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General Terms and Conditions of Use and Contrating

A. Introduction

BKOOL, S.L. (hereinafter, "BKOOL"), is the owner of this website, whose corporate details may be consulted in the Legal Notice.

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name https://www.bkool.com and its sub-domains (hereinafter, "the Website"), as well as the contracting of its services through the Website.

Simple access to the Website contains the status of User of the Website (hereinafter, "the User") and implies acceptance of the general conditions of use of the Website. If the User does not agree with these General Conditions, he/she must immediately leave the Website and refrain from using it.

Likewise, the contracting of services implies that Users read and accept, prior and expressly, the contracting conditions included below, which shall be binding between the purchaser and the owner of the Website.

By accepting these General Terms and Conditions, the User declares:

a. That you have read, understand and comprehend the above.

b. That, in the event that you intend to contract our services, you have sufficient capacity to do so.

c. That it assumes all the obligations set forth herein.

The owner of the Website reserves the right to modify the conditions indicated in these General Conditions at any time and at its own discretion. Notice will be given by means of a visible message on the Website.

The latest version applicable to the Website is the one available at this URL.

Access to the Website and use of the service after the terms and conditions of the service have been updated implies acceptance of the new terms and conditions.

The rules governing this Website are as follows:

  • These General Terms and Conditions, which include the General Terms and Conditions of Use of the Website, Legal Notice and General Terms and Conditions of Contract.
  • Privacy Policy
  • Cookie Policy

B. General Conditions of use of the website

In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, the general information on the Website is provided below:

  • Owner: BKOOL, S.L. (hereinafter referred to by its trade name, "BKOOL").
  • Headquarters and place of business: Carretera de La Coruña, Km. 17,800, Edificio Madroños 3, 28231, Las Rozas, Madrid, Spain.
  • Tax Identification Number: B-98125024
  • E-mail: info@bkool.com
  • Support center: https://support.bkool.com
  • Registry data: Madrid Companies Register, volume 28917, folio 75, section 8a, page M-520691, entry 11a.

2. Definitions

  • Website: Platform made available to users through the domain name https://www.bkool.com.
  • BKOOL Subscription: consists of the BKOOL Cycling and Fitness Premium subscription (Monthly, Annual or Family) that BKOOL makes available to Users through the Website for download.
  • User: The natural person who browses the Website https://www.bkool.com regardless of whether he/she purchases a BKOOL Cycling and Fitness Trial Subscription or Premium Subscription therein.
  • Registered User: This is the natural person who has registered on the https://www.bkool.com Website and accesses the user area using their personal username and password.
  • Customer: The User who purchases a BKOOL Subscription through the Website.
  • Administrator: the natural person who is the holder of the Premium Family Subscription and who pays the full price of the subscription.
  • Guest/s: Registered Users who are included in the Family Subscription at the request of the Administrator and are exempt from the obligation to pay the Family Subscription.
  • Services: The BKOOL Cycling and Fitness Subscription purchase service and all the functionalities that the Website https://www.bkool.com offers to Users.
  • Registered Devices: are those devices linked to the Family Premium Subscription and on which the Administrator and Guests will be able to access it

3. Access to the Website

Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

4. Rules for use of the Website

The User undertakes to use the Website and all its content and Services in accordance with the provisions of the law, morality, public order, and these General Conditions, and not to use them for illicit or criminal activities that infringe the rights of third parties and/or violate any applicable legal regulations.

The User guarantees to:

a) Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that advocates terrorism or violates human rights.

b) Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third-party users of the Internet network

c) Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.

d) Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.

e) Do not transmit unsolicited or unauthorised advertising, promotional material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) which have been exclusively designed for this purpose.

f) Not to introduce or disseminate any false, ambiguous, or inaccurate information and content in such a way as to mislead the recipients of the information.

g) Not to impersonate other Users by using their name or nickname or their passwords to access the different services and/or contents of the Website.

h) Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the intellectual and industrial property rights, patents, trademarks or copyrights of the owners of the Website or third parties.

i) Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation. The User undertakes to hold BKOOL harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of breach by the User of any of the aforementioned rules of use, and BKOOL further reserves the right to request the corresponding compensation for damages and losses.

5. Content and services linked through the Website

The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter "Linked Sites"). In these cases, BKOOL shall only be liable for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of their unlawfulness and has not deactivated the link to the same with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify BKOOL thereof, without this notification in any case entailing any obligation on the part of BKOOL to remove the corresponding link.

Under no circumstances shall the existence of Linked Sites presuppose the formalisation of agreements between BKOOL and the managers or owners thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by BKOOL.

Unless otherwise expressly indicated on the Website, BKOOL is not aware of the contents and services of the Linked Sites and therefore shall not be liable for any damage that their unlawfulness, quality, out-of-date nature, unavailability, error or uselessness may cause to the User or to any third party.

6. Intellectual and industrial property

All the contents of the Website, pertaining to include but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of BKOOL or of third parties, and none of the exploitation rights recognised by current intellectual property legislation on the same may be understood to have been assigned to the User.

The trademarks, trade names or distinctive signs published on the Website are the property of BKOOL or third parties, and no rights over them may be recognized to have been assigned to the User.

The User, both in the BKOOL Cycling and Fitness subscriptions in their Free Trial and Premium versions, may create or import their own workouts or upload the routes they carry out (in video format, GPX file and/or similar) to the Website, and the User accepts the irrevocable assignment of the intellectual property rights deriving therefrom (use, reproduction, distribution, public communication and transformation) to BKOOL for use for the maximum duration of the rights and for all territories in the world. Likewise, at the time the User decides to unsubscribe from the Services, BKOOL shall anonymise any data that would enable the User to be identified.

7. Prohibition of reverse engineering actions

Any act of reverse engineering that involves decompiling the computer elements that form part of the platform will be considered an infringement of the intellectual property rights owned by the Owner and/or third parties.

8. Social area

The Web Site has a section called "Share" or “Compartir” available to Registered Users. The User's activity in relation to other Users shall always be on the basis of the User's obligations described in these terms and conditions.

BKOOL reserves the right to withdraw, restrict and/or deny access to those Users who breach the rules of use of the Website.

C. General Terms and Conditions

1. Features of BKOOL Subscriptions

The main characteristics of the BKOOL Subscriptions through the Website may be consulted in the descriptive file that may be viewed on the Website. From the Website, the User may contract the Premium Subscription (Monthly, Annual or Family).

The languages in which the User may formalise the BKOOL Subscription are: Spanish, English, Italian, German, and French.

2. Discharge procedure and Free Trial

2.1. In order to register for the BKOOL Subscription, the User guarantees that he/she has the necessary legal capacity and capacity to act in order to be bound by these Terms and Conditions according to the legislation applicable in his/her country.

2.2 The User may click on the "Free Trial" button and must register on the Website by completing the required personal data (name, surname, email address), as well as choosing a password to register with BKOOL. All data entered by the User must be accurate, current and truthful. Furthermore, the User must expressly accept these General Conditions and the Website's Privacy Policy; pass the captcha and click on the "Register" button.

2.3. The User will receive an email confirming registration on the Website at the email address provided, which will generate a numerical confirmation code that the User must enter in the registration flow to complete the verification. Once the email has been verified, the User must complete the required invoicing data on the "1. Invoicing Data" screen and enter the VAT number in the event that he/she wishes to receive an invoice.

2.4. Subsequently, the User must choose the type of Premium Subscription they wish to contract (Monthly, Annual or Family) once the Free Trial has been completed and complete the payment method to be used on the "2. Payment details" screen, which may be made by card (they must provide the details of the cardholder, card number, expiry date and CVC/CVV) or PayPal. In the event that payment by card is chosen, the data entered will be stored directly on the servers of the payment platforms with PCI/DSS level 1 certification made available to the User at the time of contracting, which guarantees the security of the payment procedure. The User may include the discount coupon code, if applicable, at this time. Discount coupons are cumulative, unless expressly stated otherwise by BKOOL in the relevant promotion.

2.5. Once the billing details have been completed, the "3. Confirmation" screen will confirm the activation of the Free Trial to the User and its duration, as well as the corresponding links to download the Bkool Cycling and Fitness application.

2.6. If the User is already registered with BKOOL, he/she must identify him/herself by means of his/her e-mail address and password and click on the button labelled "log in".

2.7. Once the 30-day Free Trial period has expired, the Registered User will have access to the Premium Subscription functionalities, having to pay the corresponding amounts according to the billing method selected (Monthly, Annual or Family).

2.8. The corresponding Premium Subscription (Monthly, Annual or Family) will be renewed automatically and indefinitely for periods of the same duration as that initially selected by the User at the time of contracting.

3. Premium Family Subscription

The procedure for subscribing to the Premium Family Subscription through the Website is as follows:

3.1. In the case of a new User, he/she must proceed in accordance with the Registration Procedure and Free Trial set out in section 2 of these Conditions.

3.2. In the case of a Registered User, he/she may contract the Premium Family Subscription during the course of the Free Trial of the Premium Subscription (monthly or annual) by going to the "My Subscription" screen and clicking on the option "Become Premium" where he/she may contract the Premium Family Subscription.

3.3. Likewise, in the case of a Registered User who has an active Premium Subscription (Monthly or Annual) and wants to change to the Family Subscription, the Registered User must go to the "My Subscription" section and click on the option "Change my Subscription" and select "Family Plan".

3.4. The Administrator will be informed of the activation of the Premium Family Subscription at the same time, as well as of the corresponding links to download the Bkool Cycling and Bkool Fitness application.

3.5. Once the Administrator is registered for the Premium Family Subscription, he/she will be able to register up to 2 Guests, by completing the required personal data (email), who will receive an invitation to the email address provided, which they will have to accept in order to access the Premium Family Subscription. Once the invitation has been accepted, the guests will have access to the BKOOL Cycling and BKOOL Fitness download information on the confirmation screen. The Administrator may make a maximum of 2 changes of Guests during the period of the Premium Family Membership. The Administrator reserves the discretion to remove a Guest from the Family Membership at any time.

3.6. In each Family Premium Subscription, a maximum of 5 Registered Devices may be linked, with a limit of 3 changes per year and with a maximum frequency of variation of 1 device per month. In addition, members of the Family Premium Subscription may only use it simultaneously through 3 Registered Devices when they are in the same household.

3.7. The Guest may only be part of one Premium Family Subscription and may leave the Premium Family Subscription at any time. If the Guest was new to BKOOL and registered to test the Premium Family Subscription, upon leaving or being removed from the Premium Family Subscription, he/she will not be able to take the Free Trial.

3.8. The Guest's subscription period shall be the same as that of the Administrator of the Premium Family Subscription.

3.9. As long as the Guest remains an active part of the Premium Family Subscription, he/she cannot be part of a Monthly or Annual Premium Subscription.

4. Confirmation and modification of the BKOOL Subscription

4.1. The User shall receive an e-mail to the e-mail address provided in the registration form confirming the successful completion of the purchase process. Should the User wish to modify his or her BKOOL Subscription (billing address, payment method, subscription timeline), he or she may do so from the subscription screen. Likewise, Users who do not have any subscription contracted may select the possibility of contracting the Premium Monthly, Annual or Family Subscription on said screen. And the User who has already purchased the BKOOL Premium Subscription may upgrade it by registering for or contracting other services offered by BKOOL.

4.2. In the event of a change from Premium Monthly Subscription to Premium Family Subscription, the change and payment will be made immediately, with the remaining period accumulated to the Family Subscription.

4.3. In the event of a change from a Premium Subscription (Monthly or Annual) with a promotion to a Premium Family Subscription, the change and payment will be made when the corresponding promotion ends.

4.4. In the event of a change from a Premium Annual Subscription to a Premium Family Subscription, the change and the payment will be made at that time and you will lose the remaining time of the Annual Subscription that you have active.

4.5. In the event that a Guest receives an invitation to a new Premium Family Membership, the Guest may accept the new invitation, abandoning the first Premium Family Membership he or she had to join the new one.

4.6. All BKOOL Subscriptions are personal and non-transferable for the User who formalises them, who may not assign or transfer them to any third party.

5. Unsubscribe

The Registered User of the Premium Subscription (Monthly or Annual) and in the case of the Premium Family Subscription, the Administrator, may cancel the relevant BKOOL Subscription at any time. The cancellation of the relevant BKOOL Subscription shall take effect (i) at the end of the Free Trial period (ii) or on the relevant payment renewal date in the case of the Premium Subscription (Monthly, Annual or Family). Notwithstanding the foregoing, in the case of Family Premium Membership, Guests may not cancel the account, but only abandon it as provided for in section 3.7 above.

6. Subscription through Third Parties

The User may subscribe to the Services through a third party (hereinafter the "Third Party Provider"), such as application stores, for example, but not limited to, the App Store and Google Play. In the event that the User makes a BKOOL Subscription through such Third Party Providers, the BKOOL Subscription shall be subject to the terms and conditions of the Third Party Provider regarding to subscription terms, billing, cancellation, Free Trial, refunds and payments (hereinafter the "Third Party Terms"). In particular, if the User subscribes to the BKOOL Subscription through a Third Party Provider, the User may need to take additional steps or actions to properly configure the BKOOL Subscription. Furthermore, the Third Party Provider shall be responsible for processing the User's means of payment and for providing all information to the User on how to subscribe to the Services.

The User must notify the Third Party Provider directly when he/she wishes to carry out any procedure, management, modification or claim in relation to the Third Party Terms and, under no circumstances, shall BKOOL be responsible for the processing and response to such request.

These General Conditions shall apply to Registered Users to the extent not regulated in the Third Party Terms, provided that these are not inconsistent with the Third Party Terms.

7. Password

The Registered User shall be responsible at all times for the safekeeping of his or her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss thereof. For these purposes, access to restricted areas and/or the use of the services and contents of the Website carried out under the password of a Registered User shall be deemed to have been carried out by said Registered User, who shall be liable in all cases for said access and use.

8. Correcting and identifying data entry errors

If the User forgets to fill in any information marked as compulsory with an asterisk, he/she will not be able to progress in the contracting or validation process until this information has been filled in. A message on the screen will warn the User of this circumstance. The User may review and modify the details of the order before finalising it.

9. Delete account

The User may delete his/her account at any time by clicking on the link provided on our Website. The User must accept the deletion of the account and ReCAPTCHA, and BKOOL will unsubscribe the User within a maximum period of 10 days and will receive an email when the process has been completed. BKOOL will delete the data associated with the account, without prejudice to retaining the personal data necessary to comply with the legal retention periods in accordance with the provisions of the data protection regulations. For more information, please visit our Privacy Policy.

10. Price

The prices indicated in respect of the BKOOL Subscription include, unless expressly stated otherwise, Value Added Tax (VAT). In the event that the BKOOL Subscription is purchased by a User who is not resident in the European Union, the price shall not include VAT.

The prices and currencies displayed to the User will vary depending on the geographical location of the User, which will be automatically determined by the IP from which the User accesses the Website (United Kingdom: Pound Sterling; rest of the European Economic Area and South Africa: Euro; rest of the world: US Dollars). Such prices, unless expressly stated otherwise, do not include any additional and/or complementary services to the Subscription purchased.

For the Premium Family Subscription, the Administrator shall be solely responsible for payment of the applicable Price.

11. Accepted means of payment

The means of payment accepted by BKOOL are as follows:

  • Credit card.
  • Payment via PayPal.

BKOOL only accepts the following credit cards as means of payment: Visa or Visa Electron, Mastercard, American Express.

Online payment by credit or debit card is made through a security system that encrypts the User's bank details when they are transmitted over the Internet.

Payment by PayPal shall be made in accordance with the contracting conditions established by PayPal Spain, S.L., available on its website Website, and BKOOL shall not be liable in any case for any incidents arising from this payment service.

12. Sending invoices

The User acknowledges and accepts that BKOOL shall only send invoices to the e-mail address provided by the User during the registration process, and provided that the User requests it in writing to the following e-mail address: administracion@bkool.com. Invoices shall only be available in English and Spanish.

13. Right of withdrawal

a) Premium Monthly Subscription

In accordance with the provisions of article 103.m) of Royal Legislative Decree 1/2007, of November 16th, which approves the revised text of the Spanish General Law for the Defence of Consumers and Users ("TRLGDCU") and other complementary laws, the Registerd User will not be able to withdraw from the supply of digital content contracts that are not provided in a physical or material medium when the fulfillment of the contract has begun with prior express consent of the Registered User having the awareness that he/she loses their right of withdrawal.

This circumstance affects the Premium Monthly Subscription, since its execution begins after formalising the contract, which the Registered User is aware of and accepts.

b) Premium Annual Subscription and Premium Family Subscription

Pursuant to the provisions of Article 102.1 of the TRLGDCU, the Registered User may withdraw from the Premium Annual Subscription or Premium Family Subscription within fourteen (14) days of contracting the corresponding Subscription with BKOOL. Once the request has been received, BKOOL shall reimburse the full amount paid by the User within a maximum period of fourteen (14) days from receipt by BKOOL of the User's request to execute his or her right of withdrawal. The reimbursement of the amount shall be made using the same means of payment used by the Registered User for the initial subscription.

14. Complaints, claims and requests for information

The User may address any complaints, claims or requests for information to the BKOOL Customer Support Service, using the following: Support center.

BKOOL shall respond to the complaints received as soon as possible and in any case within a maximum period of one month from the submission of the complaint.

BKOOL shall provide the User with an identification code and written proof, by e-mail, so that the User has a record of his or her complaint or claim.

BKOOL provides official complaint forms available from BKOOL Customer Service.

15. Special offers and promotions

BKOOL may launch temporary offers and promotions applicable to your Premium Subscription. The terms and conditions of such offers and promotions, when active, may be consulted in the frequently asked questions (FAQs) section of the Website, available here.

The User may also invite a friend to register with BKOOL by providing BKOOL with his or her e-mail address. The User must ensure that he/she has been authorised by his/her friend to provide BKOOL with his/her e-mail address. For further information, please see our Privacy Policy.

BKOOL may, at any time and unilaterally, provide promotions to Registered Users for use within the Website to certain Users. The Registered User acknowledges and accepts that the promotions must be used according to the timeline configured as of the date on which the promotion is made available to the Registered User on the Website.

BKOOL reserves the right to cancel promotions and/or other offers or discounts offered unilaterally, when it becomes aware of fraudulent use thereof (i.e. redeeming a promotional code when not the legitimate recipient thereof, mass transmission of codes, selling discounts or codes...), when the aforementioned period has expired, and also reserves the right to apply penalties to Users for the amount of the use defrauded from BKOOL.

BKOOL accepts no liability if, due to force majeure or events beyond its control or a justified necessity, it is forced to cancel, shorten, extend or modify the conditions of the promotions.

In particular, BKOOL assumes no liability in the event that the Website is unavailable at any time during the promotions or in the event of a malfunction of the automated system of the promotions.

16. Validity of the terms and conditions

The terms and conditions applicable to the purchase of BKOOL Subscriptions are those in force at the time of purchase.

In the event of modification of these contracting conditions, it shall be understood that the User accepts the same if he/she does not cancel the automatic renewal of his/her BKOOL Subscription, once he/she has been informed of the modification of the same.

17. Invalidity and ineffectiveness of clauses

If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such invalidity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General Conditions shall remain in force in all other respects, and such provision shall be considered totally or partially as not included.

18. Right of exclusion

BKOOL reserves the right to withdraw, restrict and/or deny access to the Website, without prior notice, to e-mails with certain domains, or Registered Users, due to a) breach of these general conditions of use, b) legal imperative, judicial or administrative order, c) or reasons of security of the company itself, its infrastructure or its services, or d) for business reasons.

19. Applicable law and jurisdiction

These General Conditions shall be governed by and interpreted in accordance with Spanish law. In the event of litigation between BKOOL and the User, both parties shall submit to the courts and tribunals that are competent in each case by virtue of the provisions of the mandatory consumer regulations.

20. Out-of-court dispute resolution

BKOOL reserves the right to bring such civil and/or criminal actions as it deems appropriate for the improper use of its Web Site and contents or for breach of these Conditions.

Without prejudice to the option available to the parties to voluntarily submit to the online dispute resolution system mentioned in the following section, the relationship between the User and BKOOL shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise, the parties may submit their disputes to arbitration or resort to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this respect, with submission to the forum of the consumer's domicile.

Notwithstanding the above, in accordance with Regulation (EU) 524/2013, the European Commission provides a free access platform for out-of-court online dispute resolution for electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit themselves, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between the two parties.

Link to the complaint form:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

Link to the search engine for dispute resolution bodies:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

21. Prevalence of Spanish language version

In the event of any discrepancy between the Spanish language version of these General Terms and Conditions and any version of the same in another language, the provisions of the Spanish language version shall prevail.

22. Use of Apps

By downloading or using the app, you automatically agree to these terms. Please be sure to read them carefully before using the app. You should be aware that you are not authorised to send it to anyone else or to copy or modify the App, or any part of it, or our trademarks in any way. You must not attempt to extract the source code of the App, translate the App into other languages or create derivative versions. The App and all related trademarks, copyrights, database rights and other intellectual property rights shall remain the property of BKOOL.

Please note that if you use the application outside of a Wi-Fi hotspot, the terms of your contract with your mobile network service provider will apply. Accordingly, your mobile service provider may apply charges for data consumed while connected when accessing the App, as well as other third party charges. If you use the App, you accept responsibility for such charges, including roaming data charges if you use the App outside your home territory (your region or country) without turning off data roaming. If you are not the person responsible for paying the charges on the device on which you use the App, we will assume that you have received your permission to use the App.

Version 5.0 of the General Conditions dated September 2023