Terms and Conditions (T&C)

Effective: August 1, 2022

1. General, Scope, Form

a. The following Terms and Conditions (“T&C”) apply to contracts concluded between customers (“Customer”) and us regarding the use of “RideLink” (system consisting of RideLink Portal, RideLink App and/or RideLink WingMan, and the services provided by us depending on the selected subscription) as well as the delivery of goods (e.g., the RideLink WingMan adapter). Detailed information about us as a provider is provided in the imprint.

b. All agreements made between the customer and us in connection with the RideLink system arise, in particular, from these T&C, our declarations of acceptance, the service description, and the price list.

c. Individually agreed arrangements with the customer (including side agreements, supplements, and amendments) take precedence in any case. All agreements between us and the customer, as well as changes to these agreements, must be in written form (e.g., letter, email) to be effective. This also applies to the requirement for written form itself.

d. RideLink is offered exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB) who have reached the age of 18 at the time of registration and have full legal capacity. Use is permitted only by the customer themselves and not for commercial purposes.

e. References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, statutory provisions apply unless they are directly amended or expressly excluded in these T&C.

2. Conclusion of Contract

a. Using the RideLink system requires registration on the RideLink website (“Portal”) with the creation of a user account. Each individual is permitted only one registration with one user account. User accounts are non-transferable.

b. When the customer completes the registration by clicking the "Sign Up" button, they make a binding offer to conclude a usage agreement for the free parts of the RideLink system (e.g., “FreeMium” services). Acceptance/registration confirmation is at our discretion and is issued in written form (email).

c. After successful registration, the customer can order paid services (e.g., PreMium and WingMan subscriptions) and goods on our website, which we can accept by email.

d. Automatically generated registration or order confirmations do not constitute acceptance.

e. The following right of withdrawal applies:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion. If you have purchased goods from us, the withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, took possession of the last item or partial shipment. To exercise your right of withdrawal, you must inform us (RideLink GmbH, Cassellastraße 30-32, 60386 Frankfurt, [email protected]) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email). You may use the attached sample withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

a. If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from choosing a delivery method other than the cheapest standard delivery offered), without delay and at the latest within fourteen days from the day we receive notification of your withdrawal. We will use the same payment method used in the original transaction unless expressly agreed otherwise; no fees will be charged for this refund.

b. If you received goods in connection with the contract, the following applies:

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return or hand over the goods to us promptly and in any case no later than fourteen days from the day you notify us of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods.
You are only responsible for any loss in value of the goods if this loss is due to handling them beyond what is necessary to check their condition, properties, and functionality.

c. If the contract involves the provision of services, the following applies additionally:

If you requested that the services begin during the withdrawal period, you must pay a reasonable amount corresponding to the proportion of services already provided up to the point you notified us of exercising your right of withdrawal, compared to the total scope of services in the contract.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

To RideLink GmbH, Cassellastraße 30-32, 60386 Frankfurt, Phone +49 (69) 348 741 840, [email protected]:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notifying on paper)

Date

(*) Delete as appropriate.

3. Storage and Access to Contract Text

a. The customer can view, print, or save these T&C on our website at www.ridelink.com/de/site/toc using the relevant functions of their internet browser. Customers can also archive their order data by printing or saving the summary on the last page of the order process in the online shop.

b. Additionally, our automatically generated registration/order confirmation emails contain the order details and a copy of our T&C; the customer can print or save these with their email program.

4. Scope of Services, Requirements, Availability

a. The type and scope of RideLink services we provide, their technical and other requirements, necessary customer actions, and availability are described in these T&C and in the service description.

b. Depending on the desired RideLink services, the customer must meet various requirements according to the service description:

In any case, installing the RideLink App on the customer's smartphone is required. The RideLink App is provided by a third-party provider (“Application Provider”) for Android and iOS for free download in the respective app store; the legal terms and privacy policy of the Application Provider apply.
In some cases, purchasing a paid subscription (e.g., PreMium or WingMan) on the RideLink Portal is required. Additionally, the purchase of a WingMan adapter (hardware) may be required, which the customer must install professionally in their motorcycle and register/setup (pair) via the RideLink App and user account. If the customer (e.g., due to sale) is no longer authorized to use the WingMan adapter, they must immediately unpair it.

Availability:

We strive to make the free parts of the RideLink system (especially “FreeMium” services) available as uninterrupted as possible within our technical and operational limits. However, the customer has no claim to uninterrupted availability; usage may be interrupted or impaired due to disruptions, maintenance, or development work.
We guarantee 98.5% availability per calendar year for paid RideLink services. Excluded are times when services are unavailable due to technical or other problems beyond our control, as well as necessary regular maintenance, performed where possible with prior notice and at night.

Certain RideLink services require GPS reception and data/voice transmission via third-party networks, with the SIM card in the WingMan adapter connecting locally. GPS and mobile network services are not part of our service but are prerequisites beyond our control. For example, if no mobile network is available at an accident site, the emergency call function (eCall) cannot be executed.

The RideLink system allows the customer to use services of independent third parties (e.g., emergency and rescue services). Any contractual relationships arise directly between the customer and the third-party provider. Third parties are not our vicarious agents; we are not responsible for them or their services and do not act as intermediaries.

4. Customer Obligations, Usage Rights

a. Registration / Access Data, Third-Party Use:

The customer must provide the personal data required for registration (in particular, name, mobile phone number of the smartphone used, vehicle data (VIN, license plate), address, bank details, invoice recipient, email address) truthfully and update them immediately in the RideLink Portal in case of changes. Otherwise, for example, an incorrect mobile phone number may prevent accessibility for emergency calls.
Personal access data (e.g., passwords) must be kept strictly confidential, and third-party access to the RideLink system must be absolutely prevented. In case of suspected misuse or loss of access data or the RideLink WingMan (adapter) or the SIM card contained therein, the customer must immediately inform us at [email protected] and change or have their access data changed immediately.
The customer is only liable for damages caused by incorrect personal data or third-party use of the RideLink system that occur up to the time we notify them. The customer retains the right to prove that delayed notification or third-party use of the RideLink system cannot be attributed to them.

b. Content and Misuse:

Through the RideLink services, the customer gains access to information, data, texts, photos, videos, audio recordings, and other content ("RideLink Content"). Regardless of whether these are protected by copyright or other legal means, all rights to the RideLink system and RideLink Content are solely ours in relation to the customer. Reproduction, distribution, and/or publication of RideLink Content by the customer is prohibited.
The customer may use the RideLink system and RideLink Content only personally, non-commercially, and appropriately for the contractually agreed purposes during the term of the contract. In particular, they must not:
- retrieve, store, send to third parties, make accessible, or distribute any illegal or immoral content or unsolicited information, items, or other services (e.g., unwanted and unsolicited advertising), refer to offers with such content, or provide links to such pages (e.g., hyperlinks).
- violate criminal laws or youth protection regulations and must not infringe on third-party rights, in particular intellectual property or personal rights (e.g., copyright and trademark rights).
- take any measures that could impair the RideLink system or the associated technical infrastructure. This includes, for example, transmitting content with viruses, worms, malware, Trojans, or harmful properties; using software, scripts, or databases; automatically reading, blocking, overwriting, modifying, or copying data and/or other content; any attempt to decipher, decompile, disassemble, reconstruct, or otherwise determine source code, software, or proprietary algorithms used. This does not apply if the above actions are permitted by mandatory, non-derogable regulations or are necessary for proper use of the RideLink system.

c. The customer must follow the RideLink user manual and, in particular, deactivate eCall before undertaking a sporting ride with extreme inclines, e.g., on racetracks or during racing operations, which could trigger the automatic eCall emergency function even without an accident. Reference is made to the criminal liability for intentional or knowing misuse of emergency calls (including § 145 para. 1 no. 1 of the German Criminal Code - StGB).

d. If there is reasonable suspicion that the customer is misusing the RideLink services, we are entitled to take measures necessary to prevent misuse (e.g., deletion of customer content, blocking the user account), taking into account the legitimate interests of the customer, choosing the mildest means, and informing the customer immediately in text form (email).

e. In the event of a culpable breach of duty, the customer is liable for damages. If eCall is culpably not deactivated, foreseeable damages include claims by rescue and emergency services due to a futile deployment.

5. Prices and Payment Terms, Default

a. Prices can be viewed on our website under Price List. Prices valid at the time of the order apply. Our prices include any packaging costs and statutory VAT; delivery and shipping costs are only included if a separate agreement has been made with the customer.

b. Fees are due upon receipt of the invoice. Payment of one-time fees is possible via PayPal, credit card, or SEPA direct debit mandate. Recurring fees (e.g., annual) are due in advance; a SEPA direct debit mandate must be provided. With a SEPA direct debit mandate, we debit the invoice amount at the earliest five business days after receiving the invoice and announcing the debit from the agreed account.

c. Complaints about an invoice must be received by us within eight weeks of receipt. We will specially point out in the invoices the consequences of failing to file timely complaints. The customer's statutory rights regarding complaints after the deadline remain unaffected.

d. If the customer is in default with payment of usage fees or other payment obligations for a relatively high amount for at least 30 days after our reminder, we may suspend RideLink services until full payment and/or refuse further services as long as the payment obligation persists. The customer remains obliged to pay usage fees.

e. From the start of default, we may charge interest at 5% above the current base rate of the European Central Bank (ECB). We reserve the right to prove higher damages. The customer may prove that a significantly lower or no damage occurred.

f. Invoices and payment reminders are provided in text form, e.g., in the RideLink Portal or by email.

6. Retention of Title on Goods

Sold goods remain our property until full payment of the purchase price.

7. Changes to Terms, Services, Prices

a. We may unilaterally adjust these Terms only in the case of unforeseeable changes that would significantly disrupt the balance of services and consideration, without affecting essential provisions of the contract, i.e., not the type and scope of contractual services or the term or termination. This also includes changes in the legal situation affecting the validity of provisions in these Terms.

b. We may improve and expand contractual services at any time. For valid, unforeseeable reasons, we may also change contractual services if the balance of services and consideration is not adversely affected and the change is reasonable for the customer. A valid reason exists in case of changes in the legal situation or when previous services can no longer be provided due to new technical developments.

c. We may adjust prices based on the development of total costs relevant for their calculation. The adjustment is made according to reasonable discretion based on § 315 BGB (German Civil Code).

Total costs include, in particular, costs for our technical facilities (e.g., server hosting, technical service), use of navigation services (e.g., route calculation, map material, directions), customer support (e.g., hotline, billing and IT systems), personnel and service costs, energy costs, overhead (e.g., administration, sales, marketing, rent, interest), and statutory fees and contributions (e.g., Chamber of Commerce - IHK).
Price reductions must be made if total costs decrease. Increases in one cost category may only be used for a price increase to the extent they are not offset by cost reductions in other areas.

d. Changes to Terms, services, or prices under sections VIII.1, VIII.2, or VIII.3 will be communicated to the customer at least one month before taking effect in text form. For changes that negatively affect the customer and are not legally required, the customer has the right to terminate, which can be exercised within 3 months of notification, earliest effective at the time of the change. We will specially highlight the content and timing of the change and the customer's termination right in the notification.

e. In case of a change in statutory VAT, we are entitled and obliged to adjust prices accordingly; this does not grant the customer a termination right.

8. Term, Termination

a. Usage contracts and subscriptions, unless otherwise agreed (e.g., for limited-time special offers), are concluded for an indefinite period and can be terminated at any time with one (1) month’s notice. Deviating from this, paid subscriptions (e.g., PreMium and WingMan) can be terminated for the first time one (1) year after the order date, thereafter at any time.

b. The right to terminate for good cause remains unaffected.

c. Termination by the customer can, except under § 312k BGB, also be done via the App Store. Both parties may also terminate in text form (letter, email).

d. The customer may uninstall the RideLink app and/or stop using the RideLink system at any time. This does not constitute termination; usage fees for paid subscriptions (PreMium and WingMan) remain payable until termination.

9. Consequences of Contract Termination

a. We will block the user account at the end of the usage contract. The customer will then have no access to their user account, the content contained therein, or the RideLink services.

b. We are entitled, 30 calendar days after the end of the usage contract and after any statutory retention periods, to irreversibly delete all data stored in the user account, including customer content. Data retention and deletion are primarily governed by data protection laws, which may specify shorter retention periods.

10. Data Protection

a. In the context of contract performance (Art. 6 para.1 lit.b DSGVO), processing of personal data (contact, order, and payment information) by us and transmission of personal data to third parties (including rescue services) is required. We will separately inform the customer under Art. 13 DSGVO of any further processing or transmission.

b. Our privacy policy can be accessed at the following link: https://ridelink.com/site/privacy.

11. Warranty for Goods

a. If delivered goods do not meet:

subjective requirements, i.e., do not have the agreed characteristics between the customer and us, are not suitable for the intended use according to our contract, or are not delivered with the agreed accessories and instructions, e.g., assembly or installation instructions,
objective requirements, i.e., not suitable for ordinary use, or do not have characteristics typical for items of the same type or that the customer may reasonably expect considering the type of item and/or public statements made by the seller or other parties in the contractual chain or on their behalf, especially in advertising or labeling, or do not correspond to the sample or model provided before the contract, or are not delivered with accessories including packaging, assembly or installation instructions, and other instructions the customer could expect, or
assembly requirements (if assembly is necessary), we are obliged to provide supplementary performance.

b. Images or drawings in brochures, ads, or other offer documents are approximate unless explicitly declared binding by us; deviations in delivered goods do not constitute a defect in objective requirements. The same applies if we expressly agreed separately with the customer on deviations from objective requirements.

c. Our obligation to provide supplementary performance does not apply if we are legally entitled to refuse it.

d. Supplementary performance is carried out at the customer’s choice by remedying the defect (repair) or delivering new goods (replacement). The customer must make the goods available for supplementary performance and grant a reasonable period for it. During supplementary performance, the customer cannot reduce the purchase price or withdraw from the contract. If repair fails twice, it is considered unsuccessful. After failed supplementary performance, the customer may reduce the price or withdraw from the contract.

e. The customer can claim damages for a defect only after supplementary performance has failed. The customer’s right to further damages under section XIII remains unaffected.

12. Liability

a. Unless otherwise stated in these Terms, we are liable for breach of contractual and non-contractual duties according to statutory provisions.

b. We are liable for damages – regardless of legal grounds – for intent and gross negligence. For simple negligence, subject to statutory liability limitations (e.g., due diligence in our own matters; minor breach), we are liable only

for damages to life, body, or health,
for damages due to delay, impossibility, defects, and/or breach of essential contractual duties (duties whose fulfillment makes proper contract execution possible and on which the contracting party regularly relies); in such cases, our liability is limited to foreseeable, typically occurring damage. The same applies if the customer has claims for damages instead of performance.

c. The liability limitations in section XIII.2 also apply to third parties and for breaches by persons whose fault we are legally responsible for.

d. The liability limitations in section XIII.2 do not apply,

if a defect was fraudulently concealed.
to claims under the Product Liability Act.
if and to the extent we provided a guarantee regarding the quality and/or durability of delivered goods. If damages occur due to the absence of guaranteed quality or durability but not directly to the delivered goods, we are only liable if such risk is clearly covered by our guarantee.

13. Consumer Dispute Resolution

a. The EU Commission provides an online platform for out-of-court dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution before a consumer arbitration board.

b. The customer can raise complaints, questions, or comments at any time using the contact details provided in the imprint.