Last Updated: January 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
BackPedal Ltd (“BackPedal”, “we”, or “us”) provides a theft protection service for ebikes through the BackPedal website (the “BackPedal Site”), through partnered mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and BackPedal-controlled social media pages (including on WhatsApp, Facebook, Instagram, TikTok, Linkedin and Twitter). We also sell hardware to facilitate this service, typically GPS trackers.
To make these Terms easier to read, the BackPedal Sites, Apps, and BackPedal-controlled social media pages are collectively called the “BackPedal Service” or “the Services”. By registering as a member or by visiting, browsing, or using the BackPedal Service in any way and having your usual residence in the United Kingdom, you (as a “user”) accept and agree to be bound by these UK Terms of Service (“Terms”), which forms a binding agreement between you and BackPedal.
If you do not wish to be bound by these Terms, you may not access or use the BackPedal Service. Certain elements of the BackPedal Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the BackPedal Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Who May Use the BackPedal Service
Membership Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a BackPedal membership subscription and become a Membership Holder.
We may, in our sole discretion, refuse to offer the BackPedal Service to any person or entity and change the eligibility criteria at any time.
We hope you’ll love your BackPedal order but if you want to return any of it we will happily refund you for any items you return to us in an unused and resalable condition within 28 days of receipt.
You can return your order via any reasonable postal service and we will reimburse the costs on production of the shipping receipt. Refunds will be made to your payment account within 5-7 days.
Shipping & delivery
Free shipping of all items to mainland UK addresses within 3-5 working days after purchase. Orders placed after the relevant cut-off time will be treated, for the purposes of delivery, as having been placed the next working day.
Working days are defined as Monday – Friday (excluding bank and public holidays) – therefore any orders placed after the relevant cut-off time on Friday will not be processed until Monday. We do not deliver on Sundays or English Bank Holidays.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
Membership Requirements Registration
To enjoy full access to the BackPedal Service, you must register as a member of the BackPedal Service and enter into a subscription agreement for access to our on-demand recovery service (a “Subscription”). Your Subscription is also governed by these Terms. You must provide complete and accurate registration information to BackPedal, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
One-off recovery. You can purchase a one-off recovery without being an existing member of the BackPedal service. Additional information about one-off theft recovery is available on our website.
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the BackPedal Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
Membership Structure and Fees
BackPedal will provide information on its membership and Subscription requirements on the BackPedal Site and/or by other means through the BackPedal Service. Features and prices are subject to change.
By purchasing or using a BackPedal Membership, you agree to these Terms. A “Member” is any individual who has a BackPedal account for personal, non-commercial use. A “Membership Holder” is any Member who activates and pays the monthly subscription fees for a Membership. A BackPedal Membership provides you with access to the BackPedal Service.
Notifying us. Upon becoming aware, or suspecting, that their Vehicle has been stolen, tje Membership Holder must immediately: i) notify BackPedal; ii) provide BackPedal with any and all requested information regarding the theft; and iii) provide BackPedal with any relevant App user credentials or tracking information of the stolen vehicle. BackPedal will not be liable to any person on any basis for any damage of whatever nature arising out of or incidental to the Membership Holder’s failure to follow the above steps or any other instructions issued by BackPedal from time to time in accordance with these Terms for use of the Service.
Recovery. The Membership Holder irrevocably authorises BackPedal and/or BackPedal’s authorised agents to recover and return an ebike to the Membership Holder to such location as may be specified between the parties (and, failing such agreement, such location as BackPedal reasonably determines in the circumstances). BackPedal and/or BackPedal’s authorised agents will carry out such recovery and return Vehicles at no extra charge to the Membership Holder.
Service limitations. Due to the many factors outside our control (including without limitation the nature of the technology, physical features such as underpasses, physical features of the ebike, other electronic devices, atmospheric conditions, the state of the ionosphere, GSM networks and GPS satellite availability, internet and website performance and availability and other causes of interference beyond BackPedal’s reasonable control), BackPedal does not warrant or guarantee that the Service will lead to recovery of the ebike or that the ebike will not be damaged in whole or part, or that any or all Services will operate properly or at all in adverse conditions or in the event of Force Majeure as defined in these Terms.
Damage. In no circumstances will BackPedal be liable for any damage incurred to any ebike pending its recovery to a specified location (other than damage caused directly by BackPedal’s negligence in the event that BackPedal itself actively performs the recovery).
Lifetime guarantee. Notwithstanding the Service limitations outlined in the previous clause, BackPedal will provide the Membership Holder with a full refund of all Subscription payments made by the Membership Holder under these Terms to BackPedal in the event that a stolen ebike is not recovered. An exception to this is if the Membership Holder has not notified BackPedal of the theft within 24 hours of the ebike being stolen. Any refund made will be repaid to the Membership Holder only.
Insurance. The Subscription charges are unrelated to the value of the ebike protected. No portion of the Service Charges is for insurance or is an insurance premium. You agree that BackPedal is not an insurer and is not providing you with any insurance coverage. To the extent you wish to have any insurance coverage you must take out a separate insurance policy from an insurance company at your own expense.
Billing Cycles and Auto-Renewal. Any Membership recurs on a monthly basis until it is cancelled in accordance with these terms. Billing occurs at the beginning of the Membership cycle and provides access for one month thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or BackPedal. To change or terminate your Membership, go to your Account Settings or contact Member Support at firstname.lastname@example.org.
Prepaid Periods. You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Membership.
Other Offers. BackPedal may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Terms.
Amount to be Charged. Membership Holders agree to pay the monthly fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither BackPedal, nor any BackPedal agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Termination; Account Deletion
Term. These Terms begin on the date you first use the BackPedal Service and continue as long as you have an account with us and/or continue to use the BackPedal Service.
Cancellation of Membership. You have 14 days after purchasing your Membership to change your mind and receive a refund. If you access the Services you will lose this right. Otherwise, if you no longer wish to use the Services, you may cancel your Membership with us as described in the "Billing Cycles and Auto-Renewal" section. If you terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed above.
Termination. BackPedal may, in BackPedal’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, if BackPedal determines that you have violated any applicable law, these Terms or that your conduct or User Content would tend to damage our reputation or goodwill. If BackPedal deletes your account, you may not re-register for or use the BackPedal Service under any other user name or profile except in the event that your account is deleted as a result of BackPedal’s minimum age requirements (as further detailed in Section 1) and you now meet these age requirements. BackPedal may block your access to the BackPedal Service to prevent re-registration
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by BackPedal will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and BackPedal is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to the BackPedal Service. BackPedal, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the BackPedal Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the BackPedal Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that: (i) all Content provided by BackPedal at no extra charge; and (ii) all User Content, which is accessed by you using the BackPedal Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the BackPedal Service.
As between you and BackPedal, you represent that you own (or have all rights necessary to grant BackPedal the rights below to) all User Content that you submit to the BackPedal Service, and that BackPedal will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant BackPedal a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the BackPedal Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to BackPedal or through the BackPedal Service about improving or adding new features or products to the BackPedal Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to BackPedal a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the BackPedal Service. Other than any obligations we have to remove or delete User Content under applicable law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms, BackPedal grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.
You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
copy, modify or create derivative works based on the App;
distribute, transfer, sublicense, lease, lend or rent the App to any third party;
reverse engineer, decompile or disassemble the App; or
make the functionality of the App available to multiple users through any means.
BackPedal reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The BackPedal Service will sometimes be provided to you through an app provided by a third party. These terms do not invalidate any terms you would have with the third-party provider of any app you use and BackPedal cannot be held responsible for them.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
You must also comply with all applicable third party terms of service when using the App.
General Prohibitions and BackPedal’s Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Content or engage in any activity that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
exploits minors or
promotes illegal or harmful activities or substances;
Attempt to access, scrape or search the BackPedal Service or Content or download Content from the BackPedal Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by BackPedal or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use the BackPedal Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by BackPedal;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the BackPedal Service or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the BackPedal Service or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the BackPedal Service;
Collect or store any personally identifiable information from the BackPedal Service from other users of the BackPedal Service without their express permission;
Copy, use, index, disclose or distribute any information or data obtained from the BackPedal Service, whether directly or through third parties (such as search engines), without BackPedal’s express written consent;
Alter, replicate, store, distribute or create derivatives from the Content available via the BackPedal Service except as expressly permitted in writing by BackPedal;
Impersonate or misrepresent your affiliation with any person or entity;
Access, use or exploit the BackPedal Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with BackPedal or the BackPedal Service;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the BackPedal Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the BackPedal Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the BackPedal Service and BackPedal’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the BackPedal Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Third-Party Software and Applications
Downloading and/or installing any third party software and/or applications that are not expressly authorized by BackPedal on any BackPedal hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by BackPedal.
Third-Party Links and Content
There may be links on the BackPedal Service that let you leave the particular BackPedal Service you are accessing in order to access a linked site that is operated by a third party. BackPedal neither controls nor endorses these sites, nor has BackPedal reviewed or approved the content that appears on them. BackPedal is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that BackPedal is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
BackPedal reserves the right to modify the BackPedal Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering the BackPedal Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the BackPedal Service.
BackPedal provides the BackPedal Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the BackPedal Service at your own risk. BackPedal expressly disclaims all warranties, conditions, statutory rights and implied terms that it is able to exclude under applicable law. Without limiting the foregoing, BackPedal makes no representations or warranties:
That the BackPedal Service is or will be permitted in your jurisdiction;
That the BackPedal Service will be uninterrupted or error-free;
Concerning any Content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the BackPedal Service will meet your personal or professional needs;
That BackPedal will continue to support any particular feature of the BackPedal Service; or
Concerning sites and resources outside of the BackPedal Service, even if linked to from the BackPedal Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
Limitation of Liability
Subject to the above, and to the fullest extent permitted by law:
BackPedal shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the BackPedal Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
BackPedal’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to BackPedal over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of BackPedal’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between BackPedal and you.
THE BACKPEDAL SERVICE OFFERS A THEFT RECOVERY SERVICE FOR EBIKES AND IS DESIGNED TO BE CONDUCTED BY PROFESSIONALS. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO RECOVER AN EBIKE YOURSELF OR INDUCE ANY OTHER PARTY TO RECOVER AN EBIKE. THE RECOVERY SERVICE WILL BE CONDUCTED BY BACKPEDAL EMPLOYEES, AFFILIATES AND GOVERNMENT AGENCIES ONLY.
Intellectual Property Acknowledgment
You acknowledge that the BackPedal Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All BackPedal-generated content, and content provided to BackPedal by its partners and licensors, is copyrighted individually and/or as a collective work under applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and BackPedal, BackPedal own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the BackPedal Service.
Intellectual Property Usage and Reporting Infringement
BackPedal respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the BackPedal Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please report it to us.
Contracting Entities, Governing Law and Jurisdiction
Residents of the United Kingdom are contracting with BackPedal Ltd (company number 13487789, registered address 3rd Floor, 86-90 Paul Street, London EC2A 4NE, VAT number: GB404211654) for the BackPedal Service. These Terms shall be governed by the laws of England and Wales.
Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. The failure to exercise or delay in exercising a right or remedy provided to a party under these Terms shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of these Terms shall constitute a waiver of any subsequent breach of the same or any other provision. Each right or remedy of a party under these Terms is without prejudice to any other right or remedy of that party under these Terms or at law. BackPedal’s rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without BackPedal’s prior written consent. BackPedal may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
You consent to receive all communications including notices, agreements, disclosures, or other information from BackPedal electronically. BackPedal may communicate by email or by posting to the BackPedal Service. For support-related inquiries and notices, you may email email@example.com.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the BackPedal Site and/or through the BackPedal Service. Modifications will be effective on the date that they are posted to the BackPedal Site. It’s important that you review the Terms whenever we update them before you use the BackPedal Service. If you continue to use the BackPedal Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the BackPedal Service anymore. Because the BackPedal Service is evolving over time we may change or discontinue all or any part of the BackPedal Service, at any time and without notice, at our sole discretion.
In the event of a conflict between any policies posted on the BackPedal Service and these Terms, these Terms will control. These Terms represents the entire understanding between BackPedal and you regarding the BackPedal Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.