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    MotorInc Terms of Service

    Effective Date: November 17, 2024

    Welcome to MotorInc! We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully.

    Here's a summary of some key terms, and read the full policy below:

    Terms of Service

    The MotorInc websites, related mobile applications and services (collectively, the "Services") are made available to you subject to these Terms of Service (the "Terms"), which includes the Acceptable Use Policy, and in accordance with MotorInc's Privacy Policy (the "Privacy Policy"). More information about the Services may be found at https://motorinc.com. The Services are provided to you by MotorInc, Inc. and throughout these Terms "MotorInc" or "we" refers to the relevant service provider providing the Services to you. You agree to comply with these Terms and any supplemental terms which MotorInc makes available to you on the Services, which shall form part of the Terms. MotorInc reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING "SIGN UP" OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

    If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

    Registration and Accounts

    The Services are intended solely for persons who are at least 13 years old or such higher age as required in your country to use the Services. If you are under the legal age to form a legally binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

    If you are a parent or legal guardian of a MotorInc user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms. Notwithstanding, MotorInc reserves the right to refuse access to the Services by users under certain ages or under the legal age, in our sole discretion.

    To use the Services, you must register. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself ("User Data") and (b) maintain and promptly update the User Data. You agree that MotorInc may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one account for your own personal use and not share your account or MotorInc subscription with others. You agree that all activities associated with your account on the Services reflect authentic activities undertaken by you. If you provide any User Data that is inaccurate or not current, you have created multiple accounts, or MotorInc has reasonable grounds to suspect that such User Data is inaccurate or not current, MotorInc has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

    You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. You agree to immediately notify MotorInc of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to MotorInc. The use of unique and complex passwords is highly recommended for security reasons.

    You may register for or log-in to your account via a third-party network, such as Meta, Google, or Apple. If you do so, you will authorize MotorInc to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account, based on those companies' privacy policies. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

    By virtue of certain of the Services connecting to third-party APIs, you hereby agree to be bound by those providers' terms of service and privacy policies in connection with your use of such Services.

    Payments and Fees

    Payments

    To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third-party platform, like Apple App Store or Google Play, or any other payment method made available by MotorInc) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store, and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://motorinc.com/account. If you paid through the Google Play or Apple App Store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by MotorInc, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via https://support.motorinc.com.

    Fees

    In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, are payable in advance. Changes in rates will take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your MotorInc account, whether on a one-time or subscription basis. MotorInc reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

    Auto-Renewal

    Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

    Cancellation

    Cancellation of Subscription

    If you signed up on MotorInc.com, you may cancel your subscription by visiting your “My Account” page and selecting “Cancel Subscription.” If you signed up through the Google Play or Apple App Store, you may cancel your subscription through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

    Free Trials

    Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, unless otherwise specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method if you cancel prior to the end of your free trial period. You may cancel your subscription at any time by going to your account settings.

    Beta Features

    MotorInc may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use product functionality ("Beta features"). Beta features may not be supported and may require you to update your version of the Services. Use of Beta features is at your own risk and you understand that they may contain errors, design flaws or other problems. The 'Your Feedback' section of this policy applies to any feedback you provide related to Beta features. Beta features may be changed or deprecated, and we may remove access at any time without notice.

    Ownership of and Use of Content

    You own, or otherwise have the right to grant the rights and licenses set forth in these Terms, the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g. a video submitted via Playy). Public segments and routes created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

    You agree that MotorInc is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms or is otherwise illegal or contrary to applicable law, you may bear legal responsibility for that Content. As between you and MotorInc, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with MotorInc is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place MotorInc in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of MotorInc other than as set forth in our Privacy Policy and your privacy controls, and MotorInc will not be liable for any use or disclosure of any Content you provide.

    The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. MotorInc will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

    You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the Services without compensation to you. For example, we may show your MotorInc followers that you use a certain device, product, or service available from a third-party that has paid us to display its ads on MotorInc. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

    As noted in our Privacy Policy, we may suggest products, places, events, routes, challenges, or circles on MotorInc that may interest you, users that you may want to follow, or new features that you may want to try. We also use algorithmic ranking to determine what type of content (such as activity, post, route recommendation) to show in your feed. The main parameters for these recommendations can include your preference type, user engagement with the content type (e.g., impressions, clicks), activity features (e.g., activity uploads, average run distance), app usage (e.g. challenge joins, club joins), and basic demographic information (age, gender, tenure), and location information where relevant to the recommendation (e.g., for challenge and route recommendations), as well as your network (someone you follow joined this circle).For example, we may recommend places to you based on similar places you have viewed or clicked on, as well as past events you have joined, and products and people you follow have joined.

    In addition, depending on your settings, we use algorithmic ranking to determine the order of activities that appear in your feed. You can use your Display Preferences to choose whether to order the activities in your Feed to be "Personalized" (a blend of new activities, the kinds of activities you tend to interact with, and the great efforts you may have missed) or by "Latest Activities" (chronologically, by when new activities are finished).

    The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

    You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray MotorInc or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

    You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While MotorInc may recommend the equipment or materials of certain third party suppliers, MotorInc shall have no responsibility or liability for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

    You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

    You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

    Content and Conduct Restrictions

    MotorInc’s Acceptable Use Policy describes restrictions on content and conduct and is incorporated by reference into these Terms. You agree to comply with this policy. In addition, please see MotorInc Digital Services Act for relevant information, including our policy on misuse.

    You understand that you, and not MotorInc, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. MotorInc may, in accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content that violates the Terms or is otherwise objectionable. Please note, this does not guarantee the accuracy, integrity or quality of such Content.

    You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable or illegal. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

    If you believe Content posted to the Services violates our standards or these Terms, please report it to us. For more information on the action we may take against MotorInc accounts that are found to be in violation of these Terms and our standards, and what to do if you believe action has been taken in error, please see here. Interactions with MotorInc Users

    The Services function as a venue to connect MotorInc users in a virtual information place. As a neutral facilitator, MotorInc is not directly involved in the actual interactions between users using the Services. As a result, MotorInc has no control over the truth, accuracy, quality, legality, or safety of postings made by users using the Services. MotorInc shall have no responsibility to confirm the identity of users. MotorInc shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users using the Services. You shall at all time exercise common sense and good judgment when dealing with any Services.

    If you elect to use our features to inform your contacts about the Services, track your activities via MotorInc Signal, or share your information with others, MotorInc may require you to provide information about your contacts. MotorInc may use the contact information you provide to send emails or text messages. You represent that you are authorized to provide any third party contact information that you provide to MotorInc, that you are authorized to use such information to contact (including for MotorInc to contact) the third party and that MotorInc may process such information pursuant to the Privacy Policy. We expect all users to honor the MotorInc Community Standards and Acceptable Use Policy as incorporated by reference above in these Terms of Service. We reserve the right to remove your verified status and badge, as well as cease your free subscription, at any time.

    Circles

    MotorInc creates and administers certain Circles, as well as the circle verification program. MotorInc may choose to verify certain Circles and place a badge on their profile page if they meet the requirements for a Verified Badge for Circles. We reserve the right to revoke or transfer ownership of Circles, remove content, remove a Circles's verified status and badge, and remove a circle at any time. If you request a transfer of ownership of a circle, MotorInc may require you to provide certain documentation.

    If you, as an OEM or partner, create a circle on MotorInc, you are responsible for ensuring that your circle: (a) abides by these Terms of Service, Acceptable Use Policy and our Community Standards; (b) does not claim, suggest an affiliation with, or impersonate MotorInc whether by using MotorInc's intellectual property or otherwise; (c) has the right to use or post all circle content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and (d) does not, in MotorInc's sole discretion, use the cicle to inappropriately advertise or promote any contests, sweepstakes, or other promotions. Circle administrators hereby agree to indemnify and hold MotorInc harmless from any and all claims arising out of your circle, including but not limited to claims of intellectual property infringement.

    Third Parties

    Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with MotorInc. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT MOTORINC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

    MotorInc or third parties may provide links to other internet sites or resources through the Services. MotorInc does not endorse or provide any warranty, and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that MotorInc is not responsible for the availability of such external sites or resources.

    The Services may provide you with the ability to send or post messages or send communications to third party service providers, advertisers, your personal contacts, other users and/or MotorInc. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which MotorInc provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) depending on your account settings and method of communication, communications methods used by you may constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or approved by MotorInc (unless expressly stated otherwise by MotorInc) and (c) MotorInc may pre-review, post-review, screen, archive, or otherwise monitor communications in accordance with and to the extent permitted by law. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing. Proprietary Rights

    You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by MotorInc or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

    MotorInc grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by MotorInc.

    The term MotorInc, the MotorInc logo, the look and feel of the Services, and all other MotorInc logos and product and service names are the exclusive trademarks of, and are owned by, MotorInc., and you may not use or display such trademarks in any manner without MotorInc’s prior written permission. Any third-party trademarks, service marks, product names, company names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by MotorInc.

    MotorInc reserves all rights not expressly granted hereunder.

    Claims of Intellectual Property Infringement

    MotorInc. is not responsible for any third party intellectual property infringement of your Content and cannot adjudicate disputes between you and such third-parties. We recommend reaching out directly to the party that you believe is infringing on your intellectual property rights or Content or filing a suit against such third party. Under no circumstances is MotorInc liable for such third party infringement and will not be a party to any such legal action taken against a third party. If you believe in good faith that materials hosted by MotorInc infringe your copyright or trademark rights, you (or your agent) may also report such infringement to us. Such report must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MotorInc to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that MotorInc will not respond to complaints that do not meet these requirements. MotorInc will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

    Agent to receive reports of Claimed Infringement:

    MotorInc Copyright Agent
    B001, Everest Nivara InfoTech Park
    Midc, Turbhe
    Navi Mumbai, Maharashtra 400705
    India
    ip@motorInc.com
    +91 9167433403

    Your Feedback

    You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to MotorInc a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, do not send MotorInc any Feedback that you do not wish to license to us as set forth above.

    Disclaimer of Warranties and Liability

    THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. MOTORINC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MOTORINC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

    YOU EXPRESSLY AGREE THAT MOTORINC IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND MotorInc.

    YOU EXPRESSLY AGREE THAT THE ACTIVITIES YOU PERFORM (INCLUDING, BUT NOT LIMITED TO, DRIVING, CYCLING, RUNNING, OR FOLLOWING A MOTORINC PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF MOTORINC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

    YOU EXPRESSLY AGREE THAT MOTORINC DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CIRCLE ADMINISTRATOR.

    YOU EXPRESSLY AGREE TO RELEASE MOTORINC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE MOTORINC WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY MOTORINC SUBSCRIPTIONS OR PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY MOTORINC (INCLUDING, WITHOUT LIMITATION, ANY MOTORINC SUBSCRIPTION OR PLAN) WHILE ENGAGED IN ANY ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTORINC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    MOTORINC DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

    THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO MOTORINC IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

    Indemnity

    You agree to indemnify and hold MotorInc and its subsidiaries, affiliates, directors, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your activities which generate the Content you post or seek to post on the Services (including, but not limited to, activities in connection with any contests, races, group rides, or other events which MotorInc sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.

    Time Limitation on Claims

    You agree that any claim you may have arising out of or related to your relationship with MotorInc and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

    Choice of Law and Forum

    Any action related to the Terms, Content, the Services, and your relationship with MotorInc shall be governed by, and construed and interpreted in accordance with, the laws of India without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the courts of Mumbai, India and you consent to the exclusive jurisdiction of the courts of Mumbai, India. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Operation of the Services

    The Services are provided by MotorInc Technologies Private Limited. from its offices within India.

    MotorInc Technologies Private Limited
    B001, Everest Nivara InfoTech Park
    Midc, Turbhe
    Navi Mumbai, Maharashtra 400705
    India
    ip@motorInc.com
    +91 9167433403

    MotorInc makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the India or the EU/EEA do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Indian. export laws and regulations.

    Termination

    You agree that MotorInc may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. In some cases, you may have the right to appeal, for example, as described in our Acceptable Use Policy. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in MotorInc’s sole discretion and that MotorInc shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, CIRCLE, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General. General

    You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and MotorInc as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and MotorInc with respect to your use of the Services. The failure of MotorInc to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of MotorInc. MotorInc has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. MotorInc’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

    Modification of the Terms and Services

    Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. MotorInc reserves the right to update the Terms at any time and for any reason in its sole discretion. MotorInc will notify you in advance of any material changes to the Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services and delete your account.

    MotorInc and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. For example, the mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. MotorInc reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that MotorInc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

    Support and Questions

    For questions regarding the Services and these Terms, please contact us via https://support.motorinc.com.

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