TERMS OF SERVICE

Last modified: 16.04.2018

1 GENERAL

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 like-minded 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 Terms of Service (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 Terms of Service.

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 www.riserapp.com and also for the mobile application (available for iOS & Android) and every subdomain of riserapp.com.

2.5 Changes of the Terms of Service are possible at any time. The current and compulsory Terms of Service can be found at www.riserapp.com/tos and during registration via mobile application or the web-platform (www.riserapp.com).

3 OBJECT OF AGREEMENT

3.1 Mobile application RISER for Apple iOS & Android and web-platform RISER (www.riserapp.com):

3.1.1 Currently the mobile application is available for iOS (Apple) and Android (Google) platform and all services can be used via this application and parts also on the web-platform www.riserapp.com.

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 user’s 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 (Apple iPhone, Google Android, Samsung etc).

3.1.13 With the getaway feature, the user has the possibility to create and organize common rides with friends or also unknown other users. A getaway equates a motorcycle ride (event). The creator of a getaway can set a duration (short spin, day trip or journey) and a driving style (cruising, dynamic or sporty) in order to give other users an idea about the planned ride. Further, the creator can add information like: Start and end time, meeting point, title and description and a preview image.
The creator/owner of a getaway has the possibility to invite other users to his/her getaway. Only the creator himself/herself is responsible for the content and the information provided in a getaway. The creator is required to follow the applicable laws of the respective area in which the getaway will take place. RISER takes no liability for the correctness & completeness of the provided information or any violation or subsequent damages. The responsibility lies at all time at the creator and the participating users. The user commits her/himself to hold RISER harmless at any rate.

3.1.14 The auto pause function automatically detects a possibly break and switches gps-tracking into pause. RISER is not responsible for incomplete tracking data of a user’s trip. The user has always the possibility to manually end a pause and and continue tracking again. RISER assumes no liability for subsequent possible damages/violations. The user commits her/himself to hold RISER harmless at any rate.

3.1.15 The RISER Adventure Navigator is based on different Algorithms and suggests the user routes by taking different criteria into consideration. Further the user has the possibility to get turn-by-turn navigation with real-time instructions und these suggested routes.
RISER assumes no liability for subsequent possible damages, violations or the completeness and correctness of the provided data or any violation or subsequent damages. The user commits her/himself to hold RISER harmless at any rate. The user itself is responsible for any taken action.

3.1.16 Offline Maps enable the user to download maps on the smartphone from user specified areas. These maps are used when there is no internet connection. RISER assumes no liability for the completeness or correctness of the provided information or subsequent damage. Further the user commits himself/herself to hold RISER harmless at any rate.

3.1.17 Live Tracking is a tool that allows the user to send his current location via a secret link to a web-based service. The user can send this link at his/her responsibility via different channels (SMS, WhatsApp, Facebook etc.) to other persons, groups or platforms (e.g. facebook). RISER assumes no liability for the correctness and completeness of the provided information. The user commits to hold RISER harmless at any rate.

3.1.18 reWind is tool that integrates your driven trips into an interactive 3D map and enables the user to relive his activities and share them with other persons, groups or platforms. With whom the user shares the created link, lies in his/her own responsibility. RISER assumes no liability for the correctness and completeness of the provided information. The user commits to hold RISER harmless at any rate.

3.2 Online platform www.riserapp.com

3.2.1 Product presentations, News, About (team), Partner, Advertisements (by RISER or third parties), Contact, Terms of Service (TOS) & Privacy Policy.

3.2.2 Also basic functionality of the mobile applications (e.g. Newsfeed, Profile, Roadbook etc.) is available on the web-platform.

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 REGISTRATION

4.1 In order to use the mobile application (iOS & Android) RISER, the user can register for free or enter the app via test-mode without registration. After the registration, the user is automatically in the free basic membership of RISER. With the registration or the use of the test-mode, the users commits himself/herself to comply to these terms of service and the RISER privacy policies (www.riserapp.com/privacy).

4.2 The registration to RISER is reserved to natural persons. A registration for commercial purpose/use (company profile) is restricted. RISER reserves the right to contact the owner of such a profile and to deactivate or delete the corresponding account.

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 registration@riserapp.com

4.4 The user has also the possibility to test a limited version on the mobile application when entering test-mode. The user can register for free at any time. Driven trips and data will then be transferred to his/her registered account. By entering test mode, the user confirms that he/she has read, understood and agreed to these terms of service. The user commits him/herself to comply to these terms of service.

4.5 In order to use all the basic functions of RISER in the mobile application (Android & iOS), a free of charge registration is mandatory. After the registration, the user is automatically subscribed to the free basic membership. Registered users have two different subscription options:

4.5.1 the free basic membership (Basic). With this membership, the user gets all the basic functions of RISER free of charge. As mentioned in 4.5, the user is automatically subscribed to this membership after the registration.

4.5.2 the fee-based PRO membership. With this membership, the user gets extended functionality and additional features within RISER. The user has to subscribe actively for this membership.

4.6 Each user is only allowed to register for one single account. Formerly used accounts need to be deleted.

4.7 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.

4.8 Currently, registering is available for the mobile application for iOS and Android. RISER offers its users two different ways to register for the platform:

4.8.1 Registration via application form within the mobile application or the web-platform. Information needed: Email address, password, last name and first name.

4.8.2 Registration via Facebook Connect. The user has to confirm that the data can be adopted by RISER to perform the registration.

4.9 The user has the possibility to complete or change his personal data.

4.10 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.

4.11 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 or the web-platform www.riserapp.com. The purchase of the PRO-membership is handled by the respective app store (Google Play for Android and Apple App Store for iOS) with its specific payment procedures. 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 app store (Google Play or Apple App Store) confirmed the successful payment.

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 app store (Google Play or Apple App Store) confirmed the successful payment.

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.

5.7 Buyers of the yearly membership have the opportunity to test the PRO-membership 14 days for free. The terms and payment procedures of the respective app store are applied.

6 ABUSE

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 abuse@riserapp.com. 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, discriminatory 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 copyrights, 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 etc.

9 PRIVACY POLICY

9.1 With the registration for RISER, the user confirms that he has fully read, understood and completely agrees with the privacy policy. The policy can be found at www.riserapp.com/privacy.

9.2 With the confirmation of the Terms of Services, the user also confirms changes in the privacy policy. Current privacy policies are accessible with the following link: www.riserapp.com/privacy.

9.3 Only the German version of the privacy policy is binding.

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 applications can exclusively be carried out at the user’s 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 user’s 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 constant further development of functionalities, services and information provided by RISER, RISER maintains the right to adapt the general terms of service (TOS) at any given time.

The respectively current version of the terms of service (TOS) is accessible through the mobile applications of RISER as well as via the following link: www.riserapp.com/terms.

13.2.1 With continuous use of the RISER website (www.riserapp.com) and all its subdomains or the mobile application, the user explicitly accepts the new/adapted terms of service and possibly adapted privacy policy. In case a user does not want to accept the adapted terms of service, the only remedy is to not use the services of RISER on the website and all its subdomains as well as the mobile application any longer.

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 (website, web-platform & mobile application).

14 MISCELLANEOUS

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 inviolate.

14.3 Only the German version of these terms of service are binding and contractual basis.

Last modified: 16.04.2018