Terms of Service

1. Acceptance

By creating an account or using ViaTally (the "Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms are governed by Spanish law and applicable EU regulation.

ViaTally is operated by Douglas Gilbert, Spain ([email protected]).

2. Eligibility

You must be at least 18 years old to use ViaTally. By using the Service you confirm that you meet this requirement. We reserve the right to terminate accounts where we have reason to believe this requirement is not met.

3. Your account

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorised access.

Accounts are personal and non-transferable. You may not create an account on behalf of another person without their explicit authorisation.

4. Your content

You retain full ownership of all content you upload to ViaTally, including GPX files, photos, and ride data ("Your Content"). By uploading content you grant ViaTally a limited, non-exclusive, royalty-free licence to store, process, and display Your Content solely for the purpose of providing the Service to you. This licence terminates when you delete the content or close your account.

We do not use Your Content for marketing, model training, or any purpose beyond operating the Service.

5. Acceptable use

You agree not to:

• Upload fabricated, falsified, or otherwise inaccurate ride data.
• Scrape, bulk-download, or automate access to the Service without our written permission.
• Impersonate another user or any other person or entity.
• Use the Service for commercial purposes without prior written agreement.
• Attempt to circumvent the waitlist, access controls, or any security measure.
• Use the Service in any way that violates applicable law or regulation.
• Upload content that is unlawful, harmful, or infringes the rights of others.

6. Route information and safety

Route data, maps, points of interest, and any other information provided by ViaTally are for informational purposes only. We make no warranty as to the accuracy, completeness, or currency of this information. Conditions on any route can change at any time due to weather, road closures, trail access restrictions, or other factors beyond our control.

You are solely responsible for your own safety, physical fitness, and equipment when cycling any route. Always check current conditions before setting out, comply with local laws and access rules, and carry appropriate equipment. ViaTally is not liable for any injury, accident, loss, or damage arising from your use of route information provided by the Service.

7. Third-party services

ViaTally integrates with third-party services including Strava. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the practices of third-party services. When you connect a third-party account you do so at your own discretion.

8. Intellectual property

The ViaTally application, branding, badge designs, and all original content created by us are our property or licensed to us. You may not copy, modify, distribute, or create derivative works without our written permission.

EuroVelo route geodata is sourced from EuroVelo.com and used under the Open Database Licence (ODbL). Points-of-interest data includes content from OpenStreetMap contributors, also under ODbL. Map tiles are provided by CARTO.

9. Service availability

ViaTally is provided "as is" without any warranty of availability, accuracy, or fitness for a particular purpose. We may modify, suspend, or discontinue any part of the Service at any time.

If we permanently discontinue the Service we will provide at least 30 days' notice where reasonably possible. In circumstances beyond our control we will give as much notice as practicable.

10. Limitation of liability

To the maximum extent permitted by applicable law, ViaTally's total liability to you for any claim arising from or related to these Terms or the Service is limited to the fees you have paid to us in the 12 months preceding the claim. Where no fees have been paid, our liability is nil.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Spanish or EU law.

11. Account termination

You may delete your account at any time from Settings. Your data will be permanently purged after a 30-day grace period.

We may suspend or terminate your account if you violate these Terms, with the following approach:

• Warning for minor or first violations.
• Temporary suspension for serious violations.
• Permanent termination for severe or repeated violations.

We reserve the right to act immediately and without notice where required by law or where we determine that continued access poses a risk to the Service or other users. To appeal, contact [email protected].

12. Changes to these Terms

For material changes we will notify you by email and display a notice in the app at least 30 days before the change takes effect. For minor clarifications we will update the "Last updated" date without active notification.

13. Governing law

These Terms are governed by the laws of Spain. Any disputes will be subject to the exclusive jurisdiction of the courts of Spain, without prejudice to any mandatory consumer protection rights you may have under EU law.

14. Contact

Questions about these Terms: [email protected]
Data protection matters: [email protected]

See also our Privacy Policy and Cookie Policy.