GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Welcome to Motobit. Motobit and it's owner motobit GmbH (therefore defined as "Motobit" or "we" or "us" or "ours") offer motorcycle-related, app-based tracking services (Android) for non-commercial use. The majority of these services are based on anonymized user data that is recorded while driving. With the services provided, Motobit has made it its goal to provide the user with detailed information about their own driving behavior in order to enable them to move more confidently and safely on the road.

In order to be able to use all functions of the app, the user (therefore defined as “user”) must first complete the registration process when the app is started for the first time and agree to the general terms and conditions (GTC). Motobit respects the right to privacy and shares the user's concern about the security of data transmitted to Motobit through the services provided. It is therefore recommended to read the following statement carefully in order to understand the guidelines that Motobit has laid down to protect the information. These conditions form a fully binding agreement between Motobit, the owner of all rights to and for the service, and the user.

Further information about Motobit and motobit GmbH can be found in the imprint at https://www.getmotobit.com/imprint/.

A) Scope

1.) With the registration, the user expressly accepts the terms and conditions and any agreement contained therein and further confirms with the registration that they have read and understood them. The term “user” is to be understood as gender-neutral and includes all persons who use the services provided by motobit GmbH within this GTC.

2.) The use of all services and the functions of the mobile app is not possible without consent to the terms and conditions, whereby deviating conditions by the user are not recognized by motobit GmbH.

3.) Changes to the terms and conditions are possible at any time. These can be viewed under the link https://www.getmotobit.com/terms-of-use/ and at the time of the registration process in the app.

B) Limitation

1.) The application may only be used by natural persons with a valid driver's license. A valid ownership is confirmed by the user during registration of the services.

C) Scope of the services

1.) The functions offered as part of the application include the provision of road and landscape maps (hereinafter referred to as “maps”) and for the creation and display of recorded tours (hereinafter referred to as “tours”) with the route information contained therein. This route information recorded by the user contains different information regarding the route profile, length of the tour with corresponding graphical evaluations and is continuously supplemented by Motobit in the course of further development of the app. For more information on the conditions, please refer to the section further development.

2.) Motobit is allowed to change the application and its functions during further development, without this being a defect, provided that this is reasonable for the user and does not endanger the achievement of the contractual purpose.

3.) As of these General Terms and Conditions, the application includes freely accessible functions.

D) User behaviour

1.) Each user may personally create a single user profile during registration. There is no legal claim derived from this registration process to use the functions and content. For this reason, Motobit reserves the right, in compliance with the legal requirements for equal treatment of users, to refuse an application for registration by notifying the user without reason. Consequently, the sharing of a single user account among several natural persons automatically leads to an exclusion from the services.

2.) By successfully completing the registration process, the user submits an offer to conclude the contract for the use of the functions that require registration, which Motobit accepts by activating the user.

3.) If the registration process is not completed, Motobit is entitled to completely and irrevocably delete the incompletely registered user profile including all information previously provided by the user.

4.) In the course of registration, the user informs Motobit of a valid email address, which is made available to Motobit to contact user. The user ensures that the email address is up-to-date and protects the access data communicated to him from the application against unauthorized access by third parties.

5.) The user is aware that the operation of a suitable device while driving is legally prohibited, consequently Motobit does not assume any costs that property damage or punitive mandates can entail on the part of the executive.

6.) The user refrains from making a profit from the services offered by Motobit by selling the database originating from the user. Likewise, no unauthorized duplication of the application (.apk and suchlike) and the services contained therein by the user may occur without Motobit's permission.

7.) Motobit has no influence on the accuracy of the data entered by the user, nor on whether it corresponds to his actual identity.

E) Further development

1.) Further development of the application is a continuous process and an integral part of the range of services offered by Motobit that includes the adaptation to technical and legal progress, taking into account the user requirements for the use of the application.

2.) Motobit reserves the right to change and expand the app and its functions as part of further development, without this being a defect, provided that this is reasonable for the user.

3.) Changes with only an insignificant influence on previous functions do not represent changes in performance in this sense. This applies in particular to changes to the user interface.

4.) Motobit points out that a permanent availability of all functions is not guaranteed, whereby restrictions may only be made if this is reasonable for the user.

F) Availability

1.) The user acknowledges that Motobit cannot technically guarantee the uninterrupted availability of its own website, the app provided by Motobit and the applications of third parties and that the user has no claim against Motobit to provide permanent availability. In particular, maintenance, security or capacity issues as well as events that are not within the sphere of control of Motobit (such as failures of telecommunication systems, etc.) can lead to brief interruptions or to temporary unavailability of the services.

G) Contents and obligations

1.) Motobit reserves the right not to publish content within the limits permitted by law and taking into account the reasonableness for the user, in particular data protection and personal rights of the user, or to block or delete the content , if there are concrete, objective indications that the content violates legal requirements, official prohibitions, third party rights or good morals. However, Motobit is not obliged to check the content in advance.

2.) If a user is advised of this or otherwise becomes aware that the generated user content violates applicable laws, he must remove this content immediately.

H) Scope of the use

1.) Motobit points out that the users may only use the application for the contractual purposes.

2.) In addition, users are not entitled to rent, lend, lease, license, sell, modify in any technical form whatsoever in full or in a part, without the express written consent of Motobit to make it accessible to third parties. The above prohibitions are subject to mandatory legal requirements. It is not allowed to share the application with several people, e.g. by exchanging or otherwise distributing the access data among users. (Account sharing, see user behavior) which also applies if the application is used by people at different times. In the case of sufficient knowledge of multiple use of the application by the user, Motobit reserves the right to block the user account. However, the user is granted the right to object to this blocking.

3.) Users may only use the application via the input masks and interfaces provided by Motobit. Actions that are suitable to impair the functionality of the application, software and infrastructure (e.g. scripts, bots, etc.) are prohibited. In particular it is forbidden by the user to willingly cause an excessive system load which is above the regular use intensity and frequency that can be expected with normal use of the application.

I) Exemption

1.) The users release Motobit from all claims that third parties assert against Motobit due to a violation of their rights.

2.) In this respect, the user must also bear the costs of legal defense, including legal and court costs, at the statutory rate. The users are not exempted if they are not responsible for the violation.

J) Rights of use

1.) The users allow Motobit to use their content free of charge since this is necessary for the contractual provision of the contractual services of Motobit and is useful for further development. This permission includes in particular the right to reproduce the contents of the users and make them publicly available, to save them on the servers of Motobit and to create server backups.

2.) The above usage authorization is free of charge, unlimited in time and place and extends to all currently known types of use and includes, as far as technically applicable, the reproduction, distribution, digitization, exhibition, demonstration, broadcast, public access, public reproduction through image, sound, data carriers and storage in databases as well as analog and digital use.

3.) Motobit may commission third parties who exercise rights of use within the legally permissible framework.

4.) The content of the users may be edited or modified while respecting personal rights.

5.) Motobit also exercises the rights of use only in compliance with the contractual and legal confidentiality and data protection requirements as well as the right to object.

6.) The users also grant Motobit the non-exclusive right, unlimited in terms of time and place, to the data they generate, such as reproduce, distribute, publish, otherwise process the user location and movement data on routes as well as information on locations in anonymous form even after termination by the user or to provide them to third parties free of charge or with costs.

K) Liability

1.) The user is aware that driving on a public or private road section depends primarily on his personal driving skills, the means of transport used, prevailing external and internal influences (weather, traffic conditions, physical and mental condition) and bears the sole responsibility for himself and all undertaken actions. Accordingly, the user has sufficient physical and mental performance to use the road with a vehicle.

2.) The user guarantees that the protective equipment carried is suitable for its intended use and that the prevailing weather conditions allow a participation in road traffic, taking into account the special dangers for motorcyclists, endangering life, limb and health. In addition, the user has to ensure that the legally applicable traffic laws are followed at any given time.

3.) Motobit assumes no responsibility and liability that the recording of sensor data by the end device used by the user may require any accessories such as specific mounting devices on the respective vehicle, whereby the user must observe the technical information and manufacturer's specifications as well as legal requirements during usage. In addition, Motobit also assumes no liability for any costs that may arise for data usage and roaming charges by the user.

Motobit respects the privacy of users while using the software and the services offered. Motobit assumes no liability for any data loss that may occur and is limited to the necessary recovery processes for internal backup copies.

The current data protection directive is an integral part of these conditions and can be accessed at https://www.getmotobit.com/privacy-policy/. This privacy policy is updated regularly.

L) Abuse

1.) If it turns out that a user should violate legal regulations, third party rights, good customs and/or the terms and conditions, Motobit reserves the right to sanction them with appropriate means and to exclude them from all services. Such means range from a warning and deletion of content to a temporary or permanent blocking and/or termination of the user.

M) Termination

1.) The registered user is entitled at any time to terminate the contract concluded with Motobit for the use of the applications.

2.) Motobit is entitled to terminate the user contract concluded within a notice period of 2 weeks. This does not affect Motobit's right to terminate the usage contract concluded with the concerned user with immediate effect if there is a relevant reason (see ABUSE). There is a valid reason for the extraordinary termination on the part of Motobit, for example, if Motobit has become aware that the user has behaved improperly or is behaving illegally when using the app or if he registers with several user profiles.

3.) The termination by the user must be at least in written form. Deleting the application from the user's device does not constitute a notice of termination.

4.) Upon termination, all personal content of the users will be deleted. The user has the right to request the deletion of the remaining personal data.

N) Changes

1.) Motobit reserves the right to change the terms and conditions at any time with future effect unless this is not reasonable for the user. The reasons for amending these terms and conditions are:

a) if the change in the event of a new legal situation serves to bring the General Terms and Conditions into compliance with the applicable law;

b) if a change serves to comply with compulsory judicial or official decisions;

c) if completely new services on the part of Motobit or derived from them as well as technical or organizational processes require an adjustment;

d) if the change is for the benefit of the user.

2.) If such a case occurs, Motobit will send the changed terms and conditions to the users at the email address stored with Motobit at least 2 weeks before it comes into force or will inform them of this via a dialog within the application.

3.) If a user does not contradict the new terms and conditions within a period of 2 weeks after receipt of the email or dialog within the application, the changed terms and conditions are deemed to have been accepted by him. Motobit will use the change notification to inform the user of the consequences of a failure to object.

4.) If the user objects to the validity of the new terms and conditions within the deadline, Motobit is free to terminate the contractual relationship with the user with one week's notice.

5.) The users can also agree to the changed terms and conditions by expressly giving their consent.

O) Final provision

1.) The contractual relationship with Motobit and its owner motobit GmbH is not transferable to other persons or companies.

2.) The place of jurisdiction is Graz if the user has no general place of jurisdiction. Motobit reserves the right to choose another permissible place of jurisdiction.

3.) The contract languages are German and English.

4.) Note to the platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. Motobit is not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.

Date of release: October 2020