Terms and Conditions (ToC)

1.1

These terms and conditions (AGB) apply to all services of the RideLink System, especially the Portal, the Adapter, and the RideLink App. These AGB apply to users as consumers or as entrepreneurs. Consumers are natural persons who enter into a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership with the legal capacity that acts in the execution of a commercial or self-employed professional activity when concluding a legal transaction. The use of the RideLink System is only permitted for users who are of legal age.

1.2

On the RideLink Portal, free information as well as registration-required access to data in the RideLink App and the Adapter are provided. The use of RideLink is free of charge, but certain RideLink services require the paid purchase of the Adapter and a subscription. The respective description of the RideLink service and the price information contained therein, together with these AGB, constitute the binding content of the contract.

1.2.1

The free RideLink App allows tracking of routes and navigation of routes. The RideLink App requires a registration-required access to the Portal.

1.2.2

The paid Adapter records vehicle data with its own sensors and sends them to the RideLink Portal. A paid subscription is required for recording vehicle data. When purchasing the Adapter, the subscription is included for 12 months. The Adapter must be permanently installed in the motorcycle and connected to the motorcycle's internal 12-volt battery. The use of the Adapter requires a registration-required access to the Portal.

1.2.3

The paid subscription includes an E-Call and a data plan for transferring data from the Adapter to the RideLink Portal for 12 months. The subscription requires a registration-required access to the Portal and automatically renews for another 12 months unless canceled 30 days before expiration.

1.2.4

The RideLink Tracking & Navigation service works with the RideLink App and additionally with the Adapter. This service allows recording routes and navigating routes, and the data is stored in the Portal.

1.2.5

The RideLink Accident Notifier requires a permanently installed Adapter in the motorcycle connected to the 12-volt battery, as well as an active subscription. The Adapter identifies an accident using its own sensors and sends the current location data to an accident notification center. This notification center attempts to reach the user by phone, and at the same time, emergency services are alerted and sent to the last position of the motorcycle.

1.2.6

The RideLink Theft Notifier requires a permanently installed Adapter in the motorcycle connected to the 12-volt battery, as well as an active subscription. The theft notifier must be activated via the RideLink App. In case of unauthorized touching or movement of the motorcycle, a notification with the current position of the Adapter is sent to the user.

1.3

The free RideLink App and free updates can be obtained from the respective app stores provided by the providers. You can check the currently supported operating systems for the RideLink App at https://www.theridelink.de. The RideLink App can be used on compatible smartphones and potentially other devices in the future. RideLink may provide free updates for the RideLink App in the respective mobile app store, which may change the functionality of the RideLink App if necessary. System requirements and the functionality of the updates and the RideLink App in its updated version are provided in the product and update description in the respective mobile app store and are available at https://www.ridelink.com.

1.4

Mit der Bestellung des RideLink Systems erkennt der Nutzer die AGB in der zum Zeitpunkt der Bestellung geltende Fassung an.

1.5

These Terms and Conditions are provided at https://www.ridelink.com. If you have any questions regarding the use of the RideLink System, please contact the following email address: [email protected]

2.1

The presentation of the RideLink System on the RideLink Portal does not constitute a binding offer. All services of RideLink are non-binding and subject to change unless expressly stated otherwise.

2.2

Before using the RideLink System on the portal, the user must register. Registration grants the user access to the free RideLink App for tracking and routing. The user can also order the paid subscription from this profile. During registration, the user provides their email address as a username and a password. The password chosen by the user must be kept confidential and not shared with third parties. The user shall not allow or enable unauthorized or third-party access and shall take the necessary measures to ensure confidentiality. In case of misuse or loss of this information or suspicion thereof, the user shall inform RideLink via email at [email protected]. Any changes to registration data must be promptly communicated.

2.3

As part of the registration on the portal, the user, by clicking the "Sign In" button, makes a binding offer to RideLink to conclude a contract for the use of the RideLink Portal and the opening of a user account (hereinafter "Account"), which is transmitted to RideLink. The user accepts the terms and conditions, advertising consent, and privacy policy. After registration, RideLink sends the user a confirmation of registration by email, along with these terms and conditions. Only after receiving this email is the registration process completed, and a usage contract is concluded. There is no entitlement to conclude a usage contract. The terms and conditions can be viewed on the portal at any time.

2.4

The RideLink App is provided in cooperation with third parties, known as "Application Providers." Application Providers may require the user to agree to their own terms and conditions and privacy policies for the use of RideLink's mobile application. These are not reviewed or approved by RideLink. It should be noted that Application Providers may determine how RideLink's mobile applications use and process the accessed data. The user is requested to refer to the terms and conditions and privacy policies of the respective Application Provider for further details.

2.5

The user can use the RideLink App only after agreeing to these terms and conditions and after concluding a contract with RideLink. By adding the RideLink App, the user agrees to these terms and conditions. The contract is concluded when the user clicks the "Install" button on the product description page and, if necessary, enters their respective password. To use the service, the user must further register through the corresponding function of the RideLink App and create an account on the RideLink portal in accordance with section 2.3. The necessary data must be provided truthfully and promptly updated in case of changes to ensure smooth use.

2.6

The RideLink services are available to the user after registration and/or the purchase of the subscription and adapter, as well as after ordering on the confirmation page, on the portal, and possibly via the RideLink App. If the user is a consumer, they have a right of withdrawal within a 14-day period as per the following withdrawal policy.

2.7

The user assures that they are of legal age and fully legally competent at the time of ordering. If a user uses the RideLink System for a company and creates a profile, they confirm that they are authorized to create the company profile and accept the terms and conditions and privacy policy on behalf of the company. The company has the right to revoke this authorization and nominate another person as a replacement. The authorization of the replacement person is granted by authorization and designation of the respective person by the company to RideLink, and acceptance by RideLink.

3.1

The user can use the RideLink System for both private and business purposes. The user is not allowed to transfer their assigned usage and access rights to third parties unless RideLink has expressly agreed beforehand.

3.2

The user is granted access and simple, non-transferable usage rights to the RideLink services, limited to the purpose of the contract and the duration of the contract. These usage rights are subject to the complete payment of the usage fee. The user may use the RideLink System and/or its content only for their own use and within the legally prescribed framework. No exploitation rights, such as reproduction, distribution, or public accessibility, are granted to the user. In particular, the user is not entitled to transmit RideLink's services to third parties for a fee, unless RideLink has expressly agreed to the transmission beforehand.

3.3

RideLink does not influence or verify the content, accuracy, legality, or completeness of the data transmitted by the user. The user is responsible for the provided content.

3.4

Information regarding the respective system requirements is included in the respective service descriptions.

3.5

RideLink is entitled to block access to and usage of the RideLink System with prior notice in case of suspicion of misuse, unlawful usage, or violation of these terms and conditions, and, if necessary, without prior notice. If a profile is not used for a period of more than six (6) months, RideLink is free to block the account. Other rights remain unaffected.

4.1

The prices for the RideLink System are based on the price information and service descriptions valid at the time of ordering. For RideLink services, the stated prices are total prices, including the statutory value-added tax.

4.2

The user can pay for the ordered RideLink System via PayPal.

4.3

When paying via PayPal, the price is due immediately upon invoicing. The invoice amount is due for payment upon receipt of the invoice by the user, unless otherwise agreed. The provision of access to the paid RideLink services and their use is subject to full payment.

4.4

RideLink is entitled to interrupt the provision of its paid services in the event of the user's payment default until payment has been made. In this case, the user remains obligated to pay the monthly fees.

4.5

Invoices and payment reminders will be transmitted electronically, for example, through the portal or via email.

6.1

The use of the free profile is indefinite and can be terminated at any time with one (1) month's notice.

6.2

The use of the subscription runs for 12 months from the start of the contract and can be terminated with one (1) month's notice before the end of the contract period. Otherwise, the contract will automatically renew for another 12 months.

6.3

The use of the free RideLink App is indefinite and can be terminated at any time by deleting the app.

8.1

Due to technical reasons, 100% availability of the RideLink website is not possible. However, RideLink endeavors to resolve disruptions due to maintenance, security, and capacity reasons as quickly as possible. Should errors or defects in the RideLink System occur within RideLink's sphere of responsibility, necessary corrections will be made at RideLink's own cost within the shortest possible time. RideLink is not responsible for internet/network-related downtime and, in particular, is not responsible for downtime when the RideLink App cannot be accessed via the internet due to technical or other problems beyond RideLink's control (e.g., force majeure, etc.). There will be no reimbursement of fees to the user for service outages due to a disruption outside RideLink's responsibility.

8.2

RideLink is not liable for the existence, suitability, and error-free operation as well as the availability of third-party technical facilities, especially the transmission lines used by the user and the user's own data communication devices, and for the error-free, immediate, and secure transmission of data between users and RideLink over the internet. RideLink points out that confidentiality of data for data transmissions in open networks like the internet cannot be guaranteed according to the current state of technology. Data transmission is at the user's own risk.

8.3

The RideLink System provides an accident notifier and theft notifier, which may fail in individual cases for reasons beyond RideLink's control.

8.3.1

Requirements

The user must install the RideLink adapter correctly in the motorcycle according to the provided installation and operating instructions. The installation and operating instructions are available on the portal and in the app. Furthermore, the above-mentioned services require an active subscription.

Below are possible reasons why one of the services may fail in individual cases:

a) Lack of integrity and vitality of hardware components

The hardware components are designed for the purpose of accident detection, but not every conceivable external force can be considered due to specific design constraints. The hardware components should be installed in a protected location on or in the vehicle. In extreme accident situations, damage to the hardware components can occur, potentially resulting in system malfunctions.

The device's power supply is only ensured through the vehicle's onboard power supply.

b) Lack of typicality of the accident or theft situation

The system's software infers the presence of an accident or theft situation from defined combinations of data provided by the system's sensors. The determination results from a plausibility assessment necessary to avoid false alarms (e.g., due to the motorcycle falling over), but it conflicts with the goal of detecting situations as completely as possible. In the case of atypical situations where the sensor values suggest an event other than an accident or theft, a distress call or theft warning may not be triggered despite the presence of an accident. Such atypical situations can occur, for example, when:

- the motorcycle comes to a near-vertical stop after an accident, such as when it becomes wedged between trees or wedged between other vehicles (this may not be reliably distinguished from an emergency braking event),

- the motorcycle is struck by an opposing vehicle from a standstill (this may not be reliably distinguished from a simple fall of the motorcycle), or

- the motorcycle is being operated in a non-conventional manner.

c) Lack of availability of sufficiently accurate location data

The system generates the location coordinates required for the emergency call from values provided by the GNSS. If, for example, GNSS fails, the GNSS operator changes the accuracy of the location determination to an insufficient level, or a sufficient number of GNSS satellites are not available at the time of the accident (e.g., due to failures or terrain obstruction), the accident location may not be determined, and an emergency call may not be triggered. The letter d) applies accordingly.

d) Lack of network availability

For establishing communication with the emergency call center, the RideLink System uses the public mobile network. If a mobile connection cannot be established, an emergency call cannot be triggered.

8.4

RideLink is liable for damages, regardless of the legal basis, only in cases of intent and gross negligence. In the case of ordinary negligence, RideLink is only liable for damages resulting from the violation of life, body, or health, or for damages resulting from the violation of a material contractual obligation. In this case, liability is limited to the foreseeable, typically occurring damage. Further liability of RideLink is excluded.

8.5

Other claims for damages by the user are excluded.

10.1

German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the consumer's habitual residence.

10.2

RideLink reserves the right to amend these terms and conditions at any time with effect for the future, provided that this is not unreasonable for the user. RideLink will inform the user in a timely manner of changes to the terms and conditions. If the user does not object to the applicability of the new terms and conditions within six (6) weeks after notification, the amended terms and conditions are deemed accepted by the user. In the notification, RideLink will inform the user of their right to object and the significance of the objection period. Furthermore, RideLink reserves the right to terminate the contract if the user objects to the changes in the terms and conditions.

RideLink also reserves the right to change the terms and conditions (i) due to changes in laws or jurisprudence as well as the state of the art, (ii) if the change is advantageous for the user only, or (iii) if RideLink introduces additional services that require a description in the terms and conditions, unless the existing contractual relationship is thereby adversely and/or unreasonably altered. RideLink will inform about such changes to the terms and conditions.

10.3

The place of performance for all services arising from the business relationship with RideLink as well as the place of jurisdiction is the registered office of RideLink, unless the user is not a consumer but a merchant, legal entity under public law, or special public fund. The same applies if the user does not have a general place of jurisdiction in Germany or the European Union, or if the domicile or habitual residence is not known at the time of filing the lawsuit. The right to also call upon the court at another legal place of jurisdiction remains unaffected. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.