TERMS OF USE

These Terms of Use (these “Terms”) are a legal agreement between you and Zugunruhe Labs, LLC, a Colorado limited liability company (“Zugunruhe Labs”, “we”, “us”), governing your access to and use of MotoScore (the “Service”). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. What MotoScore Is

MotoScore is a route intelligence service for motorcyclists. Rather than optimizing for speed or distance, it evaluates how well a road aligns with different kinds of riding.

You draw a route on a map or import an existing one, and receive an assessment of how well that route suits each riding profile the Service offers, shown alongside one another. Routes may be exported to Google Maps or as GPX files for use with third-party navigation devices and applications, and two route variants may be compared side by side.

1.2. Descriptions of the Service.

We describe the Service in general terms deliberately. We do not publish the methodology behind our assessments, and we do not describe features in these Terms in a way that would require amending them each time the product changes. Nothing in this Section is a warranty about any specific capability.

2. Eligibility

2.1. Age.

You must be at least sixteen (16) years old to use the Service. By using it you represent that you are.

2.2. License and Personal Use.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial purposes. Any other use, including resale, redistribution, or use to build a competing product, requires our written permission.

2.3. Accounts.

You are responsible for activity under your account and for keeping your sign-in method secure. Sign-in is by Google account or by an emailed sign-in link. Tell us promptly at the address in Section 18 if you believe your account has been used without your permission.

3. The Beta Program

3.1. Current Availability.

The Service is currently in a closed beta. Access is limited to participants we have admitted. Features, availability and performance during the beta are subject to change without notice, and the Service may be unavailable or behave unexpectedly.

3.2. Beta Participant Reward.

(a) A beta participant who completes the program, as that is defined in the Beta Test Agreement the participant accepted, receives three (3) years of access to our paid tier at no charge.

(b) That three-year period begins on the date we first make paid tiers generally available, not on the date the participant was admitted or completed the program.

(c) If we cease to offer the Service, or cease to offer a paid tier, the reward ends with it. It is a commitment to provide access to a service we operate, not a commitment to operate the Service for three years.

3.3. Feedback.

You may rate routes and send us written feedback. We may use that feedback to operate and improve the Service without obligation or payment to you. Do not send us anything you consider confidential.

4. Tiers, Payment and Cancellation

The provisions in this Section 4 govern paid access. They take effect when we first make paid tiers generally available. Until then, access is governed by Section 3.

4.1. Tiers.

(a) A free tier provides core route planning, scoring and export.

(b) A paid tier, MotoScore Pro, provides additional capabilities identified in the Service at the point of purchase.

(c) We may change what each tier includes. If a change removes a capability from the tier you are paying for, we will give you notice under Section 4.6.

4.2. Billing.

(a) We bill you directly. We are the merchant of record. Payments are processed by Stripe, and by submitting payment details you also agree to Stripe’s terms.

(b) MotoScore Pro is offered on a monthly basis, and may also be offered on an annual basis. The plans available, and the price and billing interval of each, are shown to you before you purchase.

(c) A subscription renews automatically at the end of each billing period, at the then-current price, until you cancel. We will tell you the price, the billing interval and the fact of automatic renewal before you pay.

(d) All prices are in US dollars and exclude any tax we are required to collect.

4.3. Cancellation.

(a) You may cancel at any time. On cancellation your paid access continues until the end of the period you have already paid for, and does not renew.

(b) To cancel, email us at the address in Section 18.

4.4. Refunds.

(a) Monthly subscription payments are not refundable. You may cancel at any time and keep access for the period you have paid for.

(b) We will refund a payment where we have charged you in error, charged you twice for the same period, or failed to provide the Service for a sustained period.

(c) Nothing in this Section limits any refund or withdrawal right you have under the law of your own country or state, including any statutory right to withdraw from a distance contract.

4.5. Payment Disputes.

If you believe a charge is wrong, contact us before disputing it with your bank or card issuer. We would rather correct an error than contest a chargeback. We may suspend access to a paid tier while a dispute is outstanding.

4.6. Price Changes.

We may change the price of a paid tier. We will give you at least thirty (30) days’ notice before a change takes effect, sent to the email address on your account. The new price applies from your next renewal. If you do not want to continue at the new price, cancel before it takes effect.

5. Your Content

5.1. What You Keep.

Routes you create or import, and the written feedback you send us, are yours. We do not claim ownership of them.

5.2. The License You Give Us.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process and display your content solely to operate and provide the Service to you, and to improve it. This license exists so that we can run the Service. It does not permit us to publish your content, sell it, or use it to promote the Service, and it ends when your content is deleted, except for copies held in routine backups until those expire.

5.3. What You Promise About What You Upload.

You represent that you have the right to upload what you upload. Our route import accepts GPX files, which you may not have created yourself; do not upload a file you do not have the right to use.

5.4. What Happens to Your Content.

(a) You may ask us to delete your account and the content associated with it by emailing the address in Section 18. We will act on that request within thirty (30) days.

(b) Deleting your account removes your account record, your saved routes and your ratings from our systems. It does not reach route data held in your own browser, which you can clear yourself; records our payment processor is required to retain; or, if you accepted a Beta Test Agreement, the record of that acceptance, which we keep as evidence that the agreement was made and which is described in our Privacy Policy.

(c) Route geometry stored when you rate a route is retained for twenty-four (24) months and then removed automatically.

(d) If you take part in the Founders Award, the record of the feedback that counted toward it, the points it earned and the decisions behind them is removed when you delete your account. Because the Award is determined from that record, you cannot be selected for the Award after your account is deleted, and any Award already made to you ends. The Official Rules for that award say more.

6. Acceptable Use

You will not:

(a) use the Service other than for your own personal, non-commercial riding;

(b) upload anything unlawful, or anything you do not have the right to upload;

(c) submit written feedback that is abusive, defamatory, or contains another person’s private information;

(d) attempt to access another user’s account or content;

(e) scrape, harvest or systematically extract data from the Service, or use automated means to access it at a rate we have not permitted;

(f) reverse engineer the Service, or attempt to derive the methodology behind our assessments;

(g) interfere with the Service’s operation or security, or circumvent any limit or access control; or

(h) use the Service to build or improve a competing product.

We may remove content or suspend access if you breach this Section.

7. Our Intellectual Property

The Service, including its software, design, brand, and the methodology behind its assessments, belongs to Zugunruhe Labs. These Terms grant you a license to use the Service, not any ownership of it. MotoScore is our trade name.

Assessments the Service produces are for your own use. You may not publish them in bulk, or use them as a dataset, without our written permission.

8. Third-Party Services and Data

The Service relies on third parties for mapping, road data, elevation, traffic conditions, payment processing and email delivery. We identify them in our Privacy Policy along with what each receives.

Road and geographic data comes from third-party sources. It may be incomplete, out of date, or wrong. We do not verify it, and our assessments are only as good as the data behind them.

Where the Service links to a third-party service, such as opening a route in Google Maps, that service’s own terms and privacy practices apply to what you do there. We do not control it.

9. Availability

We do not promise the Service will be available at any particular time or without interruption. We may change, suspend or discontinue any part of it. If we discontinue a paid tier, we will refund the unused portion of any period you have paid for.

10. Term and Termination

10.1. By You.

Stop using the Service at any time. To close your account, email us under Section 5.4.

10.2. By Us.

(a) We may suspend or terminate your access if you breach these Terms, or if we are required to by law.

(b) We may discontinue the Service, or any tier of it, on thirty (30) days’ notice to the email address on your account.

(c) If we terminate your access for a reason other than your breach, we will refund the unused portion of any period you have paid for.

10.3. Survival.

Sections 3.2, 5.2 (as to content already provided), 7, 11, 12, 13, 14 and 15 survive termination.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THAT: WE DO NOT WARRANT THAT ANY ASSESSMENT IS ACCURATE, COMPLETE OR SUITABLE FOR ANY PURPOSE; WE DO NOT WARRANT THE ACCURACY OR CURRENCY OF ANY ROAD OR GEOGRAPHIC DATA; AND WE DO NOT WARRANT THAT ANY ROUTE IS SAFE, LAWFUL, PASSABLE OR OPEN.

EVERY ASSESSMENT THE SERVICE DISPLAYS REFLECTS FIT TO A RIDING PROFILE. NO ASSESSMENT IS A SAFETY RATING, AND A FAVORABLE ASSESSMENT IS NOT A STATEMENT THAT A ROAD IS SAFE TO RIDE OR SAFE TO RIDE QUICKLY. THIS SECTION APPLIES TO EVERY ASSESSMENT THE SERVICE DISPLAYS, FOR EVERY RIDING PROFILE, HOWEVER MANY PROFILES IT SHOWS AND WHETHER OR NOT YOU ASKED TO SEE THAT PROFILE. YOUR OWN JUDGMENT GOVERNS HOW AND WHETHER YOU RIDE ANY ROUTE.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZUGUNRUHE LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, or for fraud.

13. Indemnity

You will indemnify Zugunruhe Labs against any claim arising from your breach of these Terms, from content you upload, or from your use of the Service in a way these Terms do not permit.

14. Changes to These Terms

We may change these Terms. If a change is material we will give you at least thirty (30) days’ notice by email or in the Service before it takes effect. Continuing to use the Service after that date means you accept the change. If you do not accept it, stop using the Service and, if you are paying, cancel under Section 4.3.

15. Governing Law and Disputes

15.1. Governing Law.

These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws principles.

15.2. Disputes.

(a) Contact us first. Most problems are quicker to fix than to litigate, and we would rather hear about it.

(b) Any dispute not resolved that way may be brought in the state or federal courts located in or having jurisdiction over Larimer County, Colorado, which is the exclusive venue. You consent to the personal jurisdiction of those courts.

(c) Nothing in this Section prevents either of us from seeking injunctive relief, or you from bringing a claim in a small claims court.

If you are a consumer resident in the European Union or the United Kingdom, nothing in this Section deprives you of the protection of the mandatory laws of your country of residence, or of the right to bring proceedings in its courts.

16. Platform Provisions

MotoScore is currently a web application. The following apply if and when you obtain a MotoScore application through the Apple App Store or Google Play.

(a) These Terms are between you and Zugunruhe Labs, not with Apple or Google. That platform is not responsible for the application or its content.

(b) Your license to use the application is limited to devices you own or control, as the platform’s own terms permit.

(c) The platform has no obligation to provide support or maintenance for the application.

(d) Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to an application obtained through the App Store, and may enforce them against you.

(e) Where you buy a subscription through an app store, that store handles billing, renewal and cancellation under its own terms, and those terms govern that transaction rather than Section 4.

17. General

17.1. Entire Agreement.

These Terms and our Privacy Policy are the entire agreement between you and us about the Service, and supersede any earlier understanding.

17.2. Severability.

If any provision is held unenforceable, the rest continues in effect and that provision is modified to the minimum extent necessary to make it enforceable.

17.3. No Waiver.

If we do not enforce a provision, that is not a waiver of it.

17.4. Assignment.

You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets, on notice to you.

18. Contact