In-Tune Moto End User License Agreement

Effective version: 4.0.0

Company: Esperian Interactive LLC

Application: In-Tune Moto

These Terms ("Terms" or "Agreement") are a binding contract between you and Esperian Interactive LLC ("In-Tune Moto", "we", "us") governing your use of the In-Tune Moto mobile applications, websites, APIs, and related services (collectively, the "Service"). By creating an account, tapping "I Agree", or otherwise accessing or using the Service, you accept these Terms and our Privacy Policy at https://www.esperianinteractive.com/intune/privacy-policy.html. If you do not agree, do not use the Service.

1. ELIGIBILITY

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You represent that you are not barred from using the Service under any applicable law and that the information you provide at registration is true and current.

2. ACCOUNTS AND SECURITY

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to provide accurate registration information, keep it up to date, and notify us promptly at support@esperianinteractive.com if you suspect unauthorized access. You may not transfer your account, share it with others, or maintain more than one account except as expressly permitted by us. We may suspend or terminate accounts that violate these Terms, including for impersonation, fraud, or abuse.

3. SUBSCRIPTIONS, BILLING, AND REFUNDS

The Service offers optional paid subscriptions ("Pro" or similar) sold through the Apple App Store, Google Play, or another in-app billing channel. By purchasing a subscription you authorize the applicable store to charge your payment method on the disclosed billing cadence. Subscriptions automatically renew at the then-current price until cancelled. You can cancel at any time through your Apple ID or Google account settings; cancellation takes effect at the end of the current billing period. Refunds are handled by the App Store or Google Play under their respective policies; we generally do not issue refunds directly. We may change prices and features prospectively with notice; continued use after a price change constitutes acceptance of the new price. We use RevenueCat as a subscription processor solely to validate receipts and synchronize entitlement state; RevenueCat does not access your payment details.

4. USER CONTENT AND LICENSE TO US

The Service lets you create, upload, post, send, and share content - including but not limited to profile information, vehicle and gear details, event listings, photos, videos, audio recordings, messages, comments, RSVPs, and group information ("User Content"). You retain ownership of your User Content. By making User Content available through the Service, you grant Esperian Interactive LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, transmit, publicly display, and distribute that User Content solely to operate, provide, improve, promote, and secure the Service, and to comply with law. This license ends when you delete the relevant User Content from the Service, except where retention is necessary to comply with legal obligations, resolve disputes, enforce these Terms, or because the content has been shared with other users who have not deleted it. You represent and warrant that you own or have all rights necessary to grant the foregoing license and that your User Content does not infringe or violate any third party's rights.

5. ACCEPTABLE USE; ZERO TOLERANCE FOR OBJECTIONABLE CONTENT

The Service has a zero-tolerance policy for objectionable content and abusive behavior. You agree not to upload, post, transmit, or otherwise make available content that is unlawful, fraudulent, harassing, hateful, defamatory, sexually explicit, threatening, infringing, or otherwise objectionable. You will not impersonate any person; collect or harvest data about other users; introduce malware; interfere with the integrity, security, or availability of the Service; attempt to gain unauthorized access; circumvent rate limits, paywalls, or other access controls; reverse engineer, decompile, or disassemble the Service except as permitted by law; access, scrape, crawl, spider, index, or otherwise extract or copy content or data from the Service by any automated or manual means, except through interfaces we expressly authorize in writing; cache (other than ordinary browser caching), mirror, frame, republish, redistribute, sell, sublicense, or otherwise make any content or data from the Service available to any third party or on any other server, application, or service; use any content or data from the Service for any commercial purpose or for any public display, whether commercial or non-commercial; compile, aggregate, or create any database, dataset, index, or machine-learning or artificial-intelligence training corpus from content or data obtained through the Service; or use the Service to spam, send unsolicited commercial messages, or run automated programs that imitate user behavior. We may refuse, remove, or restrict any content or activity that we believe violates these Terms, in our sole discretion, with or without notice.

6. MODERATION, REPORTING, AND ENFORCEMENT

You can report objectionable content or abusive users from within the Service. We review reports and act on substantiated complaints within 24 hours by removing the content, warning the responsible user, restricting their account, or terminating their access, as we determine appropriate. You can also block other users; blocked users will be hidden from your experience and prevented from contacting you on the Service. Users who repeatedly violate these Terms are subject to permanent account termination. We may cooperate with law enforcement and respond to lawful requests as required.

7. COPYRIGHT (DMCA) NOTICE AND TAKEDOWN

We respect intellectual-property rights and respond to clear notices of alleged copyright infringement consistent with the U.S. Digital Millennium Copyright Act. To submit a notice, contact our designated agent at support@esperianinteractive.com and include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. Our designated copyright agent is: Malcolm Bowers, Copyright Agent, Esperian Interactive LLC, 4307 Lakebend West Dr, San Antonio, TX 78244, USA; telephone +1 (903) 603-5520; email support@esperianinteractive.com. We may terminate the accounts of repeat infringers.

8. THIRD-PARTY SERVICES, MAPS, AND AGGREGATED CONTENT

The Service relies on third-party platforms - including Apple, Google, Amazon Web Services, Firebase, and RevenueCat - to authenticate users, deliver notifications, host content, process subscriptions, and provide other infrastructure. Your interactions with those platforms are subject to their own terms and privacy policies.

The Service uses third-party mapping, location, and geocoding providers to display maps, search for venues and addresses, and enable navigation, including Google Maps and OpenStreetMap. When you use mapping or location features, you also agree to be bound by the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps/ and the Google Privacy Policy at https://policies.google.com/privacy. Mapping and geocoding data provided through OpenStreetMap is © OpenStreetMap contributors and is made available under the Open Database License. Place and address information returned by these providers is approximate and provided for convenience only; we do not guarantee its accuracy.

Some content shown in the Service, including certain event listings, is aggregated or compiled from third-party sources. We do not create, own, endorse, verify, or warrant that content; it may be inaccurate, incomplete, outdated, or changed or removed without notice, and your reliance on it is at your own risk. If you believe an aggregated listing is inaccurate or should be removed, contact us at support@esperianinteractive.com.

The Service may also link to or surface content from third-party websites; we are not responsible for third-party content or practices.

9. PRIVACY

Our Privacy Policy at https://www.esperianinteractive.com/intune/privacy-policy.html describes what we collect, how we use it, and the choices you have. By using the Service, you acknowledge the collection, processing, transfer, and storage practices described there.

10. NOTIFICATIONS AND COMMUNICATIONS

By creating an account and using the Service, you agree that we may send you communications related to your use of the Service, including push notifications, in-app messages, and emails - for example, notifications about events, RSVPs, messages, friend and group activity, security alerts, and changes to your account or these Terms. Some of these communications are necessary to operate the Service, and you may not be able to opt out of them while you maintain an account. You can control most push notifications through your device settings and can unsubscribe from non-essential or promotional messages using the mechanism provided in those messages. Standard data and messaging rates from your carrier may apply.

11. ASSUMPTION OF RISK; RELEASE AND WAIVER

The Service helps users discover, organize, and attend motorcycle and automotive events, rides, meetups, and similar in-person gatherings. RIDING, DRIVING, AND ATTENDING THESE EVENTS ARE INHERENTLY DANGEROUS ACTIVITIES THAT CAN RESULT IN SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. We do not organize, host, lead, supervise, control, sponsor, or inspect events, rides, routes, vehicles, gear, or participants, even where an event is listed, promoted, or facilitated through the Service, and we do not screen or verify the identity, conduct, licensing, insurance, or fitness of any user, host, or attendee.

You participate in all events, rides, meetups, and in-person interactions arranged through or discovered on the Service entirely at your own risk and on your own responsibility. You are solely responsible for your own safety and decisions, for complying with all applicable traffic, licensing, registration, insurance, and other laws, for the condition and roadworthiness of your vehicle and the suitability of your protective gear, and for assessing routes, weather, conditions, and other participants. To the maximum extent permitted by law, you knowingly and voluntarily assume all risks associated with these activities, whether known or unknown.

To the maximum extent permitted by law, you release, waive, and discharge Esperian Interactive LLC and its affiliates, officers, directors, employees, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses of any kind arising out of or related to your participation in, travel to or from, or interactions at any event, ride, meetup, or in-person interaction arranged through or discovered on the Service, or arising out of the acts or omissions of any other user, host, or attendee. This release does not apply to liability that cannot be waived or limited under applicable law. SOME JURISDICTIONS DO NOT ALLOW CERTAIN RELEASES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. INTELLECTUAL PROPERTY; LICENSE TO YOU

The Service, including its software, design, trademarks, and content (other than User Content), is owned by Esperian Interactive LLC and its licensors and is protected by intellectual-property and other laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on devices you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved. The Service and all content and data made available through it (other than your own User Content) - including event listings, photographs, and other users' content - are provided to you solely for your personal, non-commercial use. Except with our prior written permission, you may not copy, reproduce, download (other than transiently for ordinary viewing), mirror, scrape, harvest, frame, republish, redistribute, transfer, sell, license, or publicly display any content or data from the Service, in whole or in part, for any other person or on any other server, application, or service, nor use any such content or data for any commercial purpose. This restriction does not limit your rights in your own User Content.

13. FEEDBACK

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without obligation to you.

14. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. EVENTS AND MEETUPS ORGANIZED THROUGH THE SERVICE ARE PLANNED AND ATTENDED AT YOUR OWN RISK; WE DO NOT ENDORSE OR VERIFY EVENT HOSTS OR ATTENDEES, AND YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY, INCLUDING WHEN DRIVING, RIDING, OR MEETING OTHER USERS IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESPERIAN INTERACTIVE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Esperian Interactive LLC and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or any rights of a third party.

17. TERMINATION

You may stop using the Service and delete your account at any time from within the app or by contacting support@esperianinteractive.com. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or possible legal exposure for us or other users, or for other operational reasons. On termination, your right to access the Service ends immediately, but Sections 4 (license already granted to existing User Content shared with others), 7, 11, 12-16, 18, 20, and 21 will survive.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we make material changes, we will publish a new version (incrementing the version number shown in the app) and require you to re-accept before continuing to use the Service. Non-material changes may take effect on posting. Your continued use after the changes become effective constitutes acceptance.

19. APPLE APP STORE ADDITIONAL TERMS

If you obtained the Service from the Apple App Store, the following terms apply in addition to the rest of these Terms, and prevail over conflicting provisions to the extent of the conflict, solely with respect to your use on Apple-branded devices:

(a) These Terms are concluded between you and Esperian Interactive LLC only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.

(b) Your license to use the Service is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

(d) Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.

(e) We, not Apple, are responsible for addressing any of your or any third party's claims relating to the Service or your possession or use of it, including product-liability and consumer-protection claims and claims of non-conformity with applicable legal or regulatory requirements.

(f) We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim relating to the Service.

(g) You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) You must comply with applicable third-party terms when using the Service.

(i) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. GOOGLE PLAY ADDITIONAL TERMS

If you obtained the Service from Google Play, you acknowledge that these Terms are between you and Esperian Interactive LLC only, and not with Google LLC, and that Google is not responsible for the Service. To the extent these Terms conflict with the Google Play Terms of Service, the Google Play Terms control with respect to your acquisition of the Service from Google Play.

21. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Texas, United States of America, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or related to these Terms or the Service that cannot be resolved informally within thirty (30) days will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current rules, seated in Bexar County, Texas, with the arbitrator empowered to grant any relief a court could grant. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The foregoing arbitration and class-action waiver do not apply to (a) claims that may be brought in a small-claims court for claims within that court's jurisdiction or (b) injunctive or equitable relief sought by either party to protect intellectual-property rights, which may be brought in the state or federal courts located in Bexar County, Texas, and you consent to personal jurisdiction and venue there. If the class-action waiver is held unenforceable as to any claim, that claim will proceed in court and the arbitration provision will continue to apply to other claims.

22. EXPORT CONTROLS

You may not use or export the Service in violation of U.S. export laws or any other applicable export laws and regulations, including any U.S. embargoes or trade sanctions.

23. MISCELLANEOUS

These Terms, together with the Privacy Policy and any in-app disclosures incorporated by reference, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices to you may be provided through the Service or to the email associated with your account; notices to us must be sent to support@esperianinteractive.com or by mail to Esperian Interactive LLC, 4307 Lakebend West Dr, San Antonio, TX 78244, USA.

24. CONTACT

Questions about these Terms? Contact us at support@esperianinteractive.com or by mail at Esperian Interactive LLC, 4307 Lakebend West Dr, San Antonio, TX 78244, USA; telephone +1 (903) 603-5520.

California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.