GeoRide Terms of Use and Sales

Last modified: 2024-09-13

 

GeoRide Website, Services, and App Terms and Conditions

 

These Terms and Conditions apply to any order for, purchase of or other form of obtaining Devices and Services directly from georide.com; to your Account and the creation thereof; and to the use and/or access of all Devices, Services, App and the GeoRide.com website (“Website”).

By submitting any order for, purchasing or otherwise obtaining a Device, Service, or App, (ii) using, and/or accessing the Website, the Service, or App or (iii) creating an Account, you accept and are bound by these Terms and Conditions and any amendments and additions to them.

The list of definitions used in these Terms and Conditions can be found at the end of this document.

1. How to place an order.

GeoRide offers Devices and Services for sale on the Website.  Any order submitted is subject to acceptance by GeoRide. GeoRide reserves the right to reject any orders in whole or in part or to apply a maximum order amount. All orders for Devices or Services are subject to stock availability.

When you download a GeoRide App via a Reseller (such as through Apple or Google), additional terms and conditions from the Reseller may apply. Please read them carefully before proceeding.

2. Price and payment.

Prices indicated for Devices and/or Services on the Website do not include taxes. Standard shipping costs and handling charges (if any) may differ depending on the Device. You are responsible for any local sales taxes, other taxes, and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect orders for Devices or Services made prior to the date of the change.

In monthly GeoRide Subscriptions, price changes shall take effect at the start of the next subscription period after the date of the price change subject to giving you reasonable prior notice thereof (either via email, GeoRide Website, App or otherwise). You hereby agree to the new price by continue using the Services or the App after the price effective date stated in the notice. Subject to section 5.3.2, if you do not agree with the price change, you have the right to reject the change by cancelling your subscription BEFORE the price change takes effect in the new subscription period by following the process described in section 4.3.

All orders must be paid for through the payment service as made available by GeoRide. To submit orders and use the payment service, you must supply details of your preferred payment method, billing and shipping address (if applicable), and/or any other details necessary to complete the order.

GeoRide offers its Services through subscription plans that may include the use of a GeoRide Adapter (“Device”). The device is provided as part of your subscription and must be used in accordance with these Terms. Upon termination of your subscription, the device remains in your possession, and there is no requirement to return it. Please note that GeoRide Services are not offered exclusively through subscription plans, and devices may also be purchased separately.

3. Your rights to cancel orders.

For Devices or Subscriptions purchased via the Website, you have the right to return the purchase for a period of 30 days commencing on the date of delivery. GeoRide will refund the purchase price except for shipping charges. GeoRide will carry out such reimbursement using the same means of payment as you used for your initial transaction.

To initiate your return, you must inform GeoRide about your decision by contacting GeoRide Customer Support within 30 days of the delivery date by email via contact@georide.com to obtain an authorization number for the return of your order. Subsequently, you should without any delay return any Device you have received, free of all interests, liens, or claims otherwise, to the address provided to you by GeoRide Customer Support.

If you decide to return the Device to GeoRide, you will be liable for any diminished value of the Device resulting from any handling beyond what is necessary to establish the nature, characteristics, and functions of the Device. You may also be charged a 15% restocking fee.

You accept that GeoRide may charge you for any shipping or postage costs incurred directly associated with returning the Device.

For Services obtained from GeoRide you agree that the performance of Services by GeoRide will commence immediately – or at least as soon as possible – on GeoRide's acceptance of your order and that you relinquish your right to cancel upon performance.

In the case of a monthly subscription, activation fees are non-refundable once the service has started.

For App, obtained via GeoRide or a Reseller you agree that the performance of the App obtained by you will commence immediately – or at least as soon as possible – after you have downloaded the App and that you relinquish your cancelation right upon performance.

4. Your account.

You are required to create a GeoRide Account to purchase a Device and Service, to access or use a Service, App, and/or User Contributed Data, or for managing your User Data and/or User Contributed Data. 

 

4.1 Use of Account.

You agree to provide correct information about yourself when registering. Please keep your Account information up to date to and promptly change your Account information if any relevant changes occur.

Services, App, and User Contributed Data are intended solely for users who are eighteen (18) years of age or older. You represent and warrant that you are 18 or older. Do not create an Account as another individual, group, or entity without such party's consent, or sell or transfer your profile or Account.

You are responsible and liable for any activity that occurs on or via your Account. You are responsible for your own username and activities related thereto. GeoRide is not responsible for any loss that results from the unauthorized use of your Account, with or without your knowledge.

You must notify GeoRide immediately in the event you become aware of any access to or use of Services, App, User Data and/or User Contributed Data by third parties under your Account that you did not authorize or any other possible breach in security.

 

4.2 Subscriptions and renewals. 

The Service is offered on a subscription basis and provided according to and governed by the GeoRide Services Agreement, which is incorporated herein by reference.  

4.3 Termination of your Account and/or your subscriptions.

You may terminate a Monthly Paid Subscription without giving any reason. The cancellation will take effect at the end of the billing period. Partial months are non-refundable or credited. For 12-month or 24-month subscriptions, cancellations are allowed; however, these subscriptions are non-refundable once payment has been made. You may terminate your subscriptions by logging into the GeoRide App using your account username and password, or by contacting GeoRide Customer Support for assistance.

GeoRide may also terminate your Account and/or Subscription for any reason. After termination of your Account, you will not have access to any data including your User Data. It is your own responsibility to remove any User Data that you wish to keep before the termination is complete.

5. Your usage of the GeoRide App.

The license under which GeoRide gives you permission to access and use GeoRide App is governed by the GeoRide Mobile App End User License Agreement (“EULA”), which is incorporated herein in its entirety. GeoRide grants you permission to access and use the App obtained directly via a Reseller in accordance with the EULA. 

6. User Data and User Contributed Data

GeoRide grants you permission to (i) upload, use and modify User Data, and (ii) upload and use User Contributed Data, all in accordance with these Terms and Conditions.

By uploading any User Data, you will retain all rights you may have therein.

By uploading your User Contributed Data, you retain all rights you may have therein but you hereby grant GeoRide a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, upload, modify, distribute, sublicense, reverse engineer, decompile. or disassemble and display such User Contributed Data or links thereto in any form and through any media.

If you believe that your work has been improperly copied and posted on Services, App, or the Website, such that it constitutes infringement, please provide us with the following information pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)): (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Services, App, or the Website the infringing material is located based on your claim; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give GeoRide legally sufficient notice of the infringement. Send copyright infringement complaints to: contact@georide.com

With respect to User Contributed Data of other users, GeoRide grants you the right to use and modify and upload such User Contributed Data in accordance with these Terms and Conditions.

6.2 Ownership of User Data and User Contributed Data

Your User Data or User Contributed Data is owned by you. You affirm and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload the User Data and User Contributed Data and to grant GeoRide all the rights granted in these Terms and Conditions, including the right to grant other users of the Services, App, and the Website permission to use and modify and upload your User Contributed Data in accordance with these Terms and Conditions.

6.3 Restriction to alter Devices, Services and App

Other than as permitted by applicable law or regulation or as expressly permitted through any technology or means made available by GeoRide through the Device, Services, and App, you will not, and will not allow any person to alter, distort, or modify the Devices, Services, and App or any part thereof (either obtained directly via GeoRide or via a Reseller), to analyze it by means of reverse engineering, to decompile or disassemble the Devices, Services, and App, to make other Devices derived from it, or to break or circumvent encryption or to allow or enable third parties to do so.

6.4 Acceptable Use Policy.  

The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Devices, Services, and App to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is fraudulent, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, any act(s) that would constitute a criminal offense or give rise to civil liability, physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, rule, or regulation or obligations or restrictions imposed by any third party, including, without limitation, any confidentiality or non-disclosure agreement.

(b) In addition, you agree not to or use the Devices, Services, and App to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content through the Devices, Services, and App that may: (i) upload, transmit, or distribute to or through the Devices, Services, and App any computer viruses, worms, or any software, computer code, files, or programs intended to damage, interrupt, destroy, or otherwise alter a computer system, software, hardware or data; (ii) send through the Devices, Services, and App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use any robot, spider, scraper, or any other automatic or manual means to harvest, collect, gather or assemble information or data on the Devices, Services, and App (except as strictly set forth in (vii) below); (iv) disable, impair, disrupt, overburden or otherwise interfere with the Devices, Services, and App or any hardware, software, servers or networks connected to the Devices, Services, and App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Devices, Services, and App (or to other computer systems or networks connected to or used together with the Devices, Services, and App), whether through hacking, password mining, or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Devices, Services, and App; (vii) use software or automated agents or scripts to produce multiple accounts on the Devices, Services, and App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Devices, Services, and App; (vii) decompile, reverse engineer, disassemble, derive the source code of or decrypts the Devices, Services, and App or server hosting the Devices, Services, and App; (viii) manipulate or otherwise displays the Devices, Services, and App by using framing, mirroring or similar navigational technology or directly links to any portion of the Devices, Services, and App other than the main homepage; (ix) remove, obscure, or alters any proprietary notices (including any notice of copyright or trademark) of GEORIDE, Inc. or its affiliates, partners, suppliers or the licensors; (x) modifies, adapts, improves, enhances or makes any derivative work from the Devices, Services, and App; (xi) probes, scans, or tests the vulnerability of or breach the authentication measures of the Devices, Services, and App or any related networks or systems; (xii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; or (xiii) accesses systems, data or information not intended by us to be made accessible to you.

6.5 Enforcement.  

We reserve the right (but have no obligation) to review any User Content, monitor your use of the Website, Devices, Services, and App, and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person.  Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.

6.6 Feedback.  

If you provide GeoRide with any reviews, feedback, or suggestions regarding the Devices, Services, and App (“Feedback”), you hereby assign to GeoRide all rights in such Feedback and agree that GeoRide shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  GeoRide will treat any Feedback you provide to GeoRide as non-confidential and non-proprietary.  You agree that you will not submit to GeoRide any information or ideas that you consider to be confidential or proprietary.  You may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Feedback.  You represent and warrant that all Feedback that you submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements.

7. User Interaction Disclaimer.

You are solely responsible for your interactions with other people, whether online or in person. GeoRide is not responsible or liable for any loss or damage resulting from any interaction with other users, persons you meet through Services and App or persons who find you because of information posted on, by or through the Website, Services and App. You agree to take reasonable precautions in all interactions with other users on Services and App. GeoRide is under no obligation to monitor or resolve any dispute between users but may do so at its discretion.

8. GeoRide’s Communication Rights.

By creating an Account, you agree that GeoRide may communicate with you by electronic means and that certain information about your use of Services and App, User Data, and/or User Contributed Data may be shared with us.

9. Updates to terms.

GeoRide reserves the right, with or without notice, to limit, alter, update, upgrade and supplement Services, App and User Contributed Data provided to you or made available to you through the use of a Device, Services and App (either obtained directly via GeoRide or via a Reseller), unless the provision of such updates, upgrades or supplements forms an integral part of the Device, Services and App, as indicated by GeoRide at the time of sale.

GeoRide reserves the right to change the prices for Services, (either on single basis or subscription basis) and App, subject to giving you reasonable prior notice thereof. If such change will result in higher prices or otherwise works to your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your subscription prior to and against the date such change comes into effect as set forth in section 4.3.

10. Termination and restrictions.

Notwithstanding any other rights, GeoRide, at its sole discretion, reserves the right – free of any obligation to provide notice of default or liability to you or anyone else – to immediately terminate your Account and/or your subscriptions, delete any of your User Data and/or User Contributed Data, and restrict your use of all or any part of your Account, Services, and App if (i) you fail to comply with or breach any material term of these Terms and Conditions, or fail to make payment for the Services.

11. Limited warranty.

GeoRide offers a limited warranty that the Device will be free from defects in workmanship and materials under normal use for a period of one (1) year from the date the Device was purchased, or from the date of purchase until such date as you breach any of these Terms and Conditions, whichever is the shorter period. During this period, the Device will be – at the sole discretion of GeoRide – either repaired or replaced by GeoRide without charge for either parts or labor. This limited warranty is not transferable and applies by default to all GeoRide Devices.

For subscription plans that include the GeoRide Adapter (Device), the limited warranty remains in effect for as long as your subscription is active, covering the same terms and conditions of the warranty outlined here. If your subscription is no longer active, the warranty will revert to the one-year limited warranty from the original date of purchase. The warranty will not apply during periods where no active subscription is in place.

This limited warranty does not cover damage caused by normal wear and tear, or as a result of the Device being opened or repaired by someone not authorized by GeoRide, and does not cover damage caused by misuse, moisture, liquids, proximity or exposure to heat, accidents, abuse, non-compliance with the instructions supplied with the Device, neglect, or misapplication. The limited warranty does not cover physical damage to the surface of the Device either.

Furthermore, this limited warranty does not cover any Services, App, User Contributed Data, or Third-Party Material that may accompany or be installed on the Device or obtained by you from the Services, App, or the Website. The limited warranty does not cover the installation, removal, or maintenance of the Device or any costs related thereto.

GeoRide does not provide any commercial or other warranties for the Devices other than the limited warranty stated in these Terms and Conditions. This limited warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.

The provisions of this clause do not affect any of your legal rights under applicable mandatory national legislation, including but not limited to your legal guarantee of conformity for goods.

11.1 Warranty claim

In order to make a claim under the limited warranty, you must notify Customer Care about the defect and explain the defect to GeoRide by contacting GeoRide within the 1-year warranty period via email at contact@georide.com  win order to obtain an authorization number for the return of your order. You must provide valid proof of purchase to verify the 1-year warranty period. The Devices must be returned to GeoRide as soon as possible following your notification of the defect, along with an explanation of the defect and the authorization number provided to you by GeoRide. Return the Devices to the address provided by Customer Care when you receive an authorization number for the return of your order. You must comply with any other return procedures stipulated by GeoRide, if any.

  11.2 Services, App, User Contributed Data, or any Third-Party Materials are provided "as is" with no warranties of any kind.

To the fullest extent permitted by law, GeoRide does not make any warranties or representations - express or implied- regarding the purchase (either directly from GeoRide or from a Reseller), access and use of Services, App, User Contributed Data or any Third-Party Materials including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness, satisfactory quality, and suitability for a particular purpose (iv) reliability, defects, operation and availability (v) implied warranties of title and non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character.

You are aware that calculation errors may occur when using navigation systems or when using, uploading, or modifying, as applicable navigation systems such as those caused by local environmental conditions and/or incomplete or incorrect data.  GeoRide disclaims any warranty due to such conditions or data.

Third-Party Materials refer to any software, data, content, services, or components that are developed, provided, licensed, or otherwise made available by a third party and incorporated into or used in conjunction with GeoRide Devices, Services, or the GeoRide App. This may include, but is not limited to:

• Software (such as libraries, APIs, or other tools) integrated into the GeoRide App or Services.
• Data services (such as maps, weather data, GPS information, or any other real-time data).
• Hardware components included in the GeoRide Device (such as GPS modules, sensors, or communication modules).
• External services that users may interact with through the GeoRide App (such as third-party social media integrations or cloud services).
• Any other materials that are not developed directly by GeoRide but are necessary for the functionality of the Device, Services, or App.

These Third-Party Materials are provided “as is” and are subject to the respective terms and conditions of the third-party providers. GeoRide disclaims all warranties and liabilities related to these Third-Party Materials, including, but not limited to, warranties of performance, accuracy, reliability, security, and fitness for a particular purpose.

The provisions of this clause do not affect any of your legal rights under applicable mandatory State or Federal legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall nonetheless remain in full force and effect.

12. Limitation of liability and indemnification.

12.1 Limitation of liability

To the maximum extent permitted by applicable law neither GeoRide nor its suppliers, its subcontractors, its affiliates, officers, directors, employees, or agents shall be liable to you or to any third party for any damages, whether direct, special, incidental, indirect, or consequential (including but not limited to damages from the inability to use or access the Devices, a loss of data, loss of business, loss of profits, business interruption, etc.) arising out of or related to:

(a)  the use of, the inability to use or access, or otherwise the performance of a Device, Service, App, User Data, User Data, User Contributed Data, or Third-Party Material, even if GeoRide has been advised of the possibility of such damages; 

(b)  your conduct or that of other users (whether online or offline) or attendance at a GeoRide event or any User Contributed Data, even if GeoRide has been advised of the possibility of such damages. You assume total responsibility for your use of the Services, App, User Data, and User Contributed Data;

(c) any fraudulent misrepresentation on the part of users of Services, App, and/or User Contributed;

(d) any violation of these Terms and Conditions; and

(e) any law or the rights of any third party.

Furthermore, GeoRide does not endorse any User Contributed Data or any opinion, recommendation, or advice expressed therein, and GeoRide expressly disclaims any and all liability in connection with your access to and use of such User Contributed Data. In the event GeoRide chooses to monitor any User Contributed Data, GeoRide assumes no responsibility for, or any obligation to monitor or remove, such User Contributed Data.

If GeoRide is found to be liable to you for any damage that is in any way related to your (inability to) use and/or access to or the performance of a Devices, Services, App, User Data, User Contributed Data and/or any Third-Party Materials, GeoRide’s liability (i) for paid Devices, Services or App shall be limited to the amount actually paid by you for the Devices, Services or App in question.

The above limitation of liability only affects your rights under to the extent allowable pursuant to applicable mandatory legislation. 

12.2 Indemnification.

You agree to indemnify, defend, and hold harmless GeoRide, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of and/or your conduct in connection with Devices, Services, App, and/or your User Contributed Data and your conduct in connection with other users, or any violation of these Terms and Conditions, any law or the rights of any third party.

13. Adherence to terms and conditions of third-party materials in the Devices, Websites, Services, and Apps.

The Devices, Website, Services, and App may make use of Third-Party Materials which may be subject to other terms and conditions. 

You hereby agree that by submitting any order, you agree that you have read and accepted the terms and conditions for any Third-Party Materials included in with ordered Devices, Services, or App, if any.

Where GeoRide provides links and/or access to third-party websites and/or Third-Party Materials, it is solely as a convenience to you, and the inclusion of any link or access does not imply an endorsement by GeoRide of the third-party websites or Third-Party Materials. GeoRide is not responsible for Third-Party Materials or the content of any third-party websites, services, or functionalities, any links contained in third-party websites or services, or any changes or updates to third-party websites or services.

14. Force Majeure

Force majeure means circumstances not within GeoRide's reasonable control that impede the fulfillment of GeoRide's obligations under these Terms and Conditions, including late and/or delayed deliveries and incomplete deliveries by GeoRide, and temporary or partial unavailability of your Account, Services, Apps, User Data, and/or User Contributed Data caused by circumstances beyond GeoRide's reasonable control. In the event of force majeure, all of GeoRide's obligations shall be suspended. Should the period in which GeoRide cannot fulfill its obligations as a result of force majeure extend beyond ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing and GeoRide shall be entitled to dissolve the agreement for the Services or Apps with no obligation to pay any compensation whatsoever arising from or in connection with this dissolution.

15. Changes.

GeoRide reserves the right to make amendments or additions to these Terms and Conditions at any time. You can find the most recent version on the GeoRide Website, which we recommend you check regularly.

16. Entire agreement.

These Terms and Conditions (including any addendum or amendment to them included in the accompanying Device package) and any other terms and conditions, if applicable, constitute the entire agreement between you and GeoRide relating to the Devices (including support services, if any), Services, App, User Data and/or User Contributed Data, and they supersede all prior or present verbal or written communications, proposals and representations with respect to the software or any other subject matter covered by these Terms and Conditions. To the extent that the terms of any GeoRide policies or programs for support services conflict with the provisions of these Terms and Conditions, the provisions of these Terms and Conditions shall apply. If any provision of these Terms and Conditions is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.

17. Survival.

Any provisions in these Terms and Conditions by nature extend beyond the termination or expiration of any sale or license of your Account, Service, App, User Data, and User Contributed Data will remain in effect after termination of these Terms and Conditions.

This includes but is not limited to GeoRide’s license to use, upload, modify, distribute, sublicense, reverse engineer, decompile, or disassemble and display User Contributed Data generated by you.

18. Severability.

If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable, or illegal, the other provisions continue in full force and effect. In case of any such invalid provisions, GeoRide will present new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, with regard to their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived therefrom.

19. Governing law.

These Terms and Conditions and any disputes related thereto or to the purchase and use of the Devices, Services, App, User Data, User Contributed Data, etc. are subject to the laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded from application to these Terms and Conditions.

The courts of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions (including any non-contractual disputes or claims). This clause shall not affect your rights under mandatory local law, including the right, where applicable, to bring any dispute or claim arising out of or in connection with these Terms and Conditions in the courts of your home jurisdiction or in other courts which have jurisdiction to hear such disputes.