1. Acceptance of Terms
By accessing or using Cyclora services (the “Platform”), including our mobile application and website, you accept these Terms of Service (“Terms”). If you do not agree with these Terms, do not use our services.
Legal Framework
These Terms are governed by the following Colombian and international regulations:
- Law 1480 of 2011 — Consumer Protection Statute
- Law 2439 of 2024 — Amendments to the Consumer Protection Statute for e-commerce
- Law 527 of 1999 — Electronic commerce and validity of electronic documents
- Law 1581 of 2012 — Personal data protection
- Law 2300 of 2023 — Consumer contact regulation
- Decree 1074 of 2015 — Single regulatory decree for commerce
If you reside outside Colombia, the consumer protection rules of your country are set out in the market-specific sections: European Union (Section 19), Mexico (Section 23) and Chile (Section 24). Those rules are non-waivable and prevail over any provision of these Terms that contradicts them.
Provider Information (Art. 50, Law 1480)
In compliance with Article 50 of Law 1480 of 2011 and Law 633 of 2000:
- Provider: CYCLORA TECH S.A.S. — “Cyclora” is its trade name
- NIT (Colombian tax ID): 902096765-1
- Commercial registration: 4142545, Bogotá Chamber of Commerce
- Address for judicial notifications: Bogotá D.C., Colombia
- Email: [email protected]
- Website: https://www.cyclora.app
2. Service Description
Cyclora is a comprehensive bicycle management platform that offers:
- Vehicle management: Registration and administration of bicycles
- Digital property cards: Verification documents with QR code
- Maintenance control: Service history and scheduling
- Inventory and component management: Administration of spare parts and installable bicycle components
- Store management: Tools for bicycle shops
- Electronic invoicing: Tools for configuration and issuance of electronic invoices (see Section 25.3)
3. Registration and User Account
3.1 Requirements
To use our services you must:
- Be at least 18 years old
- Provide truthful and up-to-date information
- Maintain the confidentiality of your credentials
- Notify us immediately of any unauthorized use
3.2 Account Responsibility
You are responsible for all activities performed under your account. Cyclora will not be liable for losses resulting from unauthorized use of your account.
3.3 Verification
We reserve the right to verify user identity and the accuracy of information provided.
4. Acceptable Use
4.1 User Commitments
You agree to:
- Use the platform only for lawful purposes
- Not interfere with service operation
- Not attempt to access restricted areas of the system
- Not upload illegal, offensive content or content that infringes third-party rights
- Provide accurate information about your bicycles
4.2 Prohibitions
The following are prohibited:
- Using the platform for fraudulent activities
- Publishing false information about bicycles or components
- Impersonating other persons
- Using bots, scrapers, or other automated tools without authorization
- Reselling or redistributing our services without permission
5. User Content
5.1 Ownership
You retain ownership of all content you upload to the platform (photos, documents, etc.).
5.2 License
By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display such content for the purpose of providing services.
5.3 Responsibility
You are responsible for ensuring you have the right to upload content and that it does not infringe third-party rights.
6. Digital Property Cards
6.1 Nature of the Document
Digital property cards issued by Cyclora are reference documents that facilitate bicycle identification. They do not constitute legal property titles.
6.2 Information Accuracy
The user is responsible for the accuracy of information registered on property cards.
6.3 Verification
The QR code allows verification of document authenticity on our platform, but does not guarantee the legal origin of the bicycle.
7. Payments and Billing
7.1 Subscription Plans
We offer different subscription plans with specific features and limits as detailed on our pricing page.
7.2 Payment Method
Payments are processed through the gateways enabled for your country, currently MercadoPago. By providing payment information, you warrant that you are authorized to use that payment method. Available payment methods and the billing currency are shown during checkout.
7.3 Automatic Renewal
Subscriptions automatically renew at the end of each period. You can cancel at any time before renewal.
7.4 Refunds
Refunds are processed according to our refund policy and applicable legislation.
7.5 Price Changes
We reserve the right to modify prices with 30 days advance notice.
7.6 Early Access Pricing
Cyclora is in Early Access. The prices published on our pricing page are launch prices, are marked with an asterisk (*), and are subject to the following conditions:
- These prices may increase when the Platform leaves Early Access or when features that broaden the scope of the service are added
- Any increase will be communicated at least thirty (30) calendar days in advance, by email to your registered address and through an in-app notice, in accordance with Section 7.5
- The new price will only apply from the billing period following the expiry of that notice. No increase affects a period already paid for
- You may cancel your subscription before the new price takes effect, without penalty, keeping access until the end of the period already paid for
- During Early Access some features may be incomplete, under evaluation, or subject to change. This does not alter the legal warranty or the non-waivable rights granted to you by Sections 21 through 24 according to your country of residence
8. Intellectual Property
8.1 Cyclora’s Rights
The platform, including its design, code, logos, trademarks, and original content, are owned by Cyclora and protected by intellectual property laws.
8.2 Limited Use
You may not copy, modify, distribute, or create derivative works from our content without written authorization.
8.3 Feedback
Any suggestions or feedback you provide may be used by Cyclora without obligation of compensation.
9. Privacy
The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms.
10. Limitation of Liability
10.1 Service Availability
We strive to maintain 24/7 service availability, but do not guarantee uninterrupted availability. We may perform scheduled maintenance or experience unforeseen interruptions.
10.2 Disclaimer of Warranties
The service is provided “as is” and “as available.” We do not warrant that:
- The service will be uninterrupted or error-free
- Results obtained will be accurate or reliable
- The service will meet your specific expectations
10.3 Liability Limit
To the maximum extent permitted by law, Cyclora shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of data, profits, or business opportunities
- Damages exceeding the amount paid for the service in the last 12 months
10.4 Exceptions
The above limitations do not apply in cases of willful misconduct or gross negligence.
11. Indemnification
You agree to indemnify and hold harmless Cyclora, its directors, employees, and agents against any claims, damages, or expenses arising from:
- Your breach of these Terms
- Your misuse of the service
- Infringement of third-party rights
12. Termination
12.1 By User
You may cancel your account at any time from Settings > Account > Delete account.
12.2 By Cyclora
We may suspend or terminate your access if:
- You breach these Terms
- You use the service fraudulently
- You fail to pay applicable fees
- Required by court order or law
12.3 Effects of Termination
Upon termination:
- You will lose access to your account and data (subject to legal retention)
- Outstanding payment obligations will remain in effect
- Provisions that by their nature should survive will continue in force
13. Modifications to Terms
We may modify these Terms occasionally. Significant changes will be notified at least 30 days in advance through:
- Email to your registered address
- In-app notification
- Prominent notice on our website
Continued use of the service after changes constitutes acceptance of the new Terms.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Cyclora.
14.2 Severability
If any provision is found invalid, the remaining provisions will remain in effect.
14.3 Waiver
Failure to exercise a right does not constitute a waiver thereof.
14.4 Assignment
You may not assign these Terms without our consent. Cyclora may assign its rights and obligations to a successor.
15. Force Majeure
Neither party shall be liable for failure or delay in performing its obligations when such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, hurricanes)
- Pandemics or epidemics
- Armed conflicts, terrorism, or civil unrest
- Government actions, embargoes, or sanctions
- Internet or telecommunications infrastructure failures beyond our control
- Massive cyber attacks (infrastructure-level DDoS)
- Strikes or labor disputes
The affected party shall notify the other party as soon as reasonably possible and make reasonable efforts to mitigate the effects of the force majeure event.
16. Dispute Resolution
16.1 Direct Negotiation
Any dispute related to these Terms shall first be resolved through direct negotiation between the parties. The party raising the dispute shall send a written notification describing the issue and proposed solution.
16.2 Mediation
If the dispute is not resolved within 30 days of the notification, the parties shall submit to a mediation process before a qualified mediator in Bogotá, Colombia. Mediation costs shall be shared by the parties.
16.3 Arbitration
If mediation does not resolve the dispute within 60 days, either party may submit the dispute to binding arbitration administered by the Center for Arbitration and Conciliation of the Bogotá Chamber of Commerce, in accordance with its current rules.
16.4 Courts
Notwithstanding the above, either party may resort to competent courts to request precautionary or emergency measures.
17. Refund Policy
17.1 Monthly Subscriptions
- You may cancel at any time. Your access will continue until the end of the current billing period
- No partial refunds are made for months not fully used
- Full refund within the first 7 days if you have not used premium features
17.2 Annual Subscriptions
- Pro-rata refund during the first 30 days, deducting months used
- After 30 days, no refunds are made except for serious service defects
17.3 Digital Services
- Digital services contracted through Cyclora are subject to the refund conditions of the corresponding plan
- No refunds are made for electronic invoicing configuration services or other integrations already executed
17.4 Procedure
To request a refund:
- Send your request to [email protected] within the applicable timeframe
- Include your reason and account details
- You will receive a response within a maximum of 10 business days
- Approved refunds will be processed to the original payment method within 5-10 business days
18. Content Moderation
18.1 Moderation Criteria
Cyclora moderates user-published content to ensure compliance with these Terms and applicable legislation. We may moderate:
- Vehicle and component information
- Property card information
- Inventory data and maintenance records
18.2 Moderation Process
- Automated moderation: Automatic filters to detect clearly prohibited content
- Manual review: Content reported by users or flagged by the system
- Appeal: Users can appeal moderation decisions by sending a request to [email protected] within 15 days
18.3 Moderation Actions
Depending on the nature of the violation, we may:
- Request content editing
- Temporarily hide content until corrected
- Permanently remove content
- Apply the consequences described in the Acceptable Use Policy
19. European Union Users
If you reside in the European Union or the European Economic Area:
19.1 Jurisdiction
In accordance with Article 79 of the GDPR, you may bring legal proceedings before the courts of the Member State where you have your habitual residence, without prejudice to any other administrative or non-judicial remedy.
19.2 Consumer Rights
If you are a consumer in the EU, nothing in these Terms affects your rights as a consumer under the mandatory legislation of your country of residence, including:
- 14-day right of withdrawal for online purchases (Directive 2011/83/EU)
- Consumer Rights Directive protections
- Unfair Commercial Practices Directive regulations
19.3 Online Dispute Resolution Platform
The European Commission provides an online dispute resolution platform available at ec.europa.eu/odr.
20. Governing Law and Jurisdiction
20.1 General Rule
These Terms are governed by the laws of the Republic of Colombia. Any dispute shall be resolved according to the mechanism described in Section 16 and, ultimately, before the competent courts of Bogotá, Colombia.
20.2 EU Users
For users residing in the European Union or the EEA, the provisions of Section 19 apply.
20.3 Mexican and Chilean Users
The choice of law and forum in Section 20.1 does not deprive a consumer residing in Mexico or Chile of the protection afforded by the mandatory rules of their country of habitual residence, which are non-waivable:
- Mexico: Federal Consumer Protection Law (Section 23)
- Chile: Law 19,496 on Consumer Rights Protection (Section 24)
In both cases you retain the right to turn to the consumer authority and the competent courts of your domicile.
21. Colombian Consumer Rights
In accordance with Law 1480 of 2011 (Consumer Protection Statute), Law 2439 of 2024, and other applicable regulations, Colombian consumers have the following rights:
21.1 Right of Withdrawal (Art. 47, Law 1480)
As this is a distance sale through electronic commerce:
- You have the right to withdraw from the purchase within five (5) business days following delivery of the good or execution of the service contract
- To exercise withdrawal, send your request to [email protected] indicating your name, account number, and the service contracted
- The refund will be processed within fifteen (15) calendar days following the request, in accordance with Law 2439 of 2024
- Withdrawal does not apply when the digital service has already been fully used or downloaded
21.2 Payment Reversal (Art. 51, Law 1480)
When you have been subject to fraud, an unsolicited transaction, or the acquired service does not correspond to what was offered, you may request payment reversal through:
- Your financial institution or payment method (MercadoPago)
- Directly to Cyclora at [email protected]
The request must be made within five (5) business days following knowledge of the fraud or discrepancy. Cyclora will cooperate with the investigation and provide the required information.
21.3 Legal Warranty (Art. 7-17, Law 1480)
- Cyclora’s digital services are covered by the legal warranty of proper functioning
- If you experience defects or failures in the contracted service, you have the right to:
- Correct provision of the service
- Refund of the price paid
- Proportional price reduction
- For warranty claims, contact [email protected]
21.4 Information and Advertising (Art. 23-33, Law 1480)
- All information about our services, prices, and conditions will be truthful, sufficient, clear, timely, and verifiable
- Cyclora’s advertising will be binding and forms an integral part of the contract
- For contracts entered into in Colombia, prices will be displayed with all taxes included (IVA) and in Colombian pesos (COP). In other markets they will be displayed in the applicable legal tender, per Section 7.2
- The launch pricing condition described in Section 7.6 is disclosed prominently next to every published price
21.5 Contractual Protection (Art. 37-45, Law 1480)
- These Terms do not contain abusive clauses as defined in Article 42 of Law 1480
- Any clause that limits non-waivable consumer rights shall be deemed unwritten
- General conditions shall prevail over particular conditions only when more favorable to the consumer
21.6 Complaints to the SIC
Without prejudice to the dispute resolution mechanisms provided in Section 16, as a Colombian consumer you may file complaints with:
- Superintendence of Industry and Commerce (SIC)
- Web portal: www.sic.gov.co
- Helpline: 01 8000 910 165
- Address: Carrera 13 No. 27-00, Bogotá D.C.
The SIC has jurisdiction over consumer protection, unfair competition, and personal data protection matters.
22. Consumer Contact Regulation (Law 2300 of 2023)
In compliance with Law 2300 of 2023 (“Consumer Contact Law”):
22.1 Contact Hours
- Cyclora will only send commercial and collection communications within legally permitted hours
- Business days: Monday to Friday, 7:00 AM to 7:00 PM (Colombian time)
- Saturdays: 8:00 AM to 3:00 PM
- Sundays and holidays: No commercial or collection contacts will be made
22.2 Frequency and Channels
- We will not make more than one (1) communication per channel per day for the same matter
- Channels used may include: email, in-app push notifications, and SMS
- We will not use personal social media or instant messaging for collections
22.3 Right to Not Be Contacted
- You may request cessation of commercial communications at any time
- To stop receiving communications: send an email to [email protected] or use the “Unsubscribe” option in our emails
- Your request will be processed within five (5) business days
23. Mexican Consumer Rights
If you contract Cyclora services from the United Mexican States, the following provisions apply, without prejudice to the rest of these Terms.
23.1 Legal Framework
- Federal Consumer Protection Law (LFPC)
- NOM-151-SCFI-2016 — Preservation of data messages
- Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP)
- Federal Tax Code and SAT provisions on Digital Tax Receipts via Internet (CFDI)
23.2 Non-Waivable Character (Art. 1 LFPC)
The rights that the LFPC grants to consumers are non-waivable. Any provision of these Terms that contravenes them shall be deemed not written. Section 20.1 on governing law does not deprive you of turning to PROFECO or to the courts of your domicile.
23.3 Right of Cancellation (Art. 56 LFPC)
- In transactions entered into by electronic means you may cancel the contract within five (5) business days following its execution, without any liability
- To exercise it, send your request to [email protected] stating your name and account details
- The refund will be issued through the same payment method used
23.4 Information and Advertising (Arts. 7, 7 Bis, 32 and 34 LFPC)
- Cyclora’s information and advertising will be truthful, verifiable, and free of text that may mislead
- Prices will be displayed clearly, in national currency when the contract is entered into in Mexico, and with applicable taxes indicated
- Under Article 7 Bis, the total price and its launch pricing condition (Section 7.6) are disclosed before contracting, including the possibility of an increase when Early Access ends
23.5 Adhesion Contracts and Abusive Clauses (Arts. 85-90 LFPC)
- These Terms constitute an adhesion contract
- They contain no clause allowing Cyclora to unilaterally modify the essential content of a service already contracted and paid for, nor requiring the consumer to waive their rights
- Clauses providing limitation periods shorter than the statutory ones, or shifting the provider’s own risks to the consumer, shall not be valid
23.6 Complaints before PROFECO
- Federal Consumer Protection Agency (PROFECO)
- Website: www.gob.mx/profeco
- Consumer phone: 55 5568 8722 · 800 468 8722
- Online conciliation: concilianet.profeco.gob.mx
23.7 Electronic Invoicing (CFDI)
When the Platform enables CFDI issuance, you are responsible for holding a valid Digital Seal Certificate (CSD) and for meeting your tax obligations before the SAT, under the terms of Section 25.3.
24. Chilean Consumer Rights
If you contract Cyclora services from the Republic of Chile, the following provisions apply, without prejudice to the rest of these Terms.
24.1 Legal Framework
- Law 19,496 on Protection of Consumer Rights (LPDC), as amended by Law 21,398 (the “Pro Consumer Law”)
- Law 19,628 on Protection of Private Life
- Law 19,799 on electronic documents and electronic signatures
- Resolutions of the Internal Revenue Service (SII) on Electronic Tax Documents (DTE)
24.2 Non-Waivable Character (Art. 4 LPDC)
The rights established by Law 19,496 in favour of consumers may not be waived in advance. Any stipulation to the contrary shall be deemed not written. Section 20.1 does not prevent you from turning to SERNAC or to the local police courts of your domicile.
24.3 Right of Withdrawal (Art. 3 bis LPDC)
In contracts entered into by electronic means you may unilaterally terminate the contract within ten (10) days counted from contracting the service. To exercise it, write to [email protected] stating your account details.
24.4 Basic Commercial Information (Arts. 1 No. 3, 30 and 32 LPDC)
- Relevant information about the service, its conditions, and its price is provided in Spanish and, where the contract is entered into in Chile, in national currency
- The stated price includes applicable taxes
- The launch pricing condition described in Section 7.6 is disclosed before contracting and any increase will be communicated with the notice period stated therein
24.5 Abusive Clauses (Art. 16 LPDC)
These Terms contain no clause granting Cyclora the power to unilaterally modify a contract already entered into, nor limiting its liability for damages arising from wilful misconduct or gross negligence. Any such clause is void under Article 16 LPDC.
24.6 Complaints before SERNAC
- National Consumer Service (SERNAC)
- Website: www.sernac.cl
- Phone: 800 700 100
24.7 Electronic Tax Documents (DTE)
When the Platform enables DTE issuance, you are responsible for holding your digital certificate and a RUT enabled before the SII, under the terms of Section 25.3.
25. Responsibility as Digital Intermediary
25.1 Cyclora’s Responsibility as a Contact Portal
In accordance with Law 1480 of 2011 and SIC interpretations, Cyclora, in its capacity as a contact portal and e-commerce platform:
- Is responsible for the truthfulness of information it directly publishes about its own services
- Is not responsible for information registered by users about their vehicles, components, or inventory, but will implement reasonable verification mechanisms
- Will adopt measures to remove illicit content once it has effective knowledge of its existence
25.2 Duties as an E-Commerce Platform
Pursuant to Article 50 of Law 1480 and Law 2439 of 2024:
- Clearly and visibly inform transaction conditions
- Maintain accessible and efficient consumer service mechanisms
- Keep electronic records of transactions for the legally required period
- Facilitate exercise of the right of withdrawal and payment reversal
- Provide tools for electronic invoicing configuration by the user
25.3 Electronic Invoicing
Cyclora provides technological tools for users to configure and manage their own electronic invoicing. It is important to note that:
- Cyclora acts as a technology platform, not as an invoice issuer on behalf of companies. The responsibility for issuing and validating electronic invoices lies with the user
- The user is responsible for validating documentation and meeting the legal and tax requirements necessary to operate electronic invoicing, including registration with DIAN
- Associated costs for electronic invoicing configuration, enablement, and maintenance (such as digital certificates, numbering resolutions, validation software, or other DIAN requirements) are the sole responsibility of the user
- The user is responsible for verifying that their tax information (NIT/CC, business name, tax regime) is correct and up to date on the platform
- Cyclora is not responsible for billing errors resulting from incorrect information or inadequate configurations made by the user
26. Contact
For inquiries about these Terms:
- Email: [email protected]
- Subject: Legal Inquiry - [Your name]
- Consumer service: [email protected]
- Billing: [email protected]
For formal complaints under Law 1480 of 2011:
- Email: [email protected]
- Response time: Maximum fifteen (15) business days
By using Cyclora, you confirm that you have read, understood, and accepted these Terms of Service.