Terms of Service
These Terms of Service ("Terms") govern your access to and use of Motoguru's mobile applications, website, and related services (collectively, the "Service") provided by MotoGuru Holdings LLC ("Motoguru", "we", "us", or "our"). By creating an account or otherwise using the Service, you agree to these Terms.
Please read carefully. Sections 9 (limitation of liability) and 11 (arbitration) include important limits on your legal rights.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to create a Motoguru account. By using the Service you represent that you meet this requirement and that you have the legal capacity to agree to these Terms.
2. Your account
You're responsible for keeping your account secure — choose a strong password, don't share it, and tell us immediately at support@motoguru.com if you suspect unauthorized access. You're responsible for all activity that happens through your account.
3. Subscriptions and payment
Motoguru Pro is a paid subscription billed through Apple's App Store or Google Play. By starting a Pro subscription you authorize automatic recurring charges to your Apple or Google account until you cancel. Cancel anytime through your device's subscription settings — your Pro access continues until the end of the current billing period.
Pricing may change. Any change to the recurring rate will be communicated at least 30 days in advance and will not affect any billing period already paid for.
Free trials, if offered, automatically convert to paid subscriptions unless canceled before the trial ends.
Refunds are handled by Apple and Google under their respective policies. Motoguru does not issue refunds directly.
4. Acceptable use
You agree not to:
- Use the Service in any way that violates applicable law.
- Misuse the SOS feature to harass, prank, or otherwise abuse emergency contacts or emergency services.
- Reverse-engineer, decompile, or attempt to extract the source code of the App, except as permitted by law.
- Scrape, copy, or republish routes, photos, or other content from the Service except for personal, non-commercial use.
- Upload content that infringes intellectual property, is defamatory, harasses or threatens others, or contains malware.
- Interfere with the Service's operation, including by overloading our infrastructure, probing for vulnerabilities, or evading rate limits.
- Use the Service to track another person without their explicit consent.
We may suspend or terminate accounts that violate these rules, with or without notice.
5. User content
You retain ownership of routes, photos, reviews, and other content you submit. By submitting content, you grant Motoguru a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes like resizing), publish, and display that content within the Service. You can revoke this license at any time by deleting the content from your account.
You represent that you own or have the right to share any content you submit, and that it doesn't violate anyone else's rights.
6. Safety and riding responsibility
Riding a motorcycle is inherently dangerous. Motoguru is a tool, not a substitute for your judgment, training, attentiveness, or compliance with traffic laws. You are solely responsible for:
- Operating your motorcycle safely and lawfully at all times.
- Wearing appropriate safety gear.
- Maintaining your motorcycle in roadworthy condition.
- Paying attention to the road, not your phone. Mount your device safely; do not interact with it while in motion.
- Verifying the accuracy of routes, navigation, weather information, and points of interest before relying on them.
- Knowing how to contact local emergency services in your area. The SOS feature is a supplement to, not a replacement for, calling 911 or your country's equivalent.
Motoguru is not liable for accidents, injuries, deaths, property damage, citations, or any other consequence arising from your use of the Service or from riding a motorcycle.
7. Third-party content and services
The Service displays content from third parties (weather data, maps, points of interest, affiliate product listings) and links to third-party sites. We don't control that content and aren't responsible for its accuracy, completeness, or availability. Your use of third-party services is governed by those services' own terms.
8. Intellectual property
The Service, including its software, design, trademarks, and curated route content, is owned by Motoguru and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.
9. Disclaimers and limitation of liability
The Service is provided "as is" and "as available", without warranty of any kind. To the maximum extent permitted by law, Motoguru disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
To the maximum extent permitted by law, Motoguru's total liability for any claim arising from or related to the Service is limited to the greater of (a) the amount you have paid Motoguru in the 12 months preceding the claim, or (b) one hundred US dollars ($100). In no event will Motoguru be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunity, even if we have been advised of the possibility of such damages.
Some jurisdictions don't allow these limitations. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify and hold harmless Motoguru, its officers, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.
11. Arbitration and class-action waiver
You and Motoguru agree to resolve any dispute through binding arbitration on an individual basis, not in court and not as part of a class action. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in the State of Colorado or, at your option, by phone or in writing. Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.
You may opt out of this arbitration agreement by emailing help@motoguru.com within 30 days of first accepting these Terms.
12. Governing law
These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict of laws principles. Subject to Section 11, any dispute not subject to arbitration will be heard exclusively in the state or federal courts located in Arapahoe County, Colorado.
13. Termination
You may stop using the Service or delete your account at any time. We may suspend or terminate your account for violation of these Terms or for any other reason permitted by law. Sections 5 (your license to us), 8 (intellectual property), 9 (disclaimers), 10 (indemnification), 11 (arbitration), and 12 (governing law) survive termination.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated in the App and by email at least 30 days before they take effect. Continued use of the Service after the effective date means you accept the updated Terms.
15. Contact
MotoGuru Holdings LLC
help@motoguru.com