Professional Beta Tester Terms of Use

1. Who We Are and Who These Terms Are For

1.1. These Terms are an agreement between you and John Gould, trading as DialedRide ("DialedRide", "we", "us"). "The Software" means the DialedRide KineMetric professional workspace and its related services, including the clinic portal and the rider upload page.

1.2. The Software is offered only to professionals, such as sports science, coaching, bike fitting and clinical practitioners, acting in the course of their business. It is not offered to consumers. If you accept these Terms on behalf of an organisation, you confirm that you have authority to bind it.

1.3. The Software is in beta testing and is provided "as is" for evaluation. During the beta we may change how files are parsed, analysis thresholds, features and report formats. We will give you reasonable notice of any change that materially reduces what you can do with the Software.

2. Professional Judgement and Liability

2.1. Decision support only: The Software reads recorded ride telemetry and produces mechanical metrics, such as work (kJ), torque effectiveness and left/right balance. It does not diagnose medical conditions, prescribe treatment or rehabilitation, or set bike fit coordinates.

2.2. Your responsibility: You remain solely responsible for the advice, adjustments, coaching and treatment decisions you give your clients or patients, including decisions informed by the Software's outputs.

2.3. Indemnity: You will indemnify us against claims brought against us by your clients or patients to the extent that those claims arise from your professional advice or services, or from your use of the Software in breach of these Terms.

2.4. Excluded losses: Subject to section 2.6, we are not liable for any loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss.

2.5. Liability cap: Subject to section 2.6, our total liability arising under or in connection with these Terms in any 12-month period is limited to the greater of the fees you paid us in that period and £100.

2.6. What we do not limit: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

3. Intellectual Property and Permitted Use

3.1. Ownership: The Software, including its source code, telemetry parser, analytical models and algorithms, scoring methods, thresholds, report layouts and interface designs, and all intellectual property rights in it, belong to John Gould. Parts of the Software contain confidential information and trade secrets.

3.2. Your licence: We grant you a non-exclusive, non-transferable, revocable licence to use the Software for your own professional practice while your access lasts. Your access does not give you any right to distribute, resell, sub-license or white-label the Software, and does not transfer ownership of any part of it.

3.3. Restrictions: You must not, and must not help anyone else to:

1. copy, modify, distribute, sell or publicly display the Software or any part of its code;
2. decompile, disassemble or reverse engineer the Software, or attempt to derive its source code, algorithms, formulas or thresholds;
3. use bots, scrapers, crawlers or other automated tools to access the Software, or to extract data, logic or threshold parameters from it;
4. use the Software, its outputs, or anything learned from using it, to build or improve a competing product or service; or
5. circumvent, disable or interfere with any security control, obfuscation, access restriction or account permission.

3.4. Rights the law gives you: Section 3.3 does not restrict anything you are entitled to do under the Copyright, Designs and Patents Act 1988 (including sections 50A to 50BA), or under any other law that cannot be excluded by contract.

3.5. Breach: If you breach section 3.3, we may suspend or end your access immediately under section 8. We may also seek any remedy available to us, including an injunction, and damages or an account of profits for infringement of copyright or misuse of trade secrets.

4. Your Data and Where It Is Processed

4.1. Workspace data stays on your device: Rider records, ride files (FIT), imported documents, reports and archives that you create in the workspace are stored in your browser's local storage on your device, and the analysis of them runs in your browser. We do not receive them unless you use one of the features in section 4.2. Clearing your browser data deletes them, so keep your own exports and backups.

4.2. Features that use our hosted services: Some features use hosted services. Our database and file storage run on Google Cloud (Firebase) in the United Kingdom (London):

1. Account and billing: your email address, sign-in details, and access and subscription status. Payments are processed by Stripe; we do not receive your full card details.
2. Website: our website is hosted by 123 Reg, whose servers record visitors' IP addresses and requests in access logs.
3. Clinic portal and rider uploads: when a rider uses your upload link, the ride files and intake forms they send, the client link details, and any report you publish to them are stored in our cloud storage and database so that you and that rider can access them. When you import an upload or intake form into your workspace, we delete our copy of the ride file, its recording, its summary figures and the intake form. We keep only a status record, holding the upload's identifiers, file name, status and dates, so that you can publish a report back to the rider. Anything not imported is deleted automatically 14 days after it arrives. A status record is deleted 14 days after you import the upload, or, if you publish a report, the report and its status record are deleted 14 days after you publish it.
4. Emails: sign-in codes and invitations are sent through Fastmail.

4.3. Your role: You are the controller of your clients' and patients' personal data, including health-related data. You are responsible for having a lawful basis to process it, for giving them privacy information, and for complying with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

4.4. Our role: Where we store or process that personal data for you under item 3 of section 4.2, we act as your processor. We will: (a) process it only to provide the Software and in line with these Terms, which are your documented instructions; (b) make sure people who can access it are bound by confidentiality; (c) keep appropriate technical and organisational security measures in place; (d) use only the sub-processors named in section 4.2, and tell you before adding or replacing one; (e) help you respond to requests from individuals and meet your security, breach-notification and impact-assessment obligations; (f) tell you without undue delay after becoming aware of a personal data breach; (g) delete the data as described in item 3 of section 4.2, and in any case when your access ends, unless the law requires us to keep it; and (h) make available the information you need to show that these obligations are met.

4.5. International transfers: Rider uploads, intake forms, reports and account records are stored in the United Kingdom. Sign-in (Firebase Authentication), Stripe and Fastmail may process data outside the UK. Where they do, we rely on appropriate safeguards recognised under UK data protection law.

5. Confidentiality

5.1. During the beta, the Software's unreleased features, interface, analytical methods and workflow are confidential. You must not share screenshots, screen recordings or descriptions of them publicly, or with any competitor, without our written permission.

5.2. This does not stop you from sharing reports and other outputs with your own clients or patients, or with other professionals involved in their care, as part of your normal practice. It also does not apply to information that becomes public through no fault of yours, or that you are required by law to disclose.

6. Feedback

6.1. If you give us feedback, feature requests or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them to develop and commercialise the Software, without attribution or payment to you.

7. Changes to These Terms

7.1. We may update these Terms. Each version is dated. When we do, we will ask you to review and accept the new version before you continue to use the workspace. If you do not accept it, you may stop using the Software.

7.2. We keep a record of which version of these Terms you accepted and when.

8. Suspension and Ending Access

8.1. You may stop using the Software at any time.

8.2. We may suspend or end your access immediately if you materially breach these Terms, including section 3.3, or where this is needed for security or legal reasons. We may also end the beta programme on reasonable notice.

8.3. Paid subscriptions are also subject to the checkout and billing terms shown when you subscribe. If we end your access because you materially breached these Terms, you are not entitled to a refund of fees for the current billing period, unless the law requires otherwise.

8.4. Sections 2, 3, 4.4 (for as long as we hold your data), 5, 6 and 9 continue after your access ends.

9. Governing Law and Jurisdiction

9.1. These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales.

9.2. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising under or in connection with these Terms.