MotoCurve Terms of Use

These terms cover the MotoCurve website, the MotoCurve app and everything they offer (together, “MotoCurve”). By using MotoCurve — with or without an account — you agree to them. If you do not agree, do not use MotoCurve.

1. Riding is dangerous — you accept the risk

Motorcycling carries a real risk of serious injury and death. MotoCurve is a planning and guidance aid only. It does not know the condition of the road in front of you, the weather, traffic, your bike, or your skill. You alone are responsible for how, where and whether you ride, and you accept all risks of riding, including on routes MotoCurve suggests.

2. You are responsible on the road

• Obey all traffic laws, road signs, signals and directions from police or road workers, even when they differ from what MotoCurve says.
• Suggested routes can include roads that are closed, unpaved, gravel, private, seasonal, poorly maintained, unlit or otherwise unsafe. Curvy routes are chosen for bends and are more demanding by design. Check a route before you ride it and turn back if a road does not look right.
• Ride only when you are licensed, fit and sober, on a road-legal bike with the right gear.

3. Don’t use it while riding

Set up your route before you set off. While moving, rely on voice guidance and a secure mount, do not touch or stare at the screen, and pull over somewhere safe to change anything. Follow the law where you ride on phone use.

4. Map and route data can be wrong

MotoCurve builds on data from OpenStreetMap, TomTom and other providers, and on its own calculations. Roads, turns, speed limits, speed cameras, closures, traffic, weather, fuel stops, places, elevation and arrival times may be incomplete, inaccurate or out of date. GPS can be imprecise and a phone can lose signal, battery or power. Never rely on MotoCurve as your only source for any of these.

5. Crash alerts, group rides and live location

• Crash alerts are not an emergency service. They do not call 911 or any rescuer. They depend on your phone’s sensors, battery, signal, our servers and email delivery, any of which can fail, so an alert may never be sent, may arrive late, or may be sent when nothing happened. Do not rely on them for your safety or anyone else’s.
• Group rides share your live position with everyone who has the ride code or link, for as long as you are in the ride. Share codes only with people you trust.

6. Your account and what you share

Routes and rides you create stay yours. When you publish a route, share a ride or join a group ride, you let us store and show that content to the people it is shared with, until you unpublish or delete it. Do not post anything unlawful, or anything you have no right to share. You must be at least 13 to use MotoCurve, and if you are under 18 you need a parent’s or guardian’s permission. Keep your password safe; you are responsible for what happens under your account.

7. Fair use

Don’t misuse MotoCurve: no scraping or bulk downloading, no attempts to break, overload or get around its limits or security, no reverse engineering except where the law allows it, and no using it to harm or track other people. We may suspend or end access for anyone who does.

8. No warranty

MotoCurve is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that MotoCurve will be available, uninterrupted, error free or safe, or that any route or alert is correct.

9. Limitation of liability

To the fullest extent the law allows, MotoCurve and the people who run it are not liable for any personal injury, death, property damage, or any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or time, arising out of or related to your use of MotoCurve or any route, direction, alert or information it provides, however caused and even if we were told it was possible. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or US $50. Donations are gifts, not purchases.

Some places do not allow certain warranties or liabilities to be excluded or limited. There, the exclusions and limits above apply only as far as the law permits, and nothing in these terms limits a right you have that cannot be waived.

10. Indemnity

If someone makes a claim against us because of how you used MotoCurve, how you rode, or what you shared, you agree to cover our reasonable losses and costs from that claim, including legal fees.

11. Disputes

These terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-law rules. Before filing any claim, email [email protected] and give us 30 days to try to resolve it.

If we cannot, any dispute arising out of or relating to MotoCurve or these terms will be resolved by final, binding arbitration on an individual basis under the Consumer Arbitration Rules of the American Arbitration Association, except that either side may bring an individual claim in small claims court. You and we each give up the right to a jury trial and to take part in a class action or class arbitration. You can opt out of arbitration by emailing [email protected] within 30 days of first agreeing to these terms. Any dispute not sent to arbitration will be heard only in the state or federal courts located in New York, and you and we agree to their jurisdiction.

12. Changes and ending

We may change MotoCurve, or stop offering it, at any time. We may update these terms; when we do, we will change the date above, and for a change that matters we will ask you to agree again in the app and on the site. Using MotoCurve after an update means you accept it. You can stop using MotoCurve at any time, and ask us to delete your account.

13. The rest

If part of these terms cannot be enforced, the rest still applies. Not enforcing a part is not a waiver of it. These terms and the Privacy Policy are the whole agreement between you and us about MotoCurve.

Contact

Questions about these terms: [email protected].