Last updated March 8, 2025
Cadence is licensed to You (End-User) by Seven Bold Limited, located at PO Box 109, Manson, Washington 98831, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store or Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Seven Bold Limited, not Apple or Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Seven Bold Limited acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
TABLE OF CONTENTS
- THE APPLICATION
- SCOPE OF LICENSE
- TECHNICAL REQUIREMENTS
- MAINTENANCE AND SUPPORT
- USE OF DATA
- LIABILITY
- WARRANTY
- PRODUCT CLAIMS
- LEGAL COMPLIANCE
- CONTACT INFORMATION
- SUBSCRIPTIONS
- TERMINATION
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
- INTELLECTUAL PROPERTY RIGHTS
- APPLICABLE LAW
- MISCELLANEOUS
1. THE APPLICATION
Cadence (hereinafter: Application) is a piece of software created to record running and cycling activities.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple or Google’s Terms and Conditions, and with Seven Bold Limited’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Seven Bold Limited’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Licensor reserves the right to modify the terms and conditions of licensing.
2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Seven Bold Limited and the End-User acknowledge that Apple and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://getcadence.app/privacy-policy.
6. LIABILITY
Using Cadence while cycling, running, driving, or any other activity that requires your attention is entirely at your own risk. By using the Application, you fully accept this risk and responsibility.
6.1 Licensor’s Liability
Licensor’s liability for violation of contractual obligations and in tort shall be limited to cases of intent and gross negligence. Only in cases involving a breach of essential contractual duties (cardinal obligations) shall Licensor also be liable in instances of slight negligence. In all cases, liability shall be limited to foreseeable and contractually typical damages. The above limitations do not apply to injuries affecting life, limb, or health to the extent required by law.
6.2 User Responsibility
You acknowledge and agree that you are solely responsible for your conduct and any consequences resulting from your use of the Application. This includes your safety while operating a bicycle, motor vehicle, or any other mode of transportation. You must obey all applicable local laws and regulations, remain alert, and ensure that your use of the Application does not compromise your ability to safely operate your vehicle or perform activities safely.
6.3 Safe Use of Application
You explicitly agree not to physically interact with the Application (such as typing, reading detailed information, or adjusting settings) while operating a bicycle, motor vehicle, or other moving mode of transportation. If you must interact with or adjust the Application, you agree to first stop in a safe and lawful location. Failure to comply with this requirement is dangerous, entirely at your own risk, and you explicitly release the Licensor from any liability for resulting injuries, damages, or losses.
6.4 Radar Data Disclaimer
If you connect a bike radar sensor, the Application will display radar data provided by your sensor for general situational awareness purposes only. The accuracy and reliability of radar data depend entirely on your radar hardware and environmental conditions. Licensor makes no warranties or guarantees regarding radar detection accuracy or reliability. Radar data should not replace your own attentiveness, and you must always remain alert to your surroundings. Licensor shall not be held liable for any injuries, damages, or losses resulting from reliance on radar data, radar sensor failure, or any incident occurring due to radar misdetection or failure to detect objects.
6.5 Navigation and Map Data Disclaimer
The Application may provide navigation instructions or map data for general informational purposes only. Licensor makes no warranties or representations regarding the accuracy, completeness, reliability, or timeliness of navigation instructions or map data. Reliance on such information is at your own risk, and you agree not to hold the Licensor liable for any injuries, damages, or losses resulting from using or following navigation instructions or map data provided by the Application.
6.6 Assumption of Risk and Release of Liability
You acknowledge that bicycling, running, or traveling using turn-by-turn navigation carries inherent risks, including risks of accidents and injuries. You assume all responsibility for such risks and explicitly agree to release and discharge the Licensor from any and all claims, injuries, damages, or losses arising from your athletic or transportation activities or your use of the Application, even if caused, in whole or in part, by the negligence of the Licensor. You further agree that you will not sue or otherwise bring legal action against the Licensor for any claims or injuries resulting from such risks, to the fullest extent permitted by applicable law.
6.7 Limitation of Liability
Subject to Section 6.1, and to the maximum extent permitted by applicable law, Licensor shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to personal injury, property damage, or financial loss, arising from or connected with your use of, or inability to use, the Application, even if Licensor has been advised of the possibility of such damages. In jurisdictions that restrict the exclusion or limitation of liability, the Licensor’s liability shall be limited to the greatest extent legally permissible.
6.8 Indemnification
You agree to indemnify, defend, and hold harmless the Licensor, its officers, employees, and affiliates, from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) brought by any third party arising from or related to your use of the Application, including but not limited to injuries, property damage, or other harm caused by your actions while using the Application.
6.9 Data Backup and Alteration
Licensor is not liable or responsible for damages arising from your failure to comply with Section 2 (Scope of License) of this Agreement. To prevent data loss, you must utilize the Application’s backup features to the extent permitted by applicable third-party terms. You acknowledge that unauthorized alterations or manipulations of the Application may result in loss of access to the licensed Application, and Licensor shall have no liability or obligation to restore access or data lost due to such unauthorized alterations.
7. WARRANTY
7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Seven Bold Limited’s sphere of influence that affect the executability of the Application.
7.3 You are required to inspect the Application immediately after installing it and notify Seven Bold Limited about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
7.4 If we confirm that the Application is defective, Seven Bold Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
8. PRODUCT CLAIMS
Seven Bold Limited and the End-User acknowledge that Seven Bold Limited, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
9. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Seven Bold Limited
PO Box 109
Manson, WA 98831
United States
support@getcadence.app
11. SUBSCRIPTIONS
Cadence is free to use, though some specific features are limited to the Pro and Elite subscriptions. See the Pricing page for current features.
Payment will be charged to your Apple or Google account at confirmation of purchase. Your subscription renews automatically unless cancelled at least 24 hours prior to the end of the current period. Cancellation of the current active subscription period is not allowed. Auto-renewal may be turned off in your Account Settings in the applicable store the app was purchased from. You can also manage your subscriptions in Account Settings after purchase.
12. TERMINATION
The license is valid until terminated by Seven Bold Limited or by You. Your rights under this license will terminate automatically and without notice from Seven Bold Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Seven Bold Limited represents and warrants that Seven Bold Limited will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Seven Bold Limited and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Seven Bold Limited, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This license agreement is governed by the laws of the State of Washington excluding its conflicts of law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
