Strava Metro Terms of Use

Strava Metro Terms of Use

LAST UPDATED September 4th, 2026

These Strava Metro Terms of Use, as updated from time to time ("Metro Terms") are an agreement by and between Strava, Inc., with its registered offices at 181 Fremont Street, 27th Floor, San Francisco, CA 94105, or, if you are in the European Economic Area (“EEA”), Strava Ireland Limited ("Strava") and you. “You” means you individually as an Authorized User (as defined below) or the entity that you represent as the Licensee (as defined below). If you are entering into these Metro Terms for an entity, you represent and warrant to us that you have the legal authority to bind that entity to these Metro Terms. These are the most current Metro Terms and replace any previous versions. BY ACCESSING OR USING THE STRAVA METRO SERVICE AND THE STRAVA DATA, YOU AGREE TO THESE METRO TERMS. IF YOU DO NOT AGREE TO THESE METRO TERMS, YOU MAY NOT ACCESS OR USE THE STRAVA METRO SERVICE OR STRAVA DATA THEREIN. These Metro Terms were written in English. To the extent a translated version of these Metro Terms conflicts with the English version, the English version controls. 

NOTICE REGARDING DISPUTE RESOLUTION: THESE METRO TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND STRAVA ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL—UNLESS YOU RESIDE IN THE EU OR JURISDICTIONS WHERE PROHIBITED—WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST STRAVA ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

Here are a few highlights:

  • You may use Strava Metro only for the specific project you described in your application. 

  • Your Strava Metro login is for your individual use. Do not share it–not with colleagues, not with contractors, not with anyone.

  • Do not share, redistribute, resell, or publicly post the underlying Strava Data. You may share Licensee Reports that comply with these Metro Terms.

  • Every Licensee Report must carry the attribution: “This report includes aggregated and de-identified data from Strava Metro.”

  • Submit any Licensee Report intended for external publication to Strava at least thirty (30) days before publication.

  • Consultants may use Strava Metro only when engaged under a formal contract with an active Metro partner, subject to the restrictions below. 

  • You may not use Strava Data to train, fine-tune, evaluate, or benchmark machine-learning or AI systems, ingest Strava Data into any AI or machine-learning system to generate reports, summaries, or other output, or use Strava Data to develop competitive products.

  • Strava reserves the right to suspend or terminate access for any violation of these Metro Terms, including, but not limited to, data breaches on the Licensee's side.

  • Access to Strava Metro is granted for one (1) year and is renewable at Strava's discretion. 

1. Definitions

Capitalized terms will have the meanings set forth below or otherwise defined in these Metro Terms:

1.1. "Academic Program" means the Strava Metro for Academic Researchers Program, under which qualifying academic researchers may access Strava Data solely for non-commercial academic research consistent with these Metro Terms and any supplemental Academic Program terms Strava may publish from time to time.

1.2. "Authorized User" means an individual employee of the Licensee, or an individual employee or personnel of a Consultant retained in accordance with Section 2.4, who Licensee allows to access the Strava Metro Service and/or Licensee Reports on behalf of Licensee.

1.3. "Confidential Information" means all non-public information disclosed by Strava or the Licensee ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, but not limited to, information about the Disclosing Party's business, employees, providers, business plans, marketing plans, product roadmaps, technology, algorithms, and source code. Strava's Confidential Information includes, but is not limited to, the Strava Data and any communications made by Strava to Licensee, whether written or oral. Licensee's Confidential Information includes the Licensee Reports.

1.4. "Consultant" means a third-party organization retained under a formal written contract by a Contracting Partner (as defined in Section 2.4) to perform transportation planning, active-transportation, tourism, or related infrastructure work on behalf of the Contracting Partner.

1.5. "Counter Data" means counter locations, observation counts, and related metadata contributed to the Strava Metro Service by Licensees or other third parties from physical or virtual counting devices. Counter Data is distinct from, and not part of, Strava Data.

1.6. "Edge Counts" means the Strava Metro Service feature that shows trip counts along each individual street, path, or trail, mapped onto the OpenStreetMap network.

1.7. "Licensee" means the entity or organization that is accessing the Strava Metro Service.

1.8. "Licensee Reports" means summaries, research papers, studies, reports, charts, tables, graphs, and other analyses that incorporate, are based on, or are otherwise created using Strava Data licensed pursuant to these Metro Terms.

1.9. "License Term" means the one (1) year period of Licensee's authorized access to the Strava Metro Service, beginning as of the date Licensee's application for access is approved by Strava.

1.10. "Project Type" means the use case (including an initiative, project, pilot, or program) identified in the Licensee's application for access, in support of which the Strava Metro Service and Strava Data are being licensed to Licensee and for which Licensee Reports are generated consistent with these Metro Terms.

1.11. "Strava Data" means the Strava-owned or licensed data accessed by the Licensee via the Strava Metro Service, or any other data provided or owned by Strava. Strava Data shall adhere to the privacy selections of Strava users and will be aggregated and de-identified based on Strava's internal policies and procedures.

1.12. "Strava Metro Service" means the cloud-based website and data manipulation software made available by Strava pursuant to these Metro Terms, as updated by Strava from time to time.

1.13. "Territory" means the geographic areas with respect to which Strava Data will be made available via the Strava Metro Service.

1.14. "Tourism Use Case" means a Project Type submitted by a destination-management organization, tourism board, government agency, nonprofit, or their Consultants for the purpose of understanding, planning, or promoting outdoor tourism activity within the applicant's Territory.

2. Licensed Rights

2.1. Access to Strava Metro Service.  

2.1.1. Eligibility. Strava Metro is available to organizations that plan, own, or maintain active transportation or outdoor recreation infrastructure, or that seek to positively influence active transportation or outdoor recreation planning processes, and whose intended use falls within a Project Type approved by Strava in its sole discretion. Prospective Licensees apply for access by completing an application. Additional eligibility requirements apply to access by Consultants (Section 2.4), and access under the Academic Program (Section 2.5) and a Tourism Use Case (Section 2.6).

2.1.2. Licensee Rights. Upon Strava's approval of Licensee's application, and subject to the terms and conditions of these Metro Terms, Strava hereby grants the following rights to Licensee and Licensee's Authorized Users: Licensee and its Authorized Users are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the License Term to: (a) access and use the Strava Metro Service and Strava Data therein solely to evaluate the Strava Data and prepare Licensee Reports solely for the specific Project Type identified in Licensee's application for access and in compliance with the terms of these Metro Terms; (b) to create and use the Licensee Reports for Licensee's (or its affiliates', or subsidiaries') benefit solely in connection with the Project Type; and (c) for Licensee, to authorize its employees (and, where expressly permitted under Section 2.4, the personnel of its retained Consultants) to become Authorized Users. Licensee and Authorized Users shall maintain the confidentiality and security of their login credentials to access the Strava Metro Service, Strava Data, and/or Licensee Reports. Licensee shall take commercially reasonable precautions to protect against theft, loss, or fraudulent use of such credentials, and shall immediately inform Strava of such theft, loss, or fraudulent use. LOGIN CREDENTIALS MAY NOT BE SHARED. Each set of login credentials to the Strava Metro Service is unique to the individual Authorized User to whom it is issued and may not be shared, transferred, or delegated to any other person — including any other employee of the Licensee, any contractor, or any Consultant. Any credential sharing is a material breach of these Metro Terms and, on discovery, will result in immediate suspension of the affected credentials and may result in termination of Licensee's access.

2.1.3. Further Acknowledgments. Licensee hereby acknowledges and agrees that: (a) Licensee shall remain liable to Strava for any acts or omissions of Licensee and its Authorized Users and Consultants in violation of the terms and conditions of these Metro Terms; (b) it does not obtain any use or other rights or interest in or to the Strava Metro Service or Strava Data except for the relevant limited rights expressly set forth in these Metro Terms; (c) Strava will have the right to immediately and without liability to Licensee, Authorized User or anyone else suspend and/or terminate Licensee's and/or Authorized User's access to or license rights with respect to the Strava Metro Service or Strava Data if Strava reasonably and in good faith believes or suspects that Licensee is engaged in any conduct that violates these Metro Terms, the rights of third parties, in any way creates circumstances that are likely to diminish, tarnish, or otherwise lessen Strava's brand, reputation, or goodwill, or otherwise constitutes unlawful activity; (d) subject to any limiting terms otherwise set forth in these Metro Terms, Strava may exercise and enforce all of its rights and remedies under these Metro Terms or under law or equity; and (e) Strava has no obligation to provide any updates to the Strava Data or Strava Metro Service, or provide new data otherwise collected by Strava.

2.1.4. OpenStreetMap (Edge Counts Only). Strava Data exported using the Edge Counts feature of the Strava Metro Service is keyed to the OpenStreetMap ("OSM") network and provided in an OSM-compatible format. Licensee's use of OSM data is subject to the OpenStreetMap Copyright and additional license terms available at https://www.openstreetmap.org/copyright. Other export types offered by the Strava Metro Service are not derived from OSM and are provided in the formats then made available by Strava. Licensee agrees that Strava bears no responsibility or accountability for Licensee's use of OpenStreetMap or any other third-party service referenced in this Section.

2.2. Licensee Report Requirements.

2.2.1. Licensee Reports (a) may contain or display a copy of the underlying raw counts contained in the Strava Data used to generate such Licensee Report for the sole purpose of validating the Strava Data and analyses based upon such Strava Data; (b) may be generated in combination with third-party data lawfully and independently sourced by Licensee, but provided that such combination shall not be a comparison or benchmarking of the Strava Data with such third-party data except for the sole purpose of validating all of the data relied on in the Licensee Report in accordance with standard research practices, and that such combination shall not directly or indirectly identify any identifiable natural person(s); (c) may only be provided to and used by the permitted Licensee; and (d) MUST INCLUDE, IN EACH COPY OF THE LICENSEE REPORT, THE FOLLOWING ATTRIBUTION: "This report includes aggregated and de-identified data from Strava Metro." The attribution requirement in clause (d) applies to every published or externally shared copy of every Licensee Report, in every format.

2.2.2. THIRTY (30) DAYS PRIOR to any publication of a Licensee Report outside of Licensee's organization, Licensee shall submit for Strava's review and approval a copy of the Licensee Report. If, in Strava's sole discretion, the Licensee Report or portion thereof damages Strava's reputation, brand, or goodwill, or otherwise breaches any of Licensee's obligations, including but not limited to, Licensee's obligations herein, Licensee shall revise the Licensee Report according to Strava's request prior to publication. If Strava does not respond to Licensee in such time frame, Licensee shall be permitted to publish such Licensee Report; provided, however, that Strava reserves the right to request revisions and/or corrections at any time, and Licensee shall comply with such request within five (5) business days. In addition to the foregoing, Strava shall have the right to request review of any Licensee Reports at any time to ensure compliance with these Metro Terms and Licensee shall provide such Licensee Report to Strava within five (5) business days of such request.

2.2.3. NO SHARING OF STRAVA DATA. Licensee may be permitted to publicly share screenshots of the Strava Metro Service dashboard and maps, subject to the restrictions below, but shall not publicly distribute any Strava Data downloaded from the Strava Metro Service, including the underlying raw counts in the Strava Data, except as permitted in Licensee Reports in accordance with these Metro Terms. Screenshots may be shared for the limited purpose of supporting active transportation and Tourism Use Cases only, such as grant applications, initiatives for community bike lanes, or destination-management planning. Notwithstanding this, Strava reserves the right to request immediate revision or removal of any public announcement, articles, or other online posts such as social media or blog posts, containing such screenshots for any reason, including due to any false, misleading, or disparaging remarks made in connection with or about the Strava Data, the Strava Metro Service, or Strava. If Licensee does not comply, Strava may in its sole discretion immediately revoke Licensee's and its Authorized Users’ access to the Strava Metro Service.

2.2.4. Subject to compliance with the foregoing, Licensee and Authorized User may reproduce, publicly display, and distribute the Licensee Reports solely in connection with the relevant Project Type. Neither Licensee nor Authorized User shall have the right to access, use, reproduce, disclose, publicly display or perform, commercially exploit, reverse engineer, prepare derivative works of, distribute, or sublicense the Strava Data other than for the Project Type defined by Licensee and as approved by Strava, the express purposes permitted in these Metro Terms, or as incorporated into a Licensee Report.

2.3. Other Use Restrictions. Licensee shall not remove, alter, obscure, or modify any copyright or other proprietary rights or confidentiality notices contained in, provided, or affixed by Strava to the Strava Data, Strava's Confidential Information, or Strava Metro Service. Licensee shall neither use nor access, nor permit any third party, including any Authorized User or Consultant, to use or access the Strava Metro Service or any Strava Data to: (i) send viruses, malware, or other deleterious programs that threaten the security or integrity of Strava Metro Service or the systems used to provide the same; (ii) send or store spam or otherwise duplicative or unsolicited messages in violation of applicable laws, infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; (iii) knowingly interfere with or disrupt the integrity or performance of Strava Metro Service or the data contained therein; (iv) attempt to gain unauthorized access to Strava Metro Service or Strava Data or Strava's related systems or networks used to provide Strava Metro Service or the Strava Data; (v) endeavor to directly or indirectly identify a Strava member or subscriber and/or any other identifiable natural person(s); (vi) copy, modify, translate, decompile, disassemble, reverse engineer the Strava Data or Strava Metro Service, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public technology, data, and information; or (vii) use the Strava Data or Strava Metro Service for competitive analysis, analyses about Strava's business, or to build competitive products; or (viii) use, ingest, or otherwise incorporate the Strava Data (in whole or in part, and whether or not further transformed) to train, fine-tune, evaluate, benchmark, or validate any machine-learning model, artificial-intelligence system, or foundation model, or to develop, improve, or offer any derivative dataset or generative output based on the Strava Data. Nothing in these Metro Terms grants Licensee any right to use the Strava Data for machine-learning or AI purposes, and any such use is expressly prohibited absent a separate written agreement signed by an authorized officer of Strava. Strava may suspend or terminate Licensee's or an Authorized User's access to Strava Metro Service or Strava Data immediately if Strava in its reasonable opinion concludes that Licensee or Authorized Users have materially breached any of the restrictions in (i) through (viii) and that such breach may cause imminent and material harm, liability, or damages to Strava, Licensee, or third parties. Strava may, but is not obligated to, provide written notice of the suspension and may attempt to limit any suspension to the affected functionality, users, or time necessary to resolve the issue. Strava may restore access to Strava Metro Service and the Strava Data if it determines that the issue giving rise to the suspension was unintentional and has been resolved.

2.4. Consulting Firms and Contracted Consultants. Consultants (acting through their personnel, who must submit their own applications to become Authorized Users) may access and use the Strava Metro Service and Strava Data only if all of the following conditions are satisfied: (a) the Consultant is retained under a formal written contract by a Licensee in good standing (not suspended or terminated) within its current License Term (the "Contracting Partner"); (b) the Consultant's access is limited to the same geographic Territory covered by the Contracting Partner's access under these Metro Terms and to the specific Project Type(s) identified in the Consultant's Metro application; (c) the Consultant applies for access under its own organizational email address (shared inboxes and personal email addresses are not accepted); (d) access is granted on a project-by-project basis and does not carry over to any other client, engagement, or Project Type; and (e) access rights granted under one Contracting Partner engagement are non-transferable and may not be repurposed for a different client, Project Type, or Territory. Informal collaborations and volunteer arrangements do not qualify. The Contracting Partner remains responsible for the Consultant's compliance with these Metro Terms as an Authorized User of the Contracting Partner.

2.5. Academic Program. Access to the Strava Metro Service under the Academic Program is granted only to qualifying academic researchers affiliated with an accredited institution of higher education, and only for non-commercial academic research consistent with the Project Type described in the researcher's application. Academic Program access is subject to (a) all obligations set forth in these Metro Terms; (b) any supplemental Academic Program terms Strava may publish on the Strava Metro Service or the Strava Metro website; and (c) Strava's attribution, review, and publication-approval requirements set forth in Section 2.2. Academic Program access may not be used to train, fine-tune, benchmark, or evaluate any machine-learning or AI system, and outputs of academic research may not be transferred to any commercial party without Strava's prior written consent.

2.6. Tourism Use Case. Where the Project Type identified in Licensee's application is a Tourism Use Case, the following additional terms apply: (a) eligible applicants are limited to destination-management organizations, government tourism authorities, nonprofits, and their retained Consultants (subject to Section 2.4); (b) the Strava Metro Service will make available the "Home Base" analytical view and such other views as Strava designates for tourism applications; (c) Strava Data made available for a Tourism Use Case may not be exported in any form (including via the Edge Counts feature) unless and until Strava expressly enables tourism-specific exports; and (d) the Licensee Report requirements in Section 2.2, including the attribution and 30-day review requirements, apply in full to any output derived from a Tourism Use Case.

2.7. External Counter Data.

2.7.1. Definition and Source. Counter Data is contributed to the Strava Metro Service by Licensees and, in the future, may also be sourced from third-party count-data providers under separate arrangements with Strava. Counter Data is distinct from Strava Data and is not derived from Strava member activity.

2.7.2. Permitted and Prohibited Uses. Counter Data may be used within the Strava Metro Service solely in connection with the Licensee's Project Type and subject to the same use restrictions that apply to Strava Data under Section 2.3 (including, without limitation, the prohibitions on identifying individuals, on competitive use, and on machine-learning and AI use). Counter Data may not currently be exported from the Strava Metro Service.

2.7.3. Privacy Boundaries. Counter Data reflects observations at counter locations only; it does not constitute point-of-interest ("POI") data about identifiable individuals and shall not be used, alone or in combination with other data, to identify any natural person.

2.7.4. Contributor Obligations. A Licensee that contributes Counter Data to the Strava Metro Service represents and warrants that (i) it has all rights necessary to contribute the Counter Data and to grant Strava the rights described in these Metro Terms; (ii) the Counter Data contains no personal data or other information that could reasonably be used to identify a natural person; and (iii) the collection, contribution, and use of the Counter Data complies with all applicable laws, regulations, and third-party terms. Licensee grants Strava a non-exclusive, worldwide, royalty-free license to host, display, process, and make available any of its contributed Counter Data within the Strava Metro Service for the purposes described in these Metro Terms.

2.8. Machine Learning and Artificial Intelligence. For the avoidance of doubt, and without limiting Section 2.3, no right is granted under these Metro Terms to use, ingest, or otherwise incorporate any Strava Data or Counter Data–including derivatives, aggregates, embeddings, or other transformations thereof–to train, fine-tune, evaluate, benchmark, or validate any machine-learning model, artificial-intelligence system, or foundation model, or to generate any derivative dataset or generative output. Any such use requires a separate written agreement signed by an authorized officer of Strava.

3. Support

Strava may in its sole discretion provide basic assistance related to the Strava Metro Service.

4. Proprietary Rights

All right, title and interest in and to the Strava Data, Strava Metro Service, Strava's name and/or logo used in required attributions on the Licensee Reports, and any other Confidential Information disclosed by Strava, in any medium, is exclusively owned by Strava and its licensors. Licensee does not acquire any proprietary or ownership interest in the Strava Data, Strava Metro Service, or any other Confidential Information disclosed by Strava, including any intellectual property rights relating thereto. Except for the limited use rights provided in these Metro Terms, no license or right is granted by either party to the other by implication, estoppel, or otherwise, to any proprietary information of a party, or under any patent, copyright, trademark, or trade secret of a party. Counter Data contributed to the Strava Metro Service remains owned by the contributing party, subject to the license granted to Strava under Section 2.7.4.

5. Fees

Strava provides the Strava Metro Service to Licensees on a no-cost basis, but reserves the right to charge fees at any time in its sole discretion. In such an event, Strava will provide adequate notice to the Licensee.

6. Term and Termination

6.1. These Metro Terms are effective beginning the date the Licensee, Authorized User, or Consultant applies to access the Strava Metro Service, and continue for the License Term, unless either modified or terminated as permitted herein. Strava may terminate these Metro Terms immediately upon giving written notice of termination to Licensee or an Authorized User if Licensee or any of its Authorized Users or Consultants commits a material breach of these Metro Terms, including but not limited to a breach of Sections 2 "Licensed Rights," and 11.2 "Publicity." Licensee may terminate these Metro Terms at any time by deleting Licensee's account and ceasing access to and use of the Strava Metro Service and the Strava Data. These Metro Terms shall terminate automatically upon expiration of the License Term. Additionally, Licensee and Authorized Users understand Metro is a free service that Strava may, without prior notice, immediately suspend or terminate a Licensee’s or an Authorized User’s account and/or access to the Strava Metro Service at any time. Further, Licensee and Authorized Users agree that all suspensions or terminations for cause or otherwise shall be made in Strava's sole discretion and that Strava shall not be liable to Licensee, any Authorized User, or any third party for any suspension or termination of Licensee’s or an Authorized User’s account or access to the Strava Metro Service.

6.2. Upon expiration or termination of these Metro Terms (a) Licensee's rights outlined in Section 2.1.2 shall terminate in their entirety and Strava shall promptly disable further login access, (b) Licensee shall promptly erase or destroy all copies of the Strava Data in its possession or control, provided that copies in Licensee's back-up systems that cannot be erased or destroyed shall remain subject to the confidentiality and other restrictions on use set forth herein, and (c) the Receiving Party shall promptly cease all use of the Disclosing Party's Confidential Information, shall either return or permanently destroy the same, and certify such return or destruction in writing at the Disclosing Party's request. Subject to the terms of (b) and (c) above, Licensee may continue to display any Strava Data which is displayed on or contained in Licensee Reports prepared prior to the effective date of termination on a royalty-free, perpetual, and irrevocable basis, subject to such Licensee’s continued compliance with the attribution, use limitations, and other obligations contained in these Metro Terms.

6.3. Strava reserves the right to cease access should an actual or suspected data breach occur on the part of the Licensee or its Authorized Users. A notice will be given to the Licensee stating what occurred or what was thought to occur to constitute a breach. Should there be a plausible remedy for the breach, access may be restored at Strava's sole discretion. Strava will notify the Licensee as to whether access is restored or not.

6.4. Upon termination or expiration, Licensee may notify Strava of its intent to renew. If Licensee does not renew, Strava maintains the right to contact Authorized Users to provide renewal options. If Licensee does not wish to receive any communications after the termination or expiration of these Metro Terms, Licensee will notify Strava of its request to opt-out of such notifications.

7. Confidentiality

The Receiving Party agrees not to disclose any Confidential Information to any third party (other than its agents, representatives, contractors, or providers who are subject to legal or professional obligations of confidentiality consistent with these Metro Terms) or use such Confidential Information for any purpose other than is necessary to perform its obligations or exercise its rights under these Metro Terms. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent required by applicable law or court order, provided that the Receiving Party provides the Disclosing Party with prior notice of such compelled disclosure (if allowable by law) and provides reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party seeks to contest or limit the scope of the disclosure. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was lawfully known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to Licensee; or (c) is lawfully received by Licensee from a third party without breach of any obligation owed to Strava. For purposes of these Metro Terms, Authorized Users and Consultants are agents of the relevant Licensee and will be considered a Receiving Party on behalf of such Licensee, but will not be considered a Disclosing Party.

8. Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE METRO TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRAVA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE STRAVA METRO SERVICE, STRAVA DATA, COUNTER DATA, OR THE LICENSEE REPORTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, PERFORMANCE, AND CURRENTNESS. LICENSEE ACKNOWLEDGES AND AGREES THAT THE STRAVA DATA, COUNTER DATA, AND STRAVA METRO SERVICE ARE PROVIDED SOLELY AND EXCLUSIVELY "AS IS." STRAVA DOES NOT WARRANT THAT THE STRAVA DATA OR COUNTER DATA AND THE STRAVA METRO SERVICE, OR ACCESS THERETO WILL BE ERROR FREE, UNINTERRUPTED OR THAT EITHER WILL MEET LICENSEE'S NEEDS OR REQUIREMENTS.

9. Limitation of Liability and Limitation on Claims

9.1. STRAVA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, PRIVACY LAW, OTHER LEGAL THEORY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE STRAVA DATA OR COUNTER DATA AND STRAVA METRO SERVICE, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SAME, ANY INTERRUPTION, INACCURACY OR LOSS OF DATA, ERROR OR OMISSION, OR ANY LOST PROFITS, EVEN IF STRAVA IS ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.2. IN NO EVENT WILL STRAVA BE LIABLE TO ANY LICENSEE FOR ANY CLAIMS FOR DAMAGES RELATING IN ANY WAY TO LICENSEE'S OR AUTHORIZED USER'S USE OF THE STRAVA METRO SERVICE, THE STRAVA DATA AND/OR THE COUNTER DATA, INABILITY OR FAILURE TO ACCESS THE STRAVA METRO SERVICE, THE STRAVA DATA AND/OR THE COUNTER DATA, CREATE OR GENERATE ANY LICENSEE REPORTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY LICENSEE OR ANY THIRD PARTY OR AUTHORIZED USER IN RELIANCE UPON ANY PORTION OF THE STRAVA DATA, THE COUNTER DATA, OR THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING OF SUCH DATA. LICENSEE'S EXCLUSIVE REMEDY AND STRAVA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS FOR DAMAGES UNDER OR RELATING TO THESE METRO TERMS WILL BE LIMITED TO $100.

9.3. Indemnification

9.3.1. Licensee Indemnification. To the extent permitted by applicable law, Licensee agrees to indemnify, defend, and hold harmless Strava, its affiliates, and their officers, directors, employees, agents, and licensors from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) Licensee’s, its Authorized Users’, or its Consultants’ use of the Strava Metro Service, Strava Data, Counter Data, or Strava’s name, logos, trademarks, trade names, or other intellectual property, other than as expressly permitted by these Metro Terms; (b) Licensee’s, its Authorized Users’, or its Consultants’ breach or alleged breach of any of the terms, conditions, and representations under these Metro Terms; (c) any Licensee Report or Licensee’s business or operations; or (d) the gross negligence or willful misconduct of Licensee, its Authorized Users, or its Consultants. Licensee will control the defense and settlement of any claim subject to indemnification by Licensee hereunder, provided that Strava may at any time elect to take over control of the defense and settlement of any claim. Licensee may not settle or compromise any such claim without Strava’s prior written consent.

10. Audit; Failure to Comply

Strava may review and audit Licensee's compliance with the requirements hereof at Strava's expense (provided that such audits are conducted during normal business hours and do not unreasonably interfere with Licensee's day-to-day operations) and Licensee, as applicable, will provide reasonable access and information as required to conduct any such audit and confirm such compliance. Without limiting any other rights and remedies of Strava, Strava may immediately suspend or terminate, without advance notice, Licensee's and its Authorized Users’ access to Confidential Information, Strava Data, or the Strava Metro Service if Licensee or any of its Authorized Users fails to comply with any of the obligations or requirements under these Metro Terms or if Licensee or any of its Authorized Users has violated any applicable laws and regulations or the privacy or other rights of Strava's users or others.

11. General Provisions

11.1. Notices. Any notices to you in connection with these Metro Terms may be delivered via email at the email address provided to Strava by you. Any notices to Strava shall be in writing, sent to the address set forth above. Notices will be deemed validly given (a) upon delivery, if personally delivered with service fees prepaid, (b) upon being sent, if sent via email, with confirmation of transmission, (c) upon delivery, if delivered, with fees prepaid, by reputable overnight courier that provides proof of delivery, or (d) three business days following deposit in the United States mail, first class, postage prepaid, certified or registered, and return receipt requested.

11.2. Publicity. Notwithstanding anything contained herein, but subject to the requirements and permissions of Section 2.2, neither party shall (i) engage in any activity, marketing, or other communication that identifies the other party, or (ii) otherwise use the other party's or its affiliates' names, logos, trademarks, trade names, or other intellectual property without the other party's prior written consent in each instance. Upon expiration or termination of these Metro Terms, each party shall cease any and all references or use of the intellectual property belonging to the other party, unless otherwise mutually agreed upon in writing.

11.3. Assignment. You may not assign these Metro Terms, or any rights under these Metro Terms (whether expressly, by implication or by operation of law), or delegate your performance under these Metro Terms, without Strava's prior written consent. Any purported transfer, assignment, or delegation without consent will be null and void and of no force or effect. Subject to the foregoing, these Metro Terms will bind and inure to the benefit of the successors and permitted assigns of the parties.

11.4. Force Majeure. Strava shall not be liable for any failure to perform due to events or circumstances not within its reasonable control, including, but not limited to, acts of God, acts of government, flood, fire, earthquakes, tsunami, civil unrest, computer or malicious attacks through the internet.

11.5. Third-Party Beneficiaries. Nothing herein is intended to or shall be construed to confer upon or give any person or entity (including Authorized Users), other than Strava and Licensee, and their respective successors and permitted assigns, any rights or remedies under or by reason of these Metro Terms.

11.6. Entire Agreement and Severability. These Metro Terms set forth the entire understanding of the parties (together with any supplemental Metro Policy or Academic Program terms Strava may publish and reference in these Metro Terms) and supersedes all prior agreements and understandings, oral or written, between the parties relating to the subject matter hereof. If any provision of these Metro Terms is determined to be invalid, unlawful, void, or unenforceable to any extent, such provision or any portion thereof will be interpreted to best reflect the parties' intent, and the remainder of these Metro Terms will continue to be valid and enforceable to the fullest extent permitted by law.

11.7. Waiver. No failure or delay by Strava to exercise any power, right, privilege, or remedy under these Metro Terms will operate as a waiver thereof. No single or partial exercise of any such power, right, privilege or remedy will preclude any other or further exercise thereof.

11.8. Modification of these Metro Terms. Certain provisions of these Metro Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Strava Metro Service or Strava's website, including any Metro Policy or Academic Program terms published from time to time. Strava reserves the right to update these Metro Terms at any time and shall notify Licensee of any material changes. By continuing to access or use the Strava Metro Service after Strava has provided Licensee with notice of a modification, Licensee is agreeing to be bound by the modified Metro Terms. Any other terms or conditions provided by Licensee shall not be binding against Strava, and except as provided for in this Section 11.8, these Metro Terms may not be amended, modified, altered, or supplemented by any Licensee except by means of a written instrument executed on behalf of both parties.

11.9. Interpretation. Each party acknowledges that it has had the opportunity to review these Metro Terms with legal counsel of its choice, and there will be no presumption that any ambiguities will be construed or interpreted against the drafter.

11.10. Survival. The provisions of Sections 4 (Proprietary Rights), 5 (Fees), 7 (Confidentiality), 8 (Warranty Disclaimer), 9 (Limitation of Liability and Limitation on Claims), 11 (General Provisions), and 12 (Dispute Resolution) will survive any termination or expiration of these Metro Terms.

12. Dispute Resolution

12.1. Users in the EU. If you are based in the European Economic Area, the remainder of this Section 12 does not apply to you. Instead, for Licensees or Authorized Users based in the European Economic Area, these Metro Terms are governed by and must be interpreted in accordance with Irish law, and the Irish courts will have exclusive jurisdiction to hear any disputes arising out of or relating to these Metro Terms. In addition, the local laws in your EU Member State may allow you to take legal action against Strava in your Member State and to invoke certain local laws against Strava.

12.2. Arbitration. Before any party may begin a lawsuit or arbitration, the parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations.

Except for disputes relating to Strava's intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), claims in small claims court as provided in Section 12.4, any action by Strava seeking injunctive relief pursuant to Section 12.8, or if you opt out of this agreement to arbitrate (collectively, the "Excluded Disputes"), all claims arising out of or relating to these Metro Terms will be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. 

The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to these Metro Terms, other than the Excluded Disputes and the enforcement of the procedures governing Related Cases below, including, but not limited to, any claim that all or any part of these Metro Terms is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Metro Terms. 

The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

To the extent a claim is between Strava and an individual Authorized User and the filing fee for the arbitration exceeds the cost of filing a lawsuit, Strava will pay the additional cost. 

You and Strava expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Licensee’s or Authorized User’s account if Strava is a party to the proceeding.

If your arbitration demand involves claims similar to those made by 15 or more other Licensees, Authorized Users, or any combination of the two, and if you and those other Licensees and/or Authorized Users are represented by the same lawyers, or by lawyers who are coordinating with each other, you agree that these claims will be considered “Related Cases.” Related Cases may only be filed in batches of up to 20 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch of bellwether cases, each side may select up to 5 of these Related Cases to be filed and resolved in individual arbitrations; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 20 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 5 of the Related Cases to be resolved in individual arbitrations. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph. If this provision is found unenforceable, the procedure will be governed by the JAMS Mass Arbitration Procedures and Guidelines.

This Dispute Resolution provision will be governed by the Federal Arbitration Act. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

12.3. Class Action Waiver. The parties agree that any arbitration will be conducted in their individual capacities only, and not as a class action or other representative action. 

If any court or arbitrator determines that the class-action waiver set out in this Section 12.3 is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set out above in Section 12.2 will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.

12.4. Exception—Small Claims Court. Despite the parties' agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within that court's jurisdiction.

12.5. Time Limitation on Claims. Except to the extent prohibited by applicable law, you agree that any claim you may have arising out of or related to your relationship with Strava, the Strava Metro Service, or these Metro Terms must be filed within one (1) year after such claim arose; otherwise, your claim will be permanently barred.

12.6. Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration and Class-Action Waiver provisions set out in these Metro Terms by sending written notice of your decision to opt out to the following address: Strava, Inc., Attn: Legal Department (Opt-out), 181 Fremont Street, Floor 27, San Francisco, CA 94105, USA. The notice must be sent within thirty (30) days of applying for access to the Strava Metro Service, or, with respect to any modified Metro Terms, within thirty (30) days of becoming bound to such modified Metro Terms in accordance with Section 11.8; otherwise, you will be bound to arbitrate disputes in accordance with these Metro Terms. If you opt out of the arbitration provisions, Strava will also not be bound by them. 

12.7. Choice of Law and Forum. Any action or legal proceedings arising out of or related to these Metro Terms, the Strava Metro Service, or your relationship with Strava will be governed by and must be interpreted in accordance with the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to Section 12 entitled “Dispute Resolution,” the parties irrevocably consent to bring any action to enforce these Metro Terms in the federal or state courts embracing San Francisco, California and consent to the exclusive jurisdiction of the federal or state courts embracing San Francisco, California. If any party brings any suit or action against another for relief, declaratory or otherwise, arising out of these Metro Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. 

12.8. Remedies. The parties acknowledge and agree that for any breach by you of these Metro Terms, there may be no adequate remedy at law and that such breach could cause irreparable harm to Strava; therefore, Strava will have the right, in addition to any other remedies available, to seek immediate injunctive relief in court.