Privacy Policy

Last Updated: December 18, 2024

This Privacy Policy (“Privacy Policy” or “Policy”) explains how Zwift, Inc. ( “Zwift,” or “we,” or “us,” or “our”) collects personal information based on your interactions with us online, including on our websites and applications to provide our virtual cycling and running experiences and other workout games, including, the Zwift App, the Zwift Companion App and Zwift Power, hardware, and other services (the “Services”). This Policy applies to our collection and use of personal information in connection with the Services offered in the United States and describes rights you may have with respect to your personal information we collect about you. By using our Services and otherwise interacting with us, you agree to the terms of our Terms of Service, including this Policy.

This Policy does not cover the personal information we collect about employees and independent contractors, or job applicants.

Our Washington consumer health data policy can be found here.

Our privacy policy that applies in the UK and EU can be found here.

Notice at Collection: Personal Information We Collect

We collect the following categories of personal information:

•Personal identifiers: name; date of birth; email address; your home or billing address; telephone numbers; customer number; account log in information and password; IP address

•Protected class information: age; gender (self-identified)

•Customer record information: height, weight, and health information such as heart rate, total output and calories burned during your workout; participation or registration in cycling events; race results and cycling performance information (e.g., rankings, ride-related information); information relating to in-app chats and other communications with Zwift users

•Commercial information: information regarding the Services with which you engage, including rides or runs taken, participation in Zwift Academy and other events; in-app shopping histories including products ordered or considered; and payment information

•Financial information: method of payment and payment-related information

•Internet or other electronic activity information: information about your computer or mobile application and browsers you use to access our Services; mobile network information; app version you use; your browsing and search history on our Services; log information about your use of the Services; and information regarding your interaction with our Services

•Professional information: job title; information about your employer

•Audio and visual information: recordings of customer service calls for quality assurance purposes; profile pictures; avatars; information about screen shots you take

•Inferences drawn from personal information we collect

•Sensitive personal information: account log in information and password; health-related information such as your height, weight, heart rate

•Location information: in order to allow Bluetooth pairing if you choose to connect Zwift to your smart fitness device via Bluetooth, geolocation information

We have collected the same categories of personal information in the 12 months prior to the date of this Privacy Policy.

Notice at Collection: Purposes for Collection of Personal Information

We collect your personal information for the following purposes:

Notice at Collection: Categories of Personal Information We Sell or Share and Related Information

When we engage in digital advertising, we may sell the following categories of personal information (according to the broad definition of “sell” under select state privacy laws) and share them for purposes of cross-context behavioral advertising: personal identifiers (IP address) and internet or other electronic activity information.

These categories of personal information are sold to or shared for cross-context behavioral advertising to advertising networks and other companies that facilitate digital advertising. We engage in such sales and sharing to facilitate digital advertising that is able to reach people that are most likely to be interested in the Services we provide. We do so by allowing third parties to place cookies or other tracking technologies on our website that may collect information about your online activities over time and across different websites or applications. For more information about the use of cookies and other tracking technologies, see the section “Our Use of Cookies and Analytics” below.

We do not sell or share for cross-context behavioral advertising any of the other categories of personal information we collect.

Notice at Collection: Retention Periods

We generally retain the categories of personal information we collect for the length of time necessary to provide our Services and to comply with legal obligations or to protect our legal rights.

We retain information about your use of the Services until you delete your account with us. Personal information included in in-app chats is deleted after 90 days.

Sources From Which We Collect Personal Information

We collect personal information directly from you, from devices and hardware you use to access or choose to link to our Services, from other users who may include you on their team, and representatives of entities with which we do business or may do business, and from tracking technologies such as cookies, web beacons, and pixels. We may also collect information about you from social media sites you use to log into your account or from other fitness services that you authorize to share your information with us.

Use or Disclosure of Sensitive Personal Information

We do not use or disclose sensitive personal information to create profiles about individuals or for any purposes other than providing our Services.

No Profiling to Facilitate Decisions with Legal or Other Significant Effects

We do not engage in the automated processing of personal information to create profiles about individuals that are used in furtherance of decisions with legal or other similarly significant effects, such as the provision or denial of financial or lending services, housing, insurance, or access to essential goods or services.

Categories of Third Parties With Whom We Share Personal Information

We share personal information with the following categories of entities that do not operate as our processors and are not our affiliates: advertising networks and other companies that facilitate digital advertising for us and other parties.

Disclosure of Personal Information For Business Purposes in the Past 12 Months

The following chart describes the categories of personal information we disclosed for a business purpose in the 12 months prior to the date of this Policy:

Business Purposes for Such Disclosures

We disclosed the aforementioned categories of personal information to the categories of third parties identified above for the following purposes: to manage customer, supplier and vendor accounts and relationships; process payments; verify customers’ identities; fulfill orders and transactions; engage in advertising and marketing; provide you with our Services, including performance verification services, and facilitate any information sharing directed by you; operate our IT systems and secure our systems; prevent fraud and other illegal activities; and to obtain professional advice about legal and accounting matters.

Additional Information About How We May Disclose Personal Information and Purposes for Disclosures

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring.

Our Use of Cookies and Analytics

We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through our Services. Tracking technologies are small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit our website. We may use these tracking technologies to help identify irregular behavior, prevent fraudulent activity and improve security, as well as making it possible for you to save your preferences and help us understand how you interact with our website.

We also allow third parties to use tracking technologies on our websites and applications for analytics and advertising purposes. They assist in helping display advertisements, tailor advertisements to your interests and to assist in determining if you require assistance or are having problems navigating on our website. Some of these third parties use the tracking technologies to collect information about how you interact with other websites and advertisements across the Internet in order to provide advertising that is tailored to your interests and which may appear on our website or on other website or platforms.

You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. You can disable cookies from your computer system by following the instructions on your browser or at www.allaboutcookies.org.

We use Google Analytics to evaluate the use of our website. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit a Site, what pages they visit when they do so, and what other websites they visited prior to visiting our Site. For information about Google’s privacy practices, please refer to the Google Privacy Policy: https://policies.google.com/privacy?hl=en-US#infocollect.

Personal Information of Minors

While children can use our Services, we do not direct our Services to children under age 16 and are not registering new accounts for users who are under the age of 16. If your child who is under the age of 16 has an existing account please review our direct notice to parents. Our separate Zwift Children’s Privacy Policy explains the limited ways in which we will use and share your child’s data, as well as the rights you have with respect to that data. If you believe a child under 16 has submitted personal information to us without their parent’s consent, please contact us at privacy@zwift.com and we will use our best efforts to promptly remove such information from our files.

We do not knowingly sell or share for purposes of behavioral advertising the personal information of minors, including minors under 16 years of age.

Do Not Track and Other Universal Opt Out Signals

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals.

We observe the Global Privacy Control (“GPC”) signal with respect to all IP addresses in the US. If you use a browser or a plug-in that recognizes the Global Privacy Control universal opt-out preference signal (“GPC”), we will recognize the signal as applied to the browser and device from which the signal is sent. Browsers and extensions that currently recognize the signal can be found here: https://globalprivacycontrol.org/#download. We recognize the GPC signal in a “frictionless” manner, which means we do not collect additional information from you in order to associate the GPC signal with your account.

How We Keep Your Personal Information Secure

We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process. However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to maintaining a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to factors that cannot reasonably be prevented. Accordingly, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.

Third Party Websites, Applications and Social Media Platforms

The Services may offer social sharing features, links to third-party websites or applications, and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media or visit the websites of other businesses. Your use of social sharing features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. While we may include opportunities to use or connect to these third-party features or third-party websites and applications, we do not control these sites and are not responsible for their data use practices or their use of your information. Please review those entities’ privacy policies for information about how they collect, use and share your personal information.

Changes to This Policy

We will review and update this Policy from time to time. If changes are made, we will update the Privacy Policy and reflect the date of such modification in the date above. If the changes are material, you will be notified via email or a notice on our website.

Accessibility

We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us at info@zwift.com.

Contact Us

If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may contact us at privacy@zwift.com.

You can also contact us here:

•111 West Ocean Blvd. Suite 1800, Long Beach, CA 90802 USA

US State Data Privacy Rights

Laws in certain US states give residents of those states specific rights with respect to the personal information collected about them. See below for more information.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, the California Consumer Privacy Act (“CCPA”) and other laws provide you with the following rights with respect to your personal information:

Your Right To Know About Personal Information We Collect

You can ask us for the following information from us with respect to the personal information we have collected about you since January 1, 2022:

•Specific pieces of personal information we have collected about you;

•Categories of personal information we have collected about you;

•Categories of sources from which such personal information was collected;

•Categories of personal information that the business sold or disclosed for a business purpose about the consumer;

•Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

•The business or commercial purpose for collecting or selling your personal information.

Your Right To Request Deletion of Personal Information We Have Collected From You

Upon your request and subject to exceptions in the law, we will delete the personal information we have collected from you.

Your Right to Request to Correct Personal Information We Hold About You

You have the right to request that we correct personal information we hold that you believe is not accurate. We will take steps to determine the accuracy of the personal information that is the subject of your request to correct, and in doing so will consider the totality of the circumstances relating to the personal information you have identified as being incorrect. We may ask that you provide documentation regarding your request to correct in order to assist us in evaluating the request.

Your Right to Ask Us Not to Sell or Share Personal Information We Have Collected About You

With respect to those categories of personal information that we sell to third parties or share with third parties for the purpose of cross-context behavioral advertising, you have the right to opt out of such sales and sharing.

California Shine the Light

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to annually request, free of charge, information about the personal information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. To make a request, please contact us at privacy@zwift.com.

Our Commitment to Honoring Your Rights

If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly. If you exercise your rights under this Privacy Policy, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.

Exercising Your Rights and How We Will Respond

To exercise your rights to know, delete or correct your personal information, or to ask a question, contact us at privacy@zwift.com. For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request. We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.

You can direct us not to sell your personal information or share it for purposes of cross-context behavioral advertising here.

If you use a browser or a plug-in that recognizes the Global Privacy Control universal opt-out preference signal (“GPC”), we will recognize the signal as applied to the browser and device from which the signal is sent. Browsers and extensions that currently recognize the signal can be found here: https://globalprivacycontrol.org/#download. We recognize the GPC signal in a “frictionless” manner, which means we do not collect additional information from you in order to associate the GPC signal with your account.

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations. In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavor to provide you with an explanation as to why.

Verification of Identity – Requests to Know, Delete or Correct

We will ask you for two pieces of personal information and attempt to match those to information that we maintain about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.

Authorized Agents

You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity.

If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process:

•Requests to Know, Delete or Correct Personal Information: If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.

•Requests to Opt Out of Sale or Sharing: If the agent submits a request to opt out of the sale of your personal information or the sharing of your personal information for purposes of cross-context behavioral marketing, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the opt-out request on your behalf.

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.

OTHER STATE PRIVACY RIGHTS

The laws of Colorado, Connecticut, Montana (effective October 1, 2024), Oregon (effective July 1, 2024), Texas (effective July 1, 2024), Utah, and Virginia grant residents of each state the following rights with respect to their personal information we collect:

•Right to Know: The right to confirm whether or not we are processing their personal information and to access such data.

•Right to a Copy: The right to a portable copy of the personal information we have collected from them, subject to certain exceptions.

•Right to Delete: The right to request deletion of their personal information that we have collected about them and to have such information deleted, subject to certain exceptions.

•Right to Correct: The right to ask that we correct inaccuracies in their personal information, taking into account the nature of personal data and purposes of processing such information. This is not a right that is available for residents of all states, including residents of Utah or Iowa.

•Right to Opt Out of the Sale of Personal Information: To the extent we sell their personal information (consistent with the definition of sale in each law), the right to ask us to stop doing so.

•Right to Opt Out of Targeted Advertising: The right to ask us to stop processing their personal information for targeted advertising.

Oregon’s state data privacy law grants the following additional right to Oregon residents:

•Right to Know Third Parties: The right to a list of third party entities to which we have disclosed personal information.

Please note that for purpose of this section of this Policy, we consider “personal information” to have the same meaning as “personal data” as defined under the respective state laws.

Exercising Your Rights and How We Will Respond

If you are a resident of any of the states whose laws we are subject to and that law is currently in effect, you can direct us not to sell or process your personal information for purposes of targeted advertising here.

To exercise other rights, contact us at privacy@zwift.com to exercise your rights under your state’s law, if currently in effect. We will respond to such requests within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.

Our Commitment to Honoring Your Rights

If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly. If you exercise your rights under this Privacy Policy, you will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services than others.

Verification of Identity – Requests to Know, Obtain a Copy, Delete, Correct

Depending upon the nature of the request, we will ask you for at least two pieces of personal information and attempt to match those to information that we maintain about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.

When We Do Not Act on a Request – Appeal Process

In some cases, we may not act on your requests (e.g., if we cannot do so under other laws that apply). When this is the case, we will explain our reasons for not providing you with the information or taking the action (e.g., correcting data) you requested.

Additionally, you have the right to appeal our decision by contacting us at same method used to submit requests within 30 days after your receipt of our decision. Please provide us with information we might need (e.g., reference number) to identify your request. We will respond to your appeal within 60 days of our receipt of the request.

Authorized Agents

You may designate an agent to submit an opt-out request on your behalf. If you would like to designate an agent to act on your behalf, we will use reasonable methods to validate their authority to submit a request on your behalf.

Authorized agents can submit a request to opt out of sale or targeted advertising by contacting us at privacy@zwift.com or clicking here.

Terms of Service

Last Updated: December 18, 2024

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 as we are excited and committed to getting more people, more active, more often. 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, and we want to be clear about everyone’s respective roles and responsibilities.

These Terms of Service (“Terms”) apply to your 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”).

Please note that Section 18 contains a mandatory arbitration provision and class action waiver, which requires you and Zwift to resolve most disputes and claims by binding, individual arbitration and not by means of a class arbitration, a class action, any other kind of representative proceeding, or a jury trial. We also want to highlight that Section 7 contains terms for auto-renewing membership payments and free trials (including how to cancel) and Section 14 contains disclaimers with respect to the Platform and an acknowledgment of understanding risks in using our Platform.

If you have any questions about these Terms or our Platform, please contact us at nicelawyers@zwift.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at zwift.com/privacy.

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 (“EULA”) available here, and you agree to be bound by the EULA in connection with your use of that software.

2. ELIGIBILITY

a.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 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.

b.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

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. You also 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. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

4. USER CONTENT

a.Our Platform may allow you and other users to create, post, store and share content, including but not limited to 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.

b.You grant Zwift a perpetual, irrevocable, 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 and any name, username or likeness provided in connection with your User Content 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.

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. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

5. PROHIBITED CONDUCT AND CONTENT

a.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, including adhering to Zwift’s Community Guidelines available here. Further, you will not:

i.Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

ii.Use or attempt to use another user’s account without authorization from that user and Zwift;

iii.Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;

iv.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);

v.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 is: (1) inaccessible to the general public behind a paywall, (2) subject to viewing only with a subscription separate and apart from Zwift or (3) that 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;

vi.Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform;

vii.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;

viii.Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;

ix.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;

x.Bypass or ignore instructions contained in our robots.txt file; or

xi.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;

xii.Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes;

xiii.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.

b.You may not create, post, store or share any User Content that:

i.Is confidential or that you do not have all necessary rights to disclose;

ii.Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

iii.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;

iv.May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

v.Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

vi.Impersonates, or misrepresents your affiliation with, any person or entity;

vii.Contains any unsolicited promotions, political campaigning, advertising or solicitations;

viii.Contains any private or personal information of a third party without such third party’s consent;

ix.Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

x.In our sole 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.

c.Enforcement of this Section 5 (which includes the right to work with local or international authorities and other service providers by providing information necessary for investigatory purposes or in adherence with court-ordered legal action) is solely at Zwift’s discretion, and 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

a.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.

b.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.

c.Redemption. Virtual Items may be redeemed solely by 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.

d.Restrictions. Virtual Items are non-returnable and non-refundable. 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.

e.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 sole 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

a.Product Availability. All tangible 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. You may only purchase products through the Platform for personal use and not for resale or commercial use (unless you have otherwise obtained our prior written authorization).

b.Memberships. If you purchase a membership to use the Platform, you acknowledge that your membership will continue for the membership period you select and will auto renew for successive membership periods of the same length until you cancel your membership or we terminate it. The recurring membership 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 for each membership period until you cancel your membership or we terminate it. You may cancel your Zwift membership at any time, and you will continue to have access through the end of your current membership period (or free trial period, if applicable). 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, clicking on the 'billing' link under 'settings' and following the instructions. You must cancel your membership at least 24 hours before the end of a membership period in order to avoid being billed for the next membership period.

c.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.

d.Free Trials. Your membership may start with a free trial. Zwift reserves the right, in its sole discretion, to determine your free trial eligibility. Our Platform will indicate whether or not the free trial will automatically convert to a paid recurring membership upon expiration of the trial period. See Sections 7(b) and (c) above for how a paid recurring membership following the end of a free trial period will be charged and how you may cancel your membership.

e.Pausing Membership. The terms of this subsection only apply if we offer you the ability to pause your membership through your account. If you pause your membership, you must select when your membership will resume. If you do not cancel your membership before your selected resume date, your membership will resume automatically on the selected resume date. You may also be able to manually resume your membership through your account before your previously selected resume date. Your payment method will be charged on the date the membership resumes (which will be the pre-selected date or the date you manually resume the membership), and your new membership period starts on that date and will be subject to these Terms.

f.Pricing. Prices for products or 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.

g.Taxes. 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. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

h.Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Platform. 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 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 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.

i.Shipping; Risk of Loss. 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. Unless we state otherwise in writing via the Platform, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

j.Returns. Our Returns Policy details how and when you can return any physical 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.

k.Products Vary from Their Pictures. We strive to use the product listings on the Platform to give you the information you need to 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.

l.Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged).

m.Limited Warranties. Certain of the Zwift Products sold via our Platform may be subject to a limited warranty provided by Zwift. If your Zwift Product is subject to a limited warranty, the limited warranty for your Zwift Product will be made available to you online and will outline your exclusive remedies and the procedures you need to take to make a warranty claim. If your Zwift Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” That means that you bear the entire risk as to the quality and performance of the Zwift Product, and if the Zwift Product has a defect, then you assume the entire cost of any necessary repair or replacement. Regardless, please do contact us at support@zwift.com if you have a question or concern about any of the products you purchase via our Platform.

n.Remedies for 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, but unless otherwise stated on the product page, we do not offer a warranty on those products. That means they are sold by us “as is” and “with all faults.” 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. For any product sold via the Platform other than a Zwift Product, you agree that your remedy is solely with the product manufacturer and not Zwift.

o.No Refunds. Except to the extent refunds are required by law or as stated in our Return Policy for products purchased via our Platform, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases.

p.Push Notifications. By using our Platform, you consent to receive push notifications from us. These notifications may include updates, promotions, and other relevant information. You can manage your notification preferences in your device settings.

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”). You understand that we may use such Feedback 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. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify Zwift’s designated agent as follows:

Designated Agent Name: Copyright Agent

Address: Zwift, Inc., 111 West Ocean Blvd., Suite 1800, Long Beach, CA 90802

Phone: 562-304-9248

Email: legal@zwift.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Platform is infringing, you may be liable to Zwift for certain costs and damages.

12. THIRD-PARTY CONTENT AND INTEGRATIONS

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, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Certain Platform features or products we offer may allow you to connect or integrate them with third-party products and services (collectively, “Third-Party Integrations”). We do not endorse or guarantee the quality, reliability, or safety of any third-party services or products, even when they are capable of integration with the Platform or our products. You are solely responsible for deciding whether to implement a Third-Party Integration.

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 access to or use of the Platform or any items you purchase via the Platform; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Platform. 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. DISCLAIMERS; ASSUMPTION OF RISK

a.Your use of our Platform is at your sole risk. Except as otherwise provided in a writing by us, our Platform and any content or items sold therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Zwift does not represent or warrant that our Platform is accurate, complete, reliable, current or error-free. While Zwift attempts to make your use of our Platform safe, we cannot and do not represent or warrant that our Platform or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform.

b.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 even if caused in whole or part by the action, inaction or negligence of Zwift or by the action, inaction or negligence of others. 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).

c.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

a.To the fullest extent permitted by applicable law, Zwift and the other Zwift Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Zwift or the other Zwift Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

b.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 the 12 months preceding the claim.

c.The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud 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. RELEASE

To the fullest extent permitted by applicable law, you release Zwift and the other Zwift Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

17. TRANSFER AND PROCESSING DATA

In order for us to provide our Platform, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

18. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ZWIFT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND ZWIFT CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ZWIFT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ZWIFT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ZWIFT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 18(L), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS.

a.Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 18 apply to all Claims between you and Zwift. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Zwift, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms, the Zwift products, or the Platform, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

b.Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Zwift or if Zwift has a Claim against you, you and Zwift will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Zwift will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to Zwift by certified mail addressed to Zwift, Inc., ATTN: Legal Department, 111 West Ocean Blvd., Suite 1800, Long Beach, CA 90802 or by email to legal@zwift.com. Zwift will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Zwift. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Zwift cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Zwift file a Claim in court or proceed to arbitration without complying with the requirements in Section 18, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

c.Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Zwift, including any disputes in which you or Zwift seek injunctive or other equitable relief for the alleged unlawful use of your or Zwift’s intellectual property or other infringement of your or Zwift’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 18(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

d.Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use the products and Platform for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Zwift as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Zwift as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this Section 18 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Zwift to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). To the extent that you or Zwift prevail on a Claim and seek public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.

e.Arbitration Procedure and Location. You or Zwift may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.

Instructions for filing a demand for with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Zwift by certified mail addressed to Zwift, Inc., ATTN: Legal Department, 111 West Ocean Blvd., Suite 1800, Long Beach, CA 90802 or by email to legal@zwift.com. Zwift will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Zwift.

The arbitration will be conducted by a single arbitrator in the English language. You and Zwift both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Los Angeles, California, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Zwift agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

f.Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

g.Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

h.Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the last written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

i.Two Years to Assert Claims. To the extent permitted by law, any Claim by you or Zwift against the other must be filed within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Zwift will no longer have the right to assert that Claim.

j.Confidentiality. If you or Zwift submits a Claim to arbitration, you and Zwift agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Zwift agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

k.Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Terms. You or Zwift may advise the other of your or Zwift’s believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until these Terms permits such Mass Arbitration to be filed in arbitration or court.

Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.

After that point, counsel for the parties will select 30 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 18(k).

A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Zwift. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 18 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 19.

If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated.

If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

l.Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing legal@zwift.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.

m.Rejection of Future Arbitration Changes. You may reject any change we make to Section 18 (except address changes) by sending us notice of your rejection within 30 days of the change via email at legal@zwift.com. Changes to Section 18 may only be rejected as a whole, and you may not reject only certain changes to Section 18. If you reject changes made to Section 18, the most recent version of Section 18 that you have not rejected will continue to apply.

n.Severability. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

19. GOVERNING LAW AND VENUE

Any dispute, claim, or controversy between you and Zwift arising from or related to these Terms, the Zwift products, or your use of the Platform will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy between the parties that is not subject to arbitration or cannot be heard in small claims court will be exclusively resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California. You and Zwift waive any objection to venue in any such courts.

20. MODIFYING AND TERMINATING OUR PLATFORM

We reserve the right to modify our Platform or to suspend or stop providing all or portions of our Platform at any time. You also have the right to stop using our Platform at any time. We are not responsible for any loss or harm related to your inability to access or use our Platform.

21. 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, providing a notice through our Platform or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, 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. Unless material changes are made to the arbitration provision under Section 18, you agree that modification of these Terms does not create a new right to opt out of arbitration.

22. MISCELLANEOUS

a.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. Except as stated in Section 18(n), if any provision or part of a provision of these Terms is found to be 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. 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.” 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. Zwift will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond its reasonable control. You agree that communications and transactions between us may be conducted electronically.

b.We may supply different or additional 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. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

c.Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a complaint regarding the Platform that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.