1.1 The contractual partners are motogadget GmbH, Wollenberger Str. 4 i/j, 13053 Berlin ("motogadget") as the provider of the mo.ride service and persons who use the service from motogadget described below ("user").
1.2 The mo.ride service in the form of the mo.ride mobile application ("App") is used for digitally managing the vehicle and shall make it easier to perform analysis and diagnostics on motorcycles in particular while providing additional services relating to riding and maintaining motorcycles. In particular, the mo.ride App’s functions can be used in combination with the electronic control unit fitted on the vehicle ("hardware") to make it easier to maintain the vehicle, e.g. by providing information on replacing and purchasing replacement parts and accessories.
1.3 Use is only permitted for consumers. Consumers are natural persons, who conclude this contract for purposes that cannot be classed as a commercial or independent professional activity.
2.1
Terms of use
Using
the mo.ride App is free of charge.
Pairing
a hardware or using more than one vehicle registering an account registration is required.
Hardware
is not part of this App and must be purchased separately at your own cost.
The App is a service for natural persons over the age of 16. Persons not of fully legal capacity require the consent of their legal representatives. motogadget reserves the right to request proof of consent from legal representatives. There exists no right to registration.
The mo.ride App requires iOS version 15 or Android 12 as a minimum for the mobile operating system. Availability is restricted as per the manufacturer and model end devices.
2.2
Registration process
To
use mo.ride, you must download the App on the provider platform and
install it on your mobile end device. As part of the installation, mo.ride requests to continue by Login to an existing account, registrating a new account or continue without a registration. By continuing in eighter way to use the mo.ride app you confirm that you have read and agree to the terms of use.
If you do not agree to the terms of use, you are not permitted to install the mo.ride App.
Once registered, a personal user account is created. Registration is free of charge. During registration, the user must provide complete and accurate information. Registration is only possible when all of the mandatory fields have been filled in. If there are changes to details, the user must correct the information in their user account immediately. Registering more than once is generally not permitted. The registration cannot be transferred to others.
When creating an account, the user chooses a password. The user is obliged to keep this password secret and not pass it on to third parties.
Alternatively, the user can register using their Facebook account. In this instance, the registration process is completed when you have entered the details from your Facebook account and clicked on the "confirm" field. When registering via Facebook, the respective provisions from Facebook, Inc. also apply.
2.3
Conclusion of contract
The
realisation of the user contract is dependent on the regulations from the
provider platform for mobile Apps (Apple Store, Google Play etc.). The contract
is generally concluded by clicking on the “install” field and, if necessary, by
entering the password. There exists no right to concluding a user contract.
2.4
One-off additional services subject to fees (in-App purchases)
You
can purchase separate additional services by paying a one-off fee. When
purchasing an additional service, the contract is concluded when you click on
the “buy (now)” field or a comparable field as part of an in-App purchase and,
if necessary, enter your password for the App Store.
3.1
Scope of use
The mo.ride App
comprises, among other services, a vehicle management system with personalised
maintenance for the user’s vehicles. The App allows users to create their own
user account with personalised content. By reading data from the hardware,
further functions for maintenance and general vehicle use can be read,
monitored and managed.
a)
Using mo.ride without hardware
After
installing mo.ride the user can setup excatly one vehicle and use all functions.
b)
Using mo.ride with hardware
In order to pair a hardware a account registration must be completed in advance.
3.2
Area of use
The
functions or information in mo.ride are no replacement for
professional and specialist maintenance. The information and functions provided
are solely used for providing the user with general support in vehicle use and
care.
3.3
Software updates
motogadget
can provide free updates for mo.ride on the platform provider
for Apps; these updates may change the App’s scope of functions. The system
requirements and the scope of functions for the updates and the mo.ride App
in their most up-to-date version originate from the product and update
description on the platform provider.
motogadget offer digital content in mo.ride subject to fees as separate additional services. In this instance, the user is informed of any fees before using the respective service.
After the function is set up, you can then purchase additional services by paying a one-off fee or a subscription fee. The payment conditions and prices are specified during the ordering process.
If you buy services subject to fees via in-App purchases, the App Store provider handles the billing. Please check which payment methods are available with the provider.
If you conclude a user contract or a contract for a one-off additional service with motogadget, you have the following cancellation rights.
You
have the right to cancel this contract without providing reasons within
fourteen days.
The
cancellation deadline is fourteen days from the day the contract is concluded.
In order to exercise your right to cancel, you need to provide us (motogadget GmbH, Wollenberger Str. 4 i/j, D-13053 Berlin, phone number: +49 30 69004100, fax: +49 30 27591922, e-mail: app@motogadget.de) with a clear explanation (e.g. a letter sent by post, fax or e-mail) for your decision to cancel this contract. For this, you can use the sample cancellation form attached; however, this is not mandatory.
To comply with the cancellation deadline, it is sufficient that you send us the notification of cancellation before the cancellation deadline.
If you cancel this contract, we have to reimburse you all payments we have received from you, including delivery costs (though excluding additional costs incurred by you having chosen a delivery methods that differs from the most inexpensive standard delivery method offered by us), immediately and within fourteen days at the latest from the day on which the notification of the contract being cancelled is received by us. For the reimbursement, we use the same payment method that you used for the original transaction, unless otherwise expressly agreed; no costs will be incurred on your part due to this reimbursement.
(If you want to cancel the contract, fill in this form and send it back to us.)
To motogadget GmbH, Wollenberger Str. 4 i/j, 13053 Berlin, fax: +49 30 27591922, e-mail: app@motogadget.de:
- I/we (*) hereby cancel the contract I/we (*) have concluded by purchasing the following goods (*)/ rendering the following service (*)
- Ordered on (*)/received on (*) - Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only when notifying on paper)
- Date
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(*) Delete as applicable.
6.1 motogadget grants you the personal, worldwide, free of charge, non-transferable and non-exclusive right to use the software provided by us. You are not permitted to copy, change, distribute, sell or hire out any part of our software. You are also not permitted to reverse engineer the software, attempt to extract the source code from our software, rectify errors or disassemble the software (§ 69d, 69e UrhG). Exceptions only apply if law prescribes these or they have our written consent.
motogadget is grateful for reports on errors and provides support for this purpose (contactable at: app@motogadget.de).
6.2 The user must refrain from all acts that could impair the functionality of mo.ride or that of the App. In particular, the user must ensure that mo.ride or the hardware fitted to the vehicle is not manipulated or modified in any way by the user or a third party.
6.3 The user ensures that the content they have set is legally permitted and free from third-party rights. When using mo.ride, the user must observe the applicable legal requirements and existing contractual agreements. In particular, the user must ensure that any content they have distributed does not infringe on third-party rights (e.g. copyrights, patent and brand rights); the user must also ensure that distributed content is not insulting, racist, grossly indecent, pornographic or sexual, liable to corrupt young people, extremist, glorifying or belittling violence or war, offending common decency, promoting terrorist or extremist political organisations, promoting criminal activity, containing defamatory statements, or unsuitable for minors.
6.4 The user releases motogadget from any potential third-party claims made against motogadget due to the user infringing on their rights. The release also includes the costs of reasonable legal fees for prosecution and defence.
6.5 Our services are available on mobile devices. Do not use the services in any way that distracts you and prevents you from complying with traffic regulations and safety provisions.
7.1 The mo.ride App is legally protected. motogadget or its licensors are the owners of the intellectual property rights for all other proprietary rights for mo.ride.
Sublicensing to third parties is not permitted.
7.2 The user grants motogadget an irrevocable, simple, unrestricted, sub-licensable right to use content set by the user (pictures, documents, notes etc.) to fulfil the contract and process the content while observing the rights to privacy. In particular, this includes feeding, copying, forwarding, saving, reproducing, editing and connecting content with other works (using digital techniques), into and via electronic networks, in data memories and in and by means of digital transfer techniques (e.g. LTE, UMTS, GPRS) for the purpose of time and location-independent mobile and stationary calling up on end devices (e.g. via tablet, smartphone, PC, Internet TV, e-reader) with various operating systems through a restricted or unrestricted circle of persons.
A part of the software used in our service may be subject to an open source license; we provide you with its conditions. The open source license may contain conditions that expressly take precedence over some of the regulations in these user conditions.
9.1 motogadget undertakes to ensure that mo.ride is operated as free from interferences as possible. However, use of mo.ride may be restricted or temporarily interrupted due to maintenance work, development or any other interference.
motogadget is not responsible for downtime in which mo.ride is not available due to technical issues or any other problems that motogadget has no influence of (e.g. network-related downtime, force majeure).
9.2 If the user is provided with content and information in mo.ride free of charge, motogadget assumes no liability as per the legal regulations for gifts.
9.3 motogadget is not responsible for the services offered by third parties which motogadget provides links through mo.ride or offers on its site. motogadget therefore assumes no liability for third-party information on the App being correct, up-to-date, of good quality and complete, and information disclosed by the user. Note that software can never be fully free of errors, which is why the functionality of m.ride and its usability with the user’s own software is not guaranteed.
9.4 motogadget explicit reserves the right to exclude users or hardware from mo.ride services according our sole discretion. In this case we will refund the full price of the purchased hardware and all In-app purchases. We will not compensate costs thereby incurred installing or removing hardware from a vehicle.
We are constantly changing and improving our service. This allows us to add or delete functions and features, suspend the service or end it permanently. If we end the service, we will, as far as is possible, provide you with sufficient information beforehand and allow you to export your data from the service.
Unless otherwise expressly stipulated in the terms of use, motogadget makes no specific assurances relating to the offered service. We make no assurances on content or specific functions for the service or its reliability, availability or suitability for your needs. We provide the service as it is. As far as it is legally permitted, we rule out all guarantees.
To the extent provided by law, motogadget assumes no responsibility for lost profits, lost income, loss of data, financial losses or indirect, special and exemplary damage as well as consequential damage and punitive damage.
As far as it is legally permitted, motogadget’s total liability regarding all claims within the framework of these terms of use, including any implicit warranties, is limited to the fee you paid us to use the service. motogadget is in no way liable for losses or damages that are not typically foreseeable.
Liability is excluded in breaches of duty due to slight negligence, unless it affects damages relating to injury to life, limb or health, other guarantees, or claims under the Product Liability Act.
If a cardinal obligation is breached, i.e. obligations resulting from the nature of the contract and, if breached, endanger the purpose of the contract being attained and damages caused by delays being replaced, liability is limited to damage that is normally foreseeable. If data is lost, liability is limited to the typical recovery costs in cases of regular data backups.
The aforementioned limitation of liability also applies for breaches of duty from motogadget’s vicarious agents and suppliers.
motogadget’s liability is excluded if the mo.ride App or hardware has been manipulated or modified in any way by the user or a third party.
Data from using mo.ride may be sent on to cooperation partners, e.g. vehicle manufacturers, manufacturers and dealers for motorcycle accessories or advertising service providers (anonymised and pseudonymised).
Detailed information on data protection can be found in the separate data protection statement.
13.1
User contract duration
The
user contract between motogadget and the user is concluded for an indefinite period.
13.2.
Duration for in-App purchases
In-App
purchases (one-off additional services) can be offered for a set period of
time. They automatically end when the time expires without requiring a
termination.
13.3
Regular termination
The
parties can terminate the contract at any time without a period of notice or
providing reasons. A short written notification to the following address is
sufficient for termination: motogadget GmbH, Wollenberger Str. 4 i/j, 13053 Berlin or by e-mail to app@motogadget.de.
After termination, it may take up to 90 days for the user account to be fully deactivated and the data to be deleted. Beyond this time period, data is kept if it needs to be used for billing or retained due to legal requirements.
13.4
Termination for just cause
Both
parties can terminate the contract for just cause. In particular, just cause is
the case if the user continues to violate essential elements of these terms of
use despite warning or by using the m.ride service for
purposes that are unlawful or damaging to third parties.
13.5
Blocking accounts
If
there is founded suspicion of a breach of legal requirements, third-party
rights, these terms of use and/or any other misuse of mo.ride, and
with the legitimate interests of the user in consideration, motogadget reserves
the right to block the user in question from accessing their user account after
prior warning, delete their content and, if necessary, notify the authorities.
The account can be blocked temporarily or permanently irrespective of other
legal measures. The user’s content can be fully or partially deleted. Further
use of mo.ride is not permitted when the user account is blocked. A blocked user
is also not permitted to log back into the mo.ride App until
the block is lifted.
motogadget reserves the right to change these terms of use at any time without providing reasons, unless it is not reasonable for the customer. motogadget will inform the customer of changes to the terms of use in good time. If you do not object to the validity of the new terms of use within a time period of 6 weeks or continue to use the mo.ride App, the new terms of use are considered to be accepted. If there is an objection, both parties retain the right to a regular termination. motogadget will inform you separately of your right to object and the legal consequences of your silence or an objection at the beginning of the time period.
15.1
Deviating provisions from the user are not recognised, unless motogadget
expressly agrees to them.
15.2
The laws of the Federal Republic of Germany apply with the exception of
international private law and the UN Sales Convention adopted in German law.
15.3
The place of fulfilment is Berlin.
15.4
The place of jurisdiction for traders as per the Commercial Code (HGB) is Berlin.
15.5
If any provisions in the terms and conditions are or become ineffective, this
shall not affect the validity of the remaining provisions.
15.6
The European Commission provides an online platform for out-of-court dispute
settlement at http://ec.europa.eu/consumers/odr/.