Terms of Use

Pon.Bike Terms of Use (account creation)

These terms of use ("Terms") govern the creation and use of an account on one of the websites or apps of our Pon.Bike brands: Gazelle, Kalkhoff, and Urban Arrow (each individually or collectively referred to as "Pon.Bike," and the "Digital Services"). By creating or using an account, you agree to these Terms.

1. Definitions

  • User: Any natural or legal person who creates or uses an account on the Digital Services.

  • Data: All information, data, documents, and other content offered, processed, or accessed through the Digital Services, including but not limited to personal data, telemetry data, and technical specifications.

  • Licensor: The party granting the license, in this case, Pon.Bike.

  • Third Party Data Recipient: You, being a natural or legal person who creates or uses a Third Party Data Recipient account on the Digital Services.

2. Access to and Use of the Digital Services

2.1 Age The User or the third Party Data Recipient, being a natural person, declares to be at least 18 years of age. 

2.2 License Pon.Bike grants you a limited, non-exclusive, non-transferable, and revocable license to use the Digital Services for the purposes described herein. You may only use the Digital Services in accordance with these Terms, the accompanying terms regarding the Use of Data for Third Party Data Recipients and all applicable laws and regulations. The license is contingent upon your compliance with these Terms. In the event of non-compliance, Pon.Bike has the right to terminate the license.

2.3 Your Account You are responsible for keeping your login credentials confidential and for all activities that occur under your account. You must notify Pon.Bike immediately of any unauthorized use of your account.

2.4 Accuracy You are responsible for the accuracy, integrity, and lawfulness of all Data you create or provide on the Digital Services. You guarantee that you have the necessary rights and permissions to use, process, and provide this Data to Pon.Bike in accordance with these Terms. Pon.Bike is not liable for the Data generated or provided by you or third parties.

3. Misuse and Prohibited Activities

It is strictly forbidden to use the Digital Services in any way that:

  • Is unlawful or fraudulent: Using the Digital Services for illegal activities, such as committing fraud, money laundering, or other criminal offenses.

  • Causes damage: Damages, disables, or disrupts the operation of the Digital Services. This includes distributing viruses, Trojans, or other harmful code.

  • Grants unauthorized access: Attempts to gain unauthorized access to other accounts, systems, or Data on the Digital Services. This includes phishing, scraping, or circumventing security measures.

  • Violates intellectual property: Copies, reverse-engineers, or otherwise infringes upon the intellectual property rights of Pon.Bike or third parties. This applies to the software, the Data, and the content on the Digital Services.

  • Is unfair or unethical: Misuses the Data on the Digital Services for competitive purposes, or deliberately manipulates or corrupts the integrity of the Data.

  • Violates privacy: Collects, processes, or disseminates personal data of other users without their express consent.

4. Intellectual Property

All intellectual property rights related to the Digital Services and their content, including but not limited to copyrights, trademark rights, and database rights, belong exclusively to Pon.Bike. The Data you provide yourself remains your property, but you grant Pon.Bike a worldwide, non-exclusive, transferable, sublicensable, royalty-free, and perpetual license to use this Data for the operation and improvement of the Digital Services.

5. Disclaimer and Liability

5.1 Availability of the Digital Services Pon.Bike strives to make the Digital Services function as well as possible but does not guarantee that the Digital Services will be available at all times. Maintenance, security updates, and technical failures may affect availability. We may temporarily suspend access to the Digital Services for maintenance or other operational reasons.

5.2 No Data Guarantee The Data on the Digital Services is provided "as is" and without any warranty. While we are committed to the accuracy of the Data, we accept no liability for any inaccuracies, incompleteness, or errors.

5.3 Limitation of Liability Pon.Bike is not liable for any direct or indirect damage, including consequential damage, loss of profit, or loss of Data, arising from the use of or inability to use the Digital Services. This does not apply in the event of intent or gross negligence on the part of Pon.Bike.

6. Modification of the Terms

Pon.Bike reserves the right to modify these Terms at any time. The most recent version of the Terms will always be available on the Digital Services. By continuing to use the Digital Services after a modification, you accept the modified Terms. For significant changes that materially affect your rights or obligations, Pon.Bike will notify you via the contact information in your account or through a notification on the Digital Services, and provide you with the opportunity to accept the modified Terms.

7. Applicable Law 

These Terms are governed by Dutch law.