End User Licencing Agreement

PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY

This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and SCFMOTO Ltd whose registered address is Orbit Building, NETPark, Joseph Swan Road, Sedgefield, County Durham, TS21 3FB (‘Supplier’, ‘us’ or ‘we’).

Under this Agreement, we are providing you with the JUSTRIDE App, including all content, material, or services accessible within the software, as well as updates and upgrades to the software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (the Software), and all associated documentation and support resources (the Documentation).

This Agreement is not for the sale of the Software to you but to grant you a licence which allows you to use the Software and Documentation on the terms and conditions set out below. This means that you do not own the Software and are only allowed to use the Software in accordance with this Agreement. We remain the sole and beneficial owners of the Software and the Documentation at all times.

You must be at least 16 years old and resident in the UK to use the Software.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND LOGGING INTO THE SOFTWARE (THE JUSTRIDE APP) YOU ARE AGREEING TO AND ACCEPTING THE TERMS OF THIS AGREEMENT, THIS MEANS THAT THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT WILL BE LEGALLY BINDING ON YOU.

YOU MAY PRINT THE WEB PAGE CONTAINING THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR DEVICE.

The Licence
1. We license you to install and use the Software provided you follow all of the rules described in this Agreement. The licence:
  1. is only for you personally and for non-business use;
  2. only allows use on one device owned by you at any given time;
  3. can only be used in the UK;
  4. is granted to you for unlimited period of time and for as long as the Software remains available; and
  5. starts from the moment you indicate your agreement to be bound by this Agreement by clicking ‘Accept’.
2. All the Software and Documentation and all the intellectual property rights in or to the Software and Documentation, wherever arising, are owned by us. This means that even if you paid money, you do not own the Software and Documentation. Any payments that you make or have made only permit you to use the Software and Documentation in accordance with the terms set out in this Agreement.
3. You are not permitted to make any copies of either the Software or the Documentation.
4. You may only use the Documentation to the extent necessary to enable use of the Software in accordance with the terms of this Agreement.
5. You are not allowed to:
  1. modify the Software’s code in any way, including inserting new code, either directly or through the use of another piece of software;
  2. deliberately attempt to avoid, manipulate or interfere with any security features or technological protection measures included in the Software, except where permitted by law (for example, making a necessary back-up copy under section 50A, or decompiling for interoperability under section 50B, of the Copyright, Designs and Patents Act 1988);
  3. pretend that the Software is your own or make it available for others to download or use in whatever form (including by way of copying the code of the Software and creating an independent version); or
  4. remotely access the Software or allow others to do so (for example, hosting the Software on a server for multiple users is not permitted).
6. If the Software contains any third-party software components (Third Party Software), those components shall be deemed to be incorporated within the Software for the purposes of this Agreement (except where expressly stated otherwise). Use of the Third Party Software will also be subject to the additional licence terms specified by the relevant third-party owner (the Third Party Additional Terms). We will either include those Third Party Additional Terms with the Agreement or provide you with a link where they can be found. By using the Software, you agree to comply with any applicable Third Party Additional Terms.
Support and contact
1. If you need to get in touch with us, you can use any of the following methods:

Our support pages	www.justride-app.com/support
Email	info@justride-app.com

1. If you need to give us notice in accordance with any of the terms of this Agreement, you can only do this by email at the addresses set out in clause 2.1.You cannot give us notice under this Agreement by any other method.
2. If you need to get in touch with us about anything else, please feel free to contact us in the way that works best for you. However, please make sure that you provide us with your contact details otherwise we may not be able to respond to your query.
3. If we need to get in touch with you, we will usually do so by the email you have provided to us or by providing you with a notification in the Software.

Privacy and your personal information

Protecting your personal information is important to us. Our latest Privacy Notice (which may be updated from time to time, available at: [www.justride-app.com/privacy]) explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. Note that some personal information is collected automatically by the Software, whereas other personal information is collected by us at the request of you or us. Please read the information set out in our Privacy Policy carefully as it is important.

Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide Software updates, product support, and other services related to the Software. We may also use this information to improve our products or services.

We will only use any such data that is personal information in accordance with our latest Privacy Notice from time to time (see clause 3).

Acceptable Use
1. You must not use the Software to do any of the following things:
  1. break the law or encourage any unlawful activity;
  2. send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
  3. infringe our or anyone else’s intellectual property rights;
  4. transmit any harmful software code such as viruses;
  5. try to gain unauthorised access to computers, data, systems, accounts or networks; or
  6. deliberately disrupt the operation of anyone’s website, app, software, server or business.
Updates to the Software
1. We may provide updates to the Software from time to time for reasons that include fixing bugs or enhancing functionality.
2. The updates that we provide may change or remove functionality, but if they do, we will ensure that the Software continues to meet the description of it that was provided to you at the time you downloaded the Software. If the required Technical Specifications (as set out at the beginning of this Agreement) change as a result of an update that we provide, we will notify you of such changes.
3. Updates will either download automatically, or you may need to trigger them yourself. If the latter, you will be notified by the Software.
4. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Software may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Software updated to the latest version that we make available. We may not support Software where you have failed to implement updates within a reasonable period of time.
Use of the Software and Purchases made within the Software
1. The primary function of the Software is as a is a motorcycle-focused platform that may, but are not guaranteed to, provide:
  1. Route planning
  2. Motorcycle navigation
  3. Off-road route following
  4. Route recording
  5. GPX import and export
  6. Route sharing
  7. Group Navigation
  8. Live Location Sharing
  9. Verified Account content
  10. Rider safety services
  11. JUSTRIDE Assist and access to the same.
  12. Crash detection technology
  13. Emergency alerting services
  14. Satellite communication integrations

Certain services may not be available in all countries or regions;

1. You must be at least 16 years of age to use the Software. By acceptance of this agreement you confirm you are legally capable of entering into it, will provide accurate information and you will keep your account details up to date.
2. To access certain features of the Software you may be required to create an account, verify your email address and provide emergency contact information. In order to continue to use features requiring an account then you must maintain accurate profile information.
3. Certain features of the Software require an active paid subscription. Subscriptions can currently be purchased through the Apple App Store, Google Play and other approved payment providers as updated from time to time. Subscription fees are non-refundable except where required by any applicable law and may be subject to auto-renewal unless cancelled before the renewal date.
4. Routes, maps, waypoints and navigation information provided in the Software are provided for guidance purposes only. Road conditions, trail conditions, access restrictions, weather conditions and hazards may change without notice. Users remain solely responsible for:
  1. Route selection
  2. Riding decisions
  3. Compliance with laws
  4. Compliance with land access restrictions
  5. Safe operation of their motorcycle
5. The Software provides Group Navigation and Live Location Sharing features. Users remain responsible for their own safety and riding decisions at all times. You acknowledge that:
  1. Shared location information may not always be accurate
  2. Connectivity interruptions may occur
  3. Other users may disconnect from services
  4. Group Navigation does not guarantee riders remain together
6. The Software may be used with off-road riding; however, this carries additional risks including but not limited to those resulting from remote locations, reduced emergency response availability, terrain hazards, environmental hazards and reduced communications coverage. You assume all risks associated with off-road route following and adventure riding activities.
7. JUSTRIDE Assist is designed to provide rider safety and emergency assistance services. JUSTRIDE Assist may include crash detection, emergency alerting, emergency contact notification; incident management, satellite-enabled access to emergency services. JUSTRIDE Assist is intended to support riders but must not be relied upon as a substitute for personal safety precautions or proper road safety precautions or as any sort of substitute for the emergency services.
8. Where available as part of your subscription, JUSTRIDE Assist includes access to worldwide SOS emergency response services provided by Global Rescue. These services operate 24 hours a day, 365 days a year and are designed to receive SOS alerts, process your location information and, where appropriate, coordinate with local emergency services and your nominated emergency contacts.
9. JUSTRIDE Assist is intended to support users worldwide. However, the availability, speed and effectiveness of any emergency response are dependent upon local infrastructure, telecommunications networks, satellite connectivity (where applicable), the availability and capability of local emergency responders, and other factors beyond the control of SCFMOTO and Global Rescue. In some countries or remote locations, emergency services may be limited, delayed or unavailable.
10. While SCFMOTO and Global Rescue will use reasonable efforts to facilitate emergency assistance following the activation of an SOS alert, neither party guarantees that emergency responders will be available, dispatched or able to reach your location within any specific timeframe, or that any particular outcome will be achieved.
11. Crash detection may be offered as part of the Software and relies upon smartphone sensors, device configuration, operating system permissions, connectivity and other factors. We cannot guarantee successful incident detection or notification. You acknowledge that, amongst other things:
  1. Not all crashes will be detected
  2. False alerts may occur
  3. Emergency notifications may fail
  4. Network coverage may be unavailable
  5. Device failures may occur
12. Certain emergency assistance services are provided via the Software through third-party providers including Global Rescue. Where emergency assistance is activated, information may be shared with those providers as necessary to facilitate assistance. Response times, availability and outcomes cannot be guaranteed. You acknowledge that we no control over emergency responders, rescue providers, healthcare providers, third parties or public authorities.
13. Compatible satellite communication devices may be connected to the Software. Satellite services require compatible hardware, an active satellite subscription and operational satellite cover, which may not be available. We do not guarantee satellite availability. Satellite services may if available, but are not guaranteed to, include:
  1. Emergency SOS
  2. two-way messaging
  3. Live location sharing
  4. Journey tracking
  5. Group awareness
14. Users may submit data to us for use in the Software including but not limited to routes, images, route descriptions, reviews, comments and other content. You retain ownership of your content. You grant SCFMOTO a worldwide, royalty-free, perpetual, sublicensable and transferrable licence to host, display, reproduce and distribute such content within the Software. You are solely responsible for data and content you publish.
Changes to this Agreement
1. We may need to revise this Agreement from time to time to reflect changes in the Software’s functionality, to deal with a security threat or if there is a change in the law or guidance.
External services
1. The Software may enable you to access services and websites that we do not own or operate (referred to below as External Services).
2. We are not responsible for examining or evaluating the content or accuracy of these External Services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
3. You must not use External Services in any way that:
  1. is inconsistent with these terms or with the terms of the External Service; or
  2. infringes our intellectual property rights, or the intellectual property rights of any third party.
4. From time to time, we may change or remove the External Services that are made available through the Software.
5. We may use the Software to allow External Services to advertise to you in addition to third parties, as at our discretion,
Our responsibility to you
1. If we breach this Agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time you clicked to accept this Agreement, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage, for example, loss of business opportunity, business interruption, or loss of profits.
3. This Software is provided in substantially the same form to all our Users. It is your responsibility to make sure you have read the conditions for its permitted uses and technical specifications as these may not match the specifications of your device(s) or your intended uses.
4. If the Software or any updates provided by us damage your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
5. The Software is not intended to be used by anyone under 13 years of age. We do not intend to collect the information of anyone under 13. If you are aware that any information of anyone under 13 has been shared with the app, please let us know so that we can delete that data.
6. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our, or any of our employees’, agents’ or subcontractors’, negligence, liability for fraud or fraudulent misrepresentation, compensation you are entitled to under applicable binding laws relating to the protection of your personal information or any other liability that the law does not allow us to exclude or limit.
Failures of networks or hardware
The Software relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection and your device, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Software due to a poor internet connection, faulty components in your device (such as a faulty camera or GPS navigation service), the failure of a third party venue’s Wi-Fi or mobile network, an uncharged device, insufficient battery power, battery optimisation or power-saving settings that restrict the Software’s operation, or your failure to ensure your device remains adequately charged while using the Software, or anything else that it would not be reasonable to expect us to control. Furthermore, you are responsible for ensuring that your device has sufficient battery charge, appropriate power and location settings, and any other required permissions to enable the Software to operate correctly throughout your journey.
Ending this agreement
1. Remediable breach. If you breach this Agreement in a serious way, or persistently breach this Agreement, and such breach is able to be remedied, we will provide you with written notice of your breach and require you to remedy it within 14 days. If you do not remedy the breach within the 14 days notified to you, then we can immediately end this Agreement by giving you notice in writing. ‘Serious’ in this clause 11 means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Software or doing anything else that we think presents a big enough risk to justify us ending the Agreement quickly.
2. Non-remediable breach. If you breach this Agreement in a serious way, or persistently breach this Agreement, and such breach is not able to be remedied, we can immediately end this Agreement either without advance notice to you or by giving you notice in writing.
3. If you breach this Agreement in any other way than as set out in clauses 11.1 and 11.2 above, we have a right to end this Agreement and will give you a reasonable amount of notice before the Agreement ends.
4. The consequences of the Agreement ending are as follows:
  1. you will no longer be allowed to use the Software and we may remotely limit your access to it;
  2. we may delete or suspend access to any accounts that you hold with us;
  3. you are not entitled to a refund of any payment made in respect of the software; and
  4. you must delete the Software, Documentation and any copies of the Software or the Documentation, from any devices that they have been installed on and we may ask you to confirm to us that you have done so.
Third parties

No one other than us or you (or if applicable, people who have been validly assigned the rights under this Agreement) has any right to enforce any term of this Agreement.

Severance
1. If any of the clauses in this Agreement are found to be unlawful, this will not affect the validity and effectiveness of the remaining terms and conditions of this Agreement. This means that if one clause or sub-clause is found to be unlawful, it will not apply, but the rest of the Agreement will continue to be in full force and effect.
Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

Transferring this Agreement
1. We may transfer, assign or sub-license our rights under this Agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
2. You are not allowed to transfer, assign or sub-license your rights under this Agreement to anyone without our prior written consent.
Governing law and jurisdiction
1. The laws of England and Wales apply to this Agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
2. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.