Terms of Service
Please read these Terms of Service carefully. By accessing, using or registering at the Motospot Application (including mobile applications and web version), as defined below, you will be bound by these Terms and any additional documents incorporated hereby by the reference. If you do not agree with these Terms please do not register or access the Motospot Application. We reserve the right at our sole discretion, to change, modify, add or remove portions of these Terms at any time.
1. Acceptance and Eligibility
TLDR: Upon using, accessing or registering at the Motospot website or mobile applications, downloading our mobile applications from App Store or Google Play (or any other mobile applications) you agree with these Terms. You should be at least 18 years old or obtained your legal guardian’s prior consent in order to use Motospot applications and the website. If you are under the age of 18 years old, please make sure that your legal guardians clearly explained to you what is written in these Terms.
a. This is a contract between you and New Solution LTD, a private company incorporated in the Republic of North Macedonia. References in these Terms to “Motospot”, “we”, “our” or “us”, are to New Solution LTD and references to “you”, “your or “user” are to the person with whom Motospot enters into these Terms. This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity, as may apply.
b. These Terms apply to your use and access to the Motospot Application and its related services. Upon accessing or registering at the Motospot Application, downloading mobile applications published or maintained by us, you agree to be legally bound by and to comply with these Terms, Privacy Policy and all additional terms, policies and agreements incorporated herein by reference and amended from time to time at our sole discretion.
c. You hereby acknowledge and agree that when you use the Motospot Application any third-party terms or agreements may apply to your use. For example, when you download our mobile applications, the terms and conditions of the respective mobile applications marketplaces (like, App Store or Google Play) may additionally apply to you.
d. If you are using the Motospot Application and/or our related services on behalf of a business, you represent to us that you are duly authorized to bind that business or entity to these Terms, Privacy Policy and all additional terms, policies and agreements incorporated herein by reference, and that such business accepts these Terms, Privacy Policy and all additional terms, policies and agreements incorporated herein by reference. You represent that the business entity is duly organised, validly existing and in good standing under the laws of its country of organisation. The business entity shall be fully liable for all activities conducted by its employees and contractors while using the Motospot Application.
e. You represent and warrant that you are of legal age to form a binding contract (at least 18 years old under the law of North Macedonia) or you obtained your legal guardian’s prior informed consent to use the Motospot Application and your legal guardian explained you in layman’s terms all the rules set in these Terms, Privacy Policy and applicable additional documents.
Some of the content available through the Motospot Application is not moderated by us and/or may contain strong language or material which may not be suitable for children. We will do our best to identify such Content and to give you as much guidance as possible for you to make an informed choice as to whether you wish to enable your child to view this Content, but we will not and cannot warrant that all Content will be suitably identified.
By accessing and continuing to use the Motospot Application and our related services, you accept responsibility for reviewing such guidance and information and, where you allow anyone under the age of 18 to access the Services, for ensuring that the Services are suitable for them.
f. Additionally, you represent and warrant that you have not previously been suspended or removed from using the Motospot Application.
g. In addition to the above, you must have the necessary equipment (an internet-connected computer, mobile phone, tablet or other supported device) and the associated telecommunication service subscriptions to access the internet. Access to the Motospot Application may become degraded or unavailable. We shall not be liable for any losses resulting from or arising out of such delays or unavailableness.
2. Motospot Application
TLDR: We operate the application named Motospot which may be available through App Store and Google Play or via the website www.motospot.app. Our application is solely intended for your own personal non-commercial use, please don’t sell anything via our application. In order to use our application, you would need to create an account and you will be responsible for any actions made under your account, including purchasing paid subscription.
a. We operate and provide to our users the application named Motospot that may be accessed via mobile applications published by us at mobile applications marketplaces (like, App Store or Google Play) and/or via the website www.motospot.app (including any and all its sub-domains) (collectively, “Motospot Application”). The Motospot Application provides its users with informational content, social networking, chats and entertaining functionality as well as any other functionality as determined by us at our sole discretion.
b. Certain functionality of the Motospot Application, like the creation of an unlimited number of events or groups, may be accessed upon subscription to a Pro version that is offered by the Motospot Application (“Pro Subscription”). You may find specific details on pricing, billing and cancellation of the Pro Subscription in the Section 3 below.
c. The Motospot Application is solely intended for your own personal non-commercial use, meaning that it is prohibited to advertise, market, promote, offer or sell any goods or paid services, whether sold or provided by you or any third parties in any form or through any means through or by using the Motospot Application.
d. In order to use the Motospot Application, you need to create an account at the Motospot Application (“Account”). When creating an Account, you shall provide a valid email address and create a username and a password at the time of registration. Further, you may change or update your username and password or other details via your Account. You shall provide true, accurate, current, and complete information as prompted by our registration form. You may not choose or use a username that is violating a third party’s intellectual property rights or a username that is offensive, inappropriate, or misleading to other users (for example making a false impression that you are a celebrity).
e. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords related to your Account. Any loss or compromise of your passwords and/or your personal information may result in unauthorised access to your Account by third parties, unauthorised access to the Motospot Application or its certain functionality by third parties. You are fully responsible for each and any action made under your Account and/or by any person you are allowed to use your Account, including, but not limited to, payment of all fees of Pro Subscription if subscribed via your Account. We shall never be liable for any loss or damage due to the lack of security of your Account.
f. We cannot promise that the Motospot Application will be free from errors or omissions nor that the Motospot Application will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Motospot Application will be available on all devices. We make no guarantee that all or any features of the Motospot Application will work on any particular device. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.
g. Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Motospot Application, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Motospot Application and/or any updates/upgrades.
3. Pro Subscription
TLDR: The Pro Subscription is subject to automatic renewal (monthly or other period as described in the application). When you purchase the Pro Subscription, we will charge your payment method for a subscription fee and will be charging your payment method prior to the beginning of any subsequent subscription period. You may cancel your Pro Subscription at any time through the application. You may contact our support team at motohelp@motospot.app if you experience difficulties cancelling the Pro Subscription or for instructions on how to cancel.
a. The Motospot Application offers you the paid Pro Subscription. By purchasing the Pro Subscription, you acknowledge and agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by us regarding such functionality or features.
b. You may purchase the Pro Subscription through the Motospot Application by paying the applicable fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. You acknowledge that Pro Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your payment method based on this automatic renewal feature without further authorisation from you and without further notice except as required by law.
c. We may make changes to the Pro Subscription at any time at our sole discretion, including changing functionality included in the Pro Subscription and recurring subscription fee. We will notify you of changes in the Pro Subscription in advance. Changes to the subscription fee will be effective starting from the the next subscription period following the date of the price change and, by continuing to use the Pro Subscription after the change of subscription fee takes effect, you will have accepted such new subscription fee. If you do not agree to a change of subscription fee, you shall unsubscribe from the Pro Subscription prior to the change going into effect.
d. By subscribing to the Pro Subscription, you authorise us to charge your preferred payment method at such time and again, as your Pro Subscription will automatically renew at the beginning of any subsequent subscription period (a month or some other recurring interval), unless cancelled by you prior to the expiration of then-current subscription period. When you purchase Pro Subscription through mobile applications downloaded through App Store or Google Pay, your preferred payment method authorised at App Store or Google Pay will be charged according to the rules and terms of such mobile application marketplaces.
e. You may cancel your Pro Subscription at any time in the manner described further. To cancel your Pro Subscription, you must log in to the Motospot Application and click on the button “Cancel Subscription” or any similar button showing your intent to cancel the Pro Subscription. If you cancel the Pro Subscription, the subscription will be provided to you until the end of the paid subscription period and then the Pro Subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the Pro Subscription fee paid for the then-current subscription period. You may contact our support team at motohelp@motospot.app if you experience difficulties cancelling the Pro Subscription or for instructions on how to cancel.
f. You shall not be entitled to a refund for the Pro Subscription which use has been blocked, suspended or cancelled for you due to your violation of these Terms.
4. Content. Prohibited Content and Prohibited Activities
TLDR: Not all content available via the Motospot Application is added or authorised by us. Each user may upload their own content as well as our application may retrieve data from third-parties services (like, maps services displayed through the application). When you upload your content to our application you grant us the right to use your content for operating and promoting our applications and business (please carefully read the relevant provision below). Please mind that we will not be responsible to you for any harm or damage you incurred while using any information available through our application. And also make this section describes types of content that are strictly prohibited to upload as well as actions that you must never perform while using our application.
a. The Motospot Application incorporates content that is generated, tagged, uploaded or made available by users (“User Content”) and or retrieved directly from third-party social media platforms, maps and geodesical services, newsfeeds (“Third-Party Content”).
b. By uploading, posting, sending, transmitting, streaming, delivering or making available your User Content in or to the Motospot Application, you (i) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the Motospot Application and related services and/or for our marketing and promotional purposes (for example, by displaying on our website, within the Motospot Application, in social media, on any website or platform in the Internet as we may deem appropriate), subject to the Privacy Policy; and (ii) you agree to indemnify us and our affiliates, directors, officers, and employees and hold us/them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with these Terms.
c. We do not and will not represent or guarantee that any of the information available through the Motospot Application including, but not limited to, User Content and Third-Party Content, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Motospot Application. We disclaim any liability for any loss or damage should you use or view the information available through the Motospot Application.
d. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation, information regarding our policies and services.
e. You hereby acknowledge and agree that:
i. our ability to check or control the User Content and Third-Party Content is limited;
ii. we do not endorse User Content and Third-Party Content and cannot guarantee that it will meet the standards that content produced by us would ordinarily meet; and
iii. any views expressed in User Content and Third-Party Content do not necessarily reflect our views.
f. You hereby represent and warrant that you will not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide User Content or otherwise disseminate through the Motospot Application any materials that (“Prohibited Content”):
i. are false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
ii. are patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
iii. encourage conduct that would be considered a criminal offence or gives rise to civil liability;
iv. promote an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright-protected devices, or providing pirated music or links to pirated music files;
v. violates any third party’s intellectual property rights;
vi. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
vii. breach or infringe any duty toward or rights of any person or entity, including rights of publicity or privacy;
viii. violate any law, regulation, or court order;
ix. contain corrupted data or any other harmful, disruptive, or destructive files; or
x. in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Motospot Application, or which may expose us, our affiliates or our customers to harm or liability of any nature.
g. You must not:
i. display, stream or promote any pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory content;
ii. display or promote physical harm of any kind against any group or individual, any instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses;
iii. advertise, market, promote, offer or sell any goods or paid services, whether sold or provided by your or any third parties in any form or through any means through or by using the Motospot Application;
iv. send junk mail or spam to our other users, including without limitation unsolicited advertising, promotional materials, or other solicitation material;
v. harvest or collect email addresses or other contact information of our other users;
vi. defame, harass, abuse, threaten, or defraud our users, or collect or attempt to collect, personal information about users or third parties without their consent;
vii. use the Motospot Application for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
viii. violate any law, regulation, or court order;
ix. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
x. access or use the Motospot Application for the purpose of creating a product or service that is competitive with any of our products or services;
xi. advocate, encourage or assist any third party in doing any of the foregoing.
h. You must not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
i. You shall be fully liable and responsible for your User Content and actions made at or via the Motospot Application. You shall indemnify and hold us harmless in all and any claims and issues as set out in these Terms.
j. In case you become aware of inappropriate behaviour of any user or the Prohibited Content either publicly displayed via the Motospot Application or delivered/made accessible to you, or of any actions, content or similar violating any applicable law or that in your good faith belief can violate any applicable law, you shall immediately contact our customer support team at the email: motohelp@motospot.app.
k. We may accept, modify, withdraw or refuse to display your User Content at any time at our sole and absolute discretion. We may do this without notice to you for any reason, including, without limitation, where we suspect your User Content to be of the Prohibited Content nature. However, we have no obligation to modify or remove any inappropriate, offensive or unlawful User Content or other content.
5. Intellectual Property Rights
TLDR: We hold ownership of the Motospot application. Several types of content may be also owned by our users. We grant you the right to use and access our application for your personal use. By submitting any feedback, you grant us the right to use it for the purpose of improving or promoting our application without any compensation to you.
a. The Motospot Application, including any enhancements, derivatives and improvements thereof, is the sole property of us. All the text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content that forms a part of the Motospot Application (collectively, the “Content”) are the sole property of us, our affiliates, our users or third-party providers, as a case may be.
b. We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Motospot Application solely for purposes approved by us from time to time. Any other use of the Motospot Application is expressly prohibited and all other right, title, and interest in the Motospot Application is exclusively the property of us and our affiliates.
c. Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to the Motospot Application in accordance with these Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the Motospot Application or any other part of the Content or in any other way manipulate the Motospot Application.
d. We do not grant you any licenses or accept the use or display in any manner our trademarks, service marks, logos, or slogans.
e. In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Motospot Application (collectively, “Feedback”), you agree that we may use the Feedback in any way we deem appropriate to: (i) improve the Motospot Application and (ii) promote the Motospot Application, and that you will not be due any compensation for your Feedback that is used in these ways.
6. Third-party Links
TLDR: We are not responsible for information, content, or services contained on any third-party websites accessible through our application.
a. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Motospot Application.
7. Warranties
TLDR: By using our application, you accept that it may not always be available, of good quality, secure, or accurate, and that it may contain errors or viruses, and you take full responsibility for any issues or risks that may arise from using the application. Our application is provided “as is”, “as developed” and “as available”.
a. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MOTOSPOT APPLICATION, OUR SERVICES AND ANY CONTENT DELIVERED OR MADE AVAILABLE THROUGH THE MOTOSPOT APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MOTOSPOT APPLICATION, OUR SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MOTOSPOT APPLICATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE MOTOSPOT APPLICATION WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE MOTOSPOT APPLICATION, OUR SERVICES OR AVAILABLE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
b. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MOTOSPOT APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
c. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE MOTOSPOT APPLICATION IS PROVIDED TO YOU ON AN “AS IS”, “AS DEVELOPED” AND “AS AVAILABLE” BASIS.
d. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CONTENT GENERATED, UPLOADED OR DELIVERED BY YOU VIA THE MOTOSPOT APPLICATION.
8. Limitation of Liability
TLDR: We are not liable for any issues or damages related to your use of our application, and you give up the right to file any claims regarding these issues and our liability is limited to the amount of fees you paid us in the preceding 12 months or to 200 euro, whichever is higher.
a. IN NO EVENT WE WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (II) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION; OR (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO (II) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM; OR (II) 200 EURO, WHICHEVER IS HIGHER.
9. Indemnification
TLDR: You will be fully responsible for any legal or financial issues that may arise from your use or misuse of our application and your user content and agree to cover any costs incurred by us, our affiliates, and representatives.
a. You will indemnify, defend, and hold us, our affiliates and our/their employees, officers, directors, contractors, agents, and consultants, including but not limited to, financial advisors, accountants and attorneys (collectively “Representatives”) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) your wrongful or improper use of the Motospot Application or any related services; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of rules set for User Content and your actions at the Motospot Application; (v) your violation of any applicable law, rule or regulation of any country; and (vi) any other party’s access and/or use of the Motospot Application with your unique username, password or other appropriate security code.
10. Termination
TLDR: Both we and you may terminate your account and access to our application at any time.
a. These Terms will remain in full force and effect while you use the Motospot Application and/or have an Account at the Motospot Application. You may cancel your Account at any time by contacting our customer support team.
b. We may suspend, restrict, or terminate your access to the Motospot Application and/or deactivate or terminate your Account, with or without explanation, by giving you notice of our actions or without such notice.
11. General Provisions
TLDR: You cannot transfer your rights to anyone else, we may transfer our rights. These Terms will remain effective even if not strictly enforced. All formal notices under these Terms shall be in English. If any provision of these Terms is held invalid, the remaining provisions will remain in full force and effect. We can change the terms at any time and it is your responsibility to regularly check for updates, continued use of the site after changes implies acceptance of the updated terms, if you do not agree with the changes, you should stop using Motospot application. All notices and communications by you to us under shall be made in writing to e-mail: motohelp@motospot.app.
a. From time to time, we may make available special offers or conduct promotions for all or certain users. Subject to applicable laws, we may establish qualifying criteria to participate in any special promotion at our sole discretion. We may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all customers. Certain promotional events may be governed by separate terms or rules.
b. All notices and communications by you to us under these Terms shall be made in writing to e-mail: motohelp@motospot.app and are effective on the date received (unless the notice specifies a later date).
c. These Terms of Service, Privacy Policy and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
d. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
e. These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Motospot Application.
f. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
g. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
h. These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
i. These Terms are deemed entered into by the parties in the Republic of North Macedonia. These Terms shall be governed exclusively under the laws of the Republic of North Macedonia and shall be subject to the exclusive jurisdiction of the Republic of North Macedonia courts.
j. We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Motospot Application, or updating the “Last Updated” date of these Terms. By continuing to access or use the Motospot Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Motospot Application and delete our applications from your devices. We encourage you to frequently review Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Motospot Application.
k. Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive.
12. Copyright Infringements
TLDR: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Motospot application, please notify us of this issue at: motohelp@motospot.app. Please note that such notice shall follow some formal rules as specified below, please read this section carefully before submitting your notice to us.
a. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Motospot Application, please notify us as set below. For your complaint you must provide the following information in writing:
i. An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
ii. Identification of the copyrighted work that you claim has been infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work;
iii. Identification of the material that is claimed to be infringing and where it is located on the Motospot Application;
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agents, or law; and
vi. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
b. PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
c. Please contact our support team in order to file a complaint at the following email address: motohelp@motospot.app.
Last Updated on 4 May 2023
1. Acceptance and Eligibility
TLDR: Upon using, accessing or registering at the Motospot website or mobile applications, downloading our mobile applications from App Store or Google Play (or any other mobile applications) you agree with these Terms. You should be at least 18 years old or obtained your legal guardian’s prior consent in order to use Motospot applications and the website. If you are under the age of 18 years old, please make sure that your legal guardians clearly explained to you what is written in these Terms.
a. This is a contract between you and New Solution LTD, a private company incorporated in the Republic of North Macedonia. References in these Terms to “Motospot”, “we”, “our” or “us”, are to New Solution LTD and references to “you”, “your or “user” are to the person with whom Motospot enters into these Terms. This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity, as may apply.
b. These Terms apply to your use and access to the Motospot Application and its related services. Upon accessing or registering at the Motospot Application, downloading mobile applications published or maintained by us, you agree to be legally bound by and to comply with these Terms, Privacy Policy and all additional terms, policies and agreements incorporated herein by reference and amended from time to time at our sole discretion.
c. You hereby acknowledge and agree that when you use the Motospot Application any third-party terms or agreements may apply to your use. For example, when you download our mobile applications, the terms and conditions of the respective mobile applications marketplaces (like, App Store or Google Play) may additionally apply to you.
d. If you are using the Motospot Application and/or our related services on behalf of a business, you represent to us that you are duly authorized to bind that business or entity to these Terms, Privacy Policy and all additional terms, policies and agreements incorporated herein by reference, and that such business accepts these Terms, Privacy Policy and all additional terms, policies and agreements incorporated herein by reference. You represent that the business entity is duly organised, validly existing and in good standing under the laws of its country of organisation. The business entity shall be fully liable for all activities conducted by its employees and contractors while using the Motospot Application.
e. You represent and warrant that you are of legal age to form a binding contract (at least 18 years old under the law of North Macedonia) or you obtained your legal guardian’s prior informed consent to use the Motospot Application and your legal guardian explained you in layman’s terms all the rules set in these Terms, Privacy Policy and applicable additional documents.
Some of the content available through the Motospot Application is not moderated by us and/or may contain strong language or material which may not be suitable for children. We will do our best to identify such Content and to give you as much guidance as possible for you to make an informed choice as to whether you wish to enable your child to view this Content, but we will not and cannot warrant that all Content will be suitably identified.
By accessing and continuing to use the Motospot Application and our related services, you accept responsibility for reviewing such guidance and information and, where you allow anyone under the age of 18 to access the Services, for ensuring that the Services are suitable for them.
f. Additionally, you represent and warrant that you have not previously been suspended or removed from using the Motospot Application.
g. In addition to the above, you must have the necessary equipment (an internet-connected computer, mobile phone, tablet or other supported device) and the associated telecommunication service subscriptions to access the internet. Access to the Motospot Application may become degraded or unavailable. We shall not be liable for any losses resulting from or arising out of such delays or unavailableness.
2. Motospot Application
TLDR: We operate the application named Motospot which may be available through App Store and Google Play or via the website www.motospot.app. Our application is solely intended for your own personal non-commercial use, please don’t sell anything via our application. In order to use our application, you would need to create an account and you will be responsible for any actions made under your account, including purchasing paid subscription.
a. We operate and provide to our users the application named Motospot that may be accessed via mobile applications published by us at mobile applications marketplaces (like, App Store or Google Play) and/or via the website www.motospot.app (including any and all its sub-domains) (collectively, “Motospot Application”). The Motospot Application provides its users with informational content, social networking, chats and entertaining functionality as well as any other functionality as determined by us at our sole discretion.
b. Certain functionality of the Motospot Application, like the creation of an unlimited number of events or groups, may be accessed upon subscription to a Pro version that is offered by the Motospot Application (“Pro Subscription”). You may find specific details on pricing, billing and cancellation of the Pro Subscription in the Section 3 below.
c. The Motospot Application is solely intended for your own personal non-commercial use, meaning that it is prohibited to advertise, market, promote, offer or sell any goods or paid services, whether sold or provided by you or any third parties in any form or through any means through or by using the Motospot Application.
d. In order to use the Motospot Application, you need to create an account at the Motospot Application (“Account”). When creating an Account, you shall provide a valid email address and create a username and a password at the time of registration. Further, you may change or update your username and password or other details via your Account. You shall provide true, accurate, current, and complete information as prompted by our registration form. You may not choose or use a username that is violating a third party’s intellectual property rights or a username that is offensive, inappropriate, or misleading to other users (for example making a false impression that you are a celebrity).
e. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords related to your Account. Any loss or compromise of your passwords and/or your personal information may result in unauthorised access to your Account by third parties, unauthorised access to the Motospot Application or its certain functionality by third parties. You are fully responsible for each and any action made under your Account and/or by any person you are allowed to use your Account, including, but not limited to, payment of all fees of Pro Subscription if subscribed via your Account. We shall never be liable for any loss or damage due to the lack of security of your Account.
f. We cannot promise that the Motospot Application will be free from errors or omissions nor that the Motospot Application will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Motospot Application will be available on all devices. We make no guarantee that all or any features of the Motospot Application will work on any particular device. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.
g. Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Motospot Application, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Motospot Application and/or any updates/upgrades.
3. Pro Subscription
TLDR: The Pro Subscription is subject to automatic renewal (monthly or other period as described in the application). When you purchase the Pro Subscription, we will charge your payment method for a subscription fee and will be charging your payment method prior to the beginning of any subsequent subscription period. You may cancel your Pro Subscription at any time through the application. You may contact our support team at motohelp@motospot.app if you experience difficulties cancelling the Pro Subscription or for instructions on how to cancel.
a. The Motospot Application offers you the paid Pro Subscription. By purchasing the Pro Subscription, you acknowledge and agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by us regarding such functionality or features.
b. You may purchase the Pro Subscription through the Motospot Application by paying the applicable fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. You acknowledge that Pro Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your payment method based on this automatic renewal feature without further authorisation from you and without further notice except as required by law.
c. We may make changes to the Pro Subscription at any time at our sole discretion, including changing functionality included in the Pro Subscription and recurring subscription fee. We will notify you of changes in the Pro Subscription in advance. Changes to the subscription fee will be effective starting from the the next subscription period following the date of the price change and, by continuing to use the Pro Subscription after the change of subscription fee takes effect, you will have accepted such new subscription fee. If you do not agree to a change of subscription fee, you shall unsubscribe from the Pro Subscription prior to the change going into effect.
d. By subscribing to the Pro Subscription, you authorise us to charge your preferred payment method at such time and again, as your Pro Subscription will automatically renew at the beginning of any subsequent subscription period (a month or some other recurring interval), unless cancelled by you prior to the expiration of then-current subscription period. When you purchase Pro Subscription through mobile applications downloaded through App Store or Google Pay, your preferred payment method authorised at App Store or Google Pay will be charged according to the rules and terms of such mobile application marketplaces.
e. You may cancel your Pro Subscription at any time in the manner described further. To cancel your Pro Subscription, you must log in to the Motospot Application and click on the button “Cancel Subscription” or any similar button showing your intent to cancel the Pro Subscription. If you cancel the Pro Subscription, the subscription will be provided to you until the end of the paid subscription period and then the Pro Subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the Pro Subscription fee paid for the then-current subscription period. You may contact our support team at motohelp@motospot.app if you experience difficulties cancelling the Pro Subscription or for instructions on how to cancel.
f. You shall not be entitled to a refund for the Pro Subscription which use has been blocked, suspended or cancelled for you due to your violation of these Terms.
4. Content. Prohibited Content and Prohibited Activities
TLDR: Not all content available via the Motospot Application is added or authorised by us. Each user may upload their own content as well as our application may retrieve data from third-parties services (like, maps services displayed through the application). When you upload your content to our application you grant us the right to use your content for operating and promoting our applications and business (please carefully read the relevant provision below). Please mind that we will not be responsible to you for any harm or damage you incurred while using any information available through our application. And also make this section describes types of content that are strictly prohibited to upload as well as actions that you must never perform while using our application.
a. The Motospot Application incorporates content that is generated, tagged, uploaded or made available by users (“User Content”) and or retrieved directly from third-party social media platforms, maps and geodesical services, newsfeeds (“Third-Party Content”).
b. By uploading, posting, sending, transmitting, streaming, delivering or making available your User Content in or to the Motospot Application, you (i) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the Motospot Application and related services and/or for our marketing and promotional purposes (for example, by displaying on our website, within the Motospot Application, in social media, on any website or platform in the Internet as we may deem appropriate), subject to the Privacy Policy; and (ii) you agree to indemnify us and our affiliates, directors, officers, and employees and hold us/them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with these Terms.
c. We do not and will not represent or guarantee that any of the information available through the Motospot Application including, but not limited to, User Content and Third-Party Content, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Motospot Application. We disclaim any liability for any loss or damage should you use or view the information available through the Motospot Application.
d. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation, information regarding our policies and services.
e. You hereby acknowledge and agree that:
i. our ability to check or control the User Content and Third-Party Content is limited;
ii. we do not endorse User Content and Third-Party Content and cannot guarantee that it will meet the standards that content produced by us would ordinarily meet; and
iii. any views expressed in User Content and Third-Party Content do not necessarily reflect our views.
f. You hereby represent and warrant that you will not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide User Content or otherwise disseminate through the Motospot Application any materials that (“Prohibited Content”):
i. are false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
ii. are patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
iii. encourage conduct that would be considered a criminal offence or gives rise to civil liability;
iv. promote an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright-protected devices, or providing pirated music or links to pirated music files;
v. violates any third party’s intellectual property rights;
vi. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
vii. breach or infringe any duty toward or rights of any person or entity, including rights of publicity or privacy;
viii. violate any law, regulation, or court order;
ix. contain corrupted data or any other harmful, disruptive, or destructive files; or
x. in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Motospot Application, or which may expose us, our affiliates or our customers to harm or liability of any nature.
g. You must not:
i. display, stream or promote any pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory content;
ii. display or promote physical harm of any kind against any group or individual, any instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses;
iii. advertise, market, promote, offer or sell any goods or paid services, whether sold or provided by your or any third parties in any form or through any means through or by using the Motospot Application;
iv. send junk mail or spam to our other users, including without limitation unsolicited advertising, promotional materials, or other solicitation material;
v. harvest or collect email addresses or other contact information of our other users;
vi. defame, harass, abuse, threaten, or defraud our users, or collect or attempt to collect, personal information about users or third parties without their consent;
vii. use the Motospot Application for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
viii. violate any law, regulation, or court order;
ix. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
x. access or use the Motospot Application for the purpose of creating a product or service that is competitive with any of our products or services;
xi. advocate, encourage or assist any third party in doing any of the foregoing.
h. You must not upload, post, send, transmit, stream, deliver, make accessible or available for other user’s view, listening or access or anyhow provide in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
i. You shall be fully liable and responsible for your User Content and actions made at or via the Motospot Application. You shall indemnify and hold us harmless in all and any claims and issues as set out in these Terms.
j. In case you become aware of inappropriate behaviour of any user or the Prohibited Content either publicly displayed via the Motospot Application or delivered/made accessible to you, or of any actions, content or similar violating any applicable law or that in your good faith belief can violate any applicable law, you shall immediately contact our customer support team at the email: motohelp@motospot.app.
k. We may accept, modify, withdraw or refuse to display your User Content at any time at our sole and absolute discretion. We may do this without notice to you for any reason, including, without limitation, where we suspect your User Content to be of the Prohibited Content nature. However, we have no obligation to modify or remove any inappropriate, offensive or unlawful User Content or other content.
5. Intellectual Property Rights
TLDR: We hold ownership of the Motospot application. Several types of content may be also owned by our users. We grant you the right to use and access our application for your personal use. By submitting any feedback, you grant us the right to use it for the purpose of improving or promoting our application without any compensation to you.
a. The Motospot Application, including any enhancements, derivatives and improvements thereof, is the sole property of us. All the text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content that forms a part of the Motospot Application (collectively, the “Content”) are the sole property of us, our affiliates, our users or third-party providers, as a case may be.
b. We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Motospot Application solely for purposes approved by us from time to time. Any other use of the Motospot Application is expressly prohibited and all other right, title, and interest in the Motospot Application is exclusively the property of us and our affiliates.
c. Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to the Motospot Application in accordance with these Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the Motospot Application or any other part of the Content or in any other way manipulate the Motospot Application.
d. We do not grant you any licenses or accept the use or display in any manner our trademarks, service marks, logos, or slogans.
e. In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Motospot Application (collectively, “Feedback”), you agree that we may use the Feedback in any way we deem appropriate to: (i) improve the Motospot Application and (ii) promote the Motospot Application, and that you will not be due any compensation for your Feedback that is used in these ways.
6. Third-party Links
TLDR: We are not responsible for information, content, or services contained on any third-party websites accessible through our application.
a. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Motospot Application.
7. Warranties
TLDR: By using our application, you accept that it may not always be available, of good quality, secure, or accurate, and that it may contain errors or viruses, and you take full responsibility for any issues or risks that may arise from using the application. Our application is provided “as is”, “as developed” and “as available”.
a. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MOTOSPOT APPLICATION, OUR SERVICES AND ANY CONTENT DELIVERED OR MADE AVAILABLE THROUGH THE MOTOSPOT APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE MOTOSPOT APPLICATION, OUR SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE MOTOSPOT APPLICATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE MOTOSPOT APPLICATION WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE MOTOSPOT APPLICATION, OUR SERVICES OR AVAILABLE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
b. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE MOTOSPOT APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
c. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE MOTOSPOT APPLICATION IS PROVIDED TO YOU ON AN “AS IS”, “AS DEVELOPED” AND “AS AVAILABLE” BASIS.
d. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CONTENT GENERATED, UPLOADED OR DELIVERED BY YOU VIA THE MOTOSPOT APPLICATION.
8. Limitation of Liability
TLDR: We are not liable for any issues or damages related to your use of our application, and you give up the right to file any claims regarding these issues and our liability is limited to the amount of fees you paid us in the preceding 12 months or to 200 euro, whichever is higher.
a. IN NO EVENT WE WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (II) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION; OR (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO (II) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM; OR (II) 200 EURO, WHICHEVER IS HIGHER.
9. Indemnification
TLDR: You will be fully responsible for any legal or financial issues that may arise from your use or misuse of our application and your user content and agree to cover any costs incurred by us, our affiliates, and representatives.
a. You will indemnify, defend, and hold us, our affiliates and our/their employees, officers, directors, contractors, agents, and consultants, including but not limited to, financial advisors, accountants and attorneys (collectively “Representatives”) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) your wrongful or improper use of the Motospot Application or any related services; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of rules set for User Content and your actions at the Motospot Application; (v) your violation of any applicable law, rule or regulation of any country; and (vi) any other party’s access and/or use of the Motospot Application with your unique username, password or other appropriate security code.
10. Termination
TLDR: Both we and you may terminate your account and access to our application at any time.
a. These Terms will remain in full force and effect while you use the Motospot Application and/or have an Account at the Motospot Application. You may cancel your Account at any time by contacting our customer support team.
b. We may suspend, restrict, or terminate your access to the Motospot Application and/or deactivate or terminate your Account, with or without explanation, by giving you notice of our actions or without such notice.
11. General Provisions
TLDR: You cannot transfer your rights to anyone else, we may transfer our rights. These Terms will remain effective even if not strictly enforced. All formal notices under these Terms shall be in English. If any provision of these Terms is held invalid, the remaining provisions will remain in full force and effect. We can change the terms at any time and it is your responsibility to regularly check for updates, continued use of the site after changes implies acceptance of the updated terms, if you do not agree with the changes, you should stop using Motospot application. All notices and communications by you to us under shall be made in writing to e-mail: motohelp@motospot.app.
a. From time to time, we may make available special offers or conduct promotions for all or certain users. Subject to applicable laws, we may establish qualifying criteria to participate in any special promotion at our sole discretion. We may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all customers. Certain promotional events may be governed by separate terms or rules.
b. All notices and communications by you to us under these Terms shall be made in writing to e-mail: motohelp@motospot.app and are effective on the date received (unless the notice specifies a later date).
c. These Terms of Service, Privacy Policy and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
d. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
e. These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Motospot Application.
f. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
g. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
h. These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
i. These Terms are deemed entered into by the parties in the Republic of North Macedonia. These Terms shall be governed exclusively under the laws of the Republic of North Macedonia and shall be subject to the exclusive jurisdiction of the Republic of North Macedonia courts.
j. We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Motospot Application, or updating the “Last Updated” date of these Terms. By continuing to access or use the Motospot Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Motospot Application and delete our applications from your devices. We encourage you to frequently review Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Motospot Application.
k. Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive.
12. Copyright Infringements
TLDR: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Motospot application, please notify us of this issue at: motohelp@motospot.app. Please note that such notice shall follow some formal rules as specified below, please read this section carefully before submitting your notice to us.
a. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Motospot Application, please notify us as set below. For your complaint you must provide the following information in writing:
i. An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
ii. Identification of the copyrighted work that you claim has been infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work;
iii. Identification of the material that is claimed to be infringing and where it is located on the Motospot Application;
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agents, or law; and
vi. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
b. PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
c. Please contact our support team in order to file a complaint at the following email address: motohelp@motospot.app.
Last Updated on 4 May 2023
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