Terms of Service

Welcome to Saga. These Terms of Service (“Terms”) apply and govern your use of our website and mobile application (the “App”). Our Privacy Policy is included in these Terms. By using Saga or creating a Saga account, you are agreeing to all the terms and conditions below.

Saga One, LLC. (referred to throughout as “Saga,” “we” or “us”), offers a variety of content and services through the Saga website and App (collectively, the “Services”).

YOU AGREE TO RESOLVE DISPUTES BETWEEN YOU AND US VIA BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AND CLASS-WIDE ARBITRATIONS. YOU MAY OPT OUT OF ARBITRATION BY EXECUTING THE SPECIFIC STEPS EXPLAINED IN THESE TERMS BELOW.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN YOU MUST NOT ACCESS OR USE OUR SERVICES.

Registration and Usage

Who Can Use Saga

You must be at least 13 years old and live in the United States, to use our Services. If you live outside the United States, do not use the Services.

When signing up, you are promising that:

For the purposes of these Terms, a “Creator” as used here, refers to an individual or entity that contributes to our Services by providing, setting, or defining cycling routes and sharing relevant information or content related to cycling.

To be a Creator, you must be at least 18 years old and are either 1) a professional cyclist in any cycling discipline, 2) a social media influencer in the cycling or related domains, or 3) an employee or member who can rightfully represent their company, organization or brand in the cycling or related industries.

If we find out that any information is wrong or outdated, we have the right to suspend or terminate your account, and we may also deny you use of our Services now or in the future.

Limitations

Your account is private to you, and you are responsible for keeping it that way. You cannot give away your login or allow others to login your account. This includes making sure other people can't use your “devices” (including but not limited to mobile devices, cycling computers, physical fitness monitors, activity trackers, smartwatches, and other wearable technologies) to access and communicate with the Services while you are logged in. Anything that happens on your account while logged in or on devices linked with the Services is your responsibility.

You are responsible for disconnecting your devices from your Saga account if you experience actual or suspected loss or theft of your devices. Although we do our best to keep your account and any information you add to the Services secure, we can't guarantee complete security. This means we can't promise that others won't be able to gain unauthorized access. If you ever notice any unauthorized use of your account or any other security issues, please let us know right away. Keep in mind that you're taking on all risks related to any unauthorized access to the information and content you provide to us.

Using the Services may include downloading the App software onto your phone or mobile device. You agree that we may automatically install and update the App on your device in order to deliver new features, changes, bug fixes, and error corrections, and that these Terms apply to any of those updates. You acknowledge that the Services may not work correctly if you do not consent to the automatic updates. We may change or discontinue any part of the Services at any time.

You will need compatible devices to use or access the Services. We do not guarantee that the compatible devices will always work or be error-free. Our Services may not be compatible with or available on your devices. You acknowledge that your phone company’s data and other usage fees still apply when using the App.

Content, Ownership and Permissions

Definitions

“Content” in these Terms, refers to information or data in any form, including but not limited to text, images, photos, videos, audios, animations, illustrations, graphics, media, ideas, comments, “likes” and other reactions, geo-data, cycling and fitness activity, cycling and fitness routes, fitness and diet plans, nutrition information, recipes, and any assets that are created, posted, or made accessible on the Services. “User Content” is anything you or other users make accessible on the Services.

Ownership and Permissions

Whatever Content you post or generate on the Services belongs to you. By putting User Content on the Services, you give us a non-exclusive, royalty-free, transferable, sublicensable, and worldwide license to use, store, change, share, create derivative works, translate, and monetize the User Content without having to pay you or share any revenue from the direct monetization of the User Content, even after termination of your account.

You will only post and generate Content that you have the rights to. You cannot infringe on the intellectual property of others. We reserve the right to remove and restrict the access of any infringing User Content you share. We may monitor, terminate, or suspend your account if we find repeated or serious infringements.

You are responsible for the User Content you generate on the Services. We reserve the right to review, hide, reject or remove any User Content if it goes against these Terms or is otherwise inappropriate. Please keep in mind you may come across Content that you may find objectionable or offensive. You are encouraged to report and flag this on the Services. See Community Guidelines and Your Commitments.

You should use our Services and Content for personal and non-commercial purposes. You're not allowed to change, copy, share, display, perform, replicate, license, create spin-offs from, transfer, or sell any part of the Services or Content on the Services for commercial purposes.

User Content Retention

Following removal of User Content or termination of your account by either you or us, we may keep your User Content for a commercially reasonable period of time for backup, archival, audit purposes, or as required by law. Copies of your User Content may remain and be shared and reused by us or other users. As noted above, license to use your User Content continues even if you stop using the Services.

Community Guidelines and Your Commitments

Saga is committed to fostering a safe and supportive community for all our users. By using our Services, you commit and abide to these ground rules to promote and maintain a safe, healthy, lawful, inclusive, and supportive environment for all users. We have the right to suspend or terminate your access to the Services if you violate these guidelines.

Safety first. As with any cycling or fitness activity, where participation in our Services is no exception, prioritize your physical safety and follow the rules of the road and local laws while cycling. Similarly, before engaging in any physical training exercises or following any nutritional plans that may arise out of your use of our Services, always seek advice from your medical professional and prioritize your wellbeing. Do not engage in or practice any unsafe riding techniques, physical training, or eating behaviors. This also means not posting any Content that demonstrates, promotes, or glamorizes any unsafe actions.

No cheating. Your participation with the Services will abide by fair play, and you will not attempt to game any part of the process to yield better results than you can genuinely perform. Your riding activity on your account and linked devices is generated by you and no one else. This includes but is not limited to having someone else ride with your cycling devices while logged into your account, or manually or programmatically spoofing or editing your riding data. It is in Saga’s sole discretion to review and determine which activities and behaviors are considered cheating, and we reserve the right to disqualify, suspend, or terminate the offending user’s account or their posted riding activity on the Services.

Commitment to sportsmanship. You commit to ethical behavior and general goodwill toward other users on the Services. For example, no trolling or flaming other users, or introducing obstacles and destructions after your completion of the cycling routes. The upkeep of the community’s integrity is shared by each and every user. If you see anyone breaching these Terms in any way, you are encouraged to flag the user on the Services or report the user to us.

No illegal activity. You cannot do anything unlawful or fraudulent while performing any activity on or in connection with the Services.

No soliciting personal data or spamming other users.

No impersonating. Any public profile data or personal data on your account must accurately and correctly be about yourself. Do not post any Content that may deceive others about your identity or misrepresent your association with other people or companies.

No disruptions or resource abuses. Do not interfere with the operation of our Services in any way, including but not limited to automated attacks or querying, exploitations, or abusing resources, such as reporting other users on groundless or fraudulent claims.

You cannot sell, license, or purchase any data found on the Services.

You cannot modify, translate, create derivative works of, or reverse engineer any part of the Services.

Risk and Informational Purposes

Your Assumption of Risk

YOU EXPRESSLY AGREE THAT ATHLETIC ACTIVITIES HAVE INHERENT RISK, AND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING FROM YOUR USE AND ACCESS OF THE SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY PARTICIPATION OF CYCLING AND FITNESS ACTIVITIES, AND ANY INTERACTIONS WITH OTHER USERS ONLINE OR IN PERSON. YOU FREELY AND VOLUNTARILY ASSUME THE KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, SUCH AS BODILY INJURY, PROPERTY DAMAGE, DISABILITY, OR DEATH.

You should always exercise sound judgment and follow local laws and regulations while cycling. We strongly recommend obtaining professional advice before taking any actions based on the Content available within the Services. Your use of the Services and reliance on any Content is solely at your own risk.

Not Medical Advice

YOU EXPRESSLY AGREE THAT SAGA IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT BETWEEN YOU AND SAGA.

Anything provided by, in, or through the Services (including but not limited to Content) is for informational purposes only. Nothing provided should be construed as medical advice or diagnosis, or used as a substitute or alternative to healthcare diagnosis and treatment. You should seek a medical professional for advice before beginning any fitness or diet plans or participating in any athletic activity that may be provided, discussed, or referenced by the Services. If you find anything provided by the Services to be inconsistent with the medical advice of your healthcare professional, you should follow the medical advice of your healthcare professional.

If you are being treated for a health condition or taking medication, you should consult your healthcare professional before using the Services. You agree that you are not using the Services or participating in any activities or plans offered by the Services for diagnosing or treating a health problem.

Third Party Applications and Devices

By virtue of the Services connecting to third party applications (such as Mapbox, Inc., Wahoo Fitness LLC, and Garmin Ltd, among others), we are not responsible for the accuracy, availability, or reliability of any information, content, data, advice, or statements made by them. You are not obligated to use the third party applications. Using them is entirely at your own risk, and we have no liability arising from your use of the third party applications. As such, we are not liable for any damage or loss caused by or in connection with the use of third party applications.

Our Services may be accessed through devices (such as your phone, cycling computer, or fitness trackers). We have no responsibility for your acquisition of any devices, and we do not guarantee that the acquired devices will work with the Services. See “Limitations” under “Registration and Usage” above.

Monitoring, Suspension, and Termination

Though Saga does not commonly monitor any user’s account to screen for conduct, personal data, or User Content, we reserve the right to do so at our sole discretion.

We also reserve the right to disable, suspend, or terminate your account or access to specific Services at any given time: (1) if we, at our own judgement, deem you are or have been infracting these Terms or their essence (as underscored in our Community Guidelines and Your Commitments), (2) if we, at our own judgement, decide you have posed risk or potential legal liability for Saga, the general public, any third party, or any user of our Services, (3) in accordance with requests by law enforcement or other governmental entities, (4) upon cessation or significant alteration of any Services, or (5) due to unforeseen technical difficulties or issues. We will aim to inform you via email or at your next attempted access to your account following any such disablement, suspension, or termination.

Disclaimers

Our Services and Content are provided on an “as is” and “as available” with faults basis, and we can’t guarantee that they will be safe, non-harmful, secure, accurate, correct, error-free, timely, available, reliable, and unobjectionable at all times. We do not warrant that our Services will meet your needs or requirements, or provide specific results.

TO THE EXTENT PERMITTED BY LAW, SAGA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We are not responsible for what you or other users do or say, and we assume no liability for any User Content created or shared on the Services. We are also not responsible for features, products, and services offered by other people and companies, even if you access them through our Services. You may be exposed to User Content that is unsafe, harmful, inaccurate, erroneous, inappropriate, or objectionable to you.

Creators are independent contributors and are not employees, agents, or representatives of Saga. As such, Saga does not assume any liability for the Content provided by Creators. Saga is not responsible for any damages or injuries that might result due to the use, misuse, or reliance of any Content provided by the Services, including cycling or fitness activities, diet plans, or advice.

We are not responsible for the supervision, inspection, preparation, or management of any races, contests, challenges, or group activities that use or rely on the Services.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

The disclaimers, limitations, and exclusions in this section apply to the maximum extent permitted by applicable law.

Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SAGA NOR ANY PARTIES INVOLVED (INCLUDING CREATORS) IN THE CREATION, DEVELOPMENT, MANAGEMENT, PRODUCTION, AND DELIVERY OF THE SERVICES AND ASSOCIATED CONTENT ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER AND DEVICES DAMAGE, PERSONAL AND BODILY INJURIES, OR EMOTIONAL DISTRESS RESULTING FROM OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE SERVICES AND CONTENT, (B) THESE TERMS, (C) ANY INTERACTIONS WITH OTHER USERS ONLINE OR IN PERSON, OR (D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT.

In no event shall Saga’s aggregate liability for any claim or dispute relating to the Services exceed one hundred U.S. dollars (US $100.00). The preceding does not affect any liability that cannot be excluded or limited under applicable law.

If applicable law does not allow for the limitations of liability declared in these Terms, then the above limitations may not apply to you.

Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify and hold Saga, its affiliates and personnel, harmless from and against any claims, liabilities, damages, losses, and expenses (including but not limited to reasonable legal and accounting fees) arising out of or in connection with (a) your use or misuse of the Services and any Content or personal data you access or share via the Services, (b) your activities in connection with the Services (including but not limited to cycling and fitness activities or interactions with other users online or in person), (c) your breach of these Terms, or (d) your breach of any laws or violations of any rights to other persons or entities.

Dispute Resolution

Resolution of Disagreements

Parties shall commit their utmost effort to resolve any disputes, queries, claims, or disagreements by means of direct, honest negotiations. These negotiations shall act as a prerequisite before either party initiates a lawsuit or arbitration. However, disputes pertaining to Saga's intellectual property rights (including but not limited to trademarks, domain names, trade secrets, copyrights, patents, and trade dress) or in case you opt out of this arbitration agreement, all disagreements arising from these Terms and your usage of our Services will be conclusively resolved by binding arbitration administered by JAMS (jamsadr.com), in line with its provisions and procedures for disputes related to consumers, barring any rules or procedures that govern or permit class actions.

The arbitrator, rather than any court or agency, shall have exclusive jurisdiction to settle all disagreements arising out of or related to these Terms. This includes, but is not limited to, any claim that all or any part of this agreement is void or voidable. The arbitrator shall have the power to grant whatever relief would be available in a court. However, the arbitrator will not have the authority to award damages, remedies, or awards that conflict with this agreement. The arbitrator’s award shall bind the parties and may be entered as a judgment in any court of competent jurisdiction. You and Saga expressly renounce the right to a jury trial where permissible. You also agree not to engage in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Saga is a party to the proceeding. The Federal Arbitration Act will govern this dispute resolution provision. You acknowledge that, without this mandatory provision, you would have the right to sue in court and have a jury trial. You further acknowledge that, in certain cases, the costs of arbitration could surpass the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Waiver of Class Action

Parties agree further that any arbitration will be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class action waiver outlined in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision outlined above will be deemed null and void entirely, and the parties will be deemed not to have agreed to arbitrate disputes.

How to Opt Out

You reserve the right to opt out and not be bound by the arbitration and class-action-waiver provisions outlined in this section by sending written notice of your decision to opt out to the following address: Saga One, LLC., Attn: Legal Department, 74 E Glenwood Ave Unit #5453 Smyrna, DE 19977. The notice must include your name, address, phone number, and email address. The notice must also be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Saga also will not be bound by them. Additionally, if you choose to opt out of these arbitration provisions, Saga may terminate your use of the Services.

Law and Forum Selection

Any action related to the Terms, your content, the Services, and your relationship with Saga will be governed by, construed, and interpreted in accordance with the laws of the State of Delaware, disregarding its conflict of laws principles. IT WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Resolution of Disagreements”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in the District of Delaware. You consent to the exclusive jurisdiction of the federal or state courts within the District of Delaware. If any party brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may deem reasonable for attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Services are controlled by Saga from its offices within the United States of America. Saga makes no representation that the content or Services are appropriate or available for use in other locations. Access to or use of the Services and your content from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.

Updates to Our Terms

We reserve the right to revise these Terms at any time for any reason. Some of these reasons include but are not limited to: changing our offerings and business operations, adhering to legal and regulatory obligations, or enforcing and preventing misuse of the Services. If we deem the changes material, we will notify you. Continuing to access or use the Services after changes to our Terms signifies your acceptance of the updated Terms. Should you disagree, your only recourse is to discontinue using the Services.

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