Terms of Service

Last Updated: March 15, 2017

These Terms (“Terms”) applies to our website www.sherlock.bike (“Website”), our products and services ( “Sherlock Products “), available at our Website,  our software (” Sherlock Software”) and our mobile app for iOS and Android (” Sherlock App” or “App”).

These devices, Website, software and app are collectively referred to herein as “Services Sherlock”.

By accessing or using the Website or the Sherlock Services, you agree to adhere to and to be bound by the Terms.

These Terms may be modified by Sherlock: the User can read the most recent version of the Terms at any time at this page on the Site. In the event of minor changes to the Terms, which does not involve any material changes to the User rights, the modified Terms will be published on this page of the Website. In case of changes that lead to material changes in the User’s rights, Sherlock will notify the User via e-mail, or through the Sherlock Service.  Any use of the Sherlock Service after the publication of an amendment implies the acceptance of the new revised Terms.

Please read our Privacy Policy

Any information collected through the use of Sherlock Service is subject to our Privacy Policy, which forms part of these Terms.

Using Sherlock Service

Sherlock provides an anti-theft solution based on the real-time location of the bicycle, which helps cyclists  locate their  bicycle at anytime and help them retrieve it in case of theft. This solution consists of a combination of the Product Sherlock, which is an electronic device designed manufactured, distributed or sold by or on behalf of Sherlock, and a service accessible through the Sherlock App, downloadable on smartphones.

Our services are not intended for persons under 13 years and not excluded from the right to receive services under applicable laws. You can connect to the service using the Sherlock Product; Sherlock App; Software Sherlock; the Website ( “authorized Connections”).

The Sherlock Service is for personal use only. Sherlock grants you a limited, non-exclusive, non-assignable, non-transferable right to (1) access and view contents Sherlock, (2) access and use of software and applications for mobile devices provided by Sherlock Service and (3 ) use the software embedded in Sherlock products as authorized in these Terms. This license is exclusively provided for the User’s personal use,  as permitted in these Terms.

Creation of Sherlock Account

To access the data collected and shared by the Sherlock Product to our App, Users must create a mobile App account (”Sherlock App Account”). When creating a Sherlock App Account, some personal data are required, including email address and date of birth. Users agree to provide, maintain and update such personal information true, accurate, current and complete, and are responsible for all activities that are carried out in relation to their Sherlock Account.

Sherlock is not responsible for any loss or damage incurred as a result of a loss of confidentiality of the User credentials on the Sherlock App. You agree not to impersonate any other person or entity and / or do not make false claims about his identity, including the use of your username, password or any other information relating to the account of another person, including the name, preferences, and image. You further agree to immediately communicate at support@sherlock.bike.it any unauthorized use of your username, password or other information relating to ‘Sherlock Account or any other breach of security of which you have come to knowledge. Sherlock reserves the right to suspend or terminate the ‘Account Sherlock and the ability to use the Sherlock Service, the occurrence of such cases.

Sherlock will contact you in order to manage the use of Sherlock Service. These communications are part of Sherlock Service, and You cannot choose not to receive it; however, You can exclude the receipt of other notices and update your e-mail address from dell ‘Sherlock Account settings.

You can cancel your account at any time by contacting customer support, the e-mail support@sherlock.bike.

Devices

The anti-theft solution for bicycles designed and sold by Sherlock consists of a combination of an electronic device (” Sherlock Products “), designed to be installed inside the handlebar, and a service (” Sherlock Services “) available through App (“Sherlock App”) on smartphones (not provided by Sherlock).

The full use of the Service is subject to the use of Sherlock Product, i.e. the exclusive electronic device created manufactured, distributed or sold by or on behalf of Sherlock, in connection by Bluetooth with the Sherlock App, downloadable on the User’s smartphone. Sherlock will not provide ant mobile device, so Users are informed of the fact that the maintenance and security of the smartphone can affect the performance of Sherlock Service, thus Users are responsible for ensuring the proper functionality and access to the Internet through their smartphones or other mobile devices.

You may not use the Sherlock Service without using  our Product in connection with the Sherlock App: the use of any fake or counterfeit versions of the Sherlock Product or the Sherlock App is prohibited, thus Sherlock is not responsible for any problems in providing its  Service. Any violation or attempted violation of this provision may result in immediate termination of all Sherlock Services.

All Sherlock Services requires the following operating systems: iOS 9 and later or Android 4.4 and later.

Users’ content

You can publish on Sherlock Service: pictures, routes, comments and other content ( “User Content”).

You explicitly warrant that you are the sole owner of the User Content and / or have all rights necessary to grant to our company a license to use the User Content as described in these Terms. You further represent and warrant that the User Content and the use and supply of goods in the Sherlock Service does not: (a) transgress, will account for embezzlement or violate any patent, copyright, trademark, trade secret, or other third parties intellectual property right, moral right or right of publicity or privacy; (B) violate or encourage any conduct that violates any law or regulation or commences to civil liability; (C) be fraudulent, false, misleading or deceptive; (D) be defamatory, obscene, pornographic, vulgar or offensive; (E) promote discrimination, bigotry, racism; f) will be violent or threatening, or promote violence or actions that threaten persons or entities; (G) promote illegal or harmful activities or substances; (H) publicize or promote commercial products or services of others even if lawful.

By publication of User Content, the User grants to Sherlock a non-exclusive, assignable, transferable to third parties, valid worldwide, royalty-free to use, copy, modify, publicly display, publicly perform and distribute User content solely in connection with the operation and provision of Sherlock Service.

Sherlock content

” Sherlock Content ” may include any text, graphics, images, music, software, audio, video, works of authorship, or any kind or information or other material that is published, produced, supplied or made available by the Sherlock Service. You agree to use but not eliminate, modify or obscure any copyright, trademark, service mark or other notices owned by Sherlock.

Improper use of our Service

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, publicly display, publicly perform, transmit, disseminate or otherwise exploit the Sherlock Content, the Sherlock Service or any part thereof, except as expressly permitted in these Terms.

Except to the extent permitted by law, you cannot run, groped to perform or encourage or assist others in the execution of any of the following while accessing or using the Sherlock Service: (1) use, to mirror or framing of Sherlock Service or any individual item within the Sherlock Service, the name Sherlock, Sherlock any trademark, logo, or other proprietary information or layout and design of any page or form contained on a page without ‘ express written consent of Sherlock; (2) access or tamper with non-public areas of Sherlock Service, IT systems Sherlock or technical systems of delivery of Sherlock suppliers; (3) test the vulnerability of any Sherlock system or to breach security or authentication measures; (4) circumvent any technological measure implemented by Sherlock or any supplier or third party (including another User) to protect the Sherlock Service or the Content; (5) access the Sherlock Service or the Sherlock Content through the use of any mechanism different from the use of an unauthorized connection, the Sherlock Service or API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise groped to derive the source code of any software that Sherlock provides the User or any other part of the Sherlock Service.

Rights and Guarantees of execution of Sherlock

Sherlock does not have any obligation to monitor the access and / or the use of Sherlock Service, Sherlock Content or User Content or to revise or modify the User Content, but Sherlock will have any right to protect the Sherlock Service and to ensure compliance with these Terms and applicable law or other legal requirements.

Sherlock may contact the law enforcement, to give them notice of any illegal act and collaborate with them following a valid legal process, if this is related to the violation of these Terms of Service. Sherlock have the right to investigate about any violations of these Terms, and to remove or disable any access to Sherlock Service, Sherlock Content or User Content at any time, without notice and in its sole discretion, if it emerges that the Sherlock Content, User Content or the Users ‘ use of the Sherlock Service are dubious or may violate  Terms.

Sherlock is not responsible for the accuracy, reliability, effectiveness, or correct use of any information that the User receives through Sherlock Service. Maps, directions or other information or GPS navigation, including data related to the current position, may be unavailable, inaccurate or incomplete. You agree to rely on Sherlock Services at your own risk.

Contests and promotional giveaways

Additional terms and conditions may apply to competitions, promotional giveaways, contest and other promotions sponsored by Sherlock and its partners.. In case of conflicts, terms and conditions of these prize events or promotions will prevail on the provisions of this Terms.

Limitation of liability for third-party services

The Sherlock Service contains links to Web sites, apps, and services from third parties (collectively “Third Party Services”) that are not under the control of Sherlock. These links are provided to assist the User, therefore Sherlock is not in any way responsible for the content, products or services provided by third-party services. You acknowledge sole responsibility of the third parties in relation to such services and assumes all risk resulting from the use of such third party services.

Changes

Sherlock may modify or temporarily or permanently suspend any feature or component of the Sherlock Service, at any time  and without notice. Sherlock is not responsible to Users or any third party for any modification, suspension or discontinuance of any feature or component of Sherlock Service. We reserve the right to determine the timing and content of software updates that can automatically download and install the products Sherlock without prior notice to you.

Resolution

If you breach these Terms, we reserve the right to deactivate the Sherlock Account or terminate these Terms, in our sole discretion, at any time and without notice or liability to You. At the time of such termination the User Content and other information related to their account will be deleted.

Limitation of Liability

Sherlock will not be liable for any (1) inaccuracy or software failure; (2) loss or damage (including without limitation, consequential, indirect, incidental, special or exemplary) resulting from the download or use of the software or caused by inaccuracy, error or damage the software.

If any provision above is not valid under current legislation, the Sherlock liability will be limited to the maximum extent permitted by law.

Sherlock does not warrant that the Sherlock Service or the Sherlock Contents encounter the User’s requirements or be available on of an uninterrupted, secure or error free basis. Sherlock doesn’t provide any guarantee about to the quality, accuracy, timeliness, completeness or reliability of the Sherlock Service or of the Sherlock Content. You agree to rely on Sherlock Services at your own risk.

Indemnification

The User shall indemnify and hold harmless Sherlock and its officers, directors, employees and agents from and against all claims, proceedings, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable attorneys’ fees arisen or somehow related (i) the User’s access to or use of Sherlock Service, (ii) the User content, or (iii) the User’s breach of any warranty made by it pursuant to this document or violation by the same of any other provision of these Terms.

Dispute Resolution

You agree that any dispute between you and Sherlock arising from or in connection with these Terms of Service, the Sherlock Service, will be subject to the jurisdiction of the Italian judge and application of Italian law.

In any case, Sherlock and the User will try to achieve an informal settlement of disputes, before bring an action to the judicial authorities. The User therefore undertakes to try to resolve a dispute informally by contacting the support@sherlock.bike address. Sherlock will attempt to resolve the dispute informally by contacting the User via e-mail. If the composition is not resolved within 15 days, from the first User email, Sherlock will have the right to file a lawsuit.

General terms

Except as otherwise provided herein, these Terms of Service and the related Sales Conditions constitute the whole Agreement between Sherlock and the User with respect to Sherlock Service

The latest version of these Terms revokes and supersedes any prior / or understanding or oral agreement or written / or between Sherlock and the User with respect to the Sherlock Service and the Sherlock Content.

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Sherlock. Any attempt to assign or transfer these Terms without such consent shall be void. Sherlock may freely assign or transfer these Terms without restrictions. In compliance with the foregoing, these Terms will bind to the benefit of the parties their successors and permitted assigns.

Any notice or other communication provided / to be Sherlock under these Terms, including the one regarding changes to these Terms will be formulated: (i) by mail; or (ii) by publication in the Sherlock Service. For notices made by e-mail the date of receipt of the message will be that in which such notice is sent.

The failure by Sherlock of any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of such right or provision shall be valid and effective only if resulting in a written document and signed by a duly authorized representative of Sherlock.

Sale conditions

Our Sale Conditions apply to purchases made through the store Sherlock on the Site: www.sherlock.bike.it. All orders are subject to acceptance of Sherlock. Sherlock have any right to accept, reject or put limits on the User orders for any reason. Please check here our Sale Conditions.

Additional Terms

Additional terms may possibly be applied to complete Sherlock discretion to certain products or services. In the event there is a conflict between these Terms and any additional term, the additional terms will prevail.

Contacts

For any questions about these Terms, please contact Sherlock

Sherlock S.r.l.

Corso Castelfidardo 30/A

10129 Torino, Italia
support@sherlock.bike