Zwift Power & Zwift Terms & Privacy Policy

By accessing “ZwiftPower” (hereinafter “we”, “us”, “our”, “ZwiftPower”, “https://zwiftpower.com”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “ZwiftPower”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “ZwiftPower” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

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Privacy Policy

Last Updated: May 31, 2023

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, and other services (the “Services”). This Policy applies to our collection and use of personal information in connection with the Services 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.

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

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 to provide our Services to you; to fulfil customer orders and requests; to contact you from time to time; to provide you with information about our business; for customer support; to deliver advertisements and marketing promotions and offers about products we think may be of interest to you; to facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; to respond to your inquiries; to customize your experience; and to audit and analyze the placement and effectiveness of our advertisements and other marketing efforts.

We also use personal information to monitor or improve our Services; for internal business analysis; to prevent fraud, activities that violate our Terms of Service or other contracts, or that are illegal; and to protect our rights and the rights and safety of our users or others.

For those who interact with us in a commercial capacity, we use your personal information to engage in business transactions with the entity you represent and market to or engage in diligence with the entities you represent.

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 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.

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

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

Categories of Consumers’ Personal InformationCategories of Third Parties to Which We Disclosed Personal Information for Business Purposes
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.Service providers that process payments; verify customer information; manage customer information and provide customer service (including through our call center); fulfill orders; facilitate email communications; facilitate contests, sweepstakes, and promotions; provide security services and cloud-based data storage; host our website and assist with other IT-related functions; advertise and market our Services; provide analytics information; and provide legal and accounting services. Certain personal identifiers are also shared with other Zwift users and any third-party fitness apps connected to your Zwift account.
Protected class information: age; sex/gender.Service providers that manage customer information, advertise and market our products; provide analytics information. Age and sex/gender information may be shared with other Zwift users and any third-party fitness apps connected to your Zwift account.
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 usersService providers that process payments; verify customer information; manage customer information and provide customer service (including through our call center); fulfill orders; facilitate email communications; provide security services and cloud-based data storage; host our website and assist with other IT-related functions; advertise and market our Services; provide analytics information; review chat data to ensure compliance with Terms of Service; and provide legal and accounting services. Certain personal identifiers are also shared with other Zwift users and any third-party fitness apps connected to your Zwift account.
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 informationService providers that process payments; verify customer information; manage customer information and provide customer service (including through our call center); fulfill orders; facilitate email communications; provide security services and cloud-based data storage; host our website and assist with other IT-related functions; advertise and market our Services; provide analytics information; and provide legal and accounting services. Certain personal identifiers are also shared with other Zwift users and any third-party fitness apps connected to your Zwift account.
Financial information: method of payment and payment-related informationPayment processors
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 ServicesService providers that provide security services and cloud-based data storage; host our website and assist with other IT-related functions; advertise and market our products; and provide analytics information
Audio and visual information: recordings of customer service calls for quality assurance purposes; profile pictures; avatars; information about screen shots you takeService providers that manage customer information and provide customer service (including through our call center).
Inferences drawn from personal information collected Service providers that advertise and market our Services; provide analytics information
Sensitive personal information: account log in information and password; health information such as your height, weight, heart rate, and information related to your workoutsSee above

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 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 13. If you, as a parent or guardian, would like to set up a Zwift account for your child who is under 13, please first 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 13 (in the United States) or 16 (in the EEA) 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.

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

  • 150 Long Lane, London, SE1 4BS, United Kingdom

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 in the 12 months prior to our receipt of your request:

  • 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.

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.

VIRGINIA PRIVACY RIGHTS

The Virginia Consumer Data Privacy Act (“VCDPA”) grants Virginia residents 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.

  • 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.

While Virginia law provides the right to opt out of the sale of personal information, we do not sell personal information consistent with the definition of “sale” under Virginia law.

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 VCDPA.

Exercising Your Rights and How We Will Respond

Contact us at privacy@zwift.com to exercise the right to know, obtain a portable copy of, delete, or correct your personal information. 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.

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.

Verification of Identity – Requests to Know, Delete, 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.

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 the company needs (e.g., reference number) to identify denial of request. We will respond to your appeal within 60 days of our receipt of the request.

Terms of Service

Last Updated: October 2, 2022

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

These Terms of Service (“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 to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. 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

  1. If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user. Users under 16 (and their parents or legal guardians) must satisfy any consent mechanism required via the Platform. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.

  2. You may only establish an account on our Platform on behalf of a legal entity or organization with our prior written authorization. If you use our Platform on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

3. USER ACCOUNTS AND ACCOUNT SECURITY

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

  1. Our Platform may allow you and other users to create, post, store and share content, including messages, text, photos, audio, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Zwift.

  2. 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

  1. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not:

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

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

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

    4. Sell, resell or otherwise commercially use our Platform by (i) displaying the Platform in a commercial setting (like a cyber cafe, gaming center or other commercial establishment) (which is encouraged with the right display and synergies and with Zwift’s prior written authorization), (ii) selling, licensing or renting any items you purchase via the Platform (including in-game virtual items or physical products) or access to your account to any third party; (iii) performing activities on the Platform for others for compensation; or (iv) using the Platform for any “esports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity (which may also be encouraged depending on the circumstances and with Zwift’s prior written authorization);

    5. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors. In spite of the foregoing, you are welcome to capture or stream videos of you and other users (if you have their consent) participating in Zwift races or events, and to share those videos through video sharing services like Twitch, YouTube and other similar services, subject to the following limitations: (i) you may not do so in such a way that 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;

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

    7. Use our Platform other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;

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

    9. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information about a character or an environment without Zwift’s prior authorization;

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

    11. Develop or use any applications that interact with our Platform without our prior written authorization, including any cheats, mods or matchmaking services or applications that emulate or redirect the communication protocols used by Zwift in any way, including for unauthorized play over the Internet, network play, or as part of content aggregation networks;

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

    13. Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

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

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

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

    3. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

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

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

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

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

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

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

    10. In our 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.

  3. 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

  1. Zwift may offer different types of digital content, credits, coins or other virtual items for which you may earn or otherwise receive a limited license to use via the Platform (“Virtual Items”). You understand that while you may “earn” Virtual Items, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

  2. Third-Party Purchases or Sales. Zwift does not authorize, and expressly prohibits, the purchase of Virtual Items from third parties. You will not sell or purchase Virtual Items to or from other parties and will not make any offer related to a sale or purchase of Virtual Items.

  3. Redemption. Virtual Items may be redeemed solely 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.

  4. 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.

  5. Other limits. All Virtual Items may be unconditionally forfeited if your account is terminated or suspended for any reason or becomes inactive, as determined in Zwift’s 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

  1. 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).

  2. Memberships. If you purchase a membership to use the Platform, you acknowledge that your membership will auto renew until you cancel your membership or we terminate it. The membership period (or an indication that the membership will continue until cancelled) and the cost of the membership (during and after any initial promotional period) are disclosed prior to purchase. If you purchase a membership via our Platform, we automatically bill your payment method each month on the calendar day corresponding to the start of the paying portion of your membership (or on the last day of the month if such month does not have a sufficient number of days to include your membership start date (for example, if your membership started on March 31, the billing date in April will be April 30)). You may cancel your Zwift membership at any time, and you will continue to have access through the end of your membership period (or free trial period, if applicable). 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 each billing cycle in order to avoid being billed for the next month's membership.

  3. Memberships Purchased from Third-Party Platforms. If you started a Zwift membership by purchasing through a third-party platform (like Apple’s App Store), you will need to cancel through the tools made available by that third party, which may include visiting your account and turning off auto-renewing payments for your Zwift membership. If you purchase a membership through a third-party platform, the purchase is subject to those platforms’ payment terms and conditions. Zwift does not control how you can pay for or cancel memberships through those platforms.

  4. Free Trials. Your membership may start with a free trial. Zwift 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 membership upon expiration of the trial period. If so, unless you cancel your membership prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your membership upon expiration of the free trial period until you cancel or we terminate your membership.

  5. Pausing Membership. The terms of this subsection 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 renewal billing date will correspond to that date. See further details above on how renewal dates operate for subsequent months.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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).

  13. 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.

  14. 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.

  15. 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.

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: Justin Chi

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

Phone: 562-583-2115

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

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.

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

  1. 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.

  2. You understand that the Platform and certain of the products sold on the Platform are intended to be used in connection with athletic and fitness activities (including cycling, running and other sports). You expressly acknowledge that engaging in athletic or fitness activities as part of the Platform or the products you purchase carries certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities 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).

  3. Please consult your physician before using the Platform or products purchased via the Platform in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Platform or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Platform or your products.

15. LIMITATION OF LIABILITY

  1. 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.

  2. The total liability of Zwift and the other Zwift Parties for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Platform the 12 months preceding the claim.

  3. 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 the following section carefully because it requires you to arbitrate certain disputes and claims with Zwift and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  1. No Representative Actions. You and Zwift agree that any dispute arising out of or related to these Terms or our Platform is personal to you and Zwift and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  2. Arbitration of Disputes. Except for small claims disputes in which you or Zwift seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Zwift seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Zwift waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Platform (collectively, “Disputes”), including claims related to privacy and data security, resolved in court. Instead, for any Dispute that you have against Zwift, you agree to first contact Zwift and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Zwift by email at legal@zwift.com or by certified mail addressed to Zwift, Inc., ATTN: Legal Department, 111 West Ocean Blvd., Suite 1800, Long Beach, CA 90802. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Zwift cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 18, a “consumer” means a person using the Platform for personal, family or household purposes. You and Zwift agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

  3. You and Zwift agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

  4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Zwift, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

  5. You and Zwift agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Zwift will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Zwift will pay all JAMS fees and costs. You and Zwift agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

  6. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Zwift will not have the right to assert the claim.

  7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing legal@zwift.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.

  8. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall 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 (c) 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 and not in arbitration, and the parties agree that litigation of those claims shall 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 arising from these Terms and 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 between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California.

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

  1. 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. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 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.

  2. 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.

  3. 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.