# Terms of Service for Users in Europe

> Zwift is a community-driven company. We love our community and want to operate in harmony with our members and fans who are excited about our brand and what... 

Source: https://support.zwift.com/en_us/terms-of-service-for-users-in-europe-ryVA3WpbB

Last updated: 2025-08-07T10:53:39.551Z

# Terms of Service for Users in Europe

Last Updated: October 2, 2022 

Zwift is a community-driven company. We love our community and want to operate in harmony with our members and fans who are excited about our brand and what we do. We always want to be responsive to the needs and concerns of our community. We put these terms of service together because our business and platform present potential legal issues and situations for us and members of our community. Please understand that these terms are intended only to be ground rules, that we welcome and encourage you to find new ways to be passionate about Zwift and that we are excited to continue working together to get more people, more active, more often.

These Terms of Service for Users in Europe (“**Terms**”) apply to any access to and use of the online services provided by Zwift, Inc. (“**Zwift**” or “**we**”), including the online services we make available via our websites and mobile applications and our online stores (collectively, the “**Platform**”), and all purchases of products made on the Platform by residents of Switzerland, the United Kingdom (UK), and countries who are members of the European Economic Area (EEA) (collectively, “**Europe**”). If you are not a resident of a country in Europe, please see our [Terms of Service](https://support.zwift.com/en_us/terms-of-service-HJt7VBYyH) for other users.

These Terms constitute a legally binding agreement between you and Zwift. Please review these Terms carefully and make sure that you understand them before using the Platform and/or making any purchase on the Platform.

Please note that we want to highlight that Section 7 contains terms for auto-renewing membership payments and free trials (including how to cancel) and Section 14 contains a disclosure of risks in using our Platform. If you are a resident of Germany, France, or the UK, please also see Section 21.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at [zwift.com/privacy](https://support.zwift.com/categories/legal-rkCaoNtJS).

#### 1. EULA

Your installation or use of any downloadable software provided by Zwift, including mobile apps or PC- or Mac-based software, is subject to our end user license agreement available [here](https://support.zwift.com/en_us/end-user-license-agreement-rymuiTZr) (“**EULA**”), and you agree to be bound by the EULA in connection with your use of that software.

#### 2. ELIGIBILITY

1.  If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user. Users under the age of 16 (and their parents or legal guardians) must satisfy any consent mechanism required via the Platform. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.
    
2.  You may only establish an account on our Platform on behalf of a legal entity or organization with our prior written authorization. If you use our Platform on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.
    

#### 3. USER ACCOUNTS AND ACCOUNT SECURITY

1.  If you register for an account to use our Platform, you must provide accurate account information (except that pseudonyms are permitted for usernames) and promptly update this information if it changes.
    
2.  You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users that occur in connection with your account unless you prove that such use is fraudulent. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
    
3.  You can delete your account at any time, for any reason, by following the instructions on the Platform.
    

#### 4. USER CONTENT

1.  Our Platform may allow you and other users to create, post, store and share content, including messages, text, photos, audio, videos, software and other materials (collectively, “**User Content**”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Zwift.
    
2.  Without limiting your rights and our obligations under applicable data protection law, you grant Zwift a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content, for the term of its protection by intellectual property rights, and any name, username or likeness provided in connection with your User Content, for a period of ninety-nine (99) years, in each case in all media formats and channels now known or later developed without compensation to you. For clarity, this means we reserve the right to use things like your name, avatar and in-game performance in various materials, including advertising and promotional content and third-party platforms. When you post or otherwise share User Content on or through our Platform, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You also agree that you may be eligible to receive promotional items, labels, in-game content or other rewards as a result of your participation in the Platform or events (such as races) within the Platform. Participation in some of those events may result in your entry in sweepstakes, raffles, or other random or automatic selections for promotional items. At your election, you may decline to receive any such items or rewards.
    
3.  You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
    
4.  If we reasonably believe any User Content is in breach of these Terms, we may remove or refuse to display such content without notifying you. Where possible, we will attempt to notify you of the reason for our action unless we reasonably believe that notice would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an investigation; (iv) pose a risk to the operation of our Platform; or (v) harm any user or other party.
    

#### 5. PROHIBITED CONDUCT AND CONTENT

1.  You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not:
    
    1.  Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
        
    2.  Use or attempt to use another user’s account without authorization from that user and Zwift;
        
    3.  Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
        
    4.  Sell, resell or otherwise commercially use our Platform by (i) displaying the Platform in a commercial setting (like a cyber cafe, gaming center or other commercial establishment) (which is encouraged with the right display and synergies and with Zwift’s prior written authorization); (ii) selling, licensing or renting any items you purchase via the Platform (including in-game virtual items or physical products) or access to your account to any third party; (iii) performing activities on the Platform for others for compensation; or (iv) using the Platform for any “eSports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity (which may also be encouraged depending on the circumstances and with Zwift’s prior written authorization);
        
    5.  Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors. In spite of the foregoing, you are welcome to capture or stream videos of you and other users (if you have their consent) participating in Zwift races or events, and to share those videos through video sharing services like Twitch, YouTube and other similar services, subject to the following limitations: (i) you may not do so in such a way that: (1) is inaccessible to the general public behind a paywall, (2) subject to viewing only with a subscription separate and apart from Zwift or (3) requires the purchase by a third party of tickets or other redeemable vouchers, either in person or online; and (ii) you may not create, host, promote, participate in, sponsor, engage other sponsors in, or otherwise encourage competitions between Zwift racers (e.g., eSports) that use the Platform for any commercial purpose. Zwift may allow some individuals to engage in these activities upon request made to Zwift and following our prior written authorization or in conformity with other written guidelines provided by Zwift or through a separate agreement with Zwift;
        
    6.  Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform;
        
    7.  Use our Platform other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;
        
    8.  Reverse engineer any aspect of our Platform or do anything that might discover source code (except to the extent these prohibitions violate applicable law) or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;
        
    9.  Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information about a character or an environment without Zwift’s prior authorization;
        
    10.  Bypass or ignore instructions contained in our robots.txt file;
        
    11.  Develop or use any applications that interact with our Platform without our prior written authorization, including any cheats, mods or matchmaking services or applications that emulate or redirect the communication protocols used by Zwift in any way, including for unauthorized play over the Internet, network play, or as part of content aggregation networks;
        
    12.  Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes; or
        
    13.  Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
        
2.  You may not create, post, store or share any User Content that:
    
    1.  Is confidential or that you do not have all necessary rights to disclose;
        
    2.  Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
        
    3.  Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
        
    4.  May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
        
    5.  Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
        
    6.  Impersonates, or misrepresents your affiliation with, any person or entity;
        
    7.  Contains any unsolicited promotions, political campaigning, advertising or solicitations;
        
    8.  Contains any private or personal information of a third party without such third party’s consent;
        
    9.  Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
        
    10.  In our reasonable judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose Zwift or others to any harm or liability of any type.
        
3.  Failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.
    

#### 6. VIRTUAL ITEMS

1.  Zwift may offer different types of digital content, credits, coins or other virtual items for which you may earn or otherwise receive a limited license to use via the Platform (“Virtual Items”). You understand that while you may “earn” Virtual Items, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
    
2.  Third-Party Purchases or Sales. Zwift does not authorize, and expressly prohibits, the purchase of Virtual Items from third parties. You will not sell or purchase Virtual Items to or from other parties and will not make any offer related to a sale or purchase of Virtual Items.
    
3.  Redemption. Virtual Items may be redeemed solely with Zwift for goods or services made available through our Platform. You may redeem Virtual Items only by the method and within the scope described via the Platform.
    
4.  Restrictions. Virtual Items cannot be resold, transferred for value, redeemed for cash or applied to any other account. We may limit the number of Virtual Items you can earn or use within certain periods of time or implement other restrictions on the receipt or use of Virtual Items. We may further restrict your ability to redeem your Virtual Items based on your place of residence.
    
5.  Other limits. All Virtual Items may be unconditionally forfeited if your account is terminated or suspended for any reason or becomes inactive, as determined in Zwift’s reasonable discretion, or if Zwift discontinues the Platform or any portion or feature of the Platform. You acknowledge that you will not receive money or other compensation for unused Virtual Items when an account is closed.
    

#### 7. TERMS OF SALE

1.  **Hardware, Accessories and Other Products.** We offer a number of tangible products for sale on our website and elsewhere on the Platform (including bike trainers, biking accessories and clothing items) (the “**Products**”). All Products offered for sale via the Platform are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice, provided that after completing the purchase we will only cancel in case of unavailability. Orders for Products submitted by you are not binding until the order is confirmed by us by sending you a confirmation email.
    
2.  **Memberships.** If you purchase a membership to use the Platform, you acknowledge that your membership will auto renew until you cancel your membership, or we terminate it. The membership period (or an indication that the membership will continue until cancelled) and the cost of the membership (during and after any initial promotional period) are disclosed prior to purchase. If you purchase a membership via our Platform, we automatically bill your payment method each month on the calendar day corresponding to the start of the paying portion of your membership (or on the last day of the month if such month does not have a sufficient number of days to include your membership start date (for example, if your membership started on March 31, the billing date in April will be April 30)). You may cancel your Zwift membership at any time, and you will continue to have access through the end of your membership period (or free trial period, if applicable). Subject to (l) below, you will not have the right to receive any pro-rated refunds if you cancel your membership period early. If you purchased via our Platform, you can cancel by logging into your account at [www.zwift.com](https://us.zwift.com/), clicking on the 'billing' link under 'settings' and following the instructions. You must cancel your membership at least 24 hours before the end of each billing cycle in order to avoid being billed for the next month's membership.
    
3.  **Memberships Purchased from Third-Party Platforms.** If you started a Zwift membership by purchasing through a third-party platform (like Apple’s App Store), you will need to cancel through the tools made available by that third party, which may include visiting your account and turning off auto-renewing payments for your Zwift membership. If you purchase a membership through a third-party platform, the purchase is subject to those platforms’ payment terms and conditions. Zwift does not control how you can pay for or cancel memberships through those platforms.
    
4.  **Free Trials.** Your membership may start with a free trial. Zwift may decline your free trial eligibility in particular based upon your failure to comply with these Terms or prior completion of a free trial period. Our Platform will indicate whether or not the free trial will automatically convert to a paid membership upon expiration of the trial period. If so, unless you cancel your membership prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your membership upon expiration of the free trial period until you cancel, or we terminate your membership.
    
5.  **Pricing.** Prices for Products, memberships, and other services are subject to change at any time, but changes will not affect any order for products or services you have already placed except that for auto-renewing memberships price changes will take effect when indicated in our email notice to you.
    
6.  **Taxes.** Prices for Products, memberships and other services available via the Platform are inclusive of any applicable value-added tax or similar sales tax. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“**Taxes**”) due with respect to your purchase through our Platform. Orders placed outside the U.S. may incur Taxes as determined by the customs agency within the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. It is your responsibility to ensure that you are aware of any applicable Taxes before you place an order.
    
7.  **Payment Method.** Only valid payment methods acceptable to us may be used to complete a purchase via the Platform. We will indicate to you which payment methods are accepted at checkout. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount specified at the time of your purchase (including any applicable taxes and any shipping and handling charges). If any of the Products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the Products that are included in the shipment. For memberships, you may edit your payment method information or see your payment history by logging into your dashboard at [www.zwift.com](https://us.zwift.com/) and clicking on the 'billing' tab under 'settings'. If you started a membership using your account with a third party (like Apple’s App Store) then you will need to edit your payment method through your account with that third party. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.
    
8.  **Shipping; Risk of Loss.** Prices for Products available via the Platform are exclusive of any applicable shipping and handling charges, which will be added at checkout. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Risk of loss or damage to a product passes to you upon delivery of the Product to the delivery address that you indicated at the time of purchase.
    
9.  **Returns.** Our Returns Policy details how and when you can return any Products you have purchased on the Platform and is incorporated into these Terms by reference. We have set out our Returns Policy on a separate page to ensure that all necessary information is presented in a clear and accessible form – however, the contents of our Returns Policy do not affect any rights you may have under applicable law).
    
10.  **Products Vary from Their Pictures.** We strive to use the product listings on the Platform to give you the information you need about the products. Although we try to make sure they are as faithful as possible to the real thing, any images shown in the product listings are for illustrative purposes only – given the digital method of presentation, it is possible that your perception may not exactly match the relevant product itself.
    
11.  **Quality of Products and Defective Products.** We strive to ensure that any Products offered for sale via the Platform are as described, fit for purpose, of satisfactory quality and safe to use as intended. In the unlikely event that you receive a defective Product, you have the right to return it to us for a full refund (including shipping and handling charges) within 30 days from the date of delivery of the Product to the delivery address that you indicated at the time of purchase. If a Product becomes defective after that 30-day period has expired, please contact us and we may repair or replace the defective Product (and if we are unable to, we may issue a refund to you), unless it appears that the defect was caused by you. This right of return does not cover defects resulting from your mishandling the Product.
    
12.  **Errors.** We strive to keep the information on our Platform error free. However, in some circumstances, errors may occur. In the event of an error, we reserve the right to cancel the order and refund any amount charged.
    
13.  **Third-Party Products.** Many of the Products sold via the Platform are manufactured by or for other companies. The manufacturer may offer its own warranty in addition to statutory warranties. If the manufacturer offers a limited warranty for the Product, it can usually be found on the manufacturer’s website or with the Product packaging. That said, please contact us at [support@zwift.com](mailto:support@zwift.com) if you have a question or concern about any of the products you purchase via our Platform. This does not affect any statutory rights that apply to you in your country with regard to product quality.
    
14.  **Cancellations and Refunds – Memberships.** You have a legal right to cancel your purchase of a membership made via the Platform and request a full refund at any time within 14 days from the date of purchase of your membership. However, this right will be lost if you make any use of the Platform pursuant to your membership during the 14-day cancellation period unless the Platform is defective during that period.
    
15.  **Cancellation and Refunds – Products.** You have a legal right to cancel your purchase of any Product made via the Platform and request a full refund (including any shipping or handling charges) at any time within 14 days from the date of delivery of the Product to the delivery address that you indicated at the time of purchase.
    
16.  **Exercising Your Right to Cancel.** To exercise your right to cancel under Section 7(n) or 7(o) above, please contact us at [support@zwift.com](mailto:support@zwift.com). Please also refer to our Returns Policy for more information on returns for physical Products purchased via the Platform. In the case of physical Products purchased via the Platform, you are responsible for the cost of returning the Product to us. If you started a membership using your account with a third party (like Apple’s App Store) then you will need to refer to the relevant third party for more information on how to request any refund. The same means of payment used by you in the original transaction will be used to apply any refund, unless expressly agreed otherwise with you and in no event will you be charged for a refund provided pursuant to your exercise of legal rights.
    

#### 8. OWNERSHIP; LIMITED LICENSE

The Platform and all content contained therein, including the text, graphics, images, photographs, videos, illustrations, themes, objects, characters (including names), stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, and audio-visual effects, are owned by Zwift or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Platform for your own personal, noncommercial use (unless otherwise pre-approved in writing by Zwift for commercial use). Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

#### 9. TRADEMARKS

“Zwift” and our logos, our product or service names, our slogans and the look and feel of the Platform are trademarks of Zwift and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

#### 10. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Zwift or our Platform (collectively, “**Feedback**”). Without limiting your rights or our obligations under applicable data protection law, you grant us a non-exclusive, worldwide license to use such Feedback, for the term of protection of the Feedback by intellectual property law, for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Zwift’s sole discretion. You understand that Zwift may treat Feedback as nonconfidential.

#### 11. COMPLAINTS

Please contact [support@zwift.com](mailto:support@zwift.com) to notify us of anything on our Platform that infringes other rights (like copyright, counterfeiting, insult, invasion of privacy) or if you discover that User Content promotes crimes against humanity, incites racial hatred or violence or concerns child pornography. When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, profession, domicile, nationality, date and place of birth; the name and domicile of the recipient or, in the case of a legal person, its name and registered office; the description of the disputed facts and their precise location (e.g. URL link to the disputed content); the reasons why the content must be removed, including the legal provisions and justifications of facts; a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted.

#### 12. THIRD-PARTY CONTENT

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Platform (collectively, “**Third-Party Content**”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party providing it. Zwift does not control or endorse any Third-Party Content.

#### 13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Zwift and its affiliates, and each of our and their respective officers, directors, agents, partners and employees (individually and collectively, the “**Zwift Parties**”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“**Claims**”) arising out of or related to (a) your violation of these Terms; or (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Zwift Parties of any third-party Claims, cooperate with Zwift Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Zwift Parties will have control of the defense or settlement, at Zwift's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Zwift or the other Zwift Parties.

#### 14. DISCLOSURES OF RISK

1.  Other than as expressly stated in these Terms, we do not make any commitments about the content within the Platform or items sold therein, the specific functions of the Platform or their reliability, availability or ability to meet your needs.
    
2.  You understand that the Platform and certain of the products sold on the Platform are intended to be used in connection with athletic and fitness activities (including cycling, running and other sports). You expressly acknowledge that engaging in athletic or fitness activities as part of the Platform or the products you purchase carries certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities. You also expressly agree that Zwift does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the Platform (whether or not with Zwift’s permission).
    
3.  Please consult your physician before using the Platform or products purchased via the Platform in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Platform or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Platform or your products.
    

#### 15. LIMITATION OF LIABILITY

1.  Subject to Section 15(c), Zwift or the other Zwift Parties will not be responsible (under these Terms or for negligence) for losses that were caused by your breach of these Terms or which were beyond our control and which we could avoid through appropriate actions. If we fail to comply with these Terms, we or the other Zwift Parties will only be responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. However, we and the other Zwift Parties are not responsible for any loss or damage that is not foreseeable, and, if the Platform is not performed with reasonable care and skill, you agree to give us a reasonable opportunity to re-perform them for you and that re-performance will be your sole and exclusive remedy for that failure. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both Zwift and you knew it might happen.
    
2.  The total liability of Zwift and the other Zwift Parties for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Platform during the 12 months preceding the claim.
    
3.  If you use the Platform for any commercial purpose (i.e., as a business, whether as sole proprietor or legal entity), we and the other Zwift Parties will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    
4.  The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud (including fraudulent misrepresentation) or intentional misconduct of Zwift or the other Zwift Parties or for personal injury, death or property damage to the extent caused by our negligence or a defect in the Platform or products purchased through the Platform (except to the extent such injury or damage is caused by your or any third party’s negligence or violation of these Terms), or for any other matters in which liability cannot be excluded or limited under applicable law.
    

#### 16. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Platform will be governed by and construed and enforced in accordance with the laws of the State of California, USA. However, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. You or we may bring a legal action relating to these Terms or our relationship in either the state or federal courts located in Los Angeles, California or in the courts located in your country of residence. If you are a resident of the EEA, the European Commission provides for an online dispute resolution platform, which you can access here: [http://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage). You are free to accept or reject the use of mediation and, in case of mediation, each party is free to accept or reject the solution proposed by the mediator.

#### 17. SUSPENSIONS, TERMINATIONS AND MODIFICATIONS

We will only suspend or terminate your access to the Platform if you materially or repeatedly breach these Terms, we are required to do so by law or court order, or we reasonably believe your conduct creates possible liability or risk of harm to us or any other party that we could not reasonably avoid without such suspension. We may also suspend your account for a period of up to 90 days while we investigate if any of these conditions are present. During any such suspension or termination, we will not continue to charge you for the Platform. If reasonably possible, we will notify you in advance before discontinuing all or a portion of our Platform or making changes that have a material adverse impact on your use of our Platform. However, we reserve the right to make changes without notice in certain circumstances, such as to improve security, help combat fraud or abuse, or comply with the law.

#### 18. MODIFYING THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email or providing a notice through our Platform. Unless we say otherwise in our notice, the amended Terms will be effective immediately with regard to any subsequent use of the Platform, and your continued use of our Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platform and you may cancel your membership as explained in Section 7 above.

#### 19. MISCELLANEOUS

1.  Nothing in these Terms will limit any of our obligations or your rights under applicable data protection law or other laws that cannot be limited by contract. In particular, these Terms do not deprive consumers of the level of protection are granted according to Article 6 EU Regulation 593/2008 (so-called “**Rome I Regulation**”) and EU Regulation 1215/2012.
    
2.  The failure of Zwift to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
    
3.  If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
    
4.  The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.”
    
5.  Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
    
6.  Zwift will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond its reasonable control.
    
7.  We may supply different or additional rules or other terms in relation to some features of our Platform, and those different or additional terms become part of your agreement with us if you use those features and agree to those terms in the manner provided via the Platform.
    
8.  We may transfer our rights and obligations under these Terms to another organization – for example, this could include another member of our group of companies or someone who buys our business. We will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms.
    
9.  If there is a conflict between these Terms and the additional terms that you agree to, the additional terms will control for that conflict.
    

#### 20. CONTACT

Zwift hosts and operates the Platform and is incorporated in the State of Delaware, USA. Contact and other company details are as follows:

*   VAT registration number: EU826434886
    
*   Registered office address(es): 111 West Ocean Blvd., Suite 1800, Long Beach, CA USA 90802
    
*   Email: [support@zwift.com](mailto:support@zwift.com)
    

#### 21. OTHER TERMS

1.  French residents.
    
    1.    
        1.  Pursuant to Article L. 213-1 of the French Consumer Code, you are entitled to request access to all agreements entered into with you for a value of €120 or more. Your right to access such agreements may be exercised at any time by contacting [support@zwift.com](mailto:support@zwift.com).
            
        2.  Statutory Warranties:
            
            1.  Concerning products sold on the Platform, you may benefit from the statutory warranty of conformity and the statutory of latent defects. Statutory warranty of conformity: as per Articles L217-4 to L217-14 of the Consumers Code the Customer has two years from the delivery of the product to obtain a repair or replacement of the Product (subject to costs considerations as detailed under Article L217-9 of the Consumer Code). If the repair or replacement cannot be carried out, the Customer may return the product and get a full refund or keep the product and get a partial refund. Under this statutory warranty, the customer does not have to prove that the product is defective.
                
            2.  Statutory warranty against latent defects: as per Articles 1641 to 1649 of the Civil Code the customer has two years from the discovery of the defect to claim a return of the product and obtain a refund, or keep the product and obtain a partial refund. The customer will have to prove that the defect existed at the time of purchase.
                
        3.  Mediation: You have the right to turn to a mediator to solve a dispute under these Terms. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have chosen is/are available at this site: [www.fevad.com](https://www.fevad.com/).
            
2.  German residents. If you are a resident of Germany, the following special terms also apply: Please note that according to Sect. 36 (1) VSGB (German Consumer Dispute Settlement Act), we are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board. The German statutory law provisions on representation and warranties apply. We do not grant any guarantee under section 443 of the German Civil Code. We do not limit or exclude any liability to you under the German Product Liability Act.
    
3.  UK residents. If you are a resident of the UK, we do not limit or exclude any liability for defective products under the Consumer Rights Act 2015. The limitations of liability in Section 15 shall not affect your statutory rights with regard to product quality. For more information on such rights you may find it helpful to contact Citizens Advice or visit their website.