Supplementary Terms and Conditions
Thank you for your interest in the Navigr8 website and the Navigr8 mobile application (collectively called “Services”) provided to you by Byte Cycle Limited (“Navigr8”, “Our”, “Us”, or “We”).
The terms and conditions in this document supplement the Apple End User License Agreement (also referred to as the “Apple EULA”), which together constitute the entire agreement between You, the End User, and Navigr8 concerning Your use of Our Services and will herein be referred to as our “Terms”. In the event of a conflict between the terms of the Apple EULA and these Supplementary Terms and Conditions, the Supplementary Terms and Conditions will govern. If you do not agree to our Terms, you are not licensed or permitted to use our Services.
You agree that:
1) We are not responsible for the consequences of Your actions
1.1) By accepting our Terms you acknowledge that you are fully aware that the activities that you will track with our mobile application carry the risk of physical harm (even death) to yourself or others or material damage to your property or the property of others and that You take full responsibility for the consequences of Your actions. YOU USE OUR SERVICES ENTIRELY AT YOUR OWN RISK. NAVIGR8 HAS NO LIABILITY FOR PERSONAL INJURY OR BODILY HARM TO YOURSELF OR OTHERS OR DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF OTHERS THAT MAY RESULT FROM YOU USING OUR SERVICES.
1.2) Please take great care when using our mobile application. Only interact with the user interface when it is safe to do so and always stay within your limits and the limits that the law permits.
1.3) You are responsible for ensuring that the device on which you have installed our mobile application is properly mounted and stowed in a suitable enclosure for the activities in which you will be engaged. For example, you accept that mounting your device on the handlebars of your bicycle risks damage to or loss of said device. Risks include, but are not limited to: theft, sun damage, excessive vibrations, impacts, and water damage.
2) We are not responsible for Your health
2.1) YOU SHOULD CONSULT A PHYSICIAN BEFORE ENGAGING IN ACTIVITIES YOU INTEND TO TRACK WITH OUR SERVICES TO ENSURE THAT ANY ASSOCIATED PHYSICAL EXERCISE DOES NOT CONSTITUTE A RISK TO YOUR HEALTH.
2.2) NAVIGR8 DOES NOT PROVIDE HEALTH OR MEDICAL ADVICE EITHER IMPLICITLY OR EXPLICITLY. For example, the default heart rate zones in our mobile application are only indicative and you should consult a physician on what are suitable heart rate training zones for your particular condition.
3) We are not responsible for Your data
3.1) All data generated on our mobile application is stored locally on the device on which said mobile application is installed - no data is transmitted to remote databases controlled by Navigr8. Therefore IF YOU LOSE YOUR DEVICE THEN YOU ALSO LOSE YOUR DATA. Although we provide you with the capability to automatically backup your data to the Cloud it is Your responsibility to ensure that such backups are carried out in a timely manner and that sufficient resources are available to fully back up your data.
3.2) We make no warranties on the quality of the data generated by Our mobile application. For example, location accuracy and GPS elevation is dependent on GPS signal strength, over which we have no control.
4) Data usage
4.1) Features of our Services, for example maps, backups and the sharing of files, will result in network data flows to and from your device and this might incur costs from your network service provider. Whilst we attempt to minimise network data usage through caching, we are not liable for any data usage costs arising from the use of our Services. If you are concerned about data usage costs then we advise you to consult with your network service provider before using our Services.
5) Downloading and Sharing data
5.1) We cannot control what data you download from the Internet. This might include for example tracks, or waypoints with imbedded text. As a consequence we are not responsible for filtering offensive, misleading, or inaccurate downloaded data and cannot be held accountable for damages to yourself as a result of you downloading any data.
5.2) We have no control over who you share your data with. We have no visibility of your data other than when you specifically choose to send it to us. Navigr8 cannot be held liable for any damages to others that might result from the sharing of your data. Take great care when sharing data. Only share with people you know and trust.
5.3) None of your data is collected by us at any point other than outlined in the Apple EULA granting the collection and use of technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updated, product support and other Services to you.
6) Your Content
6.1) When you track your activities or put down waypoints you are generating your own content. Your content is Yours. Navigr8 does not claim any ownership rights to Your content.
6.2) If you do choose to share your content with us through email or any other means then You grant to Navigr8 a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such content and to use, make, have made, sell, offer for sale, import and export products and services based on such content. For this reason, we ask that you not share your content with Navigr8 if you do not wish to license the content to us as set forth above.
7) External Sensors
7.1) It is not practical for us to test all sensors that could potentially connect with our mobile application. We therefore make no warranties as to whether your particular sensor will be compatible with our mobile application. Navigr8 is not responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with our mobile application or will be error-free.
8.1) Our mobile application includes basic navigational aids and should not be used for navigating with vehicles other than bicycles. For example, aside from the directional information stored in your navigation track (which we have no means of verifying) our mobile application has no information on the legal directions of road sections. It is your responsibility to comply with the law. Navigr8 is not responsible for the consequences of navigational errors, which could lead to, for example: traffic violations or accidents.
8.2) Our mobile application is intended for recreational use and should not be relied upon for critical applications like, for example, search and rescue.
8.3) It is your responsibility to ensure that you are equipped with alternative navigational options like paper maps, as electronics are never completely fail-safe. For example, your battery might not last the duration of your activity.
8.4) We provide a feature whereby you can automatically stage map tiles in cache in advance of your activity. However, because of the volatile nature of cache, we cannot guarantee that the maps will still be in cache when you engage in your activity.
8.5) Never use our application in extreme conditions. For example, extreme high or low temperatures, high elevations, or high humidity, risks permanent damage to your device.
9.1) Navigr8 reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of its Services, as well as any aspect pertaining to the use of its Services.
10) Your Conduct
You agree not to email, upload, transmit or otherwise make available any content that; and not to use the application in any way that:
10.1) is unlawful, illegal, or unauthorised
10.2) is defamatory or mean-spirited of any other person
10.3) is obscene or offensive
10.4) promotes discrimination based on race, gender, sexual orientation, religion,
nationality, disability, age, or other targeted groups
10.5) infringes any copyright, database right or trade mark of any other person
10.6) is likely to disrupt Our Services in any way
10.7) is likely to harass, upset, embarrass, alarm or annoy any other person
10.8) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse
We reserve the right, at our sole discretion, to suspend or terminate our Services to You in the event of You breaching any of the above. Furthermore, in the event of said suspension or termination no refund of unused subscriptions will be offered.
11) Third Party Software
11.1) Our Services use third party software from Google Inc. Navigr8 is not responsible for what Google does with data it may gather when you use Google Maps. Google Maps are enabled in our mobile application by default. If you prefer you can switch to Apple Maps in our mobile application’s settings.
12.1) We welcome your comments, feedback, suggestions, and other communications regarding our services. While you are not obligated to provide feedback, in the event that you do provide feedback, you hereby grant to Navigr8 a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such feedback. For this reason, we ask that you not send Navigr8 any feedback that you do not wish to license to us as set forth above.
OUR SERVICES ARE PROVIDED TO YOU ON A “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. NAVIGR8 AND ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO OUR SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. NAVIGR8 AND ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEIR SERVICES WILL BE ACCURATE OR RELIABLE.
15) Changes to Terms and Conditions
16) Governing Law; Venue and Jurisdiction
16.1) The laws of New Zealand will govern these Terms and any dispute that might arise between you and Navigr8.com. You agree that any claim or dispute you may have against Navigr8.com shall be resolved by a court located in Auckland, New Zealand. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts.
You can contact us by sending an email to: firstname.lastname@example.org
Last revised on May 16, 2022.