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Terms and Conditions – Toecan Tracker, App, and Webshop

Last updated: May 21, 2025

1. Introduction

Please read these terms of use carefully before using the "TOECAN" application, the Toecan Bike Tracker (TBT-002), the Toecan webshop, or any other services. By accessing, browsing, or using this application or webshop, you declare that you have read, understood, and accepted these terms, including the privacy policy.

If you do not agree to these terms, please refrain from using our products or services and uninstall the application.

For questions, contact:

2. General Information

2.1. These services are provided by Toecan BV, Gistelse Steenweg 302/1, 8200 Bruges, Belgium.

2.2. The application and webshop are managed and provided by Toecan. By installing and using the application, you enter into a binding agreement with Toecan.

2.3. These terms are available via the app and website. Toecan reserves the right to modify these terms. Changes will be communicated through the app or website. Continued use after modification implies acceptance.

2.4. The application is owned by Toecan and is protected by applicable intellectual property laws.

2.5. If any provision is declared invalid, the remaining provisions remain in effect.

2.6. All applicable laws shall also apply to this agreement, even if not explicitly stated.

3. Definitions

  • Toecan: provider of the tracker, app, and webshop
  • User: any natural or legal person using the services
  • Application: the Toecan Bike app
  • Webshop​: bike.toecan.tech/shop
  • Tracker: TBT-002 GPS-tracker of or any other model offered by Toecan
  • TOECAN platform: infrastructure and technology including hardware, algorithms, and software
  • Ride: ride period as defined within the app (e.g., from movement to stop of at least 5 minutes)

4. Scope of Application

4.1. The app and tracker record driving behavior, location, and statistics. Data is anonymized unless otherwise agreed.

4.2. Compatibility: Android 6.0+ and iOS 11.4+ (excluding iPhone 5c). Rooted or jailbroken devices are not supported.

5. Application Subscription

5.1. Only registered users may use the app.

5.2. Upon registration: i. Provide accurate information ii. Do not use the app for illegal or harmful purposes iii. Respect Toecan’s reputation iv. Comply with local laws v. Follow your employer’s instructions (if applicable) vi. Avoid offensive usernames vii. Data or mobile provider costs are your responsibility viii. Ensure compatible equipment ix. Allow notifications x. You are responsible for your driving behavior and its consequences xi. Toecan may process pseudonymized data as outlined in the policy

5.3. Security: you are responsible for your account credentials. Unauthorized use must be reported immediately.

6. Use of the Application

6.1. Use the app responsibly while driving.

6.2. The app requires active access to location, motion sensors, Bluetooth, WiFi, GPS, etc. Do not close the app during use.

6.3. By using the app, you agree to the evaluation of your driving behavior and data processing.

6.4. Toecan uses OpenStreetMap data (ODbL license).

7. User Obligations

7.1. You may install only one copy of the app for personal use. Sale or redistribution is prohibited.

7.2. It is forbidden to:

  • Circumvent security features
  • Perform reverse engineering
  • Make multiple copies
  • Publish or rent the app
  • Distribute or use the app for commercial purposes

8. Privacy and Data Processing

8.1. Data is processed in accordance with the GDPR. It may be used for analysis, improvement, and academic research.

8.2. Data will not be shared unless legally required or essential for service delivery.

8.3. Security measures have been implemented in compliance with GDPR.

9. Intellectual Property

9.1. The app, software, texts, visuals, and algorithms are the property of or licensed to Toecan.

9.2. Reproduction, distribution, or commercial use without permission is prohibited.

9.3. You are granted a temporary, personal right to use the app. No ownership is transferred.

9.4. Toecan reserves the right to take action against violations and prohibit illegal copies.

9.5. Decompiling or creating derivative works is strictly prohibited.

10. Disclaimer

10.1. The app is provided “as is.” No guarantees are made regarding error-free or uninterrupted operation.

10.2. Toecan is not liable for damage to vehicles or smartphones caused by using the app or tracker.

10.3. Driving/Riding behavior is your own responsibility. The app does not influence driving/riding.

10.4. No liability for limitations or settings of mobile devices or operating systems.

10.5. Toecan is not a party to disputes between users and third parties.

10.6. Use is at your own risk. You indemnify Toecan from liability beyond contract breaches.

11. Termination

11.1. In cases of misuse, fraud, or violation, Toecan reserves the right to block the account.

11.2. You may uninstall the app and request data deletion at any time according to our privacy policy.

12. Maintenance and Support

12.1. Maintenance or updates are not obligatory.

12.2. Toecan may issue automatic updates. By using the app, you agree to such updates.

13. Webshop Terms

13.1. Product prices include VAT.

13.2. Payment is made through available payment methods. Orders are binding after confirmation.

13.3. Delivery is via third parties. Toecan is not responsible for external delays.

13.4. You have a 14-day right of withdrawal for physical products.

14. Applicable Law and Disputes

14.1. These terms are governed by Belgian law.

14.2. Disputes will be resolved via mediation (WIPO rules, Brussels). Language: Dutch or English.

Contact Information

Toecan BV

Gistelse Steenweg 302/1, 8200 Brugge, België

E-mail: support@toecan.com

Website: www.toecan.bike