Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ThrottleTrack governing your access to and use of the ThrottleTrack motorcycle ride tracking application and website (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are between the ages of 16 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3. Account Registration

To use certain features of the Service, you must create an account and provide accurate and complete information. You are responsible for maintaining the security of your account and password. ThrottleTrack cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. Subscription Plans and Payments

ThrottleTrack provides a platform for motorcycle enthusiasts to track their rides, plan routes, and share their experiences with others. The Service is available in multiple tiers:

• Free Plan: Limited rides per month, basic metrics, and limited route planning
• Paid Plans: Include unlimited rides, advanced metrics, and additional premium features
• Organization Plans: Available for motorcycle clubs and organizations with group management features

The Service may change from time to time as we evolve, refine, or add more features. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

5. User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"), including ride data, routes, and photos. User Content is subject to the following conditions:

By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media format for the purpose of providing and promoting the Service.

• You own or have the necessary rights to use and authorize us to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, intellectual property rights, or any other rights of any person or entity
• Your User Content does not contain material that is unlawful, obscene, defamatory, threatening, harassing, abusive, or hateful

6. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws, regulations, or these Terms
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Engage in any activity that interferes with or disrupts the Service
• Attempt to gain unauthorized access to the Service or related systems
• Collect or store personal data about other users without their consent
• Share or promote dangerous riding behavior that may encourage unsafe motorcycle operation
• Use the Service in any way that promotes illegal activities, including but not limited to street racing
• Upload, transmit, or distribute any computer viruses, worms, or other malicious code

7. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of ThrottleTrack and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Third-Party Links and Content

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by ThrottleTrack. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Service, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third-party website, service, or content.

9. Safety and Legal Compliance

ThrottleTrack is designed to enhance your motorcycle riding experience, but safety is paramount. You agree to:

• Always operate your motorcycle in accordance with all applicable traffic laws and regulations
• Never interact with the ThrottleTrack app while operating your motorcycle; all app interactions should take place when safely stopped
• Use any navigation features responsibly with appropriate mounting devices and not as your sole means of navigation
• Recognize that route suggestions provided by the Service are for informational purposes only and may not account for current road conditions, closures, or other hazards

We strongly encourage the use of appropriate safety gear when riding and following all local laws and regulations regarding motorcycle operation.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall ThrottleTrack, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use or alteration of your transmissions or content

11. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. ThrottleTrack and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither ThrottleTrack nor its suppliers and licensors makes any warranty that the Service will be error-free or that access thereto will be continuous or uninterrupted.

12. Governing Law

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

15. Contact Us

If you have any questions about these Terms, please contact us at [email protected].