Terms of Use (End User License Agreement)

These Terms of Use (the "Agreement") form a binding contract between you ("you," "your," the "User") and TheWheelsApp ("WHEELS," "we," "our," or "us") governing your installation and use of the WHEELS mobile application, our website at thewheelsapp.com, and any related services we provide (collectively, the "Service").

By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by this Agreement and by our Privacy Policy. If you do not agree, do not use the Service.

This Agreement is entered into solely between you and WHEELS. Apple Inc. ("Apple") is not a party to this Agreement and is not responsible for the Service or its content.

Subject to your continued compliance with this Agreement, WHEELS grants you a limited, non-transferable, non-exclusive, revocable license to install and use the WHEELS mobile application solely on Apple-branded devices that you own or control, and as permitted by the App Store Terms of Service. You may use the Service only for your personal, non-commercial purposes unless otherwise expressly permitted in writing by us.

You may not: (a) rent, lease, lend, sell, redistribute, or sublicense the Service; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part of it, except to the extent such restrictions are prohibited by applicable law; (c) remove or alter any proprietary notices; or (d) use the Service in any manner that violates applicable law or infringes the rights of any third party.

WHEELS offers paid auto-renewing subscriptions purchased through the iOS App Store (or, where supported, through other payment channels we may offer such as our website). The pricing, length, and content of each subscription is shown to you on the in-app purchase screen before you confirm the purchase.

• Payment. Payment for App Store purchases is charged to your iTunes / Apple ID account at confirmation of purchase.
• Auto-Renewal. Your subscription automatically renews at the same price and for the same period (monthly or yearly, as you selected) unless you turn off auto-renew at least 24 hours before the end of the current period.
• Renewal Charge. Your account is charged for renewal within 24 hours prior to the end of the current period, at the then-current price displayed to you in the App Store.
• Managing or Cancelling. You can manage or cancel your subscription at any time after purchase from your Apple ID account settings: open the Settings app on your device, tap your name at the top, then tap Subscriptions. You may also tap Manage in App Store from inside the WHEELS app on the Account screen.
• No Refund for Partial Periods. No refund is provided for the unused portion of any subscription period after cancellation, except where required by applicable law. Refund requests for App Store purchases are handled exclusively by Apple.
• Free Trials and Introductory Offers. If a free trial or introductory offer is presented on the purchase screen, the terms shown there apply. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Price Changes. Apple may notify you of subscription price changes in advance and provide an opportunity to consent before any new price takes effect.

Plan tiers currently offered:

• Rider - Single rider. Live ride telemetry sync, full ride history, weather, route directions.
• Team - Everything in Rider, plus shared team maps and multi-rider live status pings.
• Club - Everything in Team, plus larger team capacity and premium club features.

WHEELS is solely responsible for providing any maintenance and support services for the Service, as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

You may contact us for support at officialwheelsapp@gmail.com.

The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment. WHEELS does not warrant that the Service will be uninterrupted, error-free, or that defects will be corrected.

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

To the fullest extent permitted by law, in no event shall WHEELS or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. WHEELS's total cumulative liability to you for any and all claims shall not exceed the amounts paid by you to WHEELS in the twelve (12) months preceding the event giving rise to the claim.

Important safety notice. WHEELS displays speed, lean angle, GPS, and other ride telemetry for informational purposes only. You are solely responsible for operating your motorcycle safely and lawfully at all times. Do not interact with the Service while operating a vehicle in a manner that is unsafe or unlawful.

WHEELS, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service's use of the HealthKit and HomeKit frameworks (if applicable).

In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, WHEELS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You agree not to use the Service to:

• Violate any law or the rights of any person or entity.
• Upload, transmit, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to any portion of the Service, our systems, other users' accounts, or any related systems or networks.
• Interfere with, disrupt, or place an unreasonable load on the Service or its infrastructure.
• Use any automated means to scrape, harvest, or collect data from the Service.

We may suspend or terminate your account at any time for any violation of this Agreement, fraudulent or unlawful conduct, or to protect the integrity of the Service. You may also terminate your account at any time by deleting it from within the WHEELS app (Account screen -> Delete My Account) or by contacting support. Termination does not entitle you to a refund for any unused portion of a paid subscription period.

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

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign laws related to your use of the Service, including without limitation U.S. export control laws.

This Agreement is governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If any provision of this Agreement is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

We may update this Agreement from time to time. The most current version will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes take effect constitutes your acceptance of the revised Agreement.

Questions about this Agreement, your account, or our subscriptions? Reach us at officialwheelsapp@gmail.com.