CYCL-E RINGAPP™ MOBILE APPLICATION - TERMS AND CONDITIONS OF USE
Last update: May 2023
These terms and conditions of use ("Terms and Conditions") constitute the contract between you (the "User")
of the Cycl-e RingApp™ mobile application (the "App”) and Pirelli Tyre S.p.A. with registered office at Viale
Piero e Alberto Pirelli, 25 - 20126 Milan, Italy, VAT number 07211330159, with its contact details in Section
12 ("Pirelli") and govern the use of the App by the User, as described in Section 1.1 below. The User and
Pirelli shall be jointly referred to as the "Parties".
The App is aimed at allowing the User to setup and test the Bluetooth ring locks to be installed on the fleet of
the Cycl-e Around™ service governed by the document called General Conditions of Use.
Please read carefully the following Terms and Conditions, as well as Pirelli's privacy policy (the "Privacy
Policy"), as they contain important information for the User regarding the use of the App.
The User acknowledges that use of the App is necessary to take advantage of the features set out in Section
1.2.
By clicking on "CONFIRM", the User accepts these Terms and Conditions and agrees to use the App in
accordance with them, acknowledging that he or she has fully understood them.
1. DESCRIPTION OF THE WEBSITE AND APP AND MINIMUM REQUIREMENTS
1.1. Through the App it will be possible to:
• setup a Bluetooth ring lock to be mounted e-Bike and test the correct locking and unlocking of the device;
• unlock and lock Bluetooth ring locks of e-Bikes in maintenance.
1.3 The use of the App requires certain minimum requirements as set out below. To take advantage of the
features described in Section 1.1, the User must:
(a) have (i) a mobile device with operating systems IOS® 14 (or higher) or Android 8.0 (or higher) (a
"Mobile"), (ii) access to the Internet (at the User's expense) for the complete accessibility of the App, (iii)
enabled Bluetooth connection and (iv) the App installed on the Mobile Device (collectively a "Compatible
Mobile Device"). Not all mobile devices are compatible with the App. It is the User’s responsibility to ensure
that your mobile device is a Compatible Mobile Device and to ensure the functionality of your Compatible
Mobile Device;
(b) download la App;
(c) log in with their credentials.
1.4 From time to time, some or all features or content of the App may not be available due to maintenance,
whether planned or unplanned, or for another reason. Furthermore, the App may be modified, suspended or
withdrawn by Pirelli at any time for legal reasons, technical requirements or substantial changes. Where
possible (except in the case of Updates, as provided in Section 3.2. below), Pirelli will inform Users prior to
any suspension or withdrawal.
2. CONDITIONS OF USE THE APP
2.1. Users can download the App on multiple Compatible Mobile Devices.
2.2. By requesting Pirelli the registration of a User account, the User declares that: (a) his or her data sent are
true, complete and accurate; and (b) the User will update his or her data if it changes, to allow Pirelli to contact
the User in accordance with these Terms and Conditions.
2.3. The User can access the authenticated area of the App by entering the credentials (username and password)
obtained after requesting the registration of an account to Pirelli (the "Access Data"). The User must not allow
his or her Access Data to be used by third parties to access the App. The User is responsible for maintaining
the confidentiality of the Access Data and all statements made, acts or omissions relating thereto, and for the
use of the account, whether or not they are actually or expressly authorized by the User. If the User suspects
or becomes aware of any loss, theft or unauthorized use of the Access Data, the User must notify Pirelli
immediately, sending a communication to the e-mail address cyclearound.support@pirelli.com. Within a
reasonable period of time from receipt of such communication, Pirelli will deactivate the registration and
manage the Access Data in accordance with the Privacy Policy. Pirelli will assume that all communications
that Pirelli may receive from the User's e-mail or other address, or any communications relating to the User's
Access Data, have been sent by the User, unless Pirelli receives a notice to the contrary.
2.4. The User shall use the App and the Compatible Mobile Device on which the App is installed in accordance
with these Terms and Conditions. Any use of the App not expressly set forth in these Terms and Conditions is
prohibited.
2.5. The Internet connection charges and the related conditions of use are provided for in the agreement
between the User and his or her Internet service provider (i.e. the terms and conditions of the relevant Internet
subscription).
3. LICENSE
3.1. Regarding the User's use of the App, Pirelli grants Users a royalty-free, non-exclusive, temporary,
revocable, non-transferable license without territorial limitations (the "License"), to use the contents of the
App and the related software exclusively for professional purposes, solely through the interface provided by
Pirelli with regard to the App, and in accordance with these Terms and Conditions. Any use of the contents of
the App not expressly provided for in these Terms and Conditions is prohibited. For clarity, the User shall not
and will not permit any third party to: (a) rent to, lend to, or share with, any third party, publicly perform or
display, sell or otherwise distribute the content of the App or the Content to any third party; (b) reproduce,
copy, publish, modify, create a derivative work from, reverse engineer, decompile, disassemble or otherwise
attempt to identify, in whole or in part, source code or related data of the App (the "Content"); (c) send or
otherwise make available any file or program that may damage or alter the proper functioning of any hardware,
software or equipment; or (d) transfer or assign Login Data.
3.2. The User is aware of and accepts that Pirelli may modify the technical characteristics of the App at any
time and periodically make improvements, modifications, updates and additions ("Updates") available to the
User. Such Updates may affect the functionality of the App and Pirelli shall have no liability if the User fails
to install such Updates. The User’s use of the Updates will also be governed by these Terms and Conditions.
3.3. The License will be in force until the User ceases to use the App or the Services, or until Pirelli revokes
the User's account in accordance with Section 4 below, or in the event of termination of the App by Pirelli.
4. DURATION – SUSPENSION – TERMINATION
4.1. These Terms and Conditions will remain in force and will continue to produce their effects as long as the
User uses the App.
4.2. The User may terminate the use of the App, at any time and for any reason, and may request at any time
the cancellation of his or her registration and data by sending a request to Pirelli to the following e-mail address:
cyclearound.support@pirelli.com. Pirelli will deactivate this registration within a reasonable period of time
from receipt of the request.
4.3. Without prejudice to the other provisions of these Terms and Conditions, Pirelli reserves the right, in its
sole discretion and without notice or liability, to deny access to and use of the App to any person, without
limitation, for breach of any kind of representation, warranty or agreement contained in these Terms and
Conditions or any applicable law or regulation. The termination of the User's access does not cancel or
prejudice any rights or compensation to which Pirelli may be entitled, under the law or in equity.
4.4. In the event of termination of the User's account, Pirelli will close the User's account and the User will no
longer be able to retrieve the information contained in said account. Notwithstanding other provisions of these
Terms and Conditions, any provision of these Terms and Conditions that requires or provides for the continued
performance of a Party's obligations shall remain in effect upon expiration or termination of these Terms and
Conditions.
5. INTELLECTUAL PROPERTY
5.1. The App, as well as trademarks, logos, service marks, names and other distinctive signs (the "Trademarks"),
as well as images, photographs, Contents, texts, graphics, software, interactive functions, information, design,
collections, made visible through the App or otherwise used by the App or on the App, including the source
code of the App (jointly, the "Intellectual Property") are or may be protected by copyright and/or industrial
property rights, such as patents, trademarks or secrets, on the basis of applicable laws. Pirelli, its affiliates and
its licensors are the sole and exclusive owners of the Intellectual Property. The User does not acquire any right,
title or interest in the Intellectual Property, except for the limited rights set forth in these Terms and Conditions.
Except as expressly set forth in these Terms and Conditions, the User may not use the Intellectual Property
without Pirelli's prior written consent on a case-by-case basis. It is understood that the use of the Intellectual
Property will be for the exclusive benefit, as the case may be, of Pirelli, its affiliates and/or their licensors.
Pirelli, its affiliates and their licensors reserve all rights not expressly granted in these Terms and Conditions.
5.2. The User acknowledges and accepts that all data related to or deriving from the App are the exclusive
property of Pirelli or its holder.
6. WARRANTIES - EXCLUSION OF LIABILITY
6.1 Except as expressly provided in these Terms and Conditions, and to the fullest extent permitted by
applicable law, Pirelli makes no warranties or representations as to merchantability, fitness for a particular use
or purpose other than that set out in these Terms and Conditions.
6.2 Notwithstanding any provisions to the contrary, the use of the App by the User is at the sole risk of the
User. The User acknowledges and agrees to assume full responsibility for the use of the App. The App are
provided "as is" and "as available". Pirelli declines all responsibility for interruptions or errors during access
to the App; for security problems of the App; for any viruses of the App or the server on which the services
are provided; for the operation of the App in combination with hardware, software or mobile applications of
third parties; or for the correctness, accuracy, adequacy, usefulness, timeliness, reliability or completeness of
the information contained on the App. Downloading content through the App is at the User’s discretion and
risk. The User will be solely responsible in case of damage to his or her computer system or mobile devices or
loss of data as a result of downloading such content. No advice or information obtained by the User from the
App will provide any guarantee.
7. LIMITATIONS OF LIABILITY - INDEMNIFICATION
7.1. To the fullest extent permitted by applicable law (including, without limitation, consumer protection law),
neither Pirelli nor its affiliates, subsidiaries, licensors, suppliers or third party content providers, nor their
respective partners, officers, directors, shareholders, employees, agents, successors or assigns (the "Pirelli
Group" ") will be liable for any indirect or consequential damages deriving from or relating to the App or for
damages deriving from the use of the App not attributable to Pirelli.
7.2. The User shall indemnify and hold harmless the Pirelli Group from and against all fines, sanctions,
liabilities, losses and other damages of any kind (including legal fees and experts' fees) incurred by the Pirelli
Group and shall defend the Pirelli Group against any claim arising out of or in connection with the User's
breach of these Terms and Conditions, the violation by the User of any rights of third parties, including but
not limited to, intellectual property rights or property rights, misuse by the User of the App, or use of the App
by any other person acting on behalf of the User or using the User's Access Data.
8. APPLICABLE LAW - PLACE OF JURISDICTION
8.1. These Terms and Conditions are governed by and construed in accordance with Italian law. Nothing
contained in these Terms and Conditions can be interpreted as wishing to deprive the User, as a consumer,
according to the current legislation of his country, from the most favorable mandatory provisions, if applicable.
8.2. In the event of disputes relating to these Terms and Conditions or the download, use and operation of the
App, the User may access the European online dispute resolution platform (European ODR Platform). The
European ODR Platform has been developed and is managed by the European Commission, in accordance
with Directive no. 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate an independent, impartial,
transparent, efficient, fast and fair out-of-court resolution of disputes relating to contractual obligations arising
from online sales or service contracts signed between consumers residing in the European Union and economic
operators based within the European Union, through the intervention of ADR - Alternative Dispute Resolution
- bodies to be selected from a special list available. For more information on the European ODR Platform or
to initiate proceedings relating to this contract through it, please visit the website http://ec.europa.eu/odr.
Pirelli's e-mail address to be introduced into the European ODR platform is as follows:
pirellityre.pecri@pec.pirelli.it.
8.3. In the event that the dispute is not resolved in accordance with Section 9.2 above, the same will be referred
to the exclusive jurisdiction of the court of Milan. For disputes with consumers, mandatory provisions provide
that the jurisdiction of their place of residence may apply.
9. CHANGES TO TERMS AND CONDITIONS
Notwithstanding Section 1.4. above, the User acknowledges and accepts that Pirelli may, at any time and in
any way, modify, add or delete any part of these Terms and Conditions and the License, to adapt to new
technological features, new regulations or for market needs, by publishing the amended Terms and Conditions
with reasonable notice. If the User does not wish to be bound by the new Terms and Conditions, the User must
refrain from using the App and must ask Pirelli customer service to cancel the User's registration on the App.
The User may not amend or modify these Terms and Conditions under any circumstances.
10. USER FEEDBACK
If the User provides Pirelli with any ideas, proposals and suggestions or other materials ("Feedback") relating
to the App, the services or otherwise, such Feedback will be considered User Content and the User
acknowledges and agrees that such Feedback will not be considered confidential in nature and that the User's
provision of such Feedback is free of charge, unsolicited and unremunerated and does not imply any fiduciary
or other obligation on Pirelli.
11. GENERAL PROVISIONS
11.1. These Terms and Conditions, together with the Privacy Policy, constitute the agreement in its entirety
between the User and Pirelli with regard to the specific matters of this document.
11.2. The App is not intended for use by persons under the age of 18. You acknowledge that you are fully
capable and able to understand, understand and subscribe to these Terms and Conditions.
11.3. Pirelli shall be exempt from its obligations to the extent that they are prevented or delayed by
unforeseeable and/or natural events beyond its reasonable control, including, but not limited to, natural
disasters, acts of terrorism, war, riots, power failures, or general public strikes and/or private workers or strikes
that may limit the operations of freight forwarders and airline connections.
11.4. If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, the
enforceability of the remaining provisions shall not be altered or impaired in any way, and such provisions
shall be restated in such a way as to reflect as closely as possible the initial intentions of the Parties in
accordance with applicable laws.
11.5. Pirelli's failure to comply with the rights or provisions of these Terms and Conditions shall in no event
constitute or be construed as a waiver, or future waiver, by Pirelli of such rights; and the written waiver of any
term, clause, condition or provision, shall not imply a waiver of any other term, clause, condition or provision.
11.6. These Terms and Conditions are concluded between the User and Pirelli.
11.7. Section titles of these Terms and Conditions are inserted for convenience only and have no legal or
contractual effect.
11.8. The User may not assign his or her rights to third parties in accordance with these Terms and
Conditions; Pirelli may assign its rights under these Terms and Conditions, provided that such rights, in
accordance with these Terms and Conditions, have been granted by the User to the assignee.
12. HOW TO CONTACT US
If the User has any questions or comments regarding these Terms and Conditions, the operation of the App or
in the case of any other related technical support, please contact Pirelli by e-mail at the following address:
cyclearound.support@pirelli.com or at the following telephone number: +39.02.45435818 active from
Monday to Sunday from 7.00 to 23.00.
