Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Suspend MTB mobile application ("App"), the website at suspendmtb.com (the "Site"), and any related services (together, the "Services") provided by Tertiair LLC, doing business as Suspend MTB ("Suspend," "we," "us," or "our"). By creating an account, downloading the App, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Services. If you are under 18, you must have permission from a parent or legal guardian. By using the Services you represent that you meet these requirements and have the legal capacity to enter into these Terms.

2. Your account

Some features require an account. You agree to provide accurate, current, and complete information when creating an account and to keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at support@suspendmtb.com if you suspect unauthorized use. We may suspend or terminate your account if we reasonably believe these Terms have been violated.

3. The Services

Suspend provides tools to track bike and component inventories, log maintenance, receive AI-assisted suspension tuning, service-interval, and part-number guidance, optionally connect third-party fitness services, and related features. The Services include an in-app walkthrough that introduces the main areas of the App; you can skip or replay it at any time from the App's Settings. We are continually improving the Services and may add, change, remove, or restrict features at any time. Some features may be labeled beta, preview, or experimental and may behave differently than general features.

4. Subscriptions and purchases

Certain features of the Services are offered on a paid basis through subscriptions or one-time purchases. By purchasing a subscription, you authorize us (and our payment processors, including Apple, Google, and RevenueCat) to charge the payment method on file on a recurring basis until the subscription is canceled.

• Billing. Prices, billing cycles, and features are shown at the point of purchase. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period.
• Cancellation. You can cancel at any time in your Apple or Google account settings. Cancellation takes effect at the end of the current billing period, and you will retain paid features until that date.
• Refunds. Refunds are governed by the applicable app store's refund policy. Except where required by law, payments are non-refundable.
• Price changes. We may change prices on reasonable advance notice. If you do not agree to a price change, you may cancel.
• Free trials and offers. If a free trial is offered, unused portions are forfeited upon purchase. Trials automatically convert to paid subscriptions unless canceled before the trial ends.

5. Your content

"Your Content" means any information, text, photos, bike setups, tuning notes, messages, and other material you submit to the Services. You retain all ownership in Your Content. By submitting Your Content, you grant Suspend a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works of, display, and otherwise use Your Content solely to operate, improve, and provide the Services (including to train and evaluate features internal to the Services in aggregated or de-identified form) and to do so in any media. You represent that you have all rights necessary to grant this license and that Your Content does not violate these Terms.

6. Acceptable use

You agree not to:

• Use the Services in violation of any law or the rights of others.
• Upload, transmit, or share content that is unlawful, infringing, fraudulent, harmful, defamatory, harassing, obscene, or otherwise objectionable.
• Reverse engineer, decompile, disassemble, or attempt to extract source code from the Services, except as permitted by law.
• Copy, modify, distribute, sell, sublicense, or create derivative works of the Services or any part of them, except as expressly permitted by us.
• Probe, scan, or test the vulnerability of any Suspend system, or bypass any security or authentication measure.
• Use any automated means (scraping, crawlers, bots) to access or collect data from the Services without our prior written permission.
• Interfere with or disrupt the Services, the servers or networks connected to the Services, or the experience of other users.
• Use the Services to send spam or unsolicited messages.
• Impersonate any person or entity or misrepresent your affiliation.
• Use the Services to train competing machine-learning models or to build a competing product.

7. AI features and setup guidance: important safety notice

The Services include AI-assisted suspension tuning and maintenance recommendations. These outputs are generated automatically, may be inaccurate, incomplete, or inappropriate for your bike, your rider profile, or the terrain you are riding, and are not a substitute for professional judgment. Mountain biking and the adjustment of suspension, brakes, drivetrains, tires, and related components carry inherent risks of serious injury or death. You are solely responsible for any changes you make to your equipment and for verifying that those changes are safe and appropriate. When in doubt, consult a qualified bicycle mechanic. To the fullest extent permitted by law, Suspend disclaims liability for any consequences of acting on output from the Services.

8. Third-party services

The Services may interoperate with or link to third-party services (for example, Strava, Apple, Google, and others). Those services have their own terms and privacy policies, and Suspend is not responsible for them. Your use of a third-party service is governed by that third party's terms.

9. Intellectual property

The Services, including all software, designs, text, graphics, logos, and other materials, are owned by Suspend or our licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. No other rights are granted.

"Suspend," "Suspend MTB," the Suspend logo, and related marks are trademarks of Suspend. You may not use them without our prior written permission.

10. Feedback

If you send us feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback without restriction or compensation.

11. Copyright / DMCA

If you believe content on the Services infringes your copyright, please send a notice with the information required by 17 U.S.C. § 512(c)(3) to support@suspendmtb.com. We may remove allegedly infringing content and terminate repeat infringers' accounts.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUSPEND DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUTS (INCLUDING AI-GENERATED RECOMMENDATIONS) WILL BE ACCURATE OR RELIABLE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUSPEND OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUSPEND'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SUSPEND IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $50.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Suspend and our officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party.

15. Termination

You may stop using the Services at any time and request account deletion. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, pose a risk to the Services or other users, or if we discontinue the Services. Upon termination, rights granted to you will cease immediately. Sections that by their nature should survive termination (including ownership provisions, warranty disclaimers, limitations of liability, and dispute-resolution terms) will survive.

16. Modifications

We may modify these Terms from time to time. If we make material changes, we will provide notice (for example, by posting an updated version with a new Effective date, or by notifying you through the Services). Your continued use of the Services after changes take effect means you accept the updated Terms.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws rules. You and Suspend agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

18. Apple-specific terms

If you access the App through Apple's App Store, the following additional terms apply and prevail over inconsistent provisions of these Terms: (a) these Terms are concluded between you and Suspend, not with Apple, and Apple is not responsible for the App or its content; (b) the license granted to you is limited to use of the App on Apple-branded devices you own or control, as permitted by the App Store Terms of Service; (c) Apple has no obligation to provide maintenance or support for the App; (d) Apple is not responsible for any warranties, product claims, intellectual-property claims, or failure to conform to applicable legal or regulatory requirements; (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. Export controls

The Services may be subject to export-control laws. You agree not to export, re-export, or transfer the Services to any country, person, or entity restricted by those laws.

20. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Suspend regarding the Services and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them without restriction. These Terms do not create any agency, partnership, or joint venture between you and us.

21. Contact us

For any questions about these Terms, contact us at support@suspendmtb.com, or by mail at Tertiair LLC, 2222 W Grand River Ave, Ste A, Okemos, MI 48864, United States.