End User License Agreement (EULA)

This End User License Agreement ("Agreement") is a legally binding contract entered into by and between you ("End User," "you," or "your") and RIDEART ("Company," "we," "us," or "our"), governing your access to and use of the RideArt mobile application, including any associated content, features, functionalities, and services offered through the App (collectively, the "App"). By downloading, installing, accessing, or using the App, you explicitly acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth in this Agreement. If you do not agree to all of these terms, you are expressly prohibited from using the App and must discontinue use immediately. The App is licensed, not sold, to you.

Subject to your strict and continuous compliance with the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download, install, and use the App for your personal, non-commercial use on a single mobile device that you own or otherwise lawfully control.
• Access and use the content and services made available through the App solely for your personal, non-commercial purposes.

This license does not grant you any rights of ownership in the App or any intellectual property rights of the Company. All rights not expressly granted to you herein are reserved by the Company.

To access and utilize certain advanced features or services within the App, you may be required to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration forms.
• Maintain the confidentiality of your account password and username and promptly notify us of any unauthorized use of your account.
• Be solely responsible for all activities that occur under your account, whether or not you authorized such activities.

The Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof) if any information provided is found to be inaccurate, not current, or incomplete. The Company is not liable for any loss or damage arising from your failure to comply with these security obligations.

The App, including all its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our App, except as expressly permitted by this Agreement.

The App allows users to create, upload, post, store, and share various forms of content, including but not limited to photographs, videos, audio recordings, descriptive text, comments, and other information ("User Content").

Ownership

You retain ownership of any and all intellectual property rights that you hold in your User Content.

License to Company

By submitting User Content to the App, you hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or in part) in connection with the operation, promotion, advertising, and improvement of the App and its services, and for any other purpose consistent with the Company's business. This license explicitly includes the right to use your name, likeness, image, voice, and biographical information (if applicable and provided by you) in connection with your User Content, without further notification to or consent from you, and without any obligation to pay you any compensation.

Representations and Warranties

You represent and warrant that you own or control all rights in and to your User Content and have the legal right, power, and authority to grant the license granted above. You further represent and warrant that your User Content does not and will not:

• Infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Violate any applicable federal, state, local, or international law or regulation.
• Contain any falsehoods or misrepresentations that could damage the Company or any third party.

Content Disclaimer and Monitoring

The Company expressly disclaims all responsibility and liability for User Content. The Company does not actively pre-screen or monitor User Content. However, the Company reserves the absolute right, at its sole discretion, to remove, edit, refuse to post, or block access to any User Content for any reason or no reason, without notice or liability to you. You acknowledge that by using the App, you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.

You agree not to use the App, or permit the App to be used by others, in any manner that:

• Violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Constitutes unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Introduces viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
• Engages in any conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
• Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity.
• Uses any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including for the "Shop" functionality (collectively, "Third-Party Materials").

You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.

The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionalities.

You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities. You acknowledge and agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

You acknowledge and agree that the Company will not provide any support, maintenance, or other services in connection with the App.

THE APP IS PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, OR ANY PROVISION OF THIS AGREEMENT, EVEN IF THE COMPANY OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) Your use or misuse of the App. (b) Your User Content. (c) Your breach of this Agreement. (d) Your violation of any rights of another person or entity. (e) Your violation of any applicable law or regulation. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim.

This Agreement is governed by and construed in accordance with the internal laws of the United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal or state courts located in [Specify City and State, e.g., San Francisco, California], and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

This Agreement is effective until terminated by either you or the Company. You may terminate this Agreement by deleting the App and all copies thereof from your device. The Company may terminate this Agreement at any time and for any reason, with or without notice, in its sole discretion.

Upon termination: (a) All rights granted to you under this Agreement will immediately cease. (b) You must cease all use of the App and delete all copies of the App from your device. (c) Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, and 16 shall survive termination.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

This Agreement constitutes the sole and entire agreement between you and the Company regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.