Terms of Service

Last updated: April 7, 2022

Lingo Used Herein

Throughout this document, the terms “we”, “us”, “our”, and “application” refer to That Moto App (TMA), which is a product and service owned and operated by Advanced Safety Management Ltd.

The terms “you”, “user” and “organization” refer to people who choose to create one or more TMA accounts for their personal and/or business use.

The term “follow” refers to when one user chooses to follow another user and their shared online content. You may choose to follow other individuals, or organizations, and other individuals or organizations may choose to follow you.

The term “Moto Buddy” refers to when two Users or Organizations choose to follow each other.

Use Confirms Acceptance

Please read these Terms of Service carefully before accessing or using our application. By accessing or using any part of the application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any services.

General Terms

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve:

  1. transmissions over various networks; and
  2. changed to conform and adapt to technical requirements of connecting networks or devices.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

User and Organization Requirements

It is important to TMA that we create a safe community where both Users and Organizations can be held accountable. For this reason, you must:

  • Use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one User Account (your own); however, you may have additional Organization Accounts as needed.
  • Not share your password, give access to your TMA account(s) to others, or transfer your account to anyone else (without our permission).

You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). We will inform you in advance if we do this and will offer an explanation.

We try to make TMA broadly available to everyone, but you cannot use TMA if:

  • You are under 13 years old (or the minimum legal age in your country to use TMA).
  • We've previously disabled your account for violations of our Terms or Policies.
  • You are prohibited from receiving our products, services, or software under applicable laws.

Standards of Conduct

Introduction

We created TMA to gather like-minded moto-enthusiasts of all kinds. We’re all generally good people, but it’s still important to set some ground rules in the form of Standards of Conduct. If people don’t follow them, we can suspend or ban Users or Organizations. Furthermore, we can suspend or ban Users and Organizations for any other reason, stated or not.

Fundamentals

You must not use TMA to do or share anything:

  1. That is unlawful, misleading, immoral, discriminatory or fraudulent.
  2. That is obscene, abusive, insulting, hateful, slanderous, or potentially objectionable.
  3. That infringes or violates someone else's rights, including their intellectual property rights.
  4. That contains viruses or malicious code that may damage or alter either TMA or the devices of TMA Users or Organizations.

You must not access, collect, or track data or personal information from TMA using automated means or attempt to access data you do not have permission to access.

On Topic

TMA is an app made by moto-enthusiasts for moto-enthusiasts, so let’s focus on your garage, your rides and your gear. This is not the place to post content that is not directly related to the enjoyment of motos.

Spam-Free Zone

In some areas of TMA, your comments can be seen by all TMA users. These areas, such as the Blog, are carefully overseen by content ninjas who will delete anything that goes remotely off-topic. Anything unwanted or unsolicited is considered spam and may result in suspension or account termination.

Policing and Censorship

We encourage all TMA users to report content that you believe violates your rights (including intellectual property rights) or our Terms of Service.

TMA also can remove or restrict access to any content if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to TMA.

Sponsored Content

Display of Sponsored Content

By using TMA, you agree that we can show you sponsored content that we think will be relevant to you and your interests. We use your personal data to help determine which sponsored content to show you.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Advertisers can tell us things, like the kind of audience they would like to see their sponsored content, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content.

Displaying Your Actions, Without Compensation

You give us permission to use your name, profile picture, and linked information about actions you have taken on TMA next to or in connection with sponsored content that we display in TMA without any compensation to you.

Examples:

  • We may show your Moto Buddies that you have liked a Moto Event created by a brand that has paid to display its Event on TMA. This display of information is limited to Moto Buddies and is not shared with followers or the general TMA public.
  • You may choose to comment on a Sponsored Blog Post. Your name and limited TMA profile will be visible to all other users. Your comments, no matter how flattering, do not entitle you to any compensation.

Important Permissions You Give Us

We need certain permissions from you for us to operate a social network.

Use of Your Content

Some content you share or upload, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) to any such content that you create and share on TMA. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services, we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely to provide and improve TMA and the services that we provide.

Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with TMA, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). For example, if you share a photo on TMA, you give us permission to store, copy, and share it with others (again, consistent with your settings). This license will end when your content is deleted from our systems.

You can delete content individually or all at once by deleting your account.

When you delete content, it’s no longer visible to other users; however, it may continue to exist elsewhere on our systems where:

  • immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it).
  • others have used your content in accordance with this license, and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  • where immediate deletion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of TMA or our systems).
    • comply with a legal obligation, such as the preservation of evidence; or
    • comply with a request of a judicial or administrative authority, law enforcement or a government agency.

The content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

Software Updates

If you download or use our software, you give us permission to download and install updates to the software.

User Comments, Feedback and Other Submissions

We always appreciate your feedback and other suggestions about our products and services. You should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

Account Suspension or Termination

We want TMA to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that you have clearly, seriously, or repeatedly breached our Terms or Policies, particularly our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe on other people’s intellectual property rights, or where we are required to do so for legal reasons.

Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this application may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, we do not guarantee and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully to make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Accuracy, Completeness and Timeliness of Information

We are not responsible if the information made available on this application is not accurate, complete or current. The material on this application is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material in this application is at your own risk.

This application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this application at any time, but we have no obligation to update any information on our application. You agree that it is your responsibility to monitor changes to our application.

Changes to the Service and Prices

Prices for our application are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Content Sponsors

Organizations that choose to Sponsor Content will not be given access or have access to any identifiable information for TMA Users or Organizations who choose to look at, watch, read, share, or otherwise interact with their sponsored content. They will, however, have easy access to both publicly available statistics related to their sponsored content, as well as aggregate data that pools the results of their sponsored content activities over time.

All sponsored content is submitted to TMA for approval before posting and cannot be edited without our assistance. Content Sponsors can, however, unpublish their sponsored content at any time and without TMA assistance.

Online Store & Physical Products

Certain products may be available exclusively online through TMA. These products may have limited quantities.

We have made every effort to display the colours and images of the products that appear in the store as accurately as possible. We cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right, but are not obligated to, limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time.

Marketing on Behalf of TMA

Introduction

All TMA Users and Organizations are encouraged to invite their friends, family, colleagues, and the public to join TMA. When people join TMA, they are required to enter an Access Code. If they enter your Access Code, as seen inside your TMA account, TMA will revenue share with you on a monthly basis for any months that these referred Users and Organizations choose to be a paying PRO subscriber.

Once a person successfully joins TMA, their Access Code cannot be changed, and they cannot open a different account with the same credentials (Email Address, Facebook Account, Google Accounts, etc.)

Revenue Sharing Details

TMA shares 10% of the Subscription Revenue generated from direct referrals with the User or Organization holding the corresponding Access Code. TMA offers additional indirect referral revenue sharing opportunities with people who refer ten (10) or more PRO subscribers. The details of this program can be found inside TMA.

Spending Credits

Funds collect inside TMA in the form of TMA Credits, whereby each credit represents $0.10. In other words, each dollar earned equals 10 TMA Credits. TMA Credits can be spent in the TMA Store, at Affiliate Locations, or funds can be sent via e-transfer to your bank, provided that they amount to $100 (1,000 TMA Credits) or more. A small transaction fee applies to all e-transfers. Details can be found inside TMA.

Forfeiture of TMA Credits

You forfeit any TMA Credits in your account if:

  1. you delete your account,
  2. we ban you from using TMA for a breach of our Terms of Service, or
  3. your free account has not been accessed for 12 months or more, and our email attempts to reach you and encourage you to log in are unsuccessful.

Disclaimer of Warranties; Limitation of Liability

TMA is provided "as is" and “as available.” We make no guarantees that it will always be safe, secure, or error-free or that TMA will function without disruptions, delays, or imperfections. Furthermore, the products and services delivered to you through the application are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with TMA. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of, or related to, these Terms or the TMA products or services, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless TMA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Transferability

These Terms do not confer any third-party beneficiary rights. All our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our application.

Entire Agreement

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms make up the entire agreement between you and TMA regarding your use of the Service. They supersede any prior agreements.

Disputes

We try to provide clear rules so that we can limit, or hopefully avoid disputes between you and us. However, if a dispute does arise, it's helpful to know up front where it can be resolved and what laws will apply.

You agree that any issue or dispute arising out of, or in connection with your use of our application, intellectual property, the Terms of Service, or any matter concerning TMA shall be governed by the laws of British Columbia, Canada. You agree that any such issue or dispute shall be brought exclusively in the provincial courts of British Columbia, Canada.

If any provision of the Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

TMA reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. TMA also reserves the right to edit, refuse to post or remove any information or materials, in whole or in part, at our sole discretion.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We are always working to improve our services and develop new features to make TMA better for everyone. As a result, we reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. We will notify you (for example, by email or through TMA) before we make changes to these Terms so you can review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use TMA. It is your responsibility to check TMA periodically for changes.

Your continued use of, or access to TMA following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to our updated Terms and no longer want to be a part of the TMA community, you can delete your account at any time.

Contact Information

Questions about the Terms of Service should be sent to us at info@thatmotoapp.com.