Terms of service

1.1

These terms and conditions apply to all the services of the Ridelink system, in particular the portal, the adapter and the Ridelink App. The terms and conditions apply to users as a consumer or as an entrepreneur. Consumers are natural persons who conclude a legal transaction for purposes that can not be attributed to their commercial nor their independent professional activity. Entrepreneurs is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity. The use of the RIDELINK system is only permitted by full-year users.

1.2

Ridelink's portal provides free information as well as registrant access to the data in the Ridelink App and the adapter. The use of Ridelink is free, but individual services of Ridelink require the chargeable acquisition of the adapter as well as a subscription. The respective performance description of a ridelink service and the price information contained therein are jointly compliant with these terms and conditions.

1.2.1

The free RIDELINK app allows tracking of routes as well as navigating routes. The Ridelink App requires registration access to the portal.

1.2.2

The paid adapter records driving data with its own sensors and sends them to the Ridelink Portal. For recording the driving data, a paid subscription is necessary. When buying the adapter, the subscription is included for 12 months. The adapter must be firmly installed in the motorcycle and connected to the internal 12Volt battery of the motorcycle. The use of the adapter requires registration access to the portal.

1.2.3

The fee-based subscription contains an e-call for 12 months and a data tariff for transferring the data from the adapter to the Ridelink Portal. The subscription requires a registration requiring registration to the portal and automatically extends for a further 12 months, unless the subscription is terminated for 30 days.

1.2.4

The Ridelink Tracking & Navigation service works with the Ridelink App and additionally with the adapter. This service enables recording routes as well as navigating routes. The data is stored in the portal.

1.2.5

The Ridelink accident detector requires one in the motorcycle fixed adapter and connected to the 12Volt battery adapter as well as an active subscription. The adapter identifies an accident based on the own sensors and sends the current position data to an accident message. This accident registration office tries to reach the user by phone, in parallel, rescue workers are alerted and sent to the last position of the motorcycle.

1.2.6

The Ridelink anti-theft detector requires one adapter attached to the 12Volt battery and an active subscription to the 12Volt battery. The RIDELINK app must be activated the theft detector. With unauthorized contact or movement of the motorcycle, a message is sent with the current position of the adapter to the user.

1.3

The free ridelink app as well as free updates must be acquired in the respective app stores of the provider. Which operating systems the Ridelink App currently supports can be found at https://www.theridelink.de. The RIDELINK app can be used on compatible smartphones and, where appropriate, other devices in the future. Ridelink can provide free updates in the respective Store for Mobile Apps for the Ridelink App, which, if necessary, change the functionality of the Ridelink App. System Requirements and Features The updates and the Ridelink App in their updated version result from the product and update description in the respective store for mobile apps as well as are available at https://www.ridelink.com.

1.4

With the order of the Ridelink System, the user recognizes the terms and conditions in the version applicable at the time of order.

1.5

These terms and conditions are provided on https://www.ridelink.com. Questions about using the Ridelink System Please direct the following e-mail address: support@ridelink.com

2.1

The presentation of the RIDELINK system on the Ridelink Portal is not a binding offer. All services of the Ridelink are non-binding, unless that this was explicitly described differently.

2.2

The user has to register before using and using the RIDELINK system on the portal. With registration, the free RIDELINK app for tracking and routing is available to him. From this profile, the user can additionally order the paid subscription. When registering, the user specifies its e-mail address as username and password. The password chosen by the user itself must be kept secret and not to convey to third parties. He will not be less able to venture through unauthorized or third parties or enable the necessary measures to ensure confidentiality and in case of misuse or loss of this information or a corresponding suspicion of Ridelink via e-mail at the e-mail address support@theridelink.de to inform. Changes regarding the registration data must be notified immediately.

2.3

As part of the registration on the portal, the user indicates a binding offer by clicking on the "Login" button to complete a contract for using the Ridelink Portal and the opening of a user account (hereinafter "Account"), which is transmitted to Ridelink, and accepts the terms and conditions, advertising consent and the privacy policy. Following the registry, Ridelink sends the user to confirm the registration by e-mail with these terms and conditions. Only after receipt of this e-mail is the registration process completed and a user contract is concluded. There is no entitlement to conclusion of a user agreement. The terms and conditions are to be viewed at any time on the portal.

2.4

The Ridelink App is provided in cooperation from third parties called "Application Provider". The Application Providers may demand approval from the user to their own terms and conditions and privacy policy for using the mobile application of RIDELINK. These are not checked and / or released by Ridelink. It should be noted that Application Providers can determine the way in which Ridelink mobile applications use and process the retrieved data. The user is asked to remove further the terms and conditions and privacy policy of the respective Application Provider.

2.5

The user can use the Ridelink App only after approval to these terms and conditions as well as after conclusion of a contract with Ridelink. By adding the user the Ridelink app, he agrees to these terms and conditions. The contract is concluded if the user clicks the "Install" button on the product description page and, if necessary, enter its respective password. To use the service, the user must continue to register by the corresponding function of the Ridelink App and an account on the Ridelink portal according to para. 2.3 Open. The required data must be truthfully specified and updated to changes immediately in order to ensure smooth use.

2.6

The Ridelink services are available to the user after registration and / or acquisition of the subscription as well as the adapter as the Ridelink app after ordering on the confirmation page, on the portal as well as possibly via Ridelink App. If the user is a consumer, there is a right of withdrawal within a 14-day deadline according to the following cancellation policy.

2.7

The user admits that he is fully entitled and fully operational at the time of ordering. Unless a user consumes the RIDELINK system for a company and a profile applies, he assures to be entitled to prepare the company profile as well as to accept the Terms and Conditions and Privacy Policy. The company has the right to revoke this authorization and name another person as a substitute. The authorization of the replacement person takes place by authorizing and designating the respective person by the company to Ridelink and the assumption by Ridelink.

3.1

The user can use the Ridelink system privately and business. The user is not permitted to transfer the rights of use and access authorizations to third parties, unless Ridelink has previously agreed.

3.2

The user receives access as well as simple, in the purpose of the contract and the duration of the contract limited, reverberant usage rights to the Ridelink services. These rights of use are subject to the full payment of the usage fee. The user may use the RIDELINK system and / or their contents only for their own use as well as in the legally intended framework. He does not issue recycling rights, for example for duplication, dissemination or public accessibility. In particular, the user is not entitled to submit the benefits of the Ridelink third parties to use, unless Ridelink has expressly approved the transmission previously.

3.3

Ridelink does not affect the data transmitted by the user and does not check their content, correctness, legality or completeness. The user is responsible for the content provided.

3.4

Information about the respective system requirements are included in the respective performance descriptions.

3.5

Ridelink is entitled to block access and use of the Ridelink system after prior notice for suspicion of misuse, unlawful use and infringement of these terms and conditions, as far as required without prior notice. If the profile is not used over a time of more than six (6) months, Ridelink is free to lock the account. Further rights remain unaffected.

4.1

The prices for the RIDELINK system result from the prices and performance descriptions in the version valid at the time of the order. For the Ridelink services, the prices indicated are total prices, including the statutory VAT.

4.2

The user can pay the ordered Ridelink system via PayPal.

4.3

When paying via PayPal, the price is due immediately with accounting. The invoice amount, unless otherwise agreed, is due upon receipt of the invoice to the user for payment. The granting of an access to the paid Ridelink services and their use is subject to complete payment.

4.4

Ridelink is entitled to interrupt the deployment of paid services until the user is late payment by the user. The user remains obliged in this case to pay the monthly fees.

4.5

Invoices and payment memories are electronically, e.g. be transmitted in the portal or by e-mail.

6.1

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

6.2

The use of the subscription is over 12 months after the beginning of the contract and can be terminated with a period of (1) month to the end of the contract. Otherwise, the contract will automatically be extended 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

A 100 percent availability of the Ridelink websites is not possible for technical reasons. Nevertheless, Ridelink strives to fix disturbances due to maintenance, safety and capacity reasons as short term as possible. If errors or shortcomings of the RIDELINK system occur, which are in the risk at risk of ridelink, required defects will be eliminated at your own expense within a very short time limit. Ridelink is not responsible for Internet / network-related downtime, and in particular not for downtime, in which the Ridelink app is due to technical or other problems that are not in the influence of Ridelink (for example, force majeure, etc.), not over the Internet to be achieved. For failures of services due to a disruption outside the area of ​​responsibility of the Ridelink, there is no refund of fees to the user.

8.2

Ridelink assumes no liability for existence, fitness and fault freedom as well as availability of third-party technical facilities, in particular the transmission lines used by the user and its own data communication devices as well as for the error-free, immediate and secure transmission of data between the users and ridelink over the Internet. Ridelink points out that the confidentiality of data for data transfers in open networks such as the Internet can not be guaranteed after the current state of the art. The transmission of data is done on its own guarantee.

8.3

The RIDELINK system provides an accident detector and a theft detector that can fail in individual cases on ridelink not to be influenced.

8.3.1

precondition

The user must install the Ridelink adapter properly in the motorcycle according to the supplied installation and operating instructions. The installation and operating instructions are available in the portal and in the app. Furthermore, the above services require an active subscription.

Here are possible reasons why one of the services fails in individual cases:

a) Lack of integrity and vitality of hardware components

The hardware components are also constructively designed for the purpose of accident recognition. However, in the context of this interpretation, not every conceivable external violence can be considered by particular constructive measures. The hardware components should therefore be installed at a protected point in or on the vehicle. In extreme accident situations, damage to the hardware components themselves can take place and, if necessary, drag functional impairments of the system.

The power supply of the device ensures only via the on-board power supply of the vehicle.

b) lack of typicality of the accident or theft situation

The system of the system concludes the existence of an accident or theft situation (hereinafter: "Situation") from specified combinations of the data supplied by the sensor technology of the system. The determination results from a slowdown evaluation, which is necessary to avoid false alarms (e.g. by falling over the vehicle), but in the target conflict with a complete detection of situations as possible. In the case of atypical situations where the values ​​of the sensor technology suggests another event as an accident or theft, therefore, despite the existence of an accident no emergency call or no theft alarm is triggered. Such atypical situations may be given, for example, if

- the motorcycle after an accident is almost perpendicular to stand, for example because it is clamped between trees or wedged between other vehicles (this may not be reliably distinguished from a shelter brake),

- The motorcycle is detected from the stand from a counter-channel vehicle (this may not be reliably distinguished from a simple falling of the motorcycle) or

- the motorcycle is moved in unusually a conventional manner.

c) lack of availability of sufficiently accurate location data

The system generates the location coordinates required for the emergency call from values ​​delivered by the GNSS. For example, if GNSS falls off, the operator of the GNSS changes the accuracy of the location to a no longer sufficient measure or is no connection to a sufficient number of GNSS satellites (for example due to failures or terrain securities) may possibly, if necessary, can the accident location Not determined and an emergency call will not be triggered. Letter D) applies accordingly.

d) lack of network availability

The Ridelink system uses the public radio network for the construction of communication with the accident messefer. If a mobile connection can not be established, an emergency call can not be triggered.

8.4

For damages, Ridelink, for whatever reason, is liable only for intent and gross negligence. With simple negligence, Ridelink is only liable for damages resulting from the violation of life, body or health, or for damages from the breach of a material contractual obligation. In this case, however, liability is limited to the replacement of the foreseeable, typically occurring damage. Another liability of Ridelink is excluded.

8.5

Other claims for damages of the user are excluded.

10.1

German law applies. For consumers, this choice of law applies only to the extent that the protection provided by compelling provisions of the state of the usual residence of the consumer is not deprived.

10.2

Ridelink reserves the right to change these terms and conditions at any time without mentioning reasons with effect for the future, unless this is unreasonable for the user. Ridelink will notify the user on changes of the Terms and Conditions. If the user does not contradict the validity of the new Terms and Conditions within six (6) weeks after notification, the changed terms and conditions are considered as accepted by the user. Ridelink will point out the user in the notification to his right of objection and the meaning of the opposition period. Furthermore, the Ridelink reserves the right to terminate the contract, provided that the user contradicts the changes in the Terms and Conditions.

Ridelink also reserves the right to change the Terms and Conditions (i) due to amendment of laws or case-law as well as the prior art, (ii) if the change is only beneficial for the user or (iii) as far as ridelink introduces additional services, The a description in the Terms and Conditions requires unless the previous contractual relationship is therefore adversely and / or unreasonably changed. Ridelink will inform about such changes in the terms and conditions.

10.3

Place of performance for all services from the Ridelink business relationships and place of jurisdiction is the seat of Ridelink, insofar as the user is not consumers, but merchant, legal entity of public law or public-legislation. The same applies if the user has no general place of jurisdiction in Germany or the European Union or is unknown to residence or habitual residence at the time of the action. The authority to call the General Court to another statutory place of jurisdiction remains unaffected. The application of the u.N. sales law is excluded.