Terms of Service

Effective date: 9/1/2026

Operator: divergence.bike, 2400 Durant Ave, Berkeley CA 94720

Contact: info@divergence.bike

These Terms of Service (“Terms”) govern your access to and use of divergence.bike, including its websites, applications, analytics, integrations, models, content, and related services (the “Service”). By accessing or using the Service, you agree to these Terms.

1. The Service

The Service provides cycling-related analytics, data organization, performance estimates, pacing tools, training insights, and related features. Features may change, be unavailable, or be discontinued at any time. We may use automated systems, statistical methods, machine learning, and third-party data sources to produce outputs.

2. Eligibility and Accounts

You must be legally able to enter into these Terms and meet the minimum age required in your jurisdiction. You are responsible for all activity under your account, maintaining accurate information, protecting credentials, and promptly notifying us of suspected unauthorized use.

3. Your Data and Permissions

You retain ownership of data and content you submit to the Service (“User Content”). You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, process, modify, analyze, transmit, display, create derivative works from, and otherwise use User Content as necessary to operate, maintain, secure, improve, and provide the Service, including generating analyses and derived data.

You represent and warrant that you have all rights, permissions, and lawful bases necessary to submit User Content and authorize our processing. Do not upload another person’s activity, location, health, biometric, account, or other personal data without their permission and a lawful basis.

4. Connected Services

You may connect third-party services, including Strava, at your option. You authorize us to access and process data made available through that connection within the permissions you grant. You may revoke access through the Service or the third party. We are not responsible for third-party services, their data, outages, changes, or policies.

5. Acceptable Use

You may not:

  • Use the Service unlawfully or in violation of another person’s rights.
  • Upload malware, harmful code, unlawful content, or content you lack permission to use.
  • Scrape, crawl, probe, overload, interfere with, reverse engineer, decompile, or circumvent the Service except where prohibited by law.
  • Access another person’s account or data without authorization.
  • Use the Service to stalk, track, harass, discriminate against, or endanger anyone.
  • Rely on the Service to operate a vehicle, bicycle, aircraft, medical device, emergency response, or other safety-critical activity.
  • Use the Service or its outputs to make employment, insurance, credit, housing, healthcare, legal, or similarly consequential decisions about another person.
  • Resell, sublicense, or provide the Service to third parties except under a separate written agreement.
  • Remove proprietary notices or misuse our or third parties’ brands, APIs, or intellectual property.

6. Health, Safety, and Performance Disclaimer

The Service provides informational and recreational tools only. Outputs, including performance predictions, heart-rate estimates, pacing plans, training-load measures, environmental estimates, aerodynamic calculations, and recommendations, may be incomplete, inaccurate, unsafe, unavailable, or unsuitable for your circumstances.

The Service is not medical, coaching, training, nutrition, legal, safety, emergency, or professional advice. Consult qualified professionals before beginning or changing training, using health-related information, or making decisions that could affect health or safety. You are solely responsible for assessing road conditions, weather, traffic, equipment, fitness, health, local laws, and safe cycling practices. Never use the Service while riding if doing so would distract you or create risk.

7. No Warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND FREEDOM FROM ERRORS OR HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT DATA IMPORTS, THIRD-PARTY INTEGRATIONS, OUTPUTS, ROUTES, PREDICTIONS, OR ANALYSES WILL BE COMPLETE, ACCURATE, CURRENT, SAFE, OR UNINTERRUPTED.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, [LEGAL ENTITY NAME], ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100.

Some jurisdictions do not permit certain limitations. In those jurisdictions, liability is limited to the maximum extent permitted by law.

9. Indemnity

You will defend, indemnify, and hold harmless [LEGAL ENTITY NAME] and its affiliates, personnel, licensors, and service providers from claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from your User Content, your use of the Service, your violation of these Terms, or your violation of another person’s rights or applicable law.

10. Intellectual Property

The Service, including its software, design, branding, models, algorithms, content, and documentation, is owned by us or our licensors and is protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose.

Feedback you provide may be used by us without restriction or compensation.

11. Paid Features

If we offer paid features, pricing, billing frequency, refund terms, taxes, cancellation terms, and renewal terms will be presented before purchase or in a separate order form. Unless required by law or expressly stated otherwise, fees are non-refundable. You authorize our payment processor to charge your selected payment method.

12. Suspension and Termination

You may stop using the Service at any time. We may suspend, restrict, or terminate access immediately if we reasonably believe you violated these Terms, created risk or legal exposure, failed to pay applicable fees, or if necessary to protect the Service, users, or third parties. Sections that by their nature should survive termination will survive.

13. Changes to the Service or Terms

We may modify the Service and these Terms. Material changes will be posted or otherwise communicated as required by law. Continued use after the effective date of revised Terms constitutes acceptance, except where a different form of acceptance is required by law.

14. Governing Law and Disputes

These Terms are governed by the laws of [STATE/COUNTRY], excluding conflict-of-law rules. Any dispute will be brought exclusively in the courts located in [COUNTY, STATE/COUNTRY], unless applicable law requires otherwise.

Optional arbitration clause: [INSERT COUNSEL-APPROVED ARBITRATION, CLASS-ACTION-WAIVER, AND OPT-OUT LANGUAGE ONLY IF APPROPRIATE FOR YOUR JURISDICTION.]

15. General

These Terms, together with the Privacy Policy and any applicable order form, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

16. Contact

Questions about these Terms may be sent to:

divergence.bike
2400 Durant Ave, Berkeley CA 94720
info@divergence.bike