These Terms of Use (“Terms”) are a legally binding agreement between you and TourenUp (“TourenUp”, “we”, “us”, “our”). TourenUp is currently developed and operated by Denis Bondar (contact details in Section 20). These Terms govern your access to and use of the TourenUp mobile application, website, and related services (collectively, the “Service”).If you do not agree to these Terms, do not use the Service.
ACCEPTANCE AND CHANGES
1.1 Acceptance. By downloading, accessing, creating an account, or using any part of the Service, you agree to these Terms and to the Privacy Policy.
1.2 Changes. We may update these Terms from time to time. If we make material changes, we will provide notice via the Service or by email. Continued use after the effective date means you accept the updated Terms.
ELIGIBILITY
2.1 Minimum age. The Service is intended for adults. You must be at least 18 years old to create an account and use the drill, Section, and leaderboard features.
2.2 Compliance with law. You must use the Service in compliance with all applicable laws, land-access rules, traffic rules, and safety requirements.
DEFINITIONS
“Account” means your registered user profile.
“Trail” or “Route” means a GPS-based route displayed in the Service.
“Section” means a defined segment of a trail/route (often short) used for technical practice and/or comparison.
“Drill” means a structured practice activity performed in a Section (for example: slow control, braking, slalom, hill start), including pre-drill instructions and post-run feedback.
“Attempt” means one recorded performance of a Drill in a Section.
“Telemetry” means sensor and location data collected from your device (such as GPS, accelerometer, gyroscope) and derived metrics.
“User Content” means any content you upload, create, or submit, including trails/routes, GPX files, Sections, names, descriptions, photos, videos, comments, and messages.
“Community Contributors” (including “Trail Buddies”) means users who publish trails/Sections or related content for others.
“Coach” means a third party who provides feedback or guidance via the Service or email, where available.
THE SERVICE
4.1 Platform. TourenUp provides tools to discover and share trails/Sections, perform drills, receive feedback, and track progress over time.
4.2 No supervision. TourenUp does not supervise your riding, does not provide on-site instruction, and does not verify trail conditions in real time.
4.3 Beta and evolving features. The Service may include beta features. Functionality may change, be suspended, or be removed.
ACCOUNTS AND SECURITY
5.1 Registration. You must provide accurate and complete information and keep it updated.
5.2 Security. You are responsible for all activity under your Account and for keeping your login credentials secure. Notify us promptly of unauthorized use.
5.3 One person, one account. Your Account is personal. You may not sell, rent, or share your Account or subscription access.
SUBSCRIPTIONS AND PAYMENTS
6.1 Free drill attempt. TourenUp may allow one (1) free Drill Attempt per user as a trial. After you use the free attempt, continued access to drills, attempts, drill feedback, and progress tracking related to drills requires an active subscription, unless we explicitly state otherwise in the Service. We may limit the free attempt (for example, one per person, device, or Account) and may change or end the free offer at any time.
6.2 Subscription purchase. Subscription options, prices, billing periods, and included features are shown in the app at purchase time and are incorporated into these Terms by reference.
6.3 App Store billing. If you purchase through Apple App Store or Google Play, payment, renewal, cancellation, and refund handling are governed by the applicable store’s terms and policies, and you must manage your subscription through your store account settings.
6.4 Auto-renewal. Subscriptions typically renew automatically unless canceled before the renewal date (as shown by the store or the Service).
6.5 No guarantees. Subscription access provides access to features; it does not guarantee skill improvement, performance outcomes, or safety.
DRILLS, TELEMETRY, AND PROGRESS TRACKING
7.1 Telemetry collection. When you use drill features, the Service may collect Telemetry from your smartphone sensors and location services, and generate derived metrics and scores.
7.2 Storage and progress. We store telemetry summaries, drill results, and related performance information to display your history and progress over time, including comparisons with your prior attempts.
7.3 Data quality and accuracy. Telemetry is inherently imperfect (for example: GPS drift, sensor noise, mounting differences). Drill detection, scoring, and feedback may be incomplete, inaccurate, or not suited to your specific conditions. You agree not to rely on telemetry outputs as a safety system or as professional instruction.
7.4 User controls. Your privacy choices and data rights are described in the Privacy Policy and may include options to delete your account and request deletion/export of data.
COACH FEEDBACK AND COMMUNICATIONS
8.1 Optional coach feedback. The Service may allow you to receive feedback from Coaches, including via email, based on your drill results or information you submit (such as a video).
8.2 Coaches are not TourenUp staff. Coaches are independent third parties unless explicitly stated otherwise. TourenUp is not responsible for a Coach’s statements, availability, qualifications, or advice.
8.3 Informational only. Coach feedback is provided for informational purposes and may be subjective. It is not professional training, safety certification, medical advice, or a substitute for in-person instruction.
8.4 Email and messaging. By using the Service, you consent to receive administrative communications (such as confirmations, updates, safety notices, subscription notices). Marketing communications are subject to your consent choices where required by law.
COMMUNITY CONTENT (TRAILS, SECTIONS, REPORTS)
9.1 Community contributions. Users may create and publish trails and Sections. Community Contributors act in their personal capacity, not as agents or representatives of TourenUp.
9.2 No verification. We do not verify that trails/Sections are safe, legal, accurate, or appropriate for your skill level. Conditions change constantly.
9.3 Your responsibility. You are solely responsible for assessing legality, access permissions, trail conditions, hazards, weather, and your own skill and equipment before attempting any trail/Section/drill.
9.4 Removal. We may remove or limit visibility of User Content at any time, including for safety, legal, quality, or policy reasons.
SAFETY, ASSUMPTION OF RISK, AND DISCLAIMERS
10.1 High-risk activity. Motorcycling and off-road riding involve inherent risks, including serious injury, death, and property damage.
10.2 No safety guarantees. The Service does not guarantee safety, does not monitor you during riding, and does not provide emergency support.
10.3 Use at your own risk. You voluntarily assume all risks arising from your riding activities, including performing drills, attempting Sections, and following any feedback or suggestions from the Service, Coaches, or other users.
10.4 Equipment and legal riding. You are responsible for protective gear, bike condition, fitness, and riding only in legal areas. Do not use the Service in a way that encourages reckless riding or illegal access.
USER CONTENT: OWNERSHIP, LICENSE, AND PERMISSIONS
11.1 Your ownership. You retain ownership of your User Content.
11.2 License to TourenUp. You grant TourenUp a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (for formatting/compatibility), distribute, display, and perform your User Content for the purposes of operating, improving, promoting, and providing the Service (including showing trails/Sections to other users and producing aggregated insights).
11.3 Rights you must have. You represent that you have all rights needed to upload and license your User Content, and that it does not infringe any third-party rights or violate any law.
11.4 Feedback. If you submit feedback or suggestions, you grant TourenUp a perpetual, royalty-free license to use it without restriction.
ACCEPTABLE USE
You agree not to:
(a) use the Service for illegal, harmful, or fraudulent purposes;
(b) encourage unsafe riding, harassment, or hate;
(c) upload content that is unlawful, violent, sexually explicit, or infringes rights;
(d) scrape, crawl, or harvest data, trails, or Sections, including for competitive purposes;
(e) reverse engineer, decompile, or attempt to extract source code, models, or scoring logic;
(f) interfere with security, integrity, or performance of the Service;
(g) impersonate others or misrepresent affiliation with TourenUp;
(h) manipulate leaderboards or upload fabricated or misleading activity data.
INTELLECTUAL PROPERTY
13.1 Our IP. The Service, software, designs, logos, and all non-user content are owned by TourenUp or its licensors and protected by intellectual property laws.
13.2 Limited license. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial use, subject to these Terms.
13.3 No rights granted. Except as expressly stated, no rights are granted.
THIRD-PARTY SERVICES
The Service may use or integrate third-party services (such as map providers, authentication, analytics, payment platforms). Those services are governed by their own terms and policies. We are not responsible for third-party services.
TERMINATION
15.1 By you. You may stop using the Service at any time and may request account deletion as described in the Privacy Policy.
15.2 By us. We may suspend or terminate access if you violate these Terms, create risk or legal exposure, or misuse the Service.
15.3 Effect of termination. Your license to use the Service ends upon termination. Sections relating to intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution survive.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, accurate, or that trails/Sections/feedback are safe or suitable.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, TourenUp (and its affiliates, suppliers, and partners) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or business interruption, arising from or related to your use of the Service, trails/Sections, drills, telemetry outputs, or any feedback.
Nothing in these Terms limits liability that cannot be excluded under applicable law (including liability for death or personal injury caused by negligence, where such limitation is prohibited).
INDEMNITY
You agree to indemnify and hold harmless TourenUp from claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms; or (d) your violation of any law or third-party rights.
GOVERNING LAW AND DISPUTES
19.1 Governing law. These Terms are governed by the laws of the Grand Duchy of Luxembourg, without regard to conflict-of-law rules.
19.2 Consumer rights. If you are a consumer residing in the EEA/UK, you may have mandatory rights under your local consumer laws, and these Terms do not limit those rights. You may generally bring claims in the courts of your place of residence, and we may be required to do the same, as applicable.
19.3 Informal resolution. Before filing a claim, you agree to contact us to try to resolve the dispute informally.
CONTACT
TourenUp
Contact: Denis Bondar
Email: denis@touren.tech
Address: 8247 Luxembourg
(If the operating entity changes, updated legal entity details will be published in the Service.)
MISCELLANEOUS
21.1 Severability. If any provision is unenforceable, the remaining provisions remain in effect.
21.2 No waiver. Failure to enforce a provision is not a waiver.
21.3 Assignment. You may not assign your rights or obligations under these Terms without our consent. We may assign these Terms as part of a merger, acquisition, reorganization, or sale of assets.
21.4 Entire agreement. These Terms and the Privacy Policy constitute the entire agreement regarding the Service.
