MotoSidekick Terms of Service

1. Agreement to these Terms

The short version (not a substitute for the full Terms): MotoSidekick is AI. It gives general, informational guidance about motorcycles and powersports vehicles, and it can be wrong. You decide what work to do, what parts to buy and whether it is safe to ride, and you accept those risks. Our liability is very limited. Disputes are resolved by individual arbitration, not class actions or jury trials.

These Terms of Service ("Terms") are a binding agreement between you and MotoSidekick LLC ("MotoSidekick," "we," "us"). They govern your use of our websites, including motosidekick.com, our mobile apps, our AI assistant, Service Writer, the marketplace, community features, expert video sessions and any related services (together, the "Services").

By creating an account, clicking "Continue," signing in with Google, Apple or another provider, or using the Services, you agree to these Terms and our Privacy Policy (motosidekick.com/privacy). If you do not agree, do not use the Services.

If you use the Services for a business, such as a repair shop, you also agree to the Service Writer Business Terms, and you confirm you are authorized to bind that business. "You" then includes the business.

PLEASE READ SECTION 11 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS. SECTIONS 4, 9 AND 10 LIMIT OUR LIABILITY AND REQUIRE YOU TO ACCEPT THE RISKS OF MOTORCYCLE REPAIR AND RIDING.

2. Eligibility and accounts

You must be at least 18 years old, or the age of majority where you live if higher, and able to form a binding contract. The Services are not for children.

You must give accurate information and keep your sign-in credentials secure. You are responsible for everything that happens under your account, including activity by anyone you let use it. Tell us promptly at support@motosidekick.com if you think your account has been compromised.

You may not create an account if we have previously banned you, or use the Services where prohibited by law.

3. What MotoSidekick is, and is not

MotoSidekick is an AI tool. Diagnoses, repair steps, specifications, torque values, part suggestions, fitment information, labor estimates, quotes and other responses ("Outputs") are generated automatically, in whole or part, by artificial intelligence.

Outputs are general information only. They are not professional mechanical, engineering or safety advice, and not an inspection, certification or guarantee of any vehicle, repair or part. Using the Services does not create a mechanic-customer, professional or fiduciary relationship between you and MotoSidekick.

Outputs can be wrong. They may be inaccurate, incomplete, outdated or not right for your specific vehicle, even when they look detailed, confident or cite a service manual. Citations to manufacturer or third-party documents are provided for convenience. We do not guarantee that a citation is correct, current or applies to your vehicle, and we are not affiliated with or endorsed by any vehicle or parts manufacturer unless we say so.

We do not see your vehicle. Outputs depend on what you tell us. We cannot inspect, test or verify the condition of your vehicle, the quality of any work or the condition of any part.

Outputs are not a substitute for the manufacturer's service manual, a hands-on inspection or a qualified, licensed mechanic. Do not rely on Outputs as your only source for any decision affecting safety, your vehicle or your money.

4. Your responsibility and assumption of risk

Motorcycles are dangerous. Riding, maintaining, repairing and modifying motorcycles and powersports vehicles carries an inherent risk of property damage, serious personal injury and death. Errors in diagnosis, procedure, specification, parts or workmanship can cause vehicle damage, failure while riding, crashes, fire and injury to you and others.

You are solely responsible for:

• deciding whether to rely on any Output, and verifying it against the manufacturer's service manual, the part manufacturer's instructions and a qualified mechanic before acting on it
• confirming that any part fits and is correct for your exact vehicle (year, make, model, VIN and configuration) before buying or installing it
• having the skills, tools, workspace and protective equipment for any work, and doing it safely
• the quality of any work done by you or anyone you hire
• inspecting your vehicle and making sure it is safe and legal before riding
• complying with laws, including emissions, noise, equipment and inspection rules, and any warranty, lease or insurance terms that apply to your vehicle

Safety-critical systems. Have a qualified mechanic perform or inspect any work on brakes, steering, suspension, wheels, tires, throttle, fuel, electrical or lighting systems before you ride.

Assumption of risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICES AND ANY ACTION YOU TAKE OR DO NOT TAKE BASED ON AN OUTPUT, INCLUDING RISKS OF DAMAGE TO ANY VEHICLE OR PROPERTY, VOIDED WARRANTIES, LOST TIME OR MONEY, PERSONAL INJURY AND DEATH, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.

If you are unsure about anything, stop and consult a qualified mechanic.

5. Parts, fitment and sellers

Fitment is your call. Part suggestions, part numbers and fitment information are Outputs under Section 3. Before you buy, confirm the part number and fitment for your exact vehicle with the seller, the part manufacturer or a qualified mechanic. We are not responsible for parts that do not fit, do not work, fail or cause damage, including parts ordered in reliance on an Output.

Who you are buying from. Parts and products shown or linked through the Services are sold by the seller identified at checkout or on the product page, which may be a third party ("Seller"). Unless that page clearly names MotoSidekick as the seller, your purchase is a contract between you and the Seller, and the Seller's terms, warranty and return policy apply. Questions about shipping, returns, refunds, defects and warranty claims go to the Seller.

Third-party products. We do not manufacture any part and make no warranty about any part. Any warranty comes only from the manufacturer or Seller. Prices, availability and descriptions come from Sellers and may contain errors.

Links and affiliate relationships. We may earn a commission or other compensation when you buy through the Services. That does not make us the seller or guarantor of the product.

If MotoSidekick is the named seller, the product-specific terms, warranty and return policy shown at checkout apply, and Sections 9 and 10 still apply to the fullest extent permitted by law.

6. Experts, shops, marketplace and other third parties

Sidekick experts. Experts who offer video or chat sessions ("Sidekicks") are independent third parties, not our employees, agents or partners. We do not verify every Sidekick's qualifications or supervise their advice. Their guidance is treated the same as an Output under Sections 3 and 4, and we are not responsible for it.

Repair shops. Shops using Service Writer or listed in the Services are independent businesses. We do not perform or guarantee their work, prices or quotes. Your relationship with a shop is directly between you and that shop.

Marketplace and community. Listings, forum posts, reviews and other content from users are their own, not ours. We do not inspect or guarantee items listed for sale, and transactions between users are solely between them. Meet, inspect and pay safely.

Third-party services. The Services may link to or connect with services we do not control, such as payment processors, sign-in providers and parts sites. Their terms and privacy policies govern your use of them, and we are not responsible for them.

Release for third-party disputes. To the fullest extent permitted by law, you release MotoSidekick from claims arising out of disputes with Sidekicks, shops, Sellers, other users and other third parties. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other states waive similar laws.

7. Subscriptions, credits and payment

Automatic renewal. Paid plans renew automatically at the end of each billing period, at the price then in effect, until you cancel. We charge your payment method on file through our payment processor. You can cancel anytime in your account settings; cancellation takes effect at the end of the current billing period.

Price changes. We will give you at least 30 days' notice of a price increase for an existing subscription, and you can cancel before it applies.

Credits. Credits, top-ups and prepaid usage have no cash value, cannot be transferred and are not refundable except where required by law. We may set limits on usage, and unused credits may expire as stated at purchase.

Refunds. Fees are non-refundable except where required by law or where we say otherwise in writing. If we end your access for reasons other than your breach of these Terms, we may refund the unused portion of a prepaid subscription.

Taxes. Prices do not include taxes unless stated. You are responsible for applicable taxes.

Free plans and trials. We may change or end free plans, trials and promotions at any time. If a trial converts to a paid plan, we will tell you before the first charge.

8. Your content and acceptable use

Your content. You keep ownership of what you submit, such as questions, photos, videos, audio, vehicle details, listings and posts ("Your Content"). You give MotoSidekick a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable license to host, store, copy, process, analyze, modify, create derivative works from, display and use Your Content to provide, improve, train and develop the Services and related products, and to create de-identified or aggregated data, which we own. Our Privacy Policy explains how we handle personal information.

You are responsible for Your Content. You confirm you have the rights to submit it and that it does not violate law or anyone's rights. Do not submit other people's personal information without permission.

Feedback. If you send ideas or suggestions, we may use them without restriction or payment.

Our property. The Services, including our software, models, data, design and brand, belong to MotoSidekick and its licensors. We give you a limited, revocable, non-transferable license to use the Services for your own personal, non-commercial purposes, or for your shop's internal business purposes if you have a Service Writer account.

You may not:

• break the law, or use the Services to harm, harass, deceive or endanger anyone
• scrape, copy, resell or redistribute the Services or Outputs in bulk, or use them to build a competing product or train another AI model
• reverse engineer, probe or disrupt the Services, bypass safety features or usage limits, or access them by automated means without our permission
• present Outputs as human-generated, or as professional, certified or manufacturer-approved advice
• use the Services to plan illegal modifications, such as disabling emissions controls or safety systems
• impersonate anyone, or create multiple accounts to avoid limits or bans
• post unlawful, infringing, fraudulent or misleading listings or content

9. Disclaimer of warranties

THE SERVICES, OUTPUTS AND ALL CONTENT, PARTS INFORMATION AND THIRD-PARTY OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTOSIDEKICK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (THE "MOTOSIDEKICK PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT ANY OUTPUT IS CORRECT OR SAFE, THAT ANY PART WILL FIT OR WORK, THAT ANY REPAIR WILL SUCCEED, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOUR USE OF THE SERVICES AND OUTPUTS IS ENTIRELY AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

10. Limitation of liability, release and indemnity

No indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOTOSIDEKICK PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, OR COSTS OF SUBSTITUTE PARTS, REPAIRS OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

No liability for vehicle damage, wrong parts or injury. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOTOSIDEKICK PARTIES WILL NOT BE LIABLE FOR ANY DAMAGE TO ANY VEHICLE OR PROPERTY, PARTS THAT ARE INCORRECT, INCOMPATIBLE OR DEFECTIVE, FAILED OR FAULTY REPAIRS, VOIDED WARRANTIES, OR PERSONAL INJURY OR DEATH, ARISING FROM OR RELATED TO ANY OUTPUT, SIDEKICK ADVICE, PART, SELLER, SHOP OR YOUR RELIANCE ON THE SERVICES.

Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOTOSIDEKICK PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS, ON ANY THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE), IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

Release. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE MOTOSIDEKICK PARTIES FROM ALL CLAIMS, KNOWN AND UNKNOWN, ARISING FROM THE RISKS YOU ASSUMED IN SECTION 4, INCLUDING CLAIMS BASED ON OUR NEGLIGENCE.

These limits are part of the bargain. They apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct where the law prohibits it. Where the law does not allow a limitation in full, our liability is limited to the smallest amount permitted.

Indemnity. You will defend, indemnify and hold harmless the MotoSidekick Parties from all claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising from (a) your use of the Services or Outputs, (b) any repair, modification, purchase or ride connected to your use of the Services, including claims by passengers, other riders, buyers or other third parties, (c) Your Content, (d) your breach of these Terms or the law, or (e) your negligence or willful misconduct. We may control the defense of any claim, and you will cooperate. You may not settle a claim affecting us without our written consent.

11. Disputes: arbitration and class action waiver

Talk to us first. Before filing any claim, send a written notice describing it to support@motosidekick.com with "Legal Notice" in the subject line. We will try to resolve it informally for 60 days. Time limits are paused during that period.

Binding individual arbitration. If we cannot resolve it, you and MotoSidekick agree that any dispute arising out of or relating to these Terms or the Services, including personal injury and property damage claims and questions about the scope or enforceability of this section, will be resolved by final, binding arbitration administered by National Arbitration and Mediation (NAM) under its rules then in effect, rather than in court. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could, and the award may be entered in any court.

Exceptions. Either of us may bring an individual claim in small claims court, or seek an injunction in court to stop infringement or misuse of intellectual property.

NO CLASS ACTIONS OR JURY TRIALS. YOU AND MOTOSIDEKICK MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND MOTOSIDEKICK EACH WAIVE THE RIGHT TO A JURY TRIAL.

Mass filings. If 25 or more similar claims are filed by the same or coordinated counsel, they will be resolved in batches under NAM's mass-filing procedures.

Opt out. You can opt out of this arbitration agreement by emailing support@motosidekick.com within 30 days after you first agree to these Terms, with your name, account email and a clear statement that you are opting out. Opting out does not affect any other part of these Terms.

One-year limit. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM RELATING TO THE SERVICES MUST BE FILED WITHIN ONE YEAR AFTER IT AROSE, OR IT IS PERMANENTLY BARRED.

Governing law and courts. Delaware law governs these Terms, without regard to conflict-of-law rules. Any claim not subject to arbitration will be brought only in the state or federal courts located in Delaware, and both of us consent to their jurisdiction.

If part of this section fails. If the class action waiver is found unenforceable for a claim, that claim will proceed in court, not in arbitration, and the rest of this section still applies to all other claims.

12. General terms

Changes to these Terms. We may update these Terms. For material changes, we will notify you by email or in the Services at least 30 days before they take effect, and may ask you to accept them. Other changes take effect when posted. If you keep using the Services after changes take effect, you accept them; if you do not agree, stop using the Services.

Changes to the Services. We may add, change, suspend or discontinue any part of the Services at any time.

Suspension and termination. You may stop using the Services and close your account at any time. We may suspend or terminate your access, or remove content, at any time if we believe you breached these Terms, created risk or legal exposure for us or others, or as required by law. Sections 3 through 12 survive termination.

Entire agreement. These Terms, our Privacy Policy and any additional terms you accept (such as the Service Writer Business Terms or Sidekick Expert Terms) are the entire agreement between you and us about the Services.

Severability and waiver. If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. Our failure to enforce a provision is not a waiver.

Assignment. You may not transfer these Terms without our consent. We may assign them, including in a merger, acquisition or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Export and sanctions. You may not use the Services in violation of US export or sanctions laws.

Notices. We may send notices to your account email or through the Services. Send legal notices to MotoSidekick LLC at support@motosidekick.com, with "Legal Notice" in the subject line.

Contact. Questions about these Terms: support@motosidekick.com.