PLEASE READ CAREFULLY THIS DOCUMENT PRIOR TO USING OUR SERVICES.
These Conditions of Use ("Conditions") regulate the access or the use by you, an individual from any country in the world, of the apps, websites, content, products and services ("Services") made available by RideSafe Technology SRL, (hereinafter referred to as "RIDE SAFE"). You can find our identification data below: Denomination Registered office Phone no.: E-mail: support@ridesafe.eu The access and the use by you of the Services represent your consent to observe such Conditions, thus creating a contractual relationship between you and RIDE SAFE. If you do not agree with these Conditions, you will not be able to access or to use the Services. At the same time, these Conditions expressly cancel all the agreements or conventions concluded prior with you, under any capacity. RIDE SAFE reserves its right to cease these Conditions or any Service in relation to you or it may generally cease to provide or it may deny your access to the Services or to any segment thereof, at any moment, irrespective of its reasons. For certain Services provided by RIDE SAFE, Additional Conditions may exist, for example, policies for a certain event, a certain activity or promotion and the relevant additional conditions shall be presented in connection to the applicable Services. In this case, the Additional Conditions shall be added to these Conditions and shall form an integral part hereof. In case of conflict between the Conditions and the Additional Conditions, the latter shall prevail. We may periodically change the Conditions. They will become enforceable the moment they are published on the website, we will enter them into the application, under the dedicated section or we will bring them to your knowledge by any other agreed method. By continuing to access the Services after the relevant publication/information, you give your consent to comply with the updated Conditions. The collection and use by us of the personal information in connection to the Services is carried out in accordance with RIDE SAFE's Privacy Policy, found here ( Privacy Policy), which we invite you to read carefully.
The services provided by RIDE SAFE form a technology platform (both as an app and as website, both hereinafter referred to as the "Platform") which allows the users to constantly monitor the motorbike on which they choose to install the RIDE SAFE device, by providing a real-time connectivity with the vehicle. Using telematics technologies, RIDE SAFE offers the users facilities in relation to the vehicle, such as: geo-location, rides history, navigation, information regarding the manner in which the vehicle was ridden, notifications regarding possible damages and malfunctions, informing the drivers and the passengers about other road traffic participants, various notifications concerning the vehicle status (tire pressure, shock absorbers, lights turned on etc.), as well as performing emergency calls in the event of an accident involving the vehicle or if the driver/passenger requests assistance etc. Services are provided by RIDE SAFE to the user within personal purposes exclusively, not within commercial purposes. Likewise, by accepting these Conditions, you are aware of the fact that RIDE SAFE does not provide medical services, does not provide transportation or logistic services, and the Connected Services offered by RIDE SAFE (such as transportation to specialized medical units or the provision of concierge/transportation-type services for the damaged vehicle are provided by independent third-party contractors, which are not employees of RIDE SAFE, or by an affiliate of this company).
Provided that these Conditions as observed, RIDE SAFE grants you a limited non-exclusive license which cannot be sublicensed or transferred, which can be revoked at any moment, within the purpose of:
(i) accessing and using the Platform on your personal device, exclusively in connection to the use of Services; and
(ii) accessing and using any associated content, information and materials which can be made available through the Services, in any case, exclusively for your personal use, with no commercial purpose.
All rights that are not expressly granted through this document are reserved to RIDE SAFE and to its licensors.
When you access our Services, you have the following usage restrictions:
(i) to remove the copyright markings, trademarks or other property rights belonging to the Services;
(ii) to copy, change, perform derivative works, distribute, license, lease, (re)sell, transfer, display publicly, transmit, stream, broadcast or exploit the Services in any other way than in accordance with the provisions of these Conditions;
(iii) to decompile, restore through reverse engineering or to disassemble the Services;
(iv) to create links, mirrors or frames to a certain portion of the Services;
(v) to use programmes or scripts that perform scraping, indexing, analysis or any other data extraction operations from any portion of the Services or which render difficult or prevent the operation and/or functionality of any Services' aspect; or
(vi) to try to obtain the unauthorised access or to affect any aspect of the Services or of the systems or of its correlated networks.
In relation to you, RIDE SAFE may decide to grant certain Services on behalf of third parties, trade partners of RIDE SAFE. Such Services shall be indicated, where possible, by displaying the partners who provide them. Nevertheless, not falling under RIDE SAFE's control, it is possible that the use of such Services be subjected to other conditions of use and privacy policies for which RIDE SAFE does not assume any kind of liability. In such event, we recommend you to always read the policies made available by third parties in order to see if you agree with them or not.
The Services and all the rights associated therewith are and will remain RIDE SAFE's property or the property of its licensors.
The Conditions and the use of the Services do not give you a right:
(i) upon the Services, except for the use under the conditions of the license listed above;
(ii) to use or to make reference under any way to the company names, logos, product and services names, trademarks, services marks or other property marks belonging to RIDE SAFE or to its licensors.
In order to use most aspect of the Services, you must register and maintain an active services account ("Account"). You must be at least 18 years old or of the legal majority age in your jurisdiction (if different than 18 years old) in order to obtain an account, except for the case when a certain service allows otherwise. The registration of the account forces you to send to RIDE SAFE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method, supported by RIDE SAFE and communicated at the moment the account is created. You agree and undertake to provide correct, complete and up-to-date information in your Account. If you do not keep exact, complete and up-to-date information regarding the Account, including when you have an invalid or expired payment method, can result in being impossible for you to access or to use the Services. Likewise, you are responsible for all the activities appearing in your Account and you agree to permanently keep the security and the secrecy of the Account (including the password). If not allowed otherwise in writing by RIDE SAFE, you may hold one Account only. After you create an Account on the Platform, RIDE SAFE reserves its right to conduct additional verifications (including by e-mail or by SMS/call to the mobile phone number) in order to check the exactness of the data registered on the Platform and to thus validate the User Account.
To the extent in which the Platforms allows it, you will be able, through your Account, to contact other users, to upload various materials (photos, videos) and to transmit various information, in accordance with the developments and specifications of the Platform at that precise moment ("Content"). By accepting these Conditions, you declare that you are the exclusive owner of the content and you undertake not to transmit denigrating, calumnious Content, which incites to hatred, violent, obscene, pornographic, illegal or insulting, as established by RIDE SAFE at its exclusive discretion, irrespective of the fact that the relevant material is protected by law or not. RIDE SAFE has the possibility, not the obligation, to examine, monitor or to delete the Content provided by users, at the exclusive latitude of RIDE SAFE, at any moment, irrespective of the reasons, without prior notification.
The access to the Services offered by RIDE SAFE may involve the use of mobile devices and of an Internet mobile data connection. You are fully liable for the obtainment of the access to the Internet mobile data network for the use of Services. Please consider that charges can be applied for the data and messages transfer, in accordance with the policy of the mobile network you use and it is upon you to pay such charges, RIDE SAFE not being liable in any way for any cost resulting from this use. Likewise, in case a hardware-type device is necessary to access RIDE SAFE Services, it is upon you to procure it in order to be able to benefit from our Services, otherwise we are force to not provide the Services to you. RIDE SAFE does not guarantee that the Services or a segment thereof will function on a certain equipment and does not take liability in any issues or prejudices that may occur.
The payment is made online, through the payment methods listed through the Platform and brought to your knowledge prior to making the payment, as well as when you register on the Platform. The payment processing services, through one of the indicated methods, are subject to the contractual agreements RIDE SAFE has with the relevant payment processor and which may change according to what is agreed and established therein. By accepting the Conditions, you give your consent which is subjected to the trading conditions existing between RIDE SAFE and the relevant trading partner on the online payments processing matter. In case of online payments, RIDE SAFE is not and cannot be held liable for any other cost incurred by the User in addition to the price of the procured Service including, without limitation, transfer fees or exchange rate fees applied by the bank that issued the User's card, in case the card currency is different from the currency of the sale. With reference to the relationship between you and RIDE SAFE, RIDE SAFE reserves its right to determine, cancel and/or revise the Costs for all or part of the services and goods obtained through the use of Services, at any moment, at RIDE SAFE's exclusive discretion.
According to the legislation in force applicable to remotely concluded contracts, the withdrawal right is not ensured in case of services contracts, after the full provision of the services, if the contract execution started with the User's prior express consent and after the User confirmed that he/she acknowledged he/she will lose his/her withdrawal right after the full execution of the Contract by RIDE SAFE.
RIDE SAFE is not liable for any prejudice cause to the User or to any third party due to the fulfilment by RIDE SAFE of any of its obligations in accordance with the Conditions, nor for damages resulting from the inadequate use of the provided Services. RIDE SAFE cannot be in any way held liable for any loss of use, contracts, data, commercial fund, incomes or profits (whether or not they are considered direct claims) or for any loss, damage or subsequent, special, indirect, incidental, punitive or exemplary expense based on or in connection to these Conditions or with the provided Services. The User shall securely keep the username and password pertaining to the Account, being the only person liable in case they are used fraudulently by a third party. RIDE SAFE shall not be liable for any prejudice caused by any technical malfunction of the Platform (e.g., impossibility to access any link on the Platform).
For referrals and complaints related to the procured Service, you can use the referral form available on the Platform. You can formulate claims regarding the Orders, which will be sent to the e-mail address indicated under the "Contact" section on the Platform. The thus-received referrals shall be settled by RIDE SAFE within 30 (thirty) calendar days from their receipt.
By using the Platform, you understand and accept to transmit personal data to RIDE SAFE, and such data shall be the object of processing in accordance with and within the purposes provided in the Privacy Policy which supplements these Terms and Conditions.
Both Parties undertake and guarantee to keep the privacy of the Confidential Information, to prevent disclosing them to third parties and not to use them within other purposes than the ones considered hereunder, except for the ones previously authorised in writing. The Confidential Information can be made available either in writing, in an eye- or machine-readable form, including by fax or by any other electronic transmission means or verbally and can be marked as being confidential or not. The following information is not considered as being Confidential Information: (i) they are or became public (inclusively, without limitation to, any information presented to any government agencies and available to the public) other than following a disclosure by RIDE SAFE with the violation of this section; (ii) they are made available to RIDE SAFE by non-confidential means from a source different than the User about which the Provider considers that it is not prohibited to disclose such information to the Provider ; (iii) they are known to RIDE SAFE prior to be received from the User, with no privacy obligation or (iii) they are developed by RIDE SAFE independently from the Confidential Information disclosed by the User. The User shall not disclose to any third party the Confidential Information received from RIDE SAFE, except for the case in which he/she is bound to under the legislation in force. Should the User disclose the Confidential Information to another person (public or private) than the ones necessary for the fulfilment of the contracted Service, RIDE SAFE reserves its right to go against the User so as to cover any prejudice that could result from such a disclosure.
These Terms and Conditions form the entire Contract between the parties and prevail over any other previous agreements between the parties. The parties agree that no communication between the parties can amend this Contract unless it is made in writing and accepted in writing by both parties.
The User agrees to make all communications under this Contract by means of e-mail, to the address communicated on the Platform, consenting that such a communication is valid through the simple proof on behalf of the Provider regarding that such a communication was sent. The Provider is entitled to use other transmission methods (by mail, fast mail or through bailiffs) for its communications to the User.
The parties agree that all communications related to this Contract shall be made either through the Platform or to the following addresses:
• For the User/Provider - to the mailing address indicated in/through the Platform;
• For the Provider - to the following e-mail: support@ridesafe.eu;
No party will be held liable for the non-execution of its contractual obligations if such full or partial non-execution on term and/or in a corresponding manner is due to a force majeure event, as defined by the Romanian Civil Code. If the force majeure event does not cease within 15 (fifteen) days from its occurrence, any of the Provider or the User shall be entitled to notify to the other party the rightful termination of the Contract without the possibility for any of them to claim damages.
This Agreement is subjected to the Romanian law. RIDE SAFE and the User will try and settle amicably any dispute or misunderstanding that may occur. To the extent in which the amicable settlement is not possible, the disputes will be settled by the competent Romanian law courts, according to the law. Details regarding the alternative methods for dispute settlement are available by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=RO
We may occasionally update these Conditions and we will notify you through the RIDE SAFE platform or by e-mail regarding the most recent version. Even if you do not get a notification, we encourage you to access and to read periodically this policy in order to be up-to-date with its most recent versions.