Terms and Conditions

Service

You must be 18 years of age to become a member of the Pedal Genie service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

The Pedal Genie service is for your personal and non-commercial use only. During your Pedal Genie membership, we grant you a limited, non-exclusive, non-transferable, license to access the Pedal Genie service and use products through the service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

We continually update the Pedal Genie service, including the available products. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

The availability of products will change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Billing

Recurring Billing. By starting your Pedal Genie membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Pedal Genie service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Pedal Genie membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Failure to return such products will result in your Payment Method being billed for such items. We will send you a reminder email concerning unreturned products prior to charging your Payment Method.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Pedal Genie website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Cancellation. You may cancel your Pedal Genie membership at any time, and you will continue to have access to the Pedal Genie service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, use the "Contact Us" form and we will handle the return of your current pedal. Your Pedal Genie membership agreement does not end until any outstanding items are returned.

You understand if you have an unpaid balance and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.

Equipment

Member hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. No loss or damage to the Equipment or any part thereof shall impair any obligation of Member under this Agreement which shall continue in full force and effect through the term of the Agreement.

In the event of damage of any kind to the Equipment, Member agrees to allow Pedal Genie to charge Member’s payment method for the full cost of repair of said damaged Equipment. Pedal Genie expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Member and Pedal Genie agree to be bound, legally and otherwise, by the report of Pedal Genie’s chosen repair venue as to the cause of the damage to the Equipment. Member will also allow Pedal Genie to charge Member's payment method for loss of use fees in the event a damage waiver is not purchased. Loss of use fees are the equivalent to an extension rate for the duration the equipment.

In the event of Equipment becoming damaged beyond repair, Members shall pay for a full replacement and shall not be entitled to ownership of the damaged Equipment.

In the unlikely event that the Equipment appears damaged when Member receives Equipment, Member must notify Pedal Genie immediately within three hours of receiving the shipment. Upon notification of suspected damage resulting from shipping of the Equipment, Pedal Genie will send Equipment to the manufacturer for inspection and repair. Member and Pedal Genie agree to be bound, legally and otherwise, by the report of manufacturer. In the event that the Equipment is not received by Member by the expected delivery date (as per shipment tracking details), Member must notify Pedal Genie immediately.

In the event of default, or a lost or unreturned item, Pedal Genie reserves the right to pursue civil and criminal remedies against Member, including, but not limited to, taking immediate possession of the Equipment; obtaining, by Member’s credit card or otherwise, from Member the cost of the full retail price of a comparable substitute of Equipment and late fees assessed prior to deeming the Member in default or the Equipment lost or unreturned; notifying a collections agency, which immediately results in additional attorneys’ and collection fees being charged to Pedal Genie; filing of criminal charges; employing “skip tracer,” private investigator, or repossession agency to collect the Equipment or goods sufficient to repay the value of the Equipment; and/or pursue any and all legal remedies against Member.Member will also forefeit all rights enumerated in the Privacy Policy of Pedal Genie. These remedies are not exclusive.In the event of litigation to recover any such damages, Member is held responsible for all legal fees and costs incurred by Pedal Genie.

Equipment is deemed to be "lost" or "unreturned" when Member has failed to ship rented Equipment to Pedal Genie within seven (7) days of expiration of Membership.

Pedal Genie will not be held liable for any damage to the Member’s own or personal equipment used in conjunction with Pedal Genie’s Equipment.