Terms of service

Agreement and what to read first

BY CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS AND TO THE PRIVACY POLICY AT https://ridekin.app/privacy. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Please read sections 11 (Safety and emergency features), 12 (Assumption of risk), 14 (Disclaimer of warranties), 15 (Limitation of liability), and 16 (Indemnification) carefully. They limit our liability and allocate risk to you.

1. Critical safety notice - read first

Ridekin is a consumer social and informational application for motorcyclists. It includes features that share real-time presence and live location, coordinate group rides, enable messaging, and send an "SOS" or emergency-style alert to contacts or other users you select.

THE SERVICE IS NOT AN EMERGENCY SERVICE AND IS NOT A SUBSTITUTE FOR OFFICIAL EMERGENCY SERVICES (such as 112, 911, 999, or your local emergency number). The SOS, alert, and location features are convenience tools only. IN ANY EMERGENCY - including any accident, injury, medical event, breakdown in a dangerous place, crime, or threat to safety - YOU MUST CONTACT OFFICIAL EMERGENCY SERVICES DIRECTLY by phone or other reliable means. Do not rely on the Service to summon help, reach anyone, or save your life.

We do not monitor the Service for emergencies, and we have no duty to monitor, respond to, escalate, forward, or act on any SOS, alert, message, or location, and no duty to rescue, assist, or come to the aid of any User. We assume no duty of care to act. See section 11.

2. Eligibility and age

You must be at least 18 years old, or the age of majority and full legal capacity in your jurisdiction if higher, to create an account and use the Service. The Service is not directed to or intended for children, and we do not knowingly permit anyone under 18 to register or use the Service. By using the Service you represent and warrant that you meet this requirement, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under any applicable law. We may terminate accounts we believe are held by underage users.

3. The Service and licence

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the Service on devices you own or control, for your own personal, non-commercial use. We reserve all rights not expressly granted. We may add, change, suspend, or remove features at any time. We do not guarantee that any particular feature will remain available.

4. Accounts and security

To use most features you must create an account and provide accurate, current information. You are responsible for safeguarding your credentials and for all activity under your account. You must notify us promptly at support@ridekin.app of any unauthorised use or security breach. We are not liable for any loss arising from unauthorised use of your account that results from your failure to keep your credentials secure. We may refuse, reclaim, or remove a username at our discretion.

5. Your conduct and acceptable use

You agree not to, and not to permit or enable anyone else to:

- use the Service for any unlawful, harmful, fraudulent, infringing, or abusive purpose, or in violation of any applicable law (including traffic, road-safety, privacy, surveillance, and stalking laws);

- harass, stalk, track, threaten, defraud, impersonate, intimidate, or harm any person, or use location data or any other User's information to do so;

- access, collect, or use another person's location or personal data without their informed consent, or surveil any person;

- interfere with the app while operating a vehicle in a manner that is unsafe or unlawful (see section 13);

- post or transmit content that is illegal, defamatory, obscene, hateful, harassing, infringing, deceptive, or that depicts dangerous, reckless, or illegal riding;

- send spam, chain messages, or unsolicited commercial communications, or misuse the SOS or alert features (for example, false alarms);

- probe, scan, or test the vulnerability of the Service; bypass or attempt to bypass any access control, rate limit, or security measure; or access the Service by automated means (scraping, bots) except as we expressly permit;

- reverse engineer, decompile, or disassemble the Service, or attempt to derive source code, except to the extent this restriction is prohibited by applicable law;

- copy, modify, distribute, sell, lease, or create derivative works of the Service;

- introduce malware or any code intended to disrupt, damage, or gain unauthorised access to the Service or any system or data; or

- use the Service in a way that imposes an unreasonable load on our infrastructure or interferes with other Users.

We may investigate and take any action we consider appropriate for a suspected violation, including removing content, suspending or terminating accounts, and reporting to authorities. We are not obligated to monitor User conduct or content, but we may do so.

6. User content

"User Content" means anything you submit, post, share, transmit, or make available through the Service, including profile information, messages, ride data, routes, photos, and location data.

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, reproduce, modify (for formatting and display), transmit, display, and distribute your User Content solely as needed to operate, provide, secure, and improve the Service and as permitted by the Privacy Policy at https://ridekin.app/privacy. For any content you share with other Users (such as location, routes, or messages), you also grant those Users the rights inherent in your chosen sharing settings.

You represent and warrant that you own or have all rights necessary to your User Content and its use under these Terms, that it does not infringe or violate the rights of any third party or any law, and that any individuals depicted or referenced (including anyone whose location or image you share) have given any consent required by law.

We may, but are not obligated to, review, screen, remove, or disable User Content at our discretion, without notice, for any reason, including suspected violation of these Terms.

7. Intellectual property

The Service, including all software, text, graphics, logos, trademarks, designs, and other materials (other than User Content), is owned by or licensed to the Provider and is protected by intellectual-property and other laws. Except for the limited licence in section 3, nothing in these Terms transfers any right, title, or interest in the Service to you. "Ridekin" and our logos are our marks; you may not use them without our prior written permission.

8. Feedback

If you send us suggestions, ideas, or feedback, you grant us an unlimited, irrevocable, perpetual, royalty-free right to use it for any purpose without obligation or compensation to you.

9. Third-party services and content

The Service relies on and may link to or integrate third-party services, networks, and content, including device operating systems, app stores, push-notification gateways, mobile-network and internet carriers, and hosting and messaging providers. We do not control and are not responsible for third-party services, their availability, accuracy, or acts and omissions. Your use of them may be governed by their own terms and privacy policies. The delivery, timeliness, and accuracy of presence, location, alerts, SOS, and messages depend on these third parties and on your device, battery, GPS signal, and connectivity, none of which we control or guarantee. Map routing and map data are served from our own infrastructure and content-delivery network, not a third-party map provider.

10. Fees and purchases

10.1 Parts of the Service are free; others are paid ("Paid Features"). Paid Features currently include verification badges, promoted and featured placements, and Pro features (bought through the app stores), and marketplace and event-ticket payments (processed by Paddle). Prices and terms are shown at the point of purchase.

10.2 Store purchases. Purchases made in the apps are processed by the Apple App Store or Google Play and charged to your store account. Some purchases are one-time and grant an entitlement for a stated period; where a purchase is an auto-renewing subscription, it renews at the end of each billing period at the then-current price unless you cancel at least 24 hours before the period ends, and you can manage or cancel it at any time in your store account settings. Uninstalling the app does not cancel a subscription. Refunds for store purchases are handled by the store under its own policy; your statutory consumer rights are unaffected.

10.3 Marketplace and ticket payments. Payments for marketplace transactions and event tickets are processed by Paddle as the merchant of record: Paddle is the seller of record for the payment, processes your payment details under its own terms and privacy policy, and issues invoices and refunds for those transactions. We receive transaction identifiers and amounts, never your card details. Any platform fee is included in the price shown at checkout.

10.4 Entitlements take effect once the payment is verified. If a payment cannot be verified or is reversed, we may suspend or revoke the associated Paid Feature or ticket. Where applicable law gives consumers withdrawal or refund rights, those rights are not affected by this section.

10.5 Prices may change prospectively; the current price is always shown before you buy.

11. Safety and emergency features - no guarantee and no duty

This section applies to the SOS, emergency alert, presence, live-location-sharing, ride-coordination, and messaging features, and supplements section 1.

- Not an emergency service. The features are not, and must not be relied on as, a 112/911/999 or other official emergency, rescue, medical, security, or roadside-assistance service. They do not contact emergency authorities on your behalf.

- Contact official services directly. In any emergency you must contact official emergency services yourself. Do not delay doing so in order to use, or in reliance on, the Service.

- No guarantee of delivery or accuracy. We do not guarantee that any SOS, alert, presence update, location update, or message will be transmitted, delivered, received, read, accurate, complete, current, or timely, or that any recipient will see, understand, or act on it. Location data may be inaccurate, delayed, stale, or unavailable. Delivery depends on factors outside our control, including your and recipients' devices, battery levels, GPS signal, app and notification permissions, network and carrier conditions, third-party services, and the recipients themselves.

- No duty to monitor or respond. We do not monitor the Service for emergencies. We have no obligation to monitor, receive, review, forward, escalate, respond to, or act on any SOS, alert, message, or location, and no obligation to rescue, assist, dispatch help, or notify anyone. We assume no duty of care to act and disclaim any such duty to the fullest extent permitted by law.

- Recipients are not our agents. Contacts or other Users who may receive your alerts or location are not our agents and are under no obligation, contractual or otherwise, to respond. We are not responsible for their acts or omissions.

12. Assumption of risk

You acknowledge and agree that, to the fullest extent permitted by law, you assume all risks associated with using the Service, including:

- Riding and group rides. Motorcycling and participating in rides, meetups, and group rides organised, coordinated, or discovered through the Service carry inherent and serious risks, including accident, injury, disability, and death. You are solely responsible for assessing conditions, your ability, your vehicle, and your safety.

- Meeting other people. Other Users are not vetted, screened, identity-verified, or endorsed by us. Meeting, riding with, or otherwise interacting with people arranged or discovered through the Service carries risks, including crime, fraud, assault, harassment, stalking, and other harm. You are responsible for your own safety when interacting with others.

- Sharing your location. Sharing real-time or historical location exposes your whereabouts and movements to the audience you select and to the risks of that exposure, including being tracked, stalked, located, or targeted. You alone choose with whom you share, for how long, and at what precision; you are solely responsible for those choices and for any consequences of mis-sharing, over-sharing, or sharing with someone who misuses the information.

To the fullest extent permitted by law, we are not liable for any accident, injury, death, crime, harassment, stalking, loss of or damage to property, or any other harm arising from riding, meetups, interactions with other people, or location sharing, whether or not facilitated by the Service.

13. Safe and lawful operation of your vehicle

You are solely responsible for the safe and lawful operation of your motorcycle or other vehicle at all times. You must comply with all traffic and road-safety laws and must not view, operate, or otherwise interact with the Service while riding or driving in any manner that is unsafe, distracting, or unlawful. Configure the app and your device before you ride. We are not responsible for any consequence of your interacting with the Service while operating a vehicle.

14. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We disclaim all warranties, conditions, and representations, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the above, we do not warrant that the Service will be uninterrupted, secure, error-free, or available at any particular time or place; that defects will be corrected; that it will be free of harmful components; or that any data, location, presence, alert, SOS, or message will be accurate, complete, current, delivered, received, or timely.

Some jurisdictions do not allow the exclusion of certain warranties or of implied terms applicable to consumers. To the extent such law applies to you, some of the above exclusions may not apply, and you may have rights or guarantees that cannot be excluded. Nothing in these Terms excludes or limits any warranty, guarantee, or right that cannot lawfully be excluded or limited. See section 19.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) No indirect or consequential loss. We (and the Provider personally) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, use, or opportunity, or for any business interruption, however caused and under any theory of liability (contract, tort including negligence, strict liability, statute, or otherwise), even if advised of the possibility of such damages.

(b) No liability for safety, location, and emergency outcomes. Without limiting (a), and to the fullest extent permitted by law, we are not liable for any loss arising from or related to: any failure, delay, inaccuracy, or non-delivery of an SOS, alert, presence, location, or message; any failure of anyone to receive, see, or act on the foregoing; any accident, injury, death, crime, harassment, stalking, or property loss connected with riding, meetups, interactions with other people, or location sharing; or any reliance on the Service in an emergency.

(c) Liability cap. Our (and the Provider's) total aggregate liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (i) the total amounts you actually paid us for the Service in the twelve (12) months before the event giving rise to the claim, and (ii) one hundred euros (EUR 100) (or USD equivalent). Because the Service may be provided free of charge, you acknowledge that this cap may be a nominal sum.

(d) Mandatory-law carve-out. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection and data-protection laws of your country of residence (see section 19). Where applicable law does not allow some or all of the above exclusions or limitations, they apply to you only to the maximum extent permitted, and our liability is limited to the smallest amount the law allows.

(e) Basis of the bargain. The disclaimers and limitations in these Terms reflect a reasonable allocation of risk and are an essential basis of the bargain between you and the Provider, including because the Service may be provided free of charge.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Provider Dedik Serhii Vitaliiovych from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or of any law or any third-party right (including another person's privacy, data-protection, image, or location-privacy rights); (d) your interactions, meetups, or rides with other Users or third parties; (e) your sharing of, or failure to protect, location or other data; or (f) your reliance on the Service in an emergency or for safety. We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate. This section survives termination.

17. Suspension and termination

We may suspend, restrict, or terminate your access to the Service, or remove content, at any time, with or without cause and with or without notice, including if we believe you have violated these Terms, created risk or legal exposure, or misused the safety features. You may stop using the Service and delete your account at any time. Upon termination, the licence in section 3 ends and you must cease using the Service. Sections that by their nature should survive (including 6 to 9, 11 to 16, and 18 to 22) survive termination. Where you are a consumer with mandatory rights, this section does not override those rights.

18. Changes to the Terms or the Service

We may modify these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by in-app notice, email, or by updating the effective date). Changes take effect when posted, or on the date stated. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service. We may also change, suspend, or discontinue the Service, in whole or in part, at any time.

19. Governing law and mandatory local protections

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Ukraine, without regard to conflict-of-laws rules, and the courts of Ukraine have jurisdiction, subject to the rest of this section.

Nothing in this section deprives you of the protection of mandatory provisions that you cannot be deprived of by agreement, and that apply under the law of your country of habitual residence. In particular, if you are a consumer resident in the European Union or EEA, or in the United Kingdom, you benefit from the mandatory consumer-protection and data-protection laws of your country of residence, those mandatory provisions prevail over this section where they conflict and cannot be waived, and you may also be able to bring proceedings in the courts of your country of residence. Likewise, nothing in these Terms excludes or limits liability or rights that cannot lawfully be excluded or limited (see sections 14 and 15(d)).

20. Dispute resolution

Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@ridekin.app and describe the dispute, and to attempt in good faith to resolve it informally for at least thirty (30) days. Many disputes can be resolved this way.

EU out-of-court dispute resolution. If we cannot resolve a dispute informally, consumers in the EU/EEA can find a competent out-of-court dispute-resolution (ADR) entity via their national list of certified bodies (see the European Commission's directory at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies). We are not obliged to, and do not commit to, participate in ADR before a consumer arbitration body; nothing in this section limits your mandatory rights.

Courts. Subject to section 19 and to any mandatory consumer-forum rights, disputes are subject to the courts identified in section 19. Nothing prevents either party from seeking injunctive or interim relief where available.

21. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, armed conflict, invasion, hostilities (whether war is declared or not), martial law, civil unrest, terrorism, government action or restriction, power or telecommunications failures, internet or network outages, failures of third-party services or carriers, labour disputes, pandemics, or epidemics.

22. General

- Entire agreement. These Terms and the Privacy Policy at https://ridekin.app/privacy, together with any terms presented for specific features, are the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.

- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.

- No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision.

- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, including to a successor or in connection with a transfer of the business, on notice to you; where you are a consumer, any assignment will not reduce your rights.

- Notices. We may give notices by in-app message, email to the address on your account, or by posting on https://ridekin.app. You may contact us at support@ridekin.app.

- Language. These Terms may be offered in more than one language; the English version controls in the event of any conflict. Ukrainian-language consumer information is provided where required by Ukrainian law.

- Relationship. Nothing in these Terms creates any partnership, agency, employment, or joint-venture relationship between you and us.

- App-store terms. If you obtained the app from a third-party app store, additional app-store terms may apply, and the app store is not a party to these Terms and has no obligation to provide support or to address any claim relating to the Service.

Apple-enabled applications. If you downloaded the app from the Apple App Store, the following additional terms apply and, in the event of a conflict, take precedence over any inconsistent terms in these Terms as they relate to your use of the app on an Apple-branded device:

- This licence agreement is concluded between you and the Provider only, and not with Apple Inc. or its subsidiaries ("Apple"). The Provider, not Apple, is solely responsible for the app and its content.

- The licence granted to you is limited to a non-transferable licence to use the app on any Apple-branded device that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, including the rule that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

- Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app. The Provider, not Apple, is solely responsible for any product warranties, whether express or implied by law.

- In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.

- The Provider, not Apple, is solely responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including: (i) product-liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection or similar legislation.

- In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual-property rights, the Provider, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any such claim.

- You represent and warrant that you are not located in a country subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country, and that you are not listed on any US government list of prohibited or restricted parties.

- You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data-service agreement).

- You and the Provider acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play. If you downloaded the app from Google Play, you acknowledge that Google Play, as the platform provider, has no obligation to provide support or maintenance for the app, is not a party to these Terms, and bears no responsibility or liability for the app or its content, and that Google Play's own terms of service govern your relationship with Google Play.

23. Contact

Questions about these Terms: Dedik Serhii Vitaliiovych, support@ridekin.app. For data-protection matters, including our EU representative (we have not appointed one in the EU/EEA or the UK under Article 27 GDPR / UK GDPR), see the Privacy Policy at https://ridekin.app/privacy.