age of majority in Your jurisdiction You must immediately terminate all use of the Platform.
You acknowledge and agree that these Terms along with Your use of the Platform and Services are governed by the laws of British Columbia and the federal laws of Canada, without regard to conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction of the courts of British Columbia for the resolution of any and all disputes concerning and involving these Terms or the Platform. Notwithstanding the foregoing you agree that we may apply for equitable or injunctive relief in respect to any breach or threatened breach of this Agreement in any court of competent jurisdiction.
If any provision of these Terms, or the application of such provision to any individual or incident, will be held unenforceable, the remainder of these Terms, or the application of such provision to any individual or incident other than those to which it is held unenforceable, will not be influenced by it to the degree that doing so will not affect the primary objective of the Terms.
These Terms and the Privacy Policy contain the entire agreement between the parties relating to the subject matter thereto and supersede all previous agreements, negotiations, understandings and discussions between the parties, and there are no warranties, representations, conditions, covenants, or other terms other than those clearly contained in these Terms. These Terms may only be amended by Us in writing as is set out in section 2 of these Terms.
In no event will We be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond Our reasonable control, including acts of God, flood, fire, public health emergency, pandemic or communicable disease outbreak, earthquake, tsunami, war, terrorism, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including restrictions resulting from a health emergency, pandemic or communicable disease outbreak, such as quarantines or other governmental restrictions.
No waiver of any of these Terms shall be inferred from or implied by anything done or omitted by Us, save for an express waiver in writing. No waiver, condoning, excusing or overlooking by Us of any default or breach of these Terms shall operate as a waiver of our rights under these Terms in respect of any continuing or subsequent default or breach of these Terms.
Effective Date: 21st Feb 2025
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CYKEL Technologies Inc. acknowledges that we gather and work on the traditional, ancestral and unceded territory of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and Sel̓íl̓witulh (Tsleil-Waututh) Nations.
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