Moofment Terms & Conditions.

1. Acceptance of Terms

By downloading, installing, or using the Moofment mobile application ("App"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Moofment is a mobile application that provides:

• Event Discovery & Creation: Find and create cycling events and meetups
• VanMoof Integration: Connect with your VanMoof bike account for enhanced features
• Strava Integration: Track rides and earn points automatically
• MoofMatch: Automated bike matching that creates events pairing nearby bikes at public meeting locations
• Moofify (Marketplace): List bikes, parts, and accessories
• Delivery Statistics: View community delivery data and share your order information
• Scoring System: Earn points and unlock achievements
• Live Ride Tracking: GPS-based route recording and ride analytics
• FOCUS Speedometer: Heads-up display showing speed, battery, and ride metrics
• CityGuard: Geofence-based automatic speed zone management
• Adaptive Speed Mode (ASM): GPS-based motor assistance adjustment
• HealthKit Integration: Automatic workout syncing to Apple Health
• Widgets & Live Activities: Home screen widgets and Dynamic Island integration

3. Eligibility

3.1 Age Requirements

• You must be at least 13 years old to use the App
• Users under 18 require parental consent
• Certain features may have higher age requirements (18+ for Moofify, MoofMatch)

3.2 Account Requirements

• You must provide accurate and complete information
• You are responsible for maintaining the security of your account
• One account per person; shared accounts are prohibited

3.3 VanMoof Integration

• VanMoof features require a valid VanMoof account
• You must own or have authorized access to connected bikes
• VanMoof's terms and conditions apply to bike-related services

4. User Accounts and Registration

4.1 Account Creation

• Accounts are created by authenticating with valid VanMoof credentials
• You must have a registered bike under your VanMoof account
• A unique User ID is automatically assigned upon successful authentication

4.2 Account Security

• You are responsible for all activity under your account
• Notify us immediately of any unauthorized access
• Use strong passwords and enable available security features

4.3 Account Termination

• You may request account deletion by contacting us
• We may suspend or terminate accounts for violations of these Terms
• Account deletion triggers data removal per our Privacy Policy

5. App Purchase and Refunds

5.1 Paid App

Moofment is a paid app available for download through the Apple App Store. All purchases are processed and managed exclusively by Apple Inc. according to its payment terms and conditions.

5.2 Refund Policy

• No direct refunds: Moofment does not process or issue refunds directly
• Apple's refund process: If you wish to request a refund, you must do so through Apple's App Store refund system within Apple's applicable refund period
• Refund discretion: Refund eligibility and approval are determined solely by Apple, not Moofment
• Acceptance of terms: By downloading, installing, or using the App, you acknowledge and agree to these Terms. If you do not agree, you must discontinue use and may request a refund through Apple within the applicable refund window

5.3 Pricing and Model Changes

• Right to modify pricing: We reserve the right to change the app pricing at any time without notice
• Right to change business model: We may change from a one-time purchase to a subscription model, freemium model, or any other pricing structure at our discretion
• No grandfathering guarantee: Previous purchasers are not guaranteed continued access under the original pricing model if changes occur

6. Acceptable Use

6.1 Permitted Uses

• Create and participate in cycling-related events
• Connect with other cycling enthusiasts
• Use bike management features for your own bikes
• Share cycling-related content and experiences
• List bikes and parts on Moofify

6.2 Prohibited Conduct

You may NOT:

• Violate any applicable laws or regulations
• Harass, threaten, or intimidate other users
• Post spam, advertisements, or promotional content without permission
• Share false, misleading, or fraudulent information
• Attempt to hack, reverse engineer, or compromise the App
• Use the App for commercial purposes without authorization
• Impersonate others or create fake accounts
• Share inappropriate, offensive, or harmful content
• Violate others' privacy or intellectual property rights
• List stolen goods or counterfeit items on Moofify

6.3 Content Guidelines

• Keep content relevant to cycling and community building
• Respect others' opinions and maintain civil discourse
• No hate speech, discrimination, or bullying
• No graphic violence, adult content, or illegal activities

7. Events and Meetups

7.1 Event Creation

• Event creators are responsible for their events
• Provide accurate event information (time, location, etc.)
• Cancel events with reasonable notice if necessary
• Follow local laws and regulations for group gatherings

7.2 Event Participation

• Participate at your own risk
• Verify event details before attending
• Bring appropriate safety equipment
• Follow guidelines and local traffic laws
• Report safety concerns or inappropriate behavior to local law enforcement

7.3 Event Liability

• Moofment is not responsible for events or any outcomes from participation
• We do not verify event safety, accuracy, or suitability
• Event creators and participants assume all risks
• Report dangerous or inappropriate events to local law enforcement

8. Moofify Terms

8.1 Listing Platform

• Moofment provides a listing board only: We display user-posted items with contact information but do not facilitate transactions
• No warranties: We do not verify, endorse, or guarantee items listed for sale
• User responsibility: Users are solely responsible for contacting sellers, inspecting items, negotiating terms, and completing transactions
• External communication: All contact and transactions occur outside the app via email addresses provided by sellers

8.2 Listing Requirements

• Accurate information: Listings must contain truthful and complete descriptions
• Ownership: You must own or have authorization to list items
• Frame numbers: Bike frame numbers must be accurate (used for theft prevention)
• Prohibited items: No stolen goods, counterfeit items, or illegal products

8.3 Location Privacy

• Approximate location: Listings display city-level location for privacy
• Safety: Arrange meetups in public locations, not your residence

8.4 Reporting and Moderation

• Flagging system: Users can report inappropriate listings
• Auto-hide threshold: Listings with 5 or more reports are automatically hidden pending review
• Manual review: Reported content is reviewed by our moderation team
• Removal rights: We reserve the right to remove listings that violate these Terms

8.5 External Posting

• vanmoofer.com cross-posting: Optional feature to post listings on external website
• Explicit consent: Requires user opt-in for each listing
• Separate terms: External website's terms and conditions apply to cross-posted listings

8.6 Moofify Liability Disclaimer

MOOFMENT IS NOT RESPONSIBLE FOR: Any aspect of interactions between users, including disputes between parties, item quality/condition/authenticity/functionality, payment issues/fraud/chargebacks, delivery problems/shipping delays/lost items, stolen or illegally obtained goods, personal safety during meetups or exchanges, or compliance with local sales tax, transfer laws, or regulations.

YOU ASSUME ALL RISKS associated with any dealings arising from Moofify listings. Verify items and parties thoroughly, meet in public locations, and follow local laws.

9. Delivery Statistics Terms

9.1 Community Statistics Feature

• Voluntary data sharing: Users can share their order date and expected delivery date
• Accurate information required: Users must provide correct order information to ensure accurate community statistics
• Community statistics: View aggregated delivery data from the community (average delivery days, delays, etc.)
• Optional feature: Using this feature is entirely voluntary

9.2 Delivery Statistics Disclaimers

• NO DELIVERY SERVICES: We do not deliver, track, manage, or fulfill bike orders
• Community data only: Statistics are based on user-submitted data and may be inaccurate or incomplete
• No guarantees: We do not guarantee accuracy, completeness, or reliability of delivery statistics
• No liability: We are not responsible for delivery delays, issues, or any reliance on community statistics

10. User Scoring and Gamification

10.1 Scoring System

• Point accumulation: Earn points through various app activities and engagement
• Tier levels: Users progress through tiers based on total score
• Leaderboards: Public leaderboards display usernames and scores
• Engagement only: Scoring is designed for fun and community engagement

10.2 Gamification Disclaimers

• NO MONETARY VALUE: Points, tiers, and achievements have no cash value
• NO REWARDS GUARANTEED: Scoring is for engagement purposes only
• NO ACCURACY GUARANTEE: We do not guarantee the accuracy of points, scores, tiers, or leaderboard rankings
• Modification rights: We may adjust, reset, or recalculate scoring rules, point values, tiers, or achievements at any time without notice
• Removal rights: We may remove, cancel, or discontinue the scoring system or any gamification features at any time
• Abuse prevention: Excessive or fraudulent activity may result in points being revoked or accounts being suspended

11. MoofMatch Terms

11.1 Automated Bike Matching

• Bike-based matching: MoofMatch matches bikes (by bike names), not riders directly
• Event creation: Creates events showing two matched bike names as participants
• Meeting location: Events include a public landmark as the meeting location
• Matching criteria: Based on location, timing, and preferences

11.2 Safety Disclaimer

• Meeting strangers involves inherent risks
• No rider verification: We do not verify the identity or safety of bike owners
• Always meet in public, well-lit locations during daylight
• Trust your instincts and prioritize personal safety
• We cannot guarantee the safety or suitability of other participants

12. VanMoof Integration

12.1 Third-Party Service

• VanMoof integration connects to VanMoof's services
• Subject to VanMoof's terms, conditions, and availability
• We are not responsible for VanMoof service interruptions

12.2 Bike Control Features

• Only use bike control features on bikes you own or are authorized to use
• Bike control features may not work in all situations
• Always prioritize physical safety over app functionality
• Speed modification features (CityGuard, ASM) may affect bike behavior
• Always test new settings in a safe environment before riding in traffic

12.3 Data Sharing

• Bike data may be shared between Moofment and VanMoof services
• See Privacy Policy for details on data handling

12A. Bike Control & Speed Features

12A.1 CityGuard Speed Zones

CityGuard is a convenience feature only. By using CityGuard, you acknowledge:

• Speed adjustments may be delayed due to GPS accuracy or signal conditions
• You remain fully responsible for your speed and safe riding at all times
• CityGuard does not guarantee compliance with local speed regulations
• Zone boundaries are approximate based on GPS positioning
• The feature should not be relied upon as the sole means of speed control

Always ride responsibly and within legal limits regardless of CityGuard settings.

12A.2 Adaptive Speed Mode (ASM)

• ASM adjusts motor assistance based on GPS speed data
• GPS accuracy may affect assistance levels
• ASM is a comfort feature and does not replace safe riding practices

12A.3 Speed Modifications

IMPORTANT LEGAL NOTICE:

• Warranty: Modifying speed limits or motor settings may void your bike's warranty
• Legal compliance: Higher speeds may violate local e-bike regulations in your jurisdiction
• Your responsibility: You are solely responsible for ensuring compliance with local laws
• No endorsement: Moofment does not endorse exceeding legal speed limits
• At your own risk: All speed modifications are used at your own risk

12A.4 FOCUS Speedometer

• Speed and distance readings are approximations based on GPS data
• Do not rely solely on displayed metrics for legal compliance
• Battery and bike data accuracy depends on Bluetooth connection quality

12B. Health & Fitness Features

12B.1 HealthKit Integration

• Workout data: Rides may be automatically synced to Apple Health as cycling workouts
• Accuracy: Metrics including distance, duration, and calories are estimates based on GPS and sensor data
• Not a medical device: Moofment is not a medical device and should not be used for health decisions

12B.2 Ride Tracking

• GPS tracking accuracy depends on device, signal strength, and environmental factors
• Route data and statistics are approximations
• Battery consumption may increase during active tracking

13. Disclaimers and Limitations

13.1 Service Availability

• NO GUARANTEE OF CONTINUOUS SERVICE: The App may be unavailable due to maintenance, outages, or technical issues
• Features may change, be discontinued, or require updates

13.2 Accuracy Disclaimer

• NO WARRANTY OF ACCURACY: Event information, location data, and user-generated content may be inaccurate
• Verify important information independently

13.3 Safety Disclaimer

• YOU ASSUME ALL RISKS when using the App and participating in activities
• Cycling, meetups, and social interactions involve inherent risks
• Always prioritize personal safety and follow traffic laws

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO LIABILITY: We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind
• Examples include but not limited to: Personal injury, property damage, data loss, business interruption, loss of profits, or loss of goodwill
• User interactions: Not liable for user interactions, disputes, injuries, or issues between users
• Third-party services: Not liable for issues with VanMoof services or other integrated third-party services
• App functionality: Not liable for app errors, bugs, downtime, data loss, or any technical issues
• Events and meetups: Not liable for any accidents, injuries, or incidents at user-created events or MoofMatch meetups

15. Medical & Fitness Disclaimer

IMPORTANT HEALTH NOTICE:

• Not medical advice: Moofment does not provide medical, fitness, or professional health advice
• Consult a physician: Consult with a qualified healthcare provider before engaging in cycling or any strenuous physical activity
• Inherent risks: Cycling and related activities carry inherent risks of injury, illness, or death
• Your responsibility: You assume all responsibility for your health, fitness level, and ability to participate in cycling activities
• Pre-existing conditions: If you have any pre-existing medical conditions, injuries, or take medications, seek medical clearance before using the App

16. Third-Party Services & Links

16.1 Third-Party Integrations

• External services: The App integrates with third-party services including VanMoof, Strava, and may link to external websites
• No control or endorsement: Moofment does not control, endorse, or take responsibility for third-party services, their content, accuracy, functionality, or data practices
• Third-party terms apply: Your use of third-party services is subject to their respective terms and conditions and privacy policies

16.2 Third-Party Liability

• Use at your own risk: All third-party services are accessed and used at your sole risk
• No warranties: We make no warranties or representations regarding third-party services
• Service changes: Third-party services may change, be discontinued, or become unavailable without notice

17. Intellectual Property

17.1 Moofment's Rights

• Ownership: All trademarks, logos, code, design elements, text, graphics, and materials within Moofment are owned by or licensed to Moofment
• Protected content: All App content is protected by copyright, trademark, and other intellectual property laws
• Reserved rights: All rights not expressly granted to you are reserved by Moofment

17.2 Restrictions

• No copying or reproduction: You may not copy, reproduce, modify, distribute, transmit, display, perform, or create derivative works from any App content without prior written permission
• No commercial use: You may not use Moofment's intellectual property for commercial purposes without authorization
• Trademark usage: You may not use Moofment's name, logo, or trademarks without express written consent

18. User-Generated Content License

18.1 Content You Post

• Your content: You retain ownership of any content you post, including events, listings, bike names, and other user-generated content
• License grant: By posting content, you grant Moofment a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, and distribute such content within the App and for marketing purposes
• Scope of license: This license allows us to operate the App, display your content to other users, and promote Moofment

18.2 Content Removal

• Our rights: We reserve the right to remove, edit, or refuse to post any content for any reason at our sole discretion
• No obligation: We have no obligation to monitor, review, or moderate user content but may do so at our discretion

19. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Moofment, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:

• Your use or misuse of the App
• Your content, listings, events, or interactions with other users
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any disputes between you and other users
• Any accidents, injuries, or incidents occurring during events, meetups, or Moofify transactions

20. Governing Law & Jurisdiction

20.1 Applicable Law

• Governing law: These Terms are governed by and construed in accordance with the laws of Germany
• EU consumer rights: If you are an EU consumer, you retain the benefit of any mandatory provisions of consumer protection law in your country of residence

20.2 Dispute Resolution

• Jurisdiction: Any disputes arising from these Terms or your use of the App shall be resolved exclusively in the courts of Tübingen, Germany
• EU consumers: EU consumers may also bring proceedings in their country of residence
• ODR platform: EU consumers can access the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr

21. Force Majeure

Moofment is not liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to:

• Natural disasters, acts of God, earthquakes, floods, or severe weather
• War, terrorism, civil unrest, or government actions
• Network failures, internet outages, or telecommunications disruptions
• Third-party service failures (VanMoof, Strava, Apple, etc.)
• Strikes, labor disputes, or supplier failures
• Pandemics, epidemics, or public health emergencies

22. Updates to Terms

22.1 Modification Rights

• Right to modify: We reserve the right to modify, update, or replace these Terms at any time at our sole discretion
• Notification: Material changes will be communicated via in-app notification, email (if provided), or by posting the updated Terms within the App
• Effective date: Changes become effective 30 days after notification unless otherwise stated

22.2 Acceptance of Changes

• Continued use: Your continued use of the App after changes take effect constitutes acceptance of the updated Terms
• Rejection of changes: If you do not agree to the updated Terms, you must stop using the App and may request account deletion
• Review responsibility: It is your responsibility to review the Terms periodically for changes

23. App Store Disclaimer

ACKNOWLEDGMENT REGARDING APPLE INC. AND GOOGLE:

• Not responsible: Apple Inc. and Google (if applicable) are not responsible for the App, its content, maintenance, support services, or warranty claims
• No liability: Apple and Google have no obligation to provide support or handle claims related to the App
• Legal claims: All support, maintenance, warranty claims, or legal issues related to Moofment are handled solely by Moofment, not by Apple or Google
• Third-party beneficiary: Apple is a third-party beneficiary of these Terms and may enforce them against you
• App Store terms: Your use of the App must comply with the applicable App Store Terms of Service

24. Privacy Policy

DATA PROTECTION AND PRIVACY:

• Privacy Policy: Your use of Moofment is governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal data
• Consent to data practices: By using the App, you consent to our data collection and processing practices as described in the Privacy Policy
• GDPR compliance: We comply with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws
• Your rights: You have rights regarding your personal data, including access, correction, deletion, and portability as detailed in the Privacy Policy

25. Severability & Entire Agreement

25.1 Severability

• Invalid provisions: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect
• Reformation: Invalid provisions will be reformed to the minimum extent necessary to make them valid and enforceable while preserving the original intent

25.2 Entire Agreement

• Complete agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Moofment regarding your use of the App
• Supersedes prior agreements: These Terms supersede any prior agreements, understandings, or communications (oral or written) between you and Moofment
• No waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision

26. Contact

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

Email: [email protected]
Response Time: Usually within 7–14 days