LAST UPDATED: 06.12.2023 

A.    LEGAL NOTICES FOR THE USE OF DIGITAL PROPERTIES

These LEGAL NOTICES govern your use all digital properties of the CFMOTO Motorcycles Distribution GmbH including but not limited to one of our websites or apps (“Digital Properties”). To the extent applicable, the further Terms pursuant to Section B. – H. apply additionally.

1.     INTELLECTUAL PROPERTY

All visible and non-visible components of the Digital Properties, especially software, videos, animations, images, text, sound and graphics (collectively “Content”), as well as their arrangement, are protected under the provisions of intellectual property law, in particular by copyright. No usage rights in and to the Content are granted to you, unless expressly provided otherwise herein. All rights are reserved.

The Content is not permitted to be published, used, changed, duplicated, handed out, disseminated and/or made available to third parties for commercial purposes. Content may also contain content which is subject to the intellectual property rights of third parties. All trademarks in the Content are, unless otherwise expressly specified, protected by trademark, which particularly applies to CFMOTO Motorcycles Distribution GmbH’s labels, emblems, company logos or nameplates. 

2.     LIABILITY

Even though the Digital Properties are created with utmost care, it cannot be guaranteed that the Content and information contained therein is correct and complete.

3.     VEHICLES AND OTHER PRODUCTS

Vehicles and other products illustrated on the Digital Properties may vary in selected details from the production models and some illustrations feature optional equipment available at additional cost. All information concerning the scope of supply, appearance, services, dimensions and weights is non-binding and specified with the provison that errors, for instance in printing, setting and/or typing, may occur; such information is subject to change without notice. Please note that model specifications may vary from country to country. In the case of coated surfaces, there may be color differences due to the usual process fluctuations. The consumption values stated refer to the roadworthy series condition of the vehicles at the time of factory delivery.

Manufacturer Suggested Retail Price (MSRP) does not include Pre-delivery Inspection (PDI), titles, licensing, insurance, registration fees, destination charges, environmental charges, added accessories and installation thereof, and dealer added options or any additional dealer charges. A “Dealer” is an authorized Dealer for CFMOTO/ZEEHO, as applicable (= depending on the brand of your motorcycle).

4.     LINKS TO THIRD-PARTY SITES AND CONTENT

The Digital Properties may include access or links to websites, apps, services and content owned or operated by third parties (“Third-Party Content”). Such Third-Party Content may have separate terms and conditions that are binding on you in case of their use.

The CFMOTO Motorcycles Distribution GmbH has no control over any Third-Party Content and assumes no responsibility and expressly disclaims liability for services provided or material created or published on Third-Party Content. A link to a Third-Party Content does not imply that the CFMOTO Motorcycles Distribution GmbH endorses the site, or the products or services referenced in the Third Party Content. If you click on a link and you are directed to another website, you do so at your own risk.

5.      “CFMOTO” BRAND

To the extent the term “CFMOTO” is used in the Digital Properties, this stands for CFMOTO Motorcycles Distribution GmbH, which, as the owner of the CFMOTO brand, manufactures and/or distributes motorcycles and motorcycle accessories under this brand.

B.    Registration of an Account

You need to register a personal user account (the “Account”) with CFMOTO Motorcycles Distribution GmbH, Stallhofnerstraße 3, 5230 Mattighofen, Austria for using the web-application CFMOTO Ride App as well as specific other Digital Properties which provide additional services, tools and features (such a specific website and/or app including any additional services, tools and features, each a “Service”, collectively “Services”). The respective Service is provided by the entity of the CFMOTO Motorcycles Distribution GmbH that is indicated when signing up for the Service (respectively the “Provider”).

An Account is not available for children under the age of 16. If you are below legal age, you must obtain the consent of your legal guardian(s).

Provider may offer a social login (the “Social Login”) which offers you the possibility, after the registration on one of the participating Social Login platforms (e.g. Facebook), to register the Account using single access data (i.e. without going through a separate registration and log-in process every time). After successfully registering for the Social Log In you can log into the Service with your Social Login platform access data. The respective participating Social Login platforms have their own user terms and conditions that will be made available on the respective Social Login platform and apply independently.

You agree to provide truthful and complete information when you register for the Account and to keep that information updated (you can change your profile data; the e-mail address you used for registration cannot be changed). You must take due care to protect your username and password against misuse by others and promptly notify Provider about any misuse.

If your habitual residence is in Austria or in a state not being a member of the European Union, the terms relating to the registration and use of Your Account shall be governed by the laws of Austria, without giving effect to conflict of laws provisions, or the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. If your habitual residence is in a member state of the European Union, Austrian law applies provided this stipulation is not in conflict with mandatory rules of the state in which your habitual residence is situated; such rules shall remain unaffected.

C.    GENERAL TERMS OF USE FOR SERVICES

These general terms of use (“General Terms of Use”) govern your use of the respective Service. The Service may or may not be subject to a charge.

These General Terms of Use constitute a binding agreement between you and the respective Provider which operates the respective Service.

1.     CONTRACTUAL RELATIONSHIPS

For users in Austria and Germany: If you purchase a Service in a payable version, the contract for the purchase is entered into with Apple / Google or other available app store operators (if any). During the ordering process, you agreed to Apple’s / Google’s resp. to other app stores’ terms and conditions. Irrespective thereof, these General Terms of Use constitute a binding agreement between you and the Provider.

For users in USA and Australia: If you purchase a Service in a payable version, the contracts for the purchase and the General Terms of Use are both entered into with the Provider. Apple / Google act only as agent regarding the provision of this payable Service. These General Terms of Use shall enter into force upon your acceptance by using the Service and shall remain in force until terminated by you or by us in accordance with the General Terms of Use.

For users in all other countries: If you purchase a Service in a payable version, the contract is entered into with the entity that is indicated in the Apple / Google terms or other app store terms (if any). Irrespective thereof, these General Terms of Use constitute a binding agreement between you and the Provider.

For all users: the contract for the provision of any free version of a Service is always entered into with the Provider and not with Apple / Google.

2.     CFMOTO VEHICLES

If you are an owner of a CFMOTO vehicle (“CFMOTO Vehicle”), in case of any onward transfer of title of a CFMOTO Vehicle to a third party or in case of making the respective CFMOTO Vehicle available to a third party, you are obligated to inform such third party about any processing of personal data through CFMOTO Motorcycles Distribution GmbH, relating to the respective CFMOTO Vehicle. In case of any permanent onward transfer to a third party, you are obligated to deregister your CFMOTO Vehicle with CFMOTO Motorcycles Distribution GmbH.

Furthermore, CFMOTO Motorcycles Distribution GmbH requires the data related to your CFMOTO Vehicle in order to provide general services to your benefit (e.g. maintenance, software/firmware updates, recalls, product and service improvements).

3.     FOR US USERS:

By continuing using the services, you acknowledge that (i) you have read and agree to these general terms of use on behalf of yourself and any other operators of your motorcycle; (ii) you are at least sixteen (16) years of age (or the applicable age of majority in your jurisdiction); (iii) you are competent to enter into binding agreements; (iv) you are not hindered from using the services under applicable law; and (v) you agree to use the services in accordance with the terms and conditions set out herein.

4.     FOR US USERS AND AUSTRALIAN USERS:

There are additional clauses applicable to users from Australia and the United States of America at the end of these general terms of use.

5.     BASIC FUNCTIONALITIES OF THE SERVICES AND ADDITIONAL FEATURES, SEPARATE EVENT TERMS

Provider may offer additional software, content or services (“Features”) that may or may not be subject to a charge. There are additional terms of use for each Feature (“Feature Terms of Use”, see below) which additionally constitute a binding agreement between you and the respective Provider. In the event of a conflict between these General Terms of Use and any Feature Terms of Use, the terms of the respective Feature Terms of Use shall prevail.

The General Terms of Use together with the Feature Terms of Use, constitute the entire agreement (the “Service Terms”) between you and Provider regarding the Service and its Features.

Please see the Provider’s Privacy Policy for further detail how we process your personal and non-personal data.

Please note that there might be further age limits for Features (see respective Feature Terms of Use).

Apps, such as CFMOTO Ride App (each an “App”) may be used on Android and iOS devices and is available for download in both the Apple App Store and the Google Play Store.

With regard to events (each an “Event”) bookable on a specific Service, separate Event terms (the “Event Terms”, see below) apply with the legal entity that is indicated in these Event Terms acting as your contractual partner regarding your participation in the Event. For the avoidance of doubt, the Service Terms of the Provider remain unaffected.

6.     ORDERING PAYABLE FEATURES AND PAYMENT TERMS FOR APP FEATURES

Every payable App Feature is at least available via the Apple App Store and Google Play Store. The costs for the Feature, subscription terms, subscription period, trial offers and payment methods are agreed upon directly in the Apple App Store / Google Play Store or other app stores, as applicable. Please refer to the terms set out in the Apple App Store/ Google Play Store, as applicable.

7.     TERMINATION OF SERVICES AND/OR FEATURES

The contract for the use of any free Services and free version of Features continues for an indefinite period of time, unless terminated by Provider or by you as set out below.

If you have purchased a payable subscription respectively paid for a Service or Feature, the subscription terms and termination terms were agreed upon separately during the ordering process in the Apple App Store or Google Play Store, as applicable.

You can terminate the contract for the use of the Services and/or the Features at any time by deleting your Account. You can also terminate the contract for the use of the Services and/or the Features (except for the subscription terms) via e-mail at any time, using the contact details provided in the Services and/or the Features.

If you want to use the Service but do not want to use a Feature anymore, you can stop using the Feature at any time, but it will still be available once you have activated it.

If you delete the Account and therefore terminate the contract for the use of the Services or if the Account is deleted because of your termination of the contract for the use of the Services via e-mail or regular mail, you may be required to terminate payable Features separately. For termination of payable Services or Features please also refer to the terms from your Order in the Apple App Store / Google Play Store (or other applicable app store).

Provider may terminate the contract for free Services and/or any free Feature with two weeks’ notice. Notice of termination for a one-time-payment version of a Service or Feature may be given for the first time at the end of the third month from activation of such Feature. Such termination by Provider does not affect your Account and you will still be able to sign in to every web-application where your Account can be used for signing in, unless these contracts are terminated, too.

For termination by Provider or you: As long as there is still an active Feature (e.g. due to notice periods of payable Features), the Services will be accessible as usual, until the effective date of termination of the respective Feature.

After the effective date of termination of all Features, you will no longer have access to any Features. This includes any data, content or information that you upload or insert into the Services and/or Features (“Material”) you submitted to the Services and the respective Features.

8.     INTELLECTUAL PROPERTY AND LICENSE

The Services, including any and all visible and non-visible components of the Services, especially videos, animations, images, texts, sound, and graphics, as well as their arrangement, are protected under the provisions of intellectual property law, in particular by copyright and trade secret. Provider reserves and shall retain ownership of any and all rights in and to the Services and any trademarks, logos, copyrights, patents, and other intellectual property rights used in connection with the Services and Features, unless otherwise explicitly set forth in these General Terms of Use. All trademarks in the Services are, unless otherwise expressly specified, protected by trademark, which particularly applies to Provider’s labels, emblems, company logos or nameplates. Nothing in these General Terms of Use shall be construed as a transfer or grant of any intellectual property rights (i) in and to the Services or (ii) otherwise held or controlled by us, our affiliates or third parties engaged by us, except in respect of the limited right to use such intellectual property rights as explicitly set out herein.

Provider grants you a royalty-free, non-exclusive, non-transferable, non-sublicensable right and license to install, access and use the Services and related software and content on your computer and/or mobile device, solely for your own personal, non-commercial purposes during the term of the contract for the Services and strictly in accordance with the Service Terms. All other rights are expressly reserved by Provider.

You may not copy, modify or reverse engineer any part of the Services (including its software), except to make backup or volatile copies as far as necessary for the use of the Services.

If you submit Material to the Services, Provider does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Provider. Provider is only transmitting the Material and is not responsible for editorial control over it. You are solely responsible for all Material posted by you.

You are solely responsible for taking backup copies of the Material you store in the Services and any Feature. Provider has no obligation to return Material to you after the effective date of termination of the contract for any Service or Feature.

9.      USING THE SERVICES AND ANY FEATURE

The following rules of conduct apply to the use of any Service and Feature:

You agree to:

·         Comply with the Service Terms and good manners;

·         Not use any Service or Feature in any unlawful manner or in a way that conflicts with applicable laws or regulations (including but not limited to laws on intellectual property and traffic regulations); for any unlawful or criminal purpose; in any manner inconsistent with the Service Terms; or in any manner that creates damage or inconvenience to any third party;

·         Not copy, reproduce, republish, reuse, upload, post, transmit, or distribute any content presented in or provided by any Service or Feature (including source code, software, or software related to any Feature);

·         Rent, lease, sub-license, loan, distribute or sell/re-sell or exploit any Service or Feature (including source code, software, or software related to the Feature);

·         Use any Service or Feature only for your personal, non-commercial purposes;

·         Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing or libellous Material or Material that infringes the intellectual property of any third party;

·         inform Provider immediately after becoming aware of any unauthorised use of any Service or Feature or unauthorised use or misuse of our intellectual property or intellectual property rights;

·         Obtain any consents, permission or licenses that may be legally required for you to submit any Material;

·         Respect the privacy of others;

·         Not distribute or post spam, chain letters, pyramid schemes, viruses;

·         Not use any Service or Feature in a way that could damage, disable, overburden, impair or compromise any Service or Feature, Provider’s systems or security, interfere with other users of any Service or Feature, or restrict or inhibit any other users from using any Service or Feature (including by hacking or defacing any Service or Feature);

·         Not use any other technologies or initiate other activities on purpose that may harm any Service or Feature, or the interest or property of any Service or Feature users;

·         Not use any automated systems or means to access, acquire, copy or monitor any part of any Service or Feature, except the means provided by Provider and Apple/Google;

·         Not remove, circumvent, reverse engineer, decrypt, or otherwise alter, change, duplicate (except necessary backup copies for yourself), hand out, disseminate, decompile, extract, disassemble, reduce or attempt to reduce any Service or Feature to its source code;

·         Not attempt to circumvent digital rights management or copy protection features associated with any Service or Feature or any other technologies used to control the access to or use of any Service or Feature;

·         Not give out your password or otherwise allow other people to access any Service or Feature;

·         Be responsible for the consequences related to the Material that you post.

10.  YOUR RESPONSIBILITY / RESTRICTION OF USE

In case of culpable acts of infringement, you agree to defend, indemnify, and hold harmless Provider from and against all third-party claims, damages, expenses, losses, and liabilities resulting from or arising out of

·         your culpable breach of the Service Terms;

·         your infringement or violation of any intellectual property rights, other rights or privacy of a third party; or

·         misuse of any Service or Feature by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

If there is evidence that you have violated the Service Terms, Provider reserves the right to take the following steps, depending on the gravity of the infringement:

·         send you a warning;

·         temporarily suspend your Account;

·         permanently block your Account;

·         restrict your access to certain areas of the Service or the respective Feature in case of breach of Feature Terms of Use; or

·         after sending you a warning first, terminate the Service and Account.

11.  SOCIAL ACTIVITIES AND LOCATION SHARING

You may use the Services to share your location, status, content, Material or personal information or to interact with other users, sites and services. For the use of these functionalities, you agree that according to your instructions Provider may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information.

12.  MODIFICATIONS OF ANY SERVICE OR FEATURE

Provider may modify any Service or Feature under the following conditions:

·         Provider will take into account your interests and inform you about the planned modification in a clear and understandable way;

·         you will have no additional costs, even if the modification causes an upgrade of any Service or Feature; and

·         the amendment is reasonable and necessary due to a valid reason, such as (i) changes in laws that are applicable to any Service or Feature, (ii) problems with the Service’s or a Feature’s security (e.g. security-related issues on codebase), (iii) where a modification is necessary to adapt any Service or Feature to a new technical environment, an increased number of users or (iv) where the modification is necessary for other important operational reasons.

If the planned modification means not just a minor negative impact of your access or use of any Service or Feature, you will be informed on a durable medium and within reasonable time before the modification is made. This information will include characteristics and time of the modification and the possibility of free of charge termination of the contract or the possibility of unchanged continuation. When a modification of any Service or Feature impacts, in more than a minor manner, your access or use of any Service or Feature, you have the right to terminate the contract for any Service or Feature free of charge. You have to exercise this right within 30 days from the modification or, if the information about your right to terminate the contract is delivered after the modification, within 30 days from this information.

The right to terminate the contract for the Service as stated in section “Termination” remains unaffected.

Alternatively, Provider can decide to enable you to maintain access to any Service or Feature at no additional cost, without the modification and in conformity with the contract, in which case you shall not be entitled to terminate the contract.

13.  LIMITATION OF LIABILITY FOR ANY SERVICE OR FEATURE

Provider shall be liable within the scope of the statutory provisions, irrespective of the legal grounds (pre-contractual, contractual, non-contractual), insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by us or one of our legal representatives or vicarious agents.

Furthermore, Provider is liable for the slightly negligent breach of essential obligations. Essential obligations are those whose breach jeopardises the achievement of the purpose of the contract and whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely.

The above limitations of liability do not apply in the event of injury to life, limb or health and contractual guarantees.

Provider is not responsible for accidents that occur during the use of any Service or Feature through no fault of Provider. Each driver must assess for themselves whether the analysis and recommendation of any Service or Feature is compatible with their driving skills and knowledge. Provider is not liable for whatsoever damage that occurs as a result of your own misjudgement or miscalculation concerning the use/interpretation of any Service’s and/or Feature’s analysis and/or recommendation.

14.  CONSUMER ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION

There are the following dispute resolution platforms relevant to Provider:

·         European Commission platform for online dispute resolution (ODR platform) for consumers: http://ec.europa.eu/consumers/odr/

·         Consumer Arbitration Austria: https://www.verbraucherschlichtung.at/verfahren/

·         Internet Ombudsman: https://www.ombudsstelle.at/

Provider is not willing and not legally obliged to participate in a dispute resolution procedure before a consumer arbitration platform.

15.  CHANGES IN THE SERVICE TERMS

Provider can change the Service Terms if the change is reasonable for you after a comprehensive consideration of interests and as far as material provisions are not affected by this. Provider will inform you of the changes of the Service Terms four (4) weeks before the changes shall enter into force. This information will include the notice period of four weeks, the changes and the consequences of not reacting in text form (email) to our notice as described below.

The consequences are: If you do not object to the changes during these four weeks, they will enter into force at the end of the fourth week. If you object the changes in text form (email), this means of the contract for the use of the Service and any Feature activated or purchased by you will be terminated by the end of the fourth week. You therefore will not be able to access or use any Service or Feature or Material submitted to any Service or Feature after the fourth week. Any payment obligations resulting from a minimum duration of a payable Feature or a subscription to a payable Feature remain unaffected.

16.  VALIDITY

If a provision of the Service Terms is found to be invalid or unenforceable under applicable law, the remaining provisions will not be affected and will continue in full force and effect and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Service Terms. In the event one or more provisions of these Service Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Service Terms or the Service Terms as a whole.

17.  ENTIRE AGREEMENT

The Service Terms constitute the entire agreement between Provider and you regarding the use of the respective Service and any Feature and supersede in their entirety all written or oral agreements between Provider and you with respect to such subject matter.

18.  ASSIGNMENT

Additionally, Provider may assign its rights and obligations under these Service Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.

19.  GOVERNING LAW / JURISDICTION

If your habitual residence is in Austria or in a state not being a member of the European Union, the Service Terms shall be governed by the laws of Austria, without giving effect to conflict of laws provisions, or the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded.

If your habitual residence is in a member state of the European Union, Austrian law applies provided this stipulation is not in conflict with mandatory rules of the state in which your habitual residence is situated. Such rules shall remain unaffected.

20.  ADDITIONAL TERMS FOR APPLE USERS

If you download the Service or install/activate a Feature via the Apple App Store, these “Additional Terms for Apple Users” shall apply and govern your use of the Service and such Feature.

Acknowledgement: You and Provider acknowledge that the Service Terms are concluded between you and Provider only, and not with Apple. Provider, not Apple, is solely responsible for the Service and any Feature and the content thereof. The Service Terms do not provide for usage rules for the Service and any Feature that are in conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms as of the Effective Date (which CFMOTO Motorcycles Distribution GmbH acknowledges and CFMOTO Motorcycles Distribution GmbH had the opportunity to review).

Scope of License: Each license granted to you for the Service and for any Feature is limited to a non-transferable license to use the Service and any Feature on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Service and any Feature may be accessed and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.

Maintenance and Support: Provider is solely responsible for providing any maintenance and support services with respect to the Service and any Feature, as specified in the EULA, or as required under applicable law. You and Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service and any Feature.

Warranty: Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service or any Feature to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service or Feature to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service and any Feature. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Provider’s sole responsibility.

Product Claims: You and Provider acknowledge that Provider, not Apple, is responsible for addressing any claims of you or any third party relating to the Service or any Feature or your possession and/or use of the Service or any Feature, including, but not limited to (i) product liability claims, (ii) any claim that the licensed or custom application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s or any Feature’s use of the HealthKit and HomeKit frameworks.

Intellectual Property Rights: You and Provider acknowledge that, in the event of any third-party claim, the Service or any Feature or your possession and use of the Service or any Feature infringe that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of Agreement: You must comply with applicable third-party terms of the Service Terms when using the Service or any Feature.

Third Party Beneficiary: You and Provider acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Service Terms, and that, upon your acceptance of the Service Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Service Terms against you as a third-party beneficiary thereof.

21.  ADDITIONAL TERMS FOR US USERS

The following terms are applicable for users from the US. In the event of a conflict between the following terms and the Service Terms, the following terms shall prevail.

a) Limitation of Liability

You hereby expressly acknowledge and agree that any service or feature are provided on an “as is” and “where available” basis and without warranties of any kind. Provider hereby disclaims any representations or warranties of any kind, express or implied, including without limitation, warranties of satisfactory quality, accessibility or fitness for a particular purpose, integration and non-infringement of third-party rights. Without limitation to the foregoing, provider provides no warranty or undertaking, and make no representation of any kind that any service or feature will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Provider shall not be held liable if any service or feature should be unavailable, inaccessible, or interrupted, and you will not be entitled to any kind of compensation for any downtime of any service or feature, or any security or integrity violations or breaches that may occur from time to time on any service or feature. 

Each motorcycle operator must assess for themself whether the analysis and recommendation of the feature is compatible with his/her driving skills and knowledge. Provider accepts no liability whatsoever for damage that occurs as a result of your own misjudgement or miscalculation concerning the use or interpretation of the service’s or a feature’s analysis and/or recommendation.

You expressly understand and agree that your use of any service or feature is at your sole risk, and provider’s willingness to make the service and any feature available under the terms herein is expressly contingent on the limitations and disclaimers contained herein. To the extent not prohibited by law, in no event shall provider be liable for any direct, indirect, consequential, punitive, special or incidental damages (including without limitation, damages for loss of data, personal injury, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use, any service or feature, or out of or in connection with these general terms of use. In addition to the terms set forth herein, in no event shall provider be liable for any errors, inaccuracies, omissions or other defects on any service or feature. The foregoing limitations shall apply to the fullest extent permitted by servicelicable law and shall apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or provider was advised of the possibility of such damages.

b) Your responsibility / Restriction of use

If you use any Service or Feature in a way that violates the Service Terms, to the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Provider (as well as Provider's employees, officers, directors, and agents) from and against any claims, damages, expenses, losses and liabilities resulting from or arising out of your breach of the Service Terms.

In case of culpable acts of infringement, to the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Provider (as well as Provider's employees, officers, directors, and agents) from and against all claims, damages, expenses, losses, and liabilities resulting from or arising out of

·         your breach of the Service Terms;

·         your infringement or violation of any intellectual property rights, other rights or privacy of a third party; or

·         misuse of any Service or Feature by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

If there is evidence that you have violated the Service Terms, Provider reserves the right to take the steps outlined in these Service Terms depending on the gravity of the infringement.

c) Reporting Claims of Copyright Infringement

Provider takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from any Service or Feature infringe your copyright, you may request removal of those materials by submitting written notification (the “DMCA Notice”). The DMCA Notice must include substantially the following:

a)    Your physical or electronic signature.

b)    Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service/Feature, a representative list of such works.

c)     Identification of the material you believe to be infringing in a sufficiently precise manner to allow Provider to locate that material.

d)    Adequate information by which Provider can contact you (including your name, postal address, telephone number, and, if available, email address).

e)    A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

f)      A statement that the information in the written notice is accurate.

g)    A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Provider´s designated copyright agent to receive DMCA Notices is:

RASI

Registered Agent Solutions, Inc. A Lexitas Company

1100 H Street NW Suite 840

Washington, DC 20005

Phone:              888-705-7274

Email:               corporateteam2@rasi.com

If you fail to comply with all of the requirements of Section 512 (c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorney´s fees) under Section 512(f) of the DMCA.

d) User data

You acknowledge that in order for you to be able to fully use any Service or Feature, Provider may need to use automatic means to collect information about your mobile device and about your use of the Service, and you may be required to provide certain information about yourself as a condition of downloading, installing, or using the Service and certain Features, including your motorcycle’s VIN (collectively, “User Data”). Provider may also transfer the User Data you have made available to Provider to third parties to fulfill the purposes described in this section. Provider acts in accordance with all applicable data protection regulations and will do its best to keep safe any information you have provided.

All User Data Provider collects through or in connection with any Service or Feature is subject to the Privacy Policy, to the extent it includes personal data or personal information. By downloading, installing, using, and providing User Data through any Service or Feature, you consent to all actions taken by Provider with respect to your information in compliance with the Privacy Policy, including the use of User Data, in whole or in part, for the Purposes (as defined below).

Provider does not claim any right of ownership in any User Data, and nothing in these General Terms of Use restrict any rights that you may have to use such User Data. However, by downloading, installing or using the Service, or otherwise providing or making User Data available to Provider through the Service, you hereby grant Provider a non-exclusive, transferable, perpetual, sub-licensable, worldwide, royalty-free license to use, copy, modify, and distribute such User Data for the purposes defined by Provider from time to time, including for (i) the purposes of operating and providing any Service or Feature and/or any services via any Service or Feature, (ii) Provider’s business development purposes, (iii) statistical purposes, and (iv) compliance with law, court order, or similar process (the “Purposes”).

e) California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of any Service or Feature receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

f) U.S. Government End Users

If any Service or Feature is being acquired by or on behalf of the United States Government or any other entity seeking or applying rights similar to those customarily claimed by the United States Government, the Service/Feature is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with these Service Terms, and each copy of the Service/Feature delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use", and be treated in accordance with such Notice:

NOTICE OF USE

CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: Provider (as indicated in the respective Service)

CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: Provider’s address (as indicated in the respective Service)

Any Service or Feature is a commercial item as defined in FAR 2.101 and is subject to the terms set forth in the Service Terms. If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify the Provider prior to seeking additional or alternative rights in any Service or Feature.

22.  ADDITIONAL TERMS FOR AUSTRALIAN USERS

The following terms are applicable for users from Australia. In the event of a conflict between the following terms and the Service Terms, the following terms shall prevail.

Limitation of liability for the Service and any Feature

Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with Provider is to uninstall the Service. In no event will Provider, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any indirect, special, incidental, punitive, exemplary, or consequential loss or damages, or any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Service, devices, third-party applications, or third-party application content. 

Provider is not responsible for accidents that occur during the use of the Service through no fault of Provider. Each driver must assess for themselves whether the analysis and recommendation of any Service or Feature is compatible with their driving skills and knowledge. Provider is not liable for whatsoever damage that occurs as a result of your own misjudgement or miscalculation concerning the use/interpretation of any Service’s or Feature’s analysis and/or recommendation.

D.    FEATURE TERMS OF USE: RIDER FEATURE

These additional terms govern your use of the Rider Feature (“Rider Terms of Use”). Regarding the Rider Feature, these Rider Feature Terms of Use supplement and apply in addition to the General Terms of Use. In the event of a conflict, the Rider Feature Terms shall prevail.

1.     CONTRACTUAL RELATIONSHIPS

For users in Austria and Germany: If you purchase the Rider Feature in a payable version, the contract for the purchase of the Rider Feature is entered into with Apple / Google or other available app store operators (if any). During the ordering process, you agreed to Apple’s / Google’s resp. to other app stores’ terms and conditions. Irrespective thereof, these Rider Terms of Use constitute a binding agreement between you and the Provider of the Rider Feature.

For users in USA and Australia: If you purchase the Rider Feature in a payable version, the contracts for the purchase of the Rider Feature and the Rider Feature Terms of Use are both entered into with the Provider of the Rider Feature. Apple / Google act only as agent regarding the provision of this payable Rider Feature. Please see: “Ordering payable features and payment terms for Features” in the General Terms of Use. These Rider Terms of Use shall enter into force upon your acceptance by using the Rider Feature and shall remain in force until terminated by you or by us in accordance with the Service Terms.

For users in all other countries: If you purchase the Rider Feature in a payable version, the contract is entered into with the entity that is indicated in the Apple / Google terms or other app store terms (if any). Irrespective thereof, these Rider Terms of Use constitute a binding agreement between you and the Provider of the Rider Feature.

For all users: the contract for the provision of the free version of the Rider Feature is always entered into with Provider of the Rider Feature and not with Apple / Google.

2.     AVAILABILITY OF THE RIDER FEATURE

The Rider Feature is only available for certain motorcycles – you can see the supported motorcycles in your virtual space. After connecting your Connectivity Unit Kit with the App, you can see a button for the Rider Feature under your motorcycle and open the Rider Feature in the App.

E.    FEATURE TERMS OF USE: NAVIGATION FEATURE

These additional terms govern your use of the Navigation Feature (“Navigation Feature Terms of Use”). Regarding the Navigation Feature, these Navigation Feature Terms of Use supplement and apply in addition to the General Terms of Use. In the event of a conflict, the Navigation Feature Terms shall prevail.

1.     CONTRACTUAL RELATIONSHIPS

For users in Austria and Germany: If you purchase the Navigation Feature (Basic one-time-payment or Premium Subscription as described below), the contract for the purchase of the Navigation Feature is entered into with Apple / Google or other available app store operators (if any). During the ordering process, you agreed to Apple’s / Google’s resp. to other app stores’ terms and conditions. Irrespective thereof, these Navigation Feature Terms of Use constitute a binding agreement between you and the Provider of the Navigation Feature.

For users in USA and Australia: If you purchase the Navigation Feature (Basic one-time-payment or Premium Subscription as described below), the contracts for the purchase of the Navigation Feature and the Navigation Feature Terms of Use are both entered into with Provider of the Navigation Feature. Apple / Google act only as agent regarding the provision of this payable Feature. Please see: “Ordering payable features and payment terms for Features” in the General Terms of Use.

For users in all other countries: If you purchase the Rider Feature in a payable version, the contract is entered into with the entity that is indicated in the Apple / Google terms or other app store terms (if any). Irrespective thereof, these Rider Terms of Use constitute a binding agreement between you and the Provider of the Navigation Feature.

For all users: the contract for the provision of the Basic free version is always entered into with Provider of the Navigation Feature and not with Apple/Google.

2.     DESCRIPTION OF THE NAVIGATION FEATURE

The Navigation Feature is a navigation service provided in the App. There are three types of the Navigation Feature (Basic free, Basic for one-time payment, Premium subscription).

To use the Navigation Feature in its Basic free version you need to enter the VIN (vehicle identification number) of a motorcycle. The Basic free version is bound to the VIN. Therefore, you can only use them for one motorcycle.

The Basic one-time-payment and Premium subscription are independent from the VIN but bound to the Account and can be used for several motorcycles. In detail:

·         If you have a supported motorcycles with Model Year 2022 or younger, it comes with one free VIN-bound license of the Basic Navigation Feature for the respective motorcycle (Basic free).

·         If you have a motorcycle before Model Year 2022, you can buy the Navigation Feature in the Basic one-time-payment version for your Account. You can use this version for as many motorcycles as you want.

·         If you have a Premium subscription, you can use the Navigation Feature within your Account for as many motorcycles as you want, independent of their Model Year.

“Model Year” means a version-number for your motorcycle that you can see in the owner’s manual, the service delivery certificate and in the purchase contract for your motorcycle.

Please note: The Navigation Feature may contain inaccurate or incomplete information due to the passage of time, changing circumstances (e.g. new roads/buildings) and sources used, any of which may lead to incorrect results in the Navigation Feature.

3.     LEGAL NOTICE

The speed camera (voice) functionality (“Speed Camera”) may not be allowed in the country you are driving, which can cause the use of the Speed Camera to be illegal and may carry a risk of significant fines and penalties being imposed on you. Please inform yourself about the legal regulations on Speed Cameras for each country where you operate your motorcycle. Deactivate the Navigation Feature in your App if the Speed Camera is not allowed in the country in which you are driving.

The source data for the Speed Camera is provided by a third-party map provider. Because the Speed Camera are heavily reliant on end user input, the quality of the Speed Camera might deteriorate over time as it is anticipated fewer people will use the Speed Camera.

We try to consider the current state of legislation concerning this issue and adapt/deactivate/restrict the Speed Camera for countries where we know that this functionality is forbidden. We cannot guarantee that we are always up to date with adapting/deactivating/restricting the use of the Speed Camera according to the respective national laws.

4.     USING THE NAVIGATION FEATURE

For the use of the Navigation Feature, you agree

• that road signage and other information provided on the road (i.e., lane restrictions, traffic signs, traffic lights, etc.) prevail over any information provided on the Navigation Feature;

• you must follow all applicable traffic laws and drive carefully according to road conditions;

• not to violate any applicable statutory provisions, third-party rights (e.g., copyright, trademark or personal rights);

• that the use of the Navigation Feature to send updates or otherwise interact with the Navigation Feature or to send any Material while operating your motorcycle is strictly forbidden.

The map data for the Navigation Feature is provided by HERE EUROPE B.V. (“HERE”). The use of the Navigation Feature has to be in accordance with the End User License Agreement from HERE, available at: https://legal.here.com/en-gb/terms/here-end-user-terms.

5.     ADDITIONAL TERMS FOR US USERS

These Navigation Terms of Use and the following terms shall enter into force upon your acceptance by using the Navigation Feature and shall remain in force until terminated by you or by us in accordance with the Terms. In the event of a conflict between the following terms and the Navigation Terms of Use, the following terms shall govern.

For the use of the Navigation Feature, you agree that

• road signage and other information provided on the road (i.e., lane restrictions, traffic signs, traffic lights, etc.) prevail over any information provided on the Navigation Feature;

• you must follow all applicable traffic laws and drive carefully according to road conditions;

• the use of the Navigation Feature to send updates or otherwise interact with the Navigation Feature or to send any Material while operating your motorcycle is strictly forbidden.

In addition, you agree that when using the Navigation Feature to share content you will act in a manner consistent with the goals of the Navigation Feature, you will not share content that adversely affects the reputation and image of Provider. In determining whether the reputation or appearance is impaired, your freedom of expression, which is protected by fundamental rights, and your freedom of information shall be considered. By way of example, and not as a limitation, you specifically agree that you will not include in any content associated with the Navigation Feature when making available for viewing on social media or other platforms any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libellous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Provider in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and videos.

We would like to point out that we are not responsible for accidents that occur during the use of the App, including the Navigation Feature, through no fault of our own. Each driver must assess for themselves whether the analysis and recommendation of the Navigation Feature is compatible with their driving skills and knowledge.

We expressly disclaim any liability whatsoever for damage that occurs as a result of your own misjudgement or miscalculation concerning the use/interpretation of the Navigation Feature’s analysis and/or recommendations. Provider also expressly disclaims any warranties relating to the accuracy of the map data or other data included in the Navigation Feature.

YOU ACKNOWEDGE AND AGREE THAT YOU ARE EXCLUSIVELY AND SOLELY RESPONSIBLE FOR THE USE OF THE NAVIGATION FEATURE, AND YOUR USE IS ENTIRELY AT YOUR OWN RISK. YOU ARE EXCLUSIVELY AND SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS (INCLUDING TRAFFIC LAWS) WHILE USING THE NAVIGATION FEATURE.

The map data for the Navigation Feature (the “HERE Data”) is provided by HERE EUROPE B.V. (“HERE”). The use of the Navigation Feature has to be in accordance with, and by using the Navigation Feature, you agree to, the End User License Agreement from HERE, available at: https://legal.here.com/en-gb/terms/here-end-user-terms (the “HERE EULA”).  

Provider expressly disclaims all liability in connection with your use of, and the content of, the HERE Data, and Provider does not endorse or make any representations or warranties regarding the completeness, accuracy, or correctness of the HERE Data. You use the HERE Data at your sole risk.

Provider expressly disclaims all liability in connection with your use of the Speed Camera. You must assess for yourself whether the Speed Camera is allowed in the country where you operate your motorcycle. You must deactivate the Navigation Feature in your App if the Speed Camera is not allowed in that country.

F.    FEATURE TERMS OF USE: MOBILITY SERVICE FEATURE

These additional terms govern your use of the mobility service feature (”Mobility Service Terms of Use”) and constitute a binding agreement between you and the Provider of the mobility service.

The mobility service provides you with free-of-charge help in case of a breakdown, self-inflicted breakdown, vandalism, theft, attempted theft and fire (“Mobility Service”). There is a Europe-wide network of service providers and an emergency call centre (= Assistance Centre; around the clock, 365 days a year). The services are initiated after successful verification of the VIN (vehicle identification number), as the mobility service applies to the motorcycle. Provider collaborates with ARC Europe to provide you with this service.

Regarding the Mobility Service Feature, these Mobility Service Feature Terms of Use supplement and apply in addition to the General Terms of Use. In the event of a conflict, the Mobility Service Feature Terms shall prevail.

1.     BEGINNING AND DURATION OF THE MOBILITY SERVICE

If you purchase a motorcycle that is approved exclusively for public road traffic and comes with a 24-month manufacturer's warranty, the Mobility Service is activated at the time of registration and ends 12 months afterwards.

With every service at a Dealer the Mobility Service is renewed until the next service, maximum for another 12 months. The Mobility Service ends

• for 1-cylinder models: with 60.000 kilometres or when your motorcycle is 8 years old and

• for 2-cylinder models: with 80.000 kilometres or when your motorcycle is 8 years old, depending on which condition occurs first.

The Mobility Service covers the following incidents: breakdowns, self-inflicted breakdowns, vandalism, theft, attempted theft and fire (each a “Covered Incident”). Theft and attempted theft are only a Covered Incident if the incident happens outside your country of residence.

2.     ACTIVATION AND AVAILABILITY

The Mobility Service Feature can be activated after a purchase or service of your motorcycle at a Dealer in one of the following countries:

Austria, Belgium. Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.

The Mobility Service Feature is available for Covered Incidents in one of the following countries:

Albania, Andorra, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark (including the Faroe Islands), Germany, Estonia, Finland, France (European territory plus Réunion), the former Yugoslav Republic of Macedonia (FYROM), Greece, Iceland, Ireland, Italy, Kosovo, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, Norway, Austria, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Northern Cyprus, Southern Cyprus, Czech Republic, Turkey, Hungary, Holy See (Vatican) and United Kingdom (European territories including Gibraltar and Channel Islands).

3.     SERVICE REQUEST

To use the Mobility Service and make a service request, you need to have a phone signal or an active internet connection.

If you want to request a service regarding the Mobility Service, you need to provide the following personal data and information:

• phone number

• mileage

• VIN number or date of delivery of the motorcycle or date of the last service (in case the VIN cannot be found in the VIN Database and the motorcycle is not older than 14 days)

• type and model of the motorcycle

• description of what happened

• your geolocation (if you use the App, it will automatically be inserted in your request form but you can change your location if you want to).

In addition, you can provide the following personal data and information voluntarily, if you want to:

• name/surname

• e-mail address

• plate

• description of the incident

• comment on location.

You can provide this information via the App or also via phone. If the App is inactive or your Account is deleted, you can still use the telephone number to use the Mobility Service and make a service request. For further details regarding the deletion of the Account or the termination of the contract for the App, please refer to the General Terms of Use.

In case of a service request, before taking any action, please call the “Assistance Centre” (a service hotline available 24/7/365 in each country where the Mobility Service can be requested). The respective telephone numbers to reach the Assistance Centre were provided to you by the Dealer where you have purchased your motorcycle or had carried out the service of your motorcycle.

If you use a toll number, there may occur additional costs that may differ from country to country. Not all countries have toll free numbers. In countries where there is a toll-free number for the use of the Mobility Service, you can use it when you are calling from that country, but if you are abroad, you need to use the non-toll-free international number.

4.     SCOPE OF SERVICE

Only those services that are approved by the Assistance Centre will be paid for and therefore are free for you. Entitled to benefits from the Mobility Service are: the owner or driver of the motorcycle and the motorcycle pillion. Hitchhikers are not entitled to benefits from the Mobility Service. Motorcycles for commercial use (e.g., police, driving school, rental motorcycles) benefit from a reduced service package (limited to on-site repair and towing). The Mobility Service includes:

• Repair on Site: If the motorcycle cannot be started or continued and the problem can (reasonably) be solved on site, the Assistance Centre will organise the on-site repair.

• Discontinue / Towing: If the motorcycle cannot be started or continued and the problem cannot (reasonably) be solved on site, the Assistance Centre will organise the towing of the motorcycle to the nearest Dealer (or to the Dealer at the home location if this is less than 50 km away).

• Maintenance / Storage: Storage of the motorcycle will be arranged until further delivery / collection / scrapping, but for a maximum of 2 weeks.

• Spare Parts: In the event of a breakdown abroad, the Assistance Centre will organise the delivery of spare parts to the Dealer, if necessary. Shipping costs included costs for spare parts excluded.

• Scrapping abroad: In the event of vandalism, fire, theft or attempted theft, scrapping will be organised if the motorcycle can be classified as a total loss and at the discretion of the Assistance Centre. Transport to the scrapping location included customs duties and appraisal costs excluded.

• Accommodation: If the motorcycle cannot be repaired on the day it was towed to the Dealer and if the breakdown occurred further than 50 km from the authorised rider's residence, accommodation costs will be covered for a maximum of 2 persons for up to 4 nights in a maximum 3-star hotel including breakfast.

• Key Service: In the event of a lost / stolen / broken key, delivery of a replacement key to the rider (shipping costs included) – if deemed as the most suitable solution by the Assistance Centre – or to a Dealer will be arranged.

• Taxi Transportation Costs: If required, the Assistance Centre will cover the cost of up to EUR 77 per covered incident (VAT included) for transport from the place of the covered incident to for example the Dealer, rental car company, hotel, train station, airport etc.

• Replacement Vehicle: If it is not possible to repair the motorcycle on the day it is towed to the Dealer, the Assistance Centre shall use reasonable efforts to organise a rental car (max. category B "Economy") with free mileage and standard insurance until the repair is completed, but for a maximum of 4 working days.

• Further Travel: If repair of the motorcycle is not possible on the same day of towing to the Dealer, the Assistance Centre will cover the cost of travel (for a maximum of 2 people) from the place of the Breakdown to the next planned destination of your trip (= destination) or to the home of the authorised driver. Recommended means of transport:

o    Taxi, if the destination is less than 50 km away,

o    1st class train, if the destination is between 50 and 1,000 km away,

o    Economy class flight if the destination is more than 1,000 km away.

• Transport of the Repaired Motorcycle: This service is only provided in the following cases:

o    Breakdowns, vandalism, fire (in your country of residence as well as outside your country of residence).

o    Attempted theft (only outside your country of residence)

• Travel Costs for the Repaired Motorcycle: The riders’ travel costs for the collection of the repaired motorcycle from the Dealer will be covered by the Assistance Centre. Starting point for this travel can also be the rider’s home. Only costs for the use the following means of transport for one person are covered:

o    Taxi, if the destination is less than 50 km away,

o    Train (maximum 1st class) if the destination is between 50 and 1,000 km away,

o    Economy class flight if the destination is more than 1,000 km away.

If it is not possible for the rider to collect the motorcycle from the Dealer, a transport or the motorcycle to the home address can be arranged. In this case, however, the Assistance Centre will also only reimburse the costs that would have been incurred if the rider had travelled independently to collect the vehicle at the Dealer. Costs in this case shall not exceed the costs that would have incurred if the rider (only one person) would have used the following means of transport:

o    Taxi, if the destination is less than 50 km away,

o    Train (maximum 1st class) if the destination is between 50 and 1,000 km away,

o    Economy class flight if the destination is more than 1,000 km away.

If the transport costs for the repaired motorcycle exceed the hypothetical costs of the rider’s individual travel to the Dealer (that repaired the motorcycle) as stated above, the exceeding amount must be paid by the rider.

Upon request, the Assistance Centre will organise the transport by a transport company or a professional delivery service, which will be commissioned and paid directly by the rider. As stated above, the costs will be partially reimbursed by the Assistance Centre after the transport.

• Transport of the Unrepaired Motorcycle: If it is not possible to repair the motorcycle within 4 days after towing it to the Dealer, the motorcycle will be transported - at the discretion of the Assistance Centre - to the Dealer at the rider's place of residence (multi-transport). This service will only be provided in the following cases:

o    Breakdown, vandalism, fire (in your country of residence as well as outside your country of residence)

o    Attempted theft (only outside your country of residence)

5.     COMBINATION OF SERVICES

The replacement of a vehicle, accommodation and further travel cannot be claimed together for a single Covered Incident.

6.     INCIDENTS NOT COVERED

Entitlement to the above benefits does not apply to the following cases:

• If, at the time of the incident, the authorised rider did not directly contact the Assistance Centre to organise assistance services.

• If the motorcycle to which the benefit entitlement applies has been driven to a Dealer, i.e., if the vehicle reached the workshop under its own power.

• No reimbursement of services for which no claim has been made.

• If the incident is due to force majeure, threat of war, strikes, seizures, government decisions, official prohibition (by authority), piracy, explosions, nuclear or radioactive effects.

• If the incident occurred during participation in motor sport events or training sessions.

• Breakdowns attributable to trailers or sidecars.

• Damage caused by unusual or extreme use of the vehicle.

• Incidents caused by accidents that occurred before the assistance call.

• Damage caused by a spare part or accessory fitted to the motorcycle and not authorised by the manufacturer of the motorcycle.

• Incidents resulting from use by an unauthorised rider (= rider without consent of the owner of the motorcycle) or a rider who is unlicensed rider.

·         Incidents that occurred on non-public roads (off-road use).

G.    Terms for SWEEPSTAKES, Prize Draws, PROMOTIONS and Competitions

These terms (the “Promotion Terms”) apply to your participation in sweepstakes, prize draws, promotions and/or competitions (the “Promotion”) of the CFMOTO Motorcycles Distribution GmbH. The organizer of the respective Promotion is the entity of the CFMOTO Motorcycles Distribution GmbH that is indicated when signing up for the Promotion (the “Promotion Organizer”).

1.     CONDITIONS OF PARTICIPATION

Any natural person who is at least 18 years old at the time of participation is eligible to participate (the "Promotion Participant(s)"). Excluded from participation are the directors and employees of the CFMOTO Motorcycles Distribution GmbH and related companies and their families. In addition, employees of other companies involved in the Promotion and their relatives are excluded.

In order to participate in the Promotion, Promotion Participant will need to provide a marketing consent during the sign up process for the Promotion.

There is no legal right to participate in this Promotion. Promotion Organizer is not responsible in case a Promotion Participant is unable to participate in the Promotion for any reason.

2.     IMPLEMENTATION AND FURTHER DETAILS OF THE PROMOTION / PRIZES

The Promotion Participant has to follow and comply with all requirements and instructions for participating in the Promotion as set out in detail in the respective Promotion landing page / website (the “Promotion Website”). During the Promotion, the Promotion Organizer may provide further instructions on the participation procedure on the Promotion Website.

Also, all further details of the Promotion, such as timeline/duration of the Promotion, eligibility, winner selection process, etc.

Late, illegible, incomplete, defaced or corrupt entries of the Participant will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.

No purchase or other consideration is necessary to participate in the Promotion, nor will a purchase or other consideration improve chances of winning.

Prizes: The winner of the Promotion will be notified in writing. The prize will only be awarded if the winner accepts the winning notification within three calendar days after the Promotion Organizer has sent the notification. If there is no acceptance of the prize by the winner within this period, a new winner will be selected on the basis of the above-mentioned determining criteria. A cash payment or a prize exchange is not possible. The Promotion Organizer is not responsible for possible national fiscal or other consequences by way of dues in connection with the receipt of the prize. Such dues or taxes concern only the relationship between the winner and his national fiscal- and tax authorities, thus the winner shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable. If the winner incurs any costs or other expenses because of receiving or using the prize, such costs or expenses shall be borne by the winner.

3.     EARLY TERMINATION AND CHANGE OF THE PROMOTION

The Promotion Organizer reserves the right to terminate or modify the Promotion details at any time without notice, if for technical or other reasons a proper performance of the Promotion can’t be guaranteed, or the fairness of the Promotion appears to be impaired. Claims for the Promotion Participants do not arise from this.

4.     PARTICIPANT CONTENT:

If a Promotion requires the submission of pictures, videos, ideas or any other material by the Participant (the “Participant Content”) and/or the Promotion Participant otherwise submissions Participant Content in connection with the Promotion, the Participant shall follow the instructions provided on the Promotion Website for proper submission.

The Promotion Participant must own the copyright and all other applicable rights in the Participant Content. The Participant Content must be the Promotion Participant’s own work and must reflect the theme of the Promotion (if the case may be). The Participant Content must not: (a) be copied; (b) contain third party materials; (c) contain any content the Promotion Participant has no permission to use; (d) be offensive, distasteful, defamatory, dangerous, obscene, inappropriate; indecent, hateful, defamatory, slanderous or libelous (e) violate the rights of any third party, including but not limited to privacy, publicity or intellectual property; (f) contain brand names or trademarks, other than those of Promotion Organizer, for which the Promotion Participant has a limited right to use for the sole purpose of this Promotion; (g) reflect a political statement; (h) contain material that is unlawful, in violation or contrary to the law or regulations in any jurisdiction where the entry is created; and/or (i) infringe the terms of any social media platform provider (such as TikTok, Instagram, Facebook, Twitter/X or Snapchat). The Promotion Participant further warrants, that the Promotion Participant has not used prohibited aids, such as automatic robots, scripts, services or any other manipulation.

The Promotion Participant warrants and represents to have the express consent of any identifiable persons appearing in the Participant Content as to their name, likeness and other personal data being used in the way set out in these Promotion Terms, including Promotion Organizer’s right to use the Participant Content for the purpose set out below. Upon request, the Promotion Participant will obtain written consent of any such persons for Promotion Organizer. If any person appearing in the Participant Content is under the age of majority in the Promotion Participant’s state of residence, the written consent and signature of a parent or legal guardian is required.

The Promotion Participant agrees that the Promotion Organizer (and/or a partner commissioned by the Promotion Organizer) is entitled to publish and use the Participant Content in all media for the purposes of and in connection with the Promotion. Further included is the authorization to use the Participant Content for advertising and other commercial purposes. In particular, this authorization includes the publication on the websites and Instagram profiles of the Promotion Organizer. This consent can be revoked in writing at any time. Such revocation applies to all future publications, but not to previous ones.

Submitted Participant Content will not be returned.

5.     LIABILITY

Insofar as is permitted by law, the Promotion Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the prize winner or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion, as well as taking up the prize. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Promotion Participant’s statutory rights are not affected.

The Promotion Organizer and the CFMOTO Motorcycles Distribution GmbH shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.

The Promotion Organizer is not liable in case a Promotion Participant injures him/herself while performing actions with regard to this Promotion. The Promotion Participant represents that the Participant  does not have any condition and is not affected by any circumstances that would prevent the Participant from safely participating in the Promotion or would pose a present risk to others in your doing so. The Promotion Participant also agrees that the Participant is not otherwise prohibited from participating in the Promotion for any reason.

The Promotion Organizer and the CFMOTO Motorcycles Distribution GmbH hereby exclude all liability for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by the Promotion Participant in connection with the participation in the Promotion unless such loss arises from Promotion Organizer’s or the CFMOTO Motorcycles Distribution GmbH’s failure to respect its contractual and legal obligations, in which case the Promotion Organizer and the CFMOTO Motorcycles Distribution GmbH still limit its liability for the abovementioned situations to the extent allowed by applicable law.

In no event shall the Promotion Organizer and the CFMOTO Motorcycles Distribution GmbH be responsible or liable for any failure or delay in the performance of its obligations under these Promotion Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.

To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion and all prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).

The Promotion Organizer excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a guardian. This solely lies within the responsibility of the Promotion Participant.

6.     EXCLUSION OF WARRANTY

Notwithstanding the foregoing, in case of a gratuitousness of the prize, any warranty claims are excluded.

7.     USE OF THE DATA

The personal information of the Promotion Participants will only be used for the purpose of the Promotion, as described in the Privacy Policy.

8.     EXCLUSION FROM THE PROMOTION / DISQUALIFICATION / FINAL CLAUSES

Promotion Participants whose personal details are not true will be excluded from participation.

The Promotion Organizer reserves the right to exclude Promotion Participants or disqualify them without notice, if they attempt to manipulate the participation process and/or the Promotion and/or otherwise violate these Promotion Terms or good morals and/or otherwise improperly try to win the Promotion. If the conditions for exclusion and/or disqualification without notice are met, prizes may be subsequently disallowed, or prizes already paid out or delivered may be reclaimed.

This Promotion is not sponsored, endorsed or administered in any way by or in association with Instagram or any other online platforms that may be used for the Promotion. The Promotion Participant makes his information available to the organizer and the respective platform assumes no liability for components of the Promotion.

The entire Promotion and these Promotion Terms shall be governed and construed in accordance with the laws of the seat of the respective Promotion Organizer.

Should one of these Promotion Terms be or become wholly or partially invalid, so the validity of the remaining provisions shall remain unaffected thereof.

The right of legal recourse is excluded regarding the drawing of the winners and there is no legal claim to the prize.

H.    EVENT PARTICIPATION TERMS

These event participation terms (“Event Participation Terms”) apply to your participation in paid and free events of the CFMOTO Motorcycles Distribution GmbH (“Event”). Event organizer of the respective Event and your contractual partner for such Event is the entity of the CFMOTO Motorcycles Distribution GmbH that is indicated when signing up for the respective Event (the “Event Organizer”).

In case an Event is not organized by an entity of the CFMOTO Motorcycles Distribution GmbH but by a separate third-party Organizer, these Event Participation Terms do not apply; in this case solely the respective terms of such third party Organizer shall govern your participation in the Event.

You are willing to participate in the Event, which is subject to the Event Participation Terms and to all applicable international, federal, state, provincial, local and regional laws and regulations.

1.            ELIGIBILITY FOR PARTICIPATION

1.1.         In order to participate in the Event, you represent and warrant that you ("Event Participant" or “you”) satisfy the following eligibility criteria and will complete the following steps prior to the Event:

1.2.         In order to qualify and register as Event Participant in the Event you confirm that you are at least 18 years old or not considered a minor under the jurisdiction of your country of residence.

1.3.         Neither Organizer nor the CFMOTO Motorcycles Distribution GmbH are liable in case individual persons are not legally allowed to take part in the Event due to national or local regulations. You represent that you do not have any condition (especially physical or mental condition) that would restrict or prevent you from safely participating regularly in the Event or would pose a present risk to others in your doing so. You also agree that you are not otherwise prohibited from participating in the Event for any reason. It is also recommended that you consult your medical practitioner prior to participation.

1.4.         Taking the interests of the Event Participant into consideration, an infringement against these Event Participation Terms may, in the reasonable discretion of the Event Organizer, lead to disqualification from the Event without any claim to refund whatsoever regarding the Entry Fee and/or other incurred costs.

1.5.         The Event Organizer reserves the right to verify any of the information provided to Event Organizer by Event Participant and, in particular, to require proof of age, identity and/or other provided details at any time at its discretion. Entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Event Participant will be deemed ineligible.

1.6.         The Event Organizer reserves the right to limit the overall number of Event Participants for the Event. If such limit is reached, registration for the Event will be closed and respective information published on the Event website.

1.7.         The Event Organizer also reserves the right to determine a minimum and a maximum number of Event Participants to be announced in due time online on the event website. In case the minimum number of Event Participants is not reached one week prior to the end of the registration period as defined below, the Event Organizer reserves the right to cancel the Event; to publish such cancellation on the Event website and notify registered Event Participants via e-mail. In such cases, refunds will be granted regarding the paid Entry Fees for such cancelled races.

1.8.         The Event will be run at Event Organizer’s discretion. Organizer’s decision in relation to all matters in connection with the Event is final, and no correspondence will be entered into.

2.            REGISTRATION FOR THE EVENT AND PARTICIPATION

2.1.         The registration period for the Event is specified by the respective Event Organizer. Entries received by Organizer outside the registration period will not be considered and will have no entitlement whatsoever pursuant to these Terms.

2.2.         The right to participate in the Event is personal and non-transferable.

2.3.         Please note that if you should decide not to participate in the Event, no refunds will be issued; it is also not possible to transfer the right to participate to the Event to someone else.

3.            ENTRY FEE AND PAYMENT METHODS (PAID EVENTS)

This section 3 shall only apply in case of Events the participation of which requires an admission/participation fee (the “Entry Fee”). In case of an external ticket seller / payment partner separate payment terms may govern the sale and payment of the tickets; in this case, solely such separate ticketing / payment terms apply.

3.1.         Payment is possible by the payment methods available and outlined in the payment terms. Local charges on top of the Entry Fee plus taxes and charges confirmed by the Event Organizer may be applicable (e.g. fees in connection with exchange rates or specific banking fees).

3.2.         By signing up, completing the online registration form by clicking the tab “Register with obligation to pay”, or a similar button, and making the payment, the payment is binding, non-deferrable, non-exchangeable, non-transferable, and non-refundable. Subject to local statutory law, Event Participant does not have a contractual right to rescind from the Event registration. The Entry Fee shall only be refundable if the Event’s cancellation is in the sole responsibility of the Organizer.

3.3.         Once the Participant receives the confirmation e-mail from the Organizer after the payment has successfully been executed, the contractual relationship based on these Terms is directly established between the Participant and the Organizer.

3.4.         The Event Organizer reserves the right to adjust the Entry Fee at its own convenience during the registration period for any reason. Such change, whether an increase in the Entry Fee or a decrease, will not affect Entry Fees that have already been paid.

3.5.         Please note that no travel or other costs will be reimbursed for the participation in the Event.

3.6.         The Event is a recreational activity for which a consumer withdrawal right does not exist.

4.            ORGANIZER´S RIGHT TO CHANGE THE EVENT PARTICIPATION TERMS AND TO DISQUALIFY

4.1.         Subject to applicable law and/or the approval of any applicable regulators, Organizer reserves the right to change these Event Participation Terms from time to time and such changes will be available on the Event website.

4.2.         Taking the interests of the Event Participants into consideration, if the Event is compromised by any event beyond Event Organizer’s control, Event Organizer reserves the right, subject to applicable law and/or the approval of any applicable regulators, to modify, terminate, amend or extend the Event without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).

4.3.         Taking the interests of the Event Participants into consideration, at any time during the Event, Event Organizer reserves the right in its reasonable discretion to disqualify and remove any Event Participant for any failure to observe these Event Participation Terms or where applicable any other kind of illegal or inappropriate behavior, including but not limited to: his/her behavior at the Event or any Event-related activities at any point is disruptive, may or does cause damage to person, property or the reputation of the Event Organizer; providing false information on the entry forms; for unsportsmanlike conduct and for medical or safety reasons.

4.4.         Subject to local statutory law and except in the case of discretionary cancellation of the Event by the Event Organizer, hence in case of any cancellation of the Event for a reason outside the Event Organizer’s sphere of influence, be it force majeure, government orders, or circumstance under which Event Organizer cannot with reasonable means guarantee Event Participants’ safety, no refund whatsoever will be granted after payment of the Entry Fee. An Event may be cancelled or changed for any reason, including, without limitation, severe weather or other factors that threaten the safety of participants. Cancellation or change of the date, nature, or format of an Event may be mandated by governmental officials or otherwise be at the discretion of the Event Organizer. The Event Organizer reserves the right to change the details of the Event in its sole discretion.

5.            GRANT OF RIGHTS

5.1.         The Event Organizer and the CFMOTO Motorcycles Distribution GmbH and/or such third parties as they may authorize from time to time will be entitled to capture and use audio recordings, video recordings and photographs from the Event  taken or made of you by the Event Organizer or its representatives in connection with the participation of you in the Event and to use your name, image, voice, appearance, performance and biographical material for any purpose (be it commercial, for merchandising, promotional, editorial, or otherwise) in all media, forever, subject to limitations pursuant to local statutory law (the “Material”).

5.2.         The Event Organizer and CFMOTO Motorcycles Distribution GmbH will be enabled to use, broadcast, screen, display, reproduce, replicate and/or make available to the public the Material in any and all media, including but not limited to radio, television, cinemas, events, data carriers and the worldwide web without further approval of you. The Event Organizer will – without need of further approval – be entitled to make any alterations, intermissions, cuts or other modifications in and to the Material and to use such altered Material without restrictions. Furthermore, the Event Organizer is allowed to transfer the granted rights to any third party. You understand that you might not be named as a participant in the Event, that you don’t have the right to approve any of the Material and do not expect to gain financially from your appearance in any Event-related Material.

5.3.         The Event Organizer allows the Event Participant to use his or her own camera at the Event in order to record moving images and/or a series of still images/ shoot content (the “Event Participant Content”). The use of such Event Participant Content is limited to private purposes meaning on my own website and my social media channels. The Event Participant understands that the CFMOTO Motorcycles Distribution GmbH holds the intellectual property and media rights in the event and will, upon request, provide the Event Organizer access to the Event Participant Content. Any commercial use either by the Event Participant or third parties is subject to CFMOTO Motorcycles Distribution GmbH´s prior consent.

6.            COLLECTION OF INFORMATION & DATA PROTECTION

Information about how the Event Organizer may collect, process and store the Event Participant´s Personal Data for the Event and otherwise, can be found within our Privacy Policy available here.

7.            LIABILITY AND WARRANTY, LIABILITY RELEASE

7.1.         Use caution and common sense when participating in the event. Respect and ensure the safety of yourself and others. Do not trespass or harm anyone’s property.

7.2.         The Event Organizer undertakes to use reasonable efforts to maintain adequate hardware and software service for the Event website (provided that the Event Organizer is the provider of the Event website) and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; award notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Event, whether the entry is lost, not submitted, wrongly processed or does not win.

7.3.         The Event Organizer also undertakes to ensure transparency with regard to a fair competition and will endeavor to ensure the safety and undisturbed execution of the Event with its service providers.

7.4.         Event Participant must in his/her sole responsibility determine his/her physical fitness with regard to their participation in the Event and the Event Organizer cannot be held liable for any medical condition of the Event Participant.

7.5.         In the course of the registration period, the Event Organizer reserves the right to introduce for the Event new tracks, to make changes to the current tracks and to release new information with regard to the tracks. Any and all information provided by the Event Organizer with regard to the tracks exclusively serves information purposes and has no binding effect on the Event Organizer whatsoever.

7.6.         Neither Event Organizer nor any relating party may be held responsible in case a Event Participant is not physically or mentally able to successfully perform any or all of the described tasks. You agree to abide by any decision of an Event official relative to your ability to safely complete the Event.

7.7.         You grant to the Event medical staff and its designees, if applicable permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of your participation in the Events, including without limitation, arranging transportation to a hospital or other medical facility.

7.8.         Organizational measures are announced to the Event Participants by the Event Organizer before and during the Event. It is imperative to follow the instructions by the Event Organizer and by the appropriately identified Event Organizer’s staff members, if applicable. In case of noncompliance disturbing the proper course of the Event or jeopardizing the security of the Event Participants, the Event Organizer is authorized to ban and/or disqualify the person concerned from the Event at any time. Legally binding assertions against the Event Participants can be made exclusively by the group of persons authorized by the Event Organizer for this purpose. This group of persons also comprises the members of the medical services in charge of the competition who are entitled to prohibit a participant from taking part or continuing participating in the Event in case medical symptoms suggest an impossibility to further participate in the race without endangering the Event Participant’s health.

7.9.         You are in possession of a valid personal liability insurance and personal accident / medical insurance that cover your participation. If you cause damage arising out of, connected with, or as a result of your participation in the Event, you will be fully responsible and you will make sure that the Event Organizer or any of its related companies will not incur any damage in this regard.

7.10.      You agree to comply with the Event Organizer’s rules and instructions for your own good and everybody else’s. Your participation may at any time be refused by the Event Organizer or its staff members if they have reasonable doubt regarding your individual safety in participating in the Event.

7.11.      Event Organizer and any relating party exclude all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by you in connection with your participation in the Event.

7.12.      In no event shall Event Organizer be responsible or liable for any failure or delay in the performance of its obligations under these Event Participation Terms arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.

7.13.      The Event Organizer might provide parking, storage, changing and/or sanitary facilities on the premises of the Event at its sole discretion. However, the use of such facilities is exclusively in the responsibility of the Event Participant and the Event Organizer shall not be liable for any loss or damages arising out of the use of such facilities.

7.14.      The Event Participant agrees to additionally conclude a liability release in connection with the Event Participant’s participation in the Event. The Event Participant acknowledges and agrees that the participation may be denied in case the liability release is not signed or otherwise agreed by the Event Participant.

8.            MISCELLANEOUS

All issues and questions concerning the construction, validity, interpretation and enforceability of these Event Participation Terms or the rights and obligations of Event Participants or Event Organizer in connection with the Event shall be governed and construed in accordance with the laws of the seat of the respective Event Organizer.  All disputes arising out of or in connection with these Event Participation Terms shall be subject to the exclusive jurisdiction of the competent courts for the registered seat of the Event Organizer.