END USER LICENSE AGREEMENT
LAST UPDATED ON 20TH OF JANUARY 2025
At SAGLY, our mission is to provide mountain bikers with the tools to optimize their bike settings, maintain their equipment, and enhance their riding skills. Clear communication is essential to us, so we’ve structured our Terms and Conditions (“T&Cs”) to ensure your rights, responsibilities, and all service details are easy to understand and always accessible.
Below, you’ll find our updated T&Cs, effective as of 01.01.2023. Please read them carefully before using SAGLY’s features and services.
INTRODUCTION
1. About Us
SAGLY is a mobile application dedicated to mountain bikers. We aim to make your rides more enjoyable, your bike setup optimal, and your maintenance routine seamless. In the future, we will also support skill-building to help you become a better rider. Our platform connects riders with tools, guides, and community-driven insights to elevate the mountain biking experience.
2. Registration
To access the full range of SAGLY’s features, you’ll need to create an account through a one-time registration process (see Section 4). Some general content, such as bike maintenance tips or skill-building guides, is available to all users without registration.
3. Our Mission
Our goal is to empower mountain bikers by simplifying bike maintenance, offering tailored setup recommendations, and helping riders achieve their goals. SAGLY is here to support you on every trail.
4. Disclaimer
Your safety and health are our top priorities. Always consult a qualified professional before making significant adjustments to your bike or undertaking physically demanding activities. SAGLY is not a substitute for professional advice and assumes no liability for the decisions you make based on the content provided. By agreeing to these T&Cs, you acknowledge that you are solely responsible for your health and safety.
SAGLY is licensed to You (End-User) by Anton Hörl, located and registered at Sonnberg 170, Leogang, Salzburg 5771, Austria (“Licensor“), for use only under the terms of this License Agreement. Our VAT number is ATU73470237.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), 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. App Store and Play Store are referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Anton Hörl, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules“). Anton Hörl acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
SAGLY when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. SAGLY is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
THE APPLICATION
SAGLY (“Licensed Application“) is a piece of software created to improve mountain bike settings, maintenance and riding — and customized for iOS and Android mobile devices (“Devices“).
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
SCOPE OF LICENSE
1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2. This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
3. You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Anton Hörl’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Anton Hörl’s prior written consent).
5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
7. Licensor reserves the right to modify the terms and conditions of licensing.
8. Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
VALIDITY OF THE TERMS AND CONDITIONS
1. Validity
SAGLY provides its services based on these Terms and Conditions (T&Cs). By either (i) using the application without registering, or (ii) creating an account where registration is required, users agree to these T&Cs and any referenced agreements. These T&Cs remain in effect until further notice, with the current version effective as of [insert date].
2. Prerequisite
Accessing the full range of SAGLY’s features and services requires agreement to these T&Cs. Without this agreement, registration or full usage of the application is not possible.
3. Scope
These T&Cs apply to all points of access to SAGLY’s services, including subdomains and mobile applications. SAGLY’s primary offerings are accessible through its mobile application.
SERVICES OFFERED
SAGLY provides the following features and information to users in various languages:
1. Platform
- Personal Profile: Users can create a profile with personal and biking-related details.
- Updates and News: Stay informed with bite-sized updates about SAGLY and mountain biking trends.
- Bike Maintenance and Setup Tools: Tools and guides tailored for optimal bike performance.
- Skill-Building Resources: Access curated content, including texts, images, and videos created by SAGLY or professional contributors (e.g., trainers, biking experts).
- Status Updates: Share and track biking activities or maintenance progress.
- Blog: Detailed articles and news about SAGLY’s updates, biking skills, and bike maintenance in long-form content.
- Additional Content:
- About Us: A brief overview of SAGLY’s mission and purpose.
- Business Offerings: Services and tools designed for businesses.
- Advertisements: Relevant promotions by SAGLY or third-party sponsors.
- User Support: Comprehensive assistance for all users.
- Media Center: Information and resources for press inquiries.
2. Apps
- Mobile Applications: SAGLY is available on devices such as Apple iPhones, Android smartphones, and other compatible devices in select markets.
- Data Transfer: After downloading the app, registering (as described in Section 4), and enabling data transfer in device settings, the app synchronizes relevant data with the platform. This synchronization requires an internet connection and facilitates app functionality.
- Cost of Data Usage: Users acknowledge that data transfer between their device and the platform may incur charges from their mobile network provider, which are the user’s responsibility.
- Device Requirements: The app is exclusively available for smartphones and other compatible devices. Without a premium membership (as defined below), only basic features will be accessible.
Users are also subject to any additional terms and conditions set forth by their mobile service providers.
TECHNICAL REQUIREMENTS
1. Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
2. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
REGISTRATION
1. Basic Membership
To access SAGLY’s services, users must complete a one-time registration. The minimum age for registration varies by country; a full list of age restrictions can be found [here]. With a “Basic Membership,” users have access to SAGLY’s “basic features.” SAGLY offers three registration methods:
- Via the SAGLY App: Users must provide complete and accurate information in the registration form, including location, first name, last name, and date of birth, unless optional fields are indicated. Registration must use a real name (not aliases or pseudonyms).
- Via Social Media Accounts: Users can register by importing verified data from their Facebook or Google accounts. This requires consent to transfer selected information from these platforms to SAGLY. Users can later edit or adjust this information in their profile.
2. Premium Membership
A SAGLY Premium Membership unlocks advanced features and tools beyond the basic functionality. Premium Memberships are available for a fee and include exclusive options and features (“Premium Features”) not accessible with a Basic Membership.
Premium memberships are subject to specific terms and conditions as outlined in Section 6. Unless otherwise specified in these T&Cs or Section 6, all other provisions of these T&Cs also apply to Premium Memberships. By registering as a Premium Member, you confirm that you meet the minimum age requirement for contractual agreements as per applicable law (details available [here]). If these conditions are not met, SAGLY is not bound to uphold the terms of the Premium Membership.
3. Minors
Only individuals who are legally capable of entering into contracts on their own behalf may register with SAGLY.
4. Consequences of Registration
By registering, users confirm their understanding and full acceptance of these T&Cs. Users must provide accurate, up-to-date, and complete information during registration and are responsible for regularly updating their details.
Each user is permitted only one SAGLY account. By registering, users confirm they have not previously held or deleted an active SAGLY account. After successful registration, users (hereafter referred to as “Registered Users”) can log in either by:
- Entering their email address and password on the SAGLY platform, or
- Using the Facebook Connect or Google Sign-In options.
5. SAGLY’s Rights
SAGLY reserves the right to decline any registration without providing a reason. In such cases, all submitted data will be promptly deleted.
If a user provides false, inaccurate, outdated, or incomplete information, or if SAGLY has reason to believe the information is not valid, SAGLY reserves the right to suspend or delete the account without prior notice. SAGLY may also deny future access to Premium Services or any part thereof without any obligation to reimburse the user.
SAGLY reserves the right to contact users at any time to verify registration details.
6. User Identity
SAGLY does not guarantee the authenticity of any user’s identity, as verifying individuals online is inherently limited. Users are responsible for independently verifying another user’s identity before interacting with them (e.g., adding as a friend or sending messages).
DISCONTINUATION OF SERVICES
1. Discontinuation of SAGLY Products
SAGLY reserves the right to discontinue one or more of its products or services. Discontinuation may occur to comply with changes in legislation, technical or security requirements, or to align with SAGLY’s corporate and product strategies. It may also respond to market and competitive conditions. Users will be notified of any discontinuation with reasonable advance notice.
After receiving such notice, Premium Members may continue using the app for the duration of their current subscription period. However, the following limitations may apply during this time:
- The app may no longer be downloadable on new devices.
- SAGLY will only update the product to ensure security and compliance. This means that updates to your device’s operating system or third-party services during this period may render the product unusable, for which SAGLY assumes no liability.
If you purchased your Premium Membership through an app that is being discontinued, your subscription will not automatically renew and will end at the close of your current subscription period. If your Premium Membership was acquired through another app that is not being discontinued, your subscription will renew automatically as described in Section 6.4.
You are entitled to a prorated refund for your current subscription period only if SAGLY cannot provide access to the app until the end of your current subscription. To request a refund in such cases, please contact SAGLY (see Section 6.7).
2. Notification
As described in Section 7.1, SAGLY will notify users of any discontinuation via email or through in-app communication within SAGLY products.
3. Connection to the Platform
When a SAGLY product is discontinued, its connection to the platform will be terminated. As a result, some features may be restricted, and data processed by the product will no longer synchronize with the platform. Instead, such data will only be available locally on your mobile device.
MAINTENANCE AND SUPPORT
1. The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
2. Anton Hörl and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
ACCOUNT USAGE AND PRODUCT CHANGES
1. Unauthorized or Misuse of Account
You are responsible for protecting your SAGLY account from unauthorized access and misuse. If you suspect or become aware of unauthorized, fraudulent, or abusive use of your account, or if you believe your account is at risk, notify us immediately by email anton@sagly.at.
SAGLY will not refund any payments made before you report unauthorized, fraudulent, or abusive account use. SAGLY reserves the right to close or cancel the account of any registered user if it is found to be involved in misuse or fraudulent activity.
2. Special and Free Offers
SAGLY may introduce special promotions or free offers, which may be subject to additional terms or restrictions. These offers are non-transferable and cannot be shared between users.
3. Changes to SAGLY Products
SAGLY reserves the right to modify its features or services, including Premium Features. Most changes are intended to improve or optimize the app. Adjustments may also be necessary to comply with legal, technical, or security requirements, to align with SAGLY’s strategic goals, or to address market conditions and competition.
Unless changes significantly and adversely affect your use of SAGLY, no refunds for previously paid amounts will be issued, except as specified in Section 7.
USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy, which can be accessed by Visiting the profile section of the mobile application SAGLY .
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
TERMINATION
1. General Termination by Users
Users may terminate their use of SAGLY services at any time through their account settings. Termination will be confirmed to the user.
2. Termination by SAGLY
SAGLY reserves the right to exclude a user for cause, such as significant breaches of the user obligations outlined in these Terms and Conditions (T&Cs) or any related referenced documents.
3. Consequences of Termination
Upon termination:
- If you have generated, transmitted, stored, published, or otherwise made content available through SAGLY, any rights granted to SAGLY regarding that content (as outlined in Section 13.3) will terminate unless:
- The content is exclusively used within the context of SAGLY services.
- It has been aggregated with other data and cannot be separated without disproportionate effort.
- The content was created jointly with other users, who may continue to use it.
Instructions for exporting personal data can be found in SAGLY’s Privacy Policy.
8.4. Data Retrieval
Users may request non-personal content they created, transmitted, stored, or published through SAGLY to be provided in a common, machine-readable format after termination. This service is provided free of charge within a reasonable time unless:
- The content has no use outside the context of SAGLY.
- It is tied exclusively to your use of SAGLY.
- It has been aggregated with other data and cannot be separated without disproportionate effort.
For information on exporting personal data, please refer to SAGLY’s Privacy Policy.
CONSUMER WITHDRAWAL POLICY
9.1. Applicability of Consumer Protection Laws
If you are a registered user of SAGLY for purposes unrelated to business or self-employment, the following withdrawal rights apply as per consumer protection laws:
Right of Withdrawal
You may withdraw your agreement to SAGLY in writing (e.g., via email or letter) within 14 days of registration without providing a reason. Send withdrawal notices to:
Email: anton@sagly.com
Consequences of Withdrawal
In the event of a valid withdrawal:
- Any services and payments exchanged must be returned.
- If you have used the service partially, you may need to compensate SAGLY for the time used.
Refunds for payments must be processed within 30 days from the date SAGLY receives your withdrawal notice.
COMPLIANCE AND UPDATES
1. Compliance
SAGLY is committed to ensuring its products comply with contractual and legal requirements.
2. Updates
SAGLY will provide necessary security and technical updates for its products. Users are responsible for installing updates promptly and maintaining compatible device operating systems. SAGLY is not liable for non-compliance issues caused by failure to install updates. Discontinued versions of SAGLY products may lose platform connection and functionality.
3. Remedies
If SAGLY products do not comply with the contract or legal standards, users have the right to remedies within two (2) years of ending their membership.
4. Cooperation
Users must reasonably cooperate with SAGLY to identify any issues originating in their digital environment. Failure to cooperate shifts the burden of proof to the user.
USER OBLIGATIONS AND CONDUCT
1. User Obligations
Users agree to:
- Provide truthful, current, and complete registration details and keep them updated.
- Share only authorized content, ensuring necessary rights and permissions are secured.
- Avoid sharing unlawful, discriminatory, or harmful content.
- Refrain from sending spam or chain messages.
- Avoid disruptive technical activities, such as hacking, brute-force attacks, or spreading malware.
- Respect intellectual property rights and avoid unauthorized data extraction.
- Report violations promptly to fraudprotection@sagly.com.
- Back up important personal data externally.
SANCTIONS FOR VIOLATIONS
1. Sanctions
SAGLY may impose the following penalties for violations:
- Warning
- Content deletion
- Temporary account suspension
- Permanent exclusion
The severity of sanctions depends on the nature and intent of the violation.
2. Permanent Exclusion
Permanently excluded users may not re-register with SAGLY.
USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
CONTENT
1. General
SAGLY allows registered users to use its products in accordance with legal regulations and these Terms and Conditions (T&Cs). Users may upload, store, publish, share, and distribute content with other users through the platform.
2. Disclosure
SAGLY reserves the right to store and disclose user-generated content to third parties if required by law or deemed necessary to:
- Comply with legal obligations, court orders, or regulatory directives.
- Enforce compliance with these T&Cs.
- Respond to claims of legal violations by third parties.
- Protect the rights, property, or safety of SAGLY, its users, or the public.
3. Use of Content
By uploading or sharing content, users grant SAGLY a perpetual, irrevocable, non-exclusive, royalty-free right to use, modify, and process the content within the SAGLY platform or any related activity. This includes the right to modify or adapt the content, provided that such modifications do not infringe upon the legitimate interests of the user. SAGLY will, where feasible, credit the user as the content creator when used outside the platform.
4. Ownership
SAGLY does not claim ownership of user-generated content and does not actively monitor such content.
5. Deletion
SAGLY reserves the right to delete user-generated content, such as routes, events, or comments, without providing a reason. Users will be notified of deletions and, if applicable, may face penalties for T&Cs violations as outlined in Section 12.
6. Accuracy of Content
SAGLY assumes no responsibility for inaccurate user-generated content, such as route data or event details.
WARRANTY
1. Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
2. No warranty is provided for the Licensed 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 Anton Hörl’s sphere of influence that affect the executability of the Licensed Application.
3. You are required to inspect the Licensed Application immediately after installing it and notify Anton Hörl about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
4. If we confirm that the Licensed Application is defective, Anton Hörl reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
5. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
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 Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
7. Limitations
SAGLY does not guarantee that:
- Its services will be continuously, completely, or error-free available, or that the necessary software or hardware will operate without faults.
- Data transmission through third-party systems (e.g., internet or telecommunications networks) will be secure from interception or tampering.
8. User Responsibility
Use of SAGLY’s products is at the user’s own risk. This applies to:
- Any hardware used, including smartphones, sensors, or other accessories.
- Downloading personal or third-party content.
- Any actions based on SAGLY-generated data, such as bike setup recommendations or maintenance guidelines. Users acknowledge that such data may be inaccurate, and SAGLY accepts no liability for errors to the extent permitted by law.
9. Expert Consultation
SAGLY’s software and services are not a substitute for consultation with a qualified professional, such as a bike mechanic or medical expert.
10. External Content
SAGLY is not responsible for the accuracy or reliability of external links, advertisements, or third-party content accessed via its platform. Contracts between users and third parties are independent of SAGLY.
DISCLAIMER OF LIABILITY
1. General
SAGLY is liable for damages only in cases of gross negligence or intentional misconduct. For consumers, SAGLY’s liability is limited to personal injury, including life, body, or health, caused by negligence. SAGLY is not liable for consequential damages, loss of profits, or third-party claims.
2. Content
Except as required by law, SAGLY and its affiliates are not liable for damages resulting from content accessible through its online or mobile platforms, including errors, issues, viruses, or data loss.
3. Downloads
SAGLY accepts no responsibility for damages caused to user devices or data loss resulting from downloaded materials or resources associated with its services.
4. User Conflicts
Users assume full liability for claims or disputes arising from interactions with other users. SAGLY is not responsible for the actions or omissions of its users.
5. Licensor takes no accountability and responsibility in case of If you make changes on your suspension, ride carefully until you are used to the new setup. Furthermore, do not make changes like e. g. changing volume spacers or changing coil force without reading the manufactures recommendations or manual. SAGLY and the company Anton Hörl takes no accountability or responsibility for any damage caused by recommended changes of the settings on the mountain bike. Moreover SAGLY takes also no accountabality for answers generated by the KNOW-HOW AI feature and possible damage caused by the instructions given by this feature. These answers can be not correct and should be double-checked by the user for correctness. Moreover the SAGLY TRAINING feature is only a rough guideline and SAGLY does not take responsibility to damages in case you follow those guidelines.
INDEMNIFICATION BY USERS
1. Indemnification
Users agree to indemnify SAGLY from all third-party claims arising from content they upload, share, or otherwise use through SAGLY. This includes covering legal defense costs unless the violation was not the user’s fault.
2. Cooperation
Users must provide truthful and complete information to SAGLY if third-party claims arise, facilitating proper investigation and defense. Additional damages owed to SAGLY remain unaffected.
PRODUCT CLAIMS
Anton Hörl and the End-User acknowledge that Anton Hörl, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Anton Hörl
Sonnberg 170
Leogang, Salzburg 5771
Austria
anton@sagly.at
TERMINATION
The license is valid until terminated by Anton Hörl or by You. Your rights under this license will terminate automatically and without notice from Anton Hörl if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Anton Hörl represents and warrants that Anton Hörl will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
Anton Hörl and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Anton Hörl, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
APPLICABLE LAW
This License Agreement is governed by the laws of Austria excluding its conflicts of law rules.
MISCELLANEOUS
1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.