TERMS OF SERVICE
Last modified: 25.05.2016
RISER is a web based platform and a connected mobile application. The services and functionality of RISER is based on the idea of collecting and publicizing motorcycle relevant information on the RISER online platform riserapp.com and the mobile application RISER. The information is collected by the user and shared on the platform, visible for other registered users. It is RISER’s aim to make motorcycling more fun, providing a platform to connect likeminded people, sharing route information and getting informed on relevant topics.
Every service as well as the collecting, editing and provisioning of personal data by RISER underlies the applicable data protection laws. Every user is able to decide her/himself which personal information or data should be visible to the other users.
2 APPLICATION TO TOS
2.1 By registering, the user explicitly accepts RISER’s Terms of Service (TOS) as well as all existing agreements of this document. Further, the user confirms that he has fully read and understood this TOS.
2.2 The use of all services and functions of the RISER platform riserapp.com and the mobile application is not possible without explicit agreement to these TOS.
2.3 Only the German version of these Terms of Service is mandatory and can be found at www.riserapp.com/de/agb.
2.4 These Terms of Service hold for either the online platform riserapp.com and also for the mobile application (available for iOS) and every subdomain of riserapp.com.
2.5 Changes of the TOS are possible at any time. The current and compulsory TOS can be found at www.riserapp.com/tos and during registration via mobile application.
3 OBJECT OF AGREEMENT
3.1 Mobile application RISER for Apple iOS:
3.1.1 Currently the mobile application is only available for Apple’s iOS platform and all services can only be used via this application. We are working to extend our services to other platforms.
3.1.2 Newsfeed (Term: Feed): own activities/trips and activities/trips and added motorcycles from friends, sponsored posts and advertisements;
3.1.3 My Roadbook (Term: Roadbook): my own activities/trips, created sections/segments (part of trips; also called segments), as well as segments/sections of other users
3.1.4 My personal profile (Term: My profile): personal data like last name, first name, profile picture (optional), cover image(optional), my bike(s)(optional), statistics regarding my activities/trips (like in roadbook), list of activities/trips, links to friends, photos and my roadbook.
3.1.5 My friends (term: Friends): a list of people who are friends with me or sent a friendship request.
3.1.6 My photos (term: Photos): overview of all photos taken during a trip or added afterwards; sorted by trip & date; depending on the privacy level of a trip which the photo is assigned to, different user groups can view these photos (public, friends, private).
3.1.7 Discover function (term: discover): with the discover function it possible for the user to find interesting sections/segments nearby; further, these sections/segments can be loaded into the users roadbook; these sections have motorcycle relevant information like: Duration, length, climb & fall, badges to describe the section/segment;
3.1.8 The user can share an activity/trip including chosen photos on the social platform Facebook. This is only possible with the explicit agreement of the user; user generated content is not shared automatically, the user has to activate the „Share on Facebook“ option.
3.1.9 The user confirms with the registration that costs of any kind, which emerge through transmission of data between his smartphone, computer or any other internet device, are invoiced with the user’s cell phone carrier and paid by the user her/himself. RISER takes no responsibility for caused costs.
3.1.10 Notifications (term: notifications): the user is notified if other users, for instance, like or comment on the user’s activities or trips.
3.1.11 RISER offers its users so called „Live weather“: The user has the possibility to see the weather forecast with an eight hour forecast for the current location. RISER takes no liability for the correctness and completeness of this information and resulting damages.
3.1.12 The user also has to respect the terms of service from his cell phone provider (e.g. Apple iPhone).
3.1.13 Every user registered in 2016 will automatically get the PRO version of this app for free until 31.12.2016. The user’s account will be automatically converted to a basic account on 1.1.2017 without any costs for the user.
3.2 Online platform www.riserapp.com
3.3 The user confirms with the registration for RISER to agree to receive the RISER newsletter. With every newsletter, the user has the possibility to unsubscribe via an unsubscribe link at the bottom of the newsletter and will then no longer receive the newsletter.
4.1 In order to use the mobile application (iOS), a free registration via app is mandatory. RISER offers its members two different subscription plans:
4.1.1 a free of charge basic version (term: BASIC). With this free version of RISER the user can use all basic features for free.
4.1.2 a fee-based version, also called PRO version of the app. With this version the user gets extended functionality and more features.
4.2 Every user registering their accounts within 2016 will automatically get a free PRO version until the end of the year. This‘early user special will’automatically ends on 31st of December, 2016 and the users account will be changed to BASIC on 01st of January, 2017. There will be no additional costs for the user.
4.3 Only fully legally competent individuals are admitted for registration at RISER. Minors are only permitted for registration with a written approval by parental authority. This approval needs to be sent to email@example.com
4.4 Each user is only allowed to register for one single account. Formerly used accounts need to be deleted.
4.5 With the registration, the user confirms that he has read, understood and agreed to the RISER’s terms of service. The user commits himself to comply with these terms of service.
4.6 Currently, registering is only available for the mobile application for iOS (Apple iPhone). RISER offers its users two different ways to register for the platform:
4.6.1 Registration via application form. Information needed: Email address, password, last name and first name.
4.6.2 Registration via Facebook Connect. The user has to confirm that the data can be adopted by RISER to perform the registration.
4.7 The user has the possibility to complete or change his personal data.
4.8 RISER has no influence and no proof whether the data provided by the user corresponds with his/her true identity. RISER recommends its users to have a closer look at a user profile before interacting with a specific user e.g. accepting a friend request.
4.9 RISER claims the right to refuse or delete users without stating a reason. If an account is deleted - all the corresponding data will be deleted.
5 TERMS FOR PRO USERS
5.1 An upgrade to the PRO subscription plan requires a beforehand registration to RISER via mobile application. The user can choose from two different options:
5.1.1 Monthly subscription: the user pays monthly fees including possible taxes. The activation of the PRO membership happens after the user paid via one of the accepted payment methods and the payment has been confirmed. For more information go to www.riserapp.com/pro
5.1.2 Yearly subscription: the user has to pay the fee, including possible taxes, once a year. The PRO membership is activated after the user has paid via one of the accepted payment methods and the payment has been confirmed. For more information go to www.riserapp.com/pro
5.2 The payment of a PRO membership needs to be paid in advance, independent of the subscription-model, and begins with the confirmation of the payment.
5.3 If the payment cannot be confirmed due to e.g. insufficient account cover, the user has to bear any resulting costs.
5.4 After the expiry of a subscription period (monthly or yearly), it is renewed automatically for the same period length the user had originally subscribed for, in case the user has not cancelled the subscription within the current period.
5.4.1 The automatic renewal of the subscription follows the same conditions as the prior subscription.
5.5 The user has the possibility to cancel the PRO subscription plan at any time during the subscription. Already paid out payment will not be refunded by RISER. A cancelled subscription will then run until the expiry of the current period.
5.6 For users with a PRO subscription plan, unless otherwise agreed (5), the same terms of service as BASIC users.
6.1 The user commits to protect the login data from unauthorized access of third parties. The user her/himself is responsible for any kind of damage that is caused by unauthorized access.
6.2 The user commits to report abusive usage of the account immediately to firstname.lastname@example.org. In this case, RISER claims to have the right to block the affected account.
6.3 RISER claims the right to block or delete accounts that are suspicious of abusive usage.
7 CESSATION BY USER
7.1 Every user has the possibility to delete his account at any time (Internet connection required) via the mobile application. The deletion has to be confirmed once. A deletion is permanent and the data is not restorable.
7.2 RISER claims the right to block or delete user accounts due to gross violation of the RISER terms of service.
8 DUTIES AND RIGHTS OF THE USER
8.1 When registering, every user of the platform www.riserapp.com as well as of the mobile application commits her/himself to state the demanded information truthfully and moreover, protect the data from third parties. A dissemination of the data is not permitted.
8.2 Every user commits her/himself not to spread, store, transfer or send content which is either abusive, discriminative nor glorifying violence.
8.3 Every user commits her/himself to only post, store, transfer or spread data s/he is authorized of. That means that the user her/himself either is sole owner of the usage right or, if the user is not the owner of the usage rights of the content, guarantees RISER that all the necessary rights, licenses and consent have been collected. The responsibility lies solely in the hands of the user. Moreover, in the case of a violation against these usage or copy rights, the user obligates to hold RISER free and harmless.
8.4 The user commits her/himself not to store, copy or spread the content of third parties without their permission. This is explicitly only allowed with the allowing of the rights owner.
8.5 RISER assumes no liability for missing, lost or damaged data. The user her/himself is responsible for saving the data regularly.
8.6 The user commits her/himself to be careful with personal data. The decision with whom to share certain data is the exclusive decision of the user. RISER assumes no liability for subsequent possible damages/ violations.
8.7 In the case of violations of the user against the general terms and conditions, RISER has the right to enforce certain sanctions against the user. These sanctions may range from a warning to an exclusion from the RISER platform. In the case of exclusion, the user looses her/his right to register for RISER again.
8.8 The user alone is responsible for the self-created content. RISER does not take over supervision function.
8.9 RISER reserves the right, to delete content created by its users without necessarily stating a reason.
8.10 RISER does not take responsibility for the correctness of shared or published content, e.g. route information, descriptions, …
10 WARRANTY AND LIABILITY
10.1 RISER does not take any warranty concerning the permanent availableness and accuracy of the data.
10.2 The use of the platform www.riserapp.com as well as the mobile application can exclusively be carried out at the users own peril.
10.2.1 RISER assumes no liability concerning the accuracy or completeness of the data of registered users.
10.2.2 RISER assumes no liability for external links, advertisement (e.g. in the form of banner, advertorial and so forth) or external services and information from third parties.
10.2.3 RISER assumes no liability for damage on the smartphone because of its use while driving.
10.2.4 RISER assumes no liability for the users’used information from the platform www.riserapp.com as well as the mobile application. RISER does not guarantee the accuracy and completeness of uploaded route information (segment/ section) or recorded activities and trips. The user her/himself is responsible for her/his actions and commits her/himself to hold RISER harmless at any rate.
11 DISCLAIMER OF WARRANTY
11.1 RISER is only liable, if damage is caused by RISER deliberately or through gross negligence. Thereby, RISER is liable pursuant to the statutory provisions. In the case of slight negligence RISER is not liable towards companies and towards the users only with regard to injury of life, body and health.
11.2 The liability of RISER towards companies concerning secondary damage, financial losses, missed out profit, damage because of demands from third parties is excluded.
11.3 RISER assumes no liability for the accuracy and completeness of the shown information (e.g. route details, descriptions, photos and so forth) via the platform www.riserapp.com as well as the mobile application. The responsibility rests solely at the user. The user is solely liable for caused damage and commits her/himself to hold RISER harmless at any rate.
12 HOLD-HARMLESS AGREEMENT BY THE USER
12.1 The user holds RISER harmless of any claims through third parties caused by violating their rights by uploading, providing or publicizing content on the platform riserapp.com or the mobile application. The user bears all arising costs e.g. for legal defence for RISER or any lawsuit costs. The only exception: the infringement is not ascribed to culpable acting of the user.
12.2 The user is liable to inform RISER immediately, completely and truthfully in case of any claims through third parties. The user is also liable to deliver all required for validating claims and further for legal defence.
12.3 With exceptions, RISER and with RISER commercially connected companies are nor liable to damages emerging from the use of the platform riserapp.com and the mobile application and the provided information.
13 CHANGES OF THE GENERAL TERMS OF SERVICE
13.1 Because permanent developments of the functionalities of the services and information provided by RISER, RISER maintains the right to adapt the general terms of conditions if necessary. The respectively current version of the terms of condition is visible on the mobile application of RISER and at following link www.riserapp.com/terms.
13.2 Changes in the general terms of conditions will be communicated to the user as fast as possible. An announcement concerning the change of the general terms of conditions will happen via the E-mail address given at the registration. The current general terms of conditions are visible at www.riserapp.com/terms
13.2.1 In the case of a change the user has 30 days to accept them. This happens via a dialogue pop-up window, which the user can respond to with ‘accept’, or ‘deny’.
13.2.2 If the user does not accept the changes in the general terms of condition within 30 days, it is counted as an approval to the new general terms of condition.
13.2.3 If the user denies a change in the general terms of condition s/he loses the right to use the services and information provided by RISER.
14.1 All legal relationships and litigations between the user and RISER underlie Austrian rights exclusively. Place of fulfilment and exclusive place of jurisdiction for any legal affair is Vienna, Austria.
14.2 If some of these terms may be inoperative, the rest of the terms remain inviolated.
14.3 Only the German version of these terms of service are binding and contractual basis.
Last modified: 25.05.2016