General Terms and Conditions of Use

A. Introduction

BKOOL, SL (hereinafter, “BKOOL”), is the company that owns this website, whose corporate details can be found at Legal warning.

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name www.bkool.com and its subdomains (hereinafter, "the Website”), as well as the contracting of its services through it.

The simple access to the Website attributes to the person who performs it the condition of User of the Website (hereinafter, “the “User”) and implies acceptance of the general conditions of use of the Website. In case of not agreeing with these General Conditions, the User must immediately leave the Website and refrain from using it.

Likewise, the contracting of the services implies that the Users read and accept, in advance and expressly, the contracting conditions that are included below and that they will be binding between the buyer and the owner of the Website.

By accepting these General Conditions, the User states:

a. That she has read, understands and understands what is stated here.

b. That, if you are willing to contract our services, you have sufficient capacity to do so.

c. That 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 discretion. The notice will be made by means of a visible message on the Website.

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

Access to the Website and use of the service after the update of its conditions will imply that the new conditions are accepted.

The rules that govern this Website are:

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

General Conditions of use of the website

1. Legal warning

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

• Owner: BKOOL, SL (hereinafter referred to by its commercial name, “BKOOL”).
• Headquarters and establishment: C/San Joaquín, 3, 28231 – Las Rozas (Madrid), Spain.
• NIF: B-98125024
• E-mail: info@bkool.com
• Support center: https://support.bkool.com/

Registry data: Mercantile Registry of Madrid, volume -28917, folio -75, section 8a, page -, M-520691inscription 11a.

2. Definitions

• Website: Platform that is made available to users through the domain name http://www.bkool.com.
• BKOOL Subscription: consists of the BKOOL Cycling and Fitness subscription (Free or Premium) that BKOOL makes available to Users through the Website for download.
• User: Is the natural person who browses the Website https://www.bkool.com, regardless of whether it reachesacquire a BKOOL Cycling and Fitness Free Trial subscription or Premium subscription in the same.
• Registered User: Is the natural person who has registered on the Website https://www.bkool.com and access the user area using your personal username and password.)
• Customer: Is the User who acquires a Subscription through the Website.
• Services: The BKOOL Cycling and Fitness subscription acquisition service and all the functionalities that the Website https://www.bkool.com offers to Users.)

3. Access to the Website

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

4. Rules of 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, not using them to carry out illicit or criminal activities that violate the rights of third parties and/or that violate any rules of the applicable legal system.

The User agrees to:

a) Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or that violate human rights.

b) Do not introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its providers 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 fundamental rights and public freedoms recognized constitutionally and in international treaties.

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

e) Do not transmit unsolicited or authorized advertising, publicity material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.

f) Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

g) Not impersonate other Users using their name or nickname (nickname) or their access codes to 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 implies a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.

i) Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of communications and the legislation of personal data. The User undertakes to keep BKOOL harmless from any possible claim, fine, penalty or sanction that may be required to be borne as a result of the User's failure to comply with any of the aforementioned rules of use, and BKOOL also reserves the right to request the corresponding compensation for damages.

5. Content and services linked throug the Website

The Website may contain technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, BKOOL will only be responsible for the content and services provided on the Linked Sites to the extent that it is aware of their illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, they may communicate it to BKOOL, without in any case this communication entailing for BKOOL the obligation to remove the corresponding link.

In no case should the existence of Linked Sites presuppose the formalization of agreements between BKOOL and those responsible or owners thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by BKOOL.

Unless expressly stated otherwise on the Website, BKOOL does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages that their illegality, quality, outdated, unavailability, error and uselessness may cause. produce the User or any third party.

6 Intellectual and industrial property

All the contents of the Website, understood as merely enunciative 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 third parties, without it being understood that any of the exploitation rights recognized by current regulations regarding intellectual property over them have been transferred to the User.

The trademarks, trade names or distinctive signs published on the Website are the property of BKOOL or third parties, without any rights over them being understood to be transferred to the User.

The User, both in the BKOOL Cycling and Fitness subscriptions in their Free and Premium versions, can create or import their own workouts (training by work zones) or upload the routes they take (in video format, in GPX file and/or similar) to the Website on which the User accepts the irrevocable assignment of the intellectual property rights derived from them (use, reproduction, distribution, public communication and transformation) to BKOOL for use for the maximum duration of the rights. and for all the territories of the world. Likewise, at the moment in which the User decides to unsubscribe from the Services, BKOOL will anonymize any data that would allow the User to be identified.

7. Prohibition of reverse engineering actions

Any act of reverse engineering that involves decompiling the computer elements that are 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 Website has a section called "Share" available to registered Users. The User's activity in relation to other Users must always be based on the User's obligations described in these conditions.

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

C. General contract conditions

1. Characteristics of BKOOL Subscriptions

The main characteristics of the BKOOL Subscriptions through the Website can be consulted in the descriptive file itself that can be consulted on the Website. From the Website, the User may contract theFree Subscription (Free Trial) and Premium Subscription.

2. Discharge procedure

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

a) Free Subscription (Free Trial)

The procedure for hiring the Free BKOOL Subscription through the Website is as follows:

2.1. The User may click on the "Free trial" button and must register on the Website by completing the required personal data (name, surname, email), as well as choosing a password to register with BKOOL. All data entered by the User must be accurate, current and truthful. In addition, the User must expressly accept these General Conditions and the Privacy Policy of the Website; overcome the captcha and click on the “Sign Up” button.

2.2. The User will receive a confirmation email of registration on the Website in the email 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 choose the Premium Subscription modality that they wish to contract (monthly or annual) once the Free subscription ends and complete on the screen “1. Billing Data” the required billing data and enter in the NIF in case you want an invoice.

23. Subsequently, the User must complete on the screen “2. Payment details” the payment method to be used, which can be made by card (you must provide the cardholder data, card number, expiration 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 PAYCOMET SL or STRIPE Payments Europe Ltd., companies with PCI/DSS level 1 certification, which guarantees the security of the payment procedure. The User can include the discount coupon code at this time, if applicable

2.4. Once the billing information has been completed, on the screen “3. Confirmation”, the activation of the Free BKOOL Subscription to the User and its duration will be confirmed, as well as the corresponding links enabled to proceed with the download of the Bkool Cycling and Fitness application.

2.5. If the User is already registered at BKOOL, they must identify themselves by means of their email and password and click on the button labeled “enter”.

b) Premium subscription

Once (i) the 30-day period of the Free BKOOL Subscription ends or (ii) the User has selected "Become Premium" on the subscription screen before the aforementioned period, the User will have access to the functionalities of the BKOOL Cycling Subscription and Fitness Premium, having to pay the corresponding amounts according to the billing modality selected (annual or monthly).

The subscription in Premium mode will be renewed automatically and indefinitely for periods of the same duration as the one initially selected by the User at the time of contracting.

3. Confirmation and modification of the BKOOL Subscription

The User will receive, at the email address designated in the registration form, an email confirming the correct completion of the purchase process.In the event that the User wishes to modify his BKOOL Subscription (billing address, payment method, subscription frequency), he may do so from the subscription screen. Likewise, the Free BKOOL Subscription User may select on this screen the possibility of upgrading the BKOOL Subscription to Premium and the User who has already purchased the BKOOL Premium Subscription may upgrade it by subscribing to the Giro d'Italia Virtual subscription (via www.girovirtual.com) for which the User must register accepting its Terms of Use and Privacy Policy. (include respective links)

All BKOOL subscriptions are personal and non-transferable for the User who formalizes them, who cannot assign or transfer them to any third party.

4. Cancellation

The User of the BKOOL Free and Premium Subscription may cancel his account when he deems it appropriate. The cancellation of the Subscription will take effect (i) when the Free BKOOL Subscription ends; (ii) or on the corresponding payment renewal date in the case of the BKOOL Premium Subscription.

5. Password

The registered User will be responsible at all times for the custody of their password, assuming consequently any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents of the Website made under the password of a registered User will be deemed to have been made by said Registered User, who will be liable in all cases for such access and use.

6. Correction and identification of errors in data entry

When the User forgets to fill in any information marked as mandatory by means of an asterisk, they will not be able to advance in the contracting or validation process until it has been filled in. A message on the screen will warn you of this circumstance. The User may review and modify the data of the order before finalizing it.

7. Price

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

The prices and currencies that will be shown to the User will vary depending on their geographical location, which will be determined automatically based on the IP from which they access the Website (United Kingdom: Pound sterling; rest of the European Economic Area and South Africa: Euro ; rest of the world: US dollar). Said prices, unless expressly stated otherwise, do not include any other additional and/or complementary services to the purchased Subscription.

8. Accepted payment methods

The payment methods accepted by BKOOL are the following:

• Credit card.
• Payment through PayPal.

BKOOL only accepts the following credit cards as payment methods: 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 will be made in accordance with the contracting conditions established by PayPal Spain, SL, available on its web site,, BKOOL not being responsible in any case for incidents arising from this payment service.

9. Sending invoices

The User knows and accepts that BKOOL will only send their invoices to the email address provided during the registration process, and provided that the User requests it in writing to the email address: administracion@bkool.com. Invoices will only be available in Spanish and English.

Right of withdrawal

In accordance with the provisions of article 103.m) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, The User may not withdraw from the contract for the supply of digital content not provided on a material support, when the execution has begun with the prior express consent of the User with the knowledge on his part that he consequently loses his right of withdrawal.

In the case of BKOOL, this circumstance affects the Premium subscription, since its execution begins after formalizing its contract, which the User knows and accepts.

In the case of an Annual Premium subscription, the User will have 14 calendar days from the collection of the fee to exercise their right of withdrawal, in which case the full amount paid will be refunded. In the case of a monthly Premium subscription, withdrawal is not possible.

10. Complaints, claims and requests for information

The User can address their complaints, claims or requests for information to BKOOL's Customer Service, using for this purpose: Support center.

BKOOL will respond to the claims received as soon as possible and in any case within a maximum period of one month from the filing of the claim.

BKOOL will provide the User with an identification key and a written receipt, by email, so that the User has proof of their complaint or claim.

BKOOL has official claim/complaint forms, to BKOOL Customer Service.

11. Special offers and promotions

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

12. Validity of the contracting conditions

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

In the case of modification of these contracting conditions, it will be understood that the User accepts them if he does not cancel the automatic renewal of his BKOOL Subscription, once he has been informed of the modification of the same.

13. Nullity and ineffectiveness of the clauses

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else. , considering such provision totally or partially as not included.

14. Right of exclusion

BKOOL reserves the right to withdraw, restrict and/or deny access to the Website, without prior notice, to emails with certain domains, or to users from certain countries, due to legal imperative, judicial or administrative order, or security reasons. of the company itself, its infrastructure or its services or for business reasons.

15. Applicable law and jurisdiction

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

16. Out-of-court conflict resolution

BKOOL reserves the right to file the civil and/or criminal actions it deems appropriate for the improper use of its Website and content or for the 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 will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises, the parties may submit their conflicts to arbitration or go to the ordinary jurisdiction, complying with the rules on jurisdiction and competence in this regard, with submission to the forum of the consumer's domicile.

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

Link to claim form:

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

Link to the conflict resolution bodies search engine:

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

17. Prevalence of the Spanish language version

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

18. Use of the Apps

By downloading or using the app, you automatically agree to these terms. Make sure you read them carefully before using the app. You should know that you are not authorized to send it to another person or to copy or modify the application, or any part of it, or our trademarks in any way. You shall not attempt to extract the source code of the application, translate the application into other languages, or create derivative versions. The application and all related trademarks, copyrights, database rights and other intellectual property rights will remain the property of BKOOL Connect Sport.

Please note that if you use the app outside of a Wi-Fi hotspot, the terms of your contract with your mobile network service provider will apply. Consequently, the mobile service provider may apply charges for the data consumed during the connection when accessing the application, as well as other third party charges. If you use the Application, you accept responsibility for any such charges, including data roaming charges if you use the Application outside of your home territory (your region or country) without disabling data roaming. In case you are not the person in charge of paying the bills of the device in which you use the application, we will assume that you have received your permission to use the application.

Version 3.0 of the General Conditions dated March 7, 2022