CFMOTO RIDESYNC APP - TERMS AND CONDITIONS

(3-28-2024)

        These Terms and Conditions together with our Privacy Policy govern your use of the CFMOTO RIDESYNC Application (the “App”) and your relationship with the owner of the App, CFMOTO Powersports, Inc. (“CFMOTO”) and its affiliates. You agree to be bound by these Terms and Conditions which describe functional areas of data collection and usage and our Privacy Policy which is incorporated herein by reference. Please read the following terms and conditions carefully before using the App.

  1. TERMS OF USE

When using the App, you represent that you understand and will comply with the following Terms of Use.

  1. Summary Of User Terms. CFMOTO hereby grants you the right to access and use the App and the content provided by CFMOTO, only if you accept the User Terms and agree to the following:
  1. You will not and will not allow any third party to copy, sell license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App, unless otherwise permitted;
  2. You will not and will not allow any third party to take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the App;
  3. You will not and will not allow any third party to remove, obscure, or alter CFMOTO ’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App.
  4. No license to any CFMOTO intellectual property has been granted to you through your use of the App.
  5. The text, images, audio files, animation files, video files, and any other content including customer input and their arrangement in the App are the property of CFMOTO and subject to copyright and other intellectual property protection.
  6. The CFMOTO name, model names and logo are registered trademarks. These trademarks and other CFMOTO banners, logos, service marks, design marks, and any other intellectual property belonging to CFMOTO and its affiliates (“CFMOTO  ’s Intellectual Property”). You will not modify, use download copy, transmit, or distribute CFMOTO  ’s Intellectual Property unless otherwise permitted.
  7. You will not use, copy or transmit, in whole or in part, any material for commercial purposes without the express prior written permission of CFMOTO.
  8. You will not use any data mining, robots, scraping or similar data gathering methods within the App.
  9. Nothing in these Terms and Conditions shall be interpreted as granting any license to you in connection with the APP, the CFMOTO Intellectual Property, or any other property within the control and ownership of CFMOTO.
  10. You will only use the App when it is safe to do so, and in compliance with the law and these User Terms; 
  11. If others use the App through your user account or Vehicle, you will ensure that they only use the App when it is safe to do so, and in compliance with the law and these User Terms; 
  12. We may suspend or discontinue your access to some or all of the App; 
  13. We may remotely access, deliver, install, update, or change the software used to deliver the App or used by your Vehicle systems without additional notice or consent; 
  14. You will notify us when you want to cancel your App or when you plan to sell or dispose of your Vehicle; 
  15. We have certain rights to use and share the information or materials you provide us, as defined in these User Terms; 
  16. If you access or use any third party products or services, the terms associated with those third party products or services will also apply, and you will not hold CFMOTO responsible for your access or use of those third party products or services; 
  17. The App is provided "AS IS" and is limited by matters outside our control. Unless expressly provided in these User Terms, we make no representations or warranties about the App or for their availability, and we are not liable for the use or any lack of availability of the App; 
  18. If a dispute arises, you will resolve it through individual arbitration. THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE APP, THESE TERMS OF USE OR THE PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
  1. Customer Access To The App. Access to the App is permitted at CFMOTO’s discretion. CFMOTO reserves the right to withdraw, amend, or restrict the service provided on the App without notice. Situations that could limit or reduce availability of the App include, but not limited to, inappropriate or unauthorized use. System maintenance, breach of terms and conditions, or termination account.
  2. Connected Devices. You understand that the download, operation and/or use of App may have an unintended or adverse effect on your connected device, any system or software operating in or with the connected device, and/or one or more other Apps, and may result in a modification or change to the connected device, or, any system or software operating in or with the connected device.  You understand and agree that the download, operation and use of the App is at your own risk and is your own responsibility, and that CFMOTO has no obligation to provide customer support for the App.
  3. No Reverse Engineering; Re-Distribution Or Security Circumvention. You agree not to reverse engineer, disassemble, use in a compilation, decompile, repurpose, distribute, resell or modify the App. You may not re-distribute the App to other people that do not use your connected device or vehicle. You agree to abide by and will not circumvent any security means or access control technology included in or with the App.
  4. Unauthorized Use. CFMOTO, in its sole discretion, may determine which uses of this App are improper and/or unauthorized. CFMOTO may take any appropriate action in response to unauthorized uses of this App including but not limited to blacking any use of this App. You agree not to use this App to:
  1. Make fraudulent statements or other misrepresentations;
  2. Access, copy, transfer, transcode or retransmit content in violation of any law or third party rights;
  3. Violate a legal duty to a third party;
  4. Transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. Intentionally violate any national or international statute, law, decree, rule and/or regulation;
  6. “stalk” or harass another person; or
  7. You agree not to use the App to transmit or send any information or data that you do not have the right to transmit or send.  You also agree that you will not use the App to transmit or send any information or data for any unlawful purpose or to harass any person, group, or business.   
  1. Content Disclaimer. The following statements apply:
  1. The information in this App is intended for U.S. customers only and is provided, AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INCLUDING, BUT NOT LIMITED, TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  
  2. IN NO EVENT SHALL CFMOTO BE LIABLE TO ANY PERSON FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO CFMOTO RIDESYNC APP.
  3. CFMOTO DOES NOT WARRANT THAT THE APP WILL CONTINUE TO OPERATE OR REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. 
  4. CFMOTO DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY THAT THE APP WILL OPERATE PROPERLY ON YOUR CONNECTED DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE APP.
  5. Any issues involving this App shall be governed by the laws of the United States of America, the state of Minnesota as may be applicable, and anybody using this App agrees that any arbitration or legal proceeding shall be instituted in Minnesota.
  6. CFMOTO may at any time change this information by updating this posting. Customers are bound by any such revisions and therefore should periodically visit this page to review the then current App information.
  7. While CFMOTO makes all reasonable efforts to provide accurate information in this App, there is no guarantee or warranty of accuracy. Furthermore, CFMOTO does not assume any liability for the accuracy or completeness of information presented in this App.
  8. Any rights not expressly granted herein are reserved.
  1. DATA DISCLAIMER. The App may use various types of data to perform functions for you.  YOU ACKNOWLEDGE THAT THE DATA PROVIDED MAY NOT BE ACCURATE AND YOU USE THE DATA AT YOUR OWN SOLE RISK.  DATA THAT MAY NOT BE RELIED ON INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: POSITION (I.E., LOCATION) DATA OBTAINED FROM THE VEHICLE OR OTHERWISE; DATA OBTAINED FROM A WEBSITE OR THIRD-PARTY SERVICE PROVIDER; AND DATA OBTAINED FROM IN-VEHICLE SYSTEMS.
  2. Data Collection And Use. These terms and conditions outline the types of information CFMOTO may collect through your use of the CFMOTO RIDESYNC App, how CFMOTO may collect, use, or share this information; steps CFMOTO takes to protect this information; and choices you are provided with respect to the use of this information. The CFMOTO RIDESYNC App is offered for Apple iOS and for Android. CFMOTO RIDESYNC App may connect to applications running in the vehicle, and integrate with devices such as Apple and Samsung watches, and Apple and Google assistants (integrated devices). CFMOTO provides the service to you and is responsible for related data processing activities.
  3. Information Collected. The CFMOTO RIDESYNC App is designed to be a highly personalized mobile resource. In order to provide the CFMOTO RIDESYNC App service and the personalized features and experiences, CFMOTO collects, stores, processes and in limited cases may share your personal data in compliance with applicable law. The App collects and processes the following data to provide the user’s personalized features:
  1. CFMOTO ID and Personal information. When registering for the App, you’ll be asked to provide a working email address or a working phone number that you have access to and a unique password. Together, these make up your CFMOTO ID and may also be used on the CFMOTO website and other CFMOTO services. By creating a CFMOTO ID, you’ll receive notifications within the App pertaining to your vehicle and the services CFMOTO provides to you. Additionally, by creating a CFMOTO ID, you are also agreeing to receive personalized communications with product or service offers from CFMOTO either pushed to the App or by email, direct mail, or phone. If you wish to be removed from these offer contact lists, you may call CFMOTO Customer Relations at (888) 823-6686 or visit the Settings page within the App. The following data categories are processed:
  1.  CFMOTO ID credentials, email address, phone, password;
  2. Customer contact data, last name, first name, address.  
  1. Vehicle Data. The following data categories are processed:
  1. User profile, preferences, language, app id
  2. User feedback, service rating, comment, problem description
  3. Position and movement data, time, position, speed
  4. Destination, position, street address, destination name, may be shared with an authorized CFMOTO service center in the event of a Roadside Assistance incident
  5. Travel time
  6. Historical events
  7. Contacts, name, address, phone number
  8.  Notifications, recipient, contact information
  9. Vehicle profile vehicle identification number; VIN
  10. CFMOTO retailer or service center, center preference
  11. Application analytics, click events, app launch events, is captured by our service provider for the purpose of analyzing app usage and performance.
  1. You have sole responsibility for backing up or archiving any data you use with the App to the extent you have the right to do so.  CFMOTO does not have any responsibility for maintaining, archiving, or providing any data You use with the App and shall have no liability for any loss of access to or use of such data.
  1. Data Collection. CFMOTO collects your data in the following conditions:
  1. The App is actively running on your mobile device either in the foreground or background
  2. You actively use the features of the App
  3. If you access the service via an integrated device, the service will collect anonymized usage analytics
  1. Changes to Settings. You can review and change your settings at any time in the App under your settings or any time in the App under the settings menu. Depending on the vehicle model, you can also access certain menu settings in your vehicle to change vehicle related settings.
  2. Do Not Use APP While Driving. DO NOT USE THE APP WHILE OPERATING A MOTOR VEHICLE. The App is intended to be launched while the user is not operating his or her motor vehicle. You agree to use the App responsibly and to avoid any interaction with mobile devices while driving a motor vehicle. Using a mobile device while driving can distract the driver and may cause loss of vehicle control resulting in an accident, serious injury or death.
  3. GPS And Estimated Time Of Arrival. The App uses GPS to estimate destination arrival times. Please note that continued use of GPS running at the background can dramatically decrease battery life. Standard data rates may apply, depending on your mobile service provider and plan. Times of arrival are intended as estimates only. A number of factors may impact actual arrival time, including traffic and weather. CFMOTO MAKES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY OR RELIABILITY OF THE ESTIMATED ARRIVAL TIMES.
  4. Data Charges.  The App requires utilization of wireless or cellular data access. You shall be independently responsible for securing the necessary data access service. The provider of such access to your mobile device may charge you data access fees in connection with use of the App. You are solely responsible for all such charges payable to third party.
  1. LIABILITY

Your use of the CFMOTO RIDESYNC App, or any app linked through this App, and any material available on this App is entirely at your own risk. In no event shall CFMOTO or its agents, affiliates, partners, or licensors (collectively, “Affiliates”) be liable for any direct, special, indirect, incidental, consequential or punitive damages, or any damages whatsoever, resulting from loss related to the use of the App or the content contained herein regardless of the type of claim or cause of action, even if CFMOTO has been advised of the possibility of such damages or loss. CFMOTO and Affiliates shall not be responsible for lost profits, revenues, or data, or financial losses associated with the use of this App or the materials contained herein. In the event only exclusion or limitation of liability is limited by law, such liability is limited to the fullest extent permitted by law.

  1. INDEMNITY

You agree to indemnity and hold harmless CFMOTO, its Affiliates, and their respective officers, directors, employers and agents, from any liability, damages, losses, penalties and costs of any kind (including reasonable attorneys’ fees) due to or arising out of your use of the App; your violation of these Terms and Conditions or the Privacy Policy; or your violation of any law or the rights of a third party.

  1. THIRD PARTY CONTENT
  1. Any link or function contained in this App which provides access to third party programs or content are provided for convenience only, CFMOTO does not express any opinion on or endorsement of the content of any such third party programs and expressly disclaims any liability for the quality, content, nature, or reliability of any such third-party resources and the information, products and services found thereon.
  1. COPYRIGHT AND TRADEMARK
  1. CFMOTO and its Affiliates own the copyright in all material and information contained on this App unless otherwise indicated. This App and all materials and information herein are for informational purposes only and are subject to all applicable U.S. and international copyright laws. Any reproduction, retransmission or other use is strictly prohibited. You must always acknowledge CFMOTO’s status (and that of any identified contributors) as the author of material on this App. You must not use any part of the materials on the App for commercial purposes without CFMOTO’s written permission.
  2. Any trademarks, logos, and service marks displayed in connection with the App are the registered and/or unregistered trademarks of CFMOTO, its affiliates or other third parties. Nothing contained in this Agreement or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any trademark or any variation thereof without the written permission of CFMOTO or the other owner thereof. Your use of CFMOTO trademarks is strictly prohibited. 
  3. Except as described above, none of the material contained in the App (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of CFMOTO.
  4. CFMOTO is licensed to use all intellectual property in the content of this App and reserves the right to pursue any intellectual property infringement in the courts of the country where CFMOTO suffers damage. No license is granted to you to use any trademark of CFMOTO or their Affiliates. You shall not assert any claim or ownership to any such trademarks.
  1. PRIVACY POLICY

To view the CFMOTO RIDESYNC App Privacy Policy, click here.

  1. GENERAL
  1. Compliance. The owner of the App is based in the United States. CFMOTO makes no representation that the App is appropriate or available for use in other locations. If you access the App from other locations, you are responsible for complying with local laws.  
  2. Void Where Prohibited. Although this App and its content may be accessible worldwide, any product or service offered herein is void where prohibited by law. Accessing the App from territories where its contents are illegal or unlawful is prohibited.
  3. Minors. The use of this App is not intended for children under the age of 16. Moreover, any minor under the age of 18 should seek their parent’s or guardian’s permission prior to use of this App.
  4. Changes to these Terms and Conditions. CFMOTO reserves the right to change these Terms and Conditions at any time. CFMOTO will notify you of changes by publishing the amended Terms and Conditions on this page and alert you of changes when you open the App. CFMOTO recommends that you review these Terms and Conditions regularly for any changes. Certain Terms and Conditions may be superseded by expressly designated legal notices or correspondence sent to you. Continued use of CFMOTO RIDESYNC App after notification of any change in the Terms and Conditions indicated your consent to such changes.
  5. Severability. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted. The remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable. No waiver by CFMOTO of an obligation arising under these Terms and Conditions shall constitute a waiver of any other breach.
  6. Waiver. No term or condition of this Agreement is waived and no breach is excused unless that waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of a breach by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach. 
  7. Applicable law. The state of Minnesota will have exclusive jurisdiction over any arbitration claim arising from, or related to, your use of the App, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions are governed by Minnesota.
  8. DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER. 

(A) The customer service department for CFMOTO is available to address any concerns you may have regarding the CFMOTO RIDESYNC App. You may call CFMOTO Customer Relations at (888) 823-6686, email to CFMOTORIDEAPP@cfmotousa.com, or send us regular mail at 5005 Nathan Ln N, Plymouth, MN 55442-3208. Most matters are quickly resolved in this manner to our customer's satisfaction. 

(B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A "CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SUB SECTION (E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR'S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. 

(C) ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS. 

(D) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT (800)-778-7879.

E) SUB-SECTIONS (B) THROUGH (D) ABOVE, DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.