MotoGuard Terms of Service

Version 1.0 · Effective 2026-07-28

These Terms are published at mymotoguard.com/terms. Read these Terms together with the MotoGuard Privacy Policy (mymotoguard.com/privacy), which is incorporated by reference and governs how we handle your personal data.

1. Who we are and what these Terms cover

MotoGuard is a motorcycle safety application. It uses motion sensors and GPS to detect a likely crash and, after a cancellable countdown, notifies the emergency contacts you have chosen by SMS and email so someone knows you may need help. Depending on your subscription tier and, where applicable, the hardware device you have paired, MotoGuard may also offer ride history, theft/tamper alerts, AI-assisted voice or emergency-services calling, and opt-in "Ride Share Checkpoints." An account with no hardware device paired runs in a reduced, best-effort phone mode using your phone's own sensors.

These Terms of Service ("Terms") are a binding agreement between you and L. in the castle L.L.C. of Rruga Bedri Shala, Bregu i diellit, 95 Prishtinë, Republic of Kosovo ("MotoGuard," "we," "us," or "our"). By creating an account, installing, or using the MotoGuard application (the "Service"), you accept these Terms and our Privacy Policy. If you do not agree, do not create an account or use the Service.

Feature availability differs by device variant and subscription tier and may change over time (see §4 and §9). Nothing in this section limits the safety disclaimer in §2.

2. Safety disclaimer

Please read this section carefully. It is the most important part of these Terms.

MotoGuard is a best-effort safety tool. It is not an emergency service and is not a substitute for calling 911 or your local emergency number. Alert delivery depends on network availability and third-party carriers and is not guaranteed.

In more detail, and without limiting the statement above:

• Detection is probabilistic. Crash detection relies on sensor thresholds and can both miss a real crash and trigger when no crash has occurred. Phone mode is manual-arm and explicitly best-effort.
• Delivery is not guaranteed. Alerts depend on your phone, its battery and sensors, your device's connectivity, cellular and internet coverage, and third-party providers (including carriers, Apple, Google, and our SMS/email/voice vendors). Any of these can delay, degrade, or prevent an alert.
• You remain responsible for your own safety. Always ride lawfully and within your ability, wear appropriate protective gear, and call your local emergency number directly whenever you can. Never rely on MotoGuard as your only means of getting help.
• Ride Share Checkpoints are a convenience, not monitoring. Any location-sharing feature is a social "I'm out riding" nudge to a contact you choose. It is not live tracking, safety monitoring, or a guarantee that anyone is watching for you, and updates stop if your phone loses signal or power.

This section survives any expiry or termination of your account or these Terms.

3. Accounts and eligibility

• Accurate information. You agree to provide accurate account information and to keep it up to date.
• Account security. You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly if you suspect unauthorized use. Some features require you to confirm your email address before they become available.
• Eligibility. You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and purchase a subscription. If you are under that age but at least the minimum age of digital consent that applies to you, you may use MotoGuard only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. MotoGuard is not directed to children; see the Privacy Policy for how we treat children's data.
• One account. Accounts are personal to you. Do not share, sell, or transfer your account.

We may suspend or terminate accounts as described in §8.

4. Subscriptions and payments

MotoGuard offers a Free tier and a paid Pro subscription. Core crash detection with SMS and email alerts to your verified emergency contacts is available on the Free tier and is never placed behind a paywall.

• In-app purchase only. Pro subscriptions are sold exclusively as in-app purchases through the Apple App Store and Google Play. Payment is charged to your App Store or Google Play account under that store's terms. MotoGuard does not offer web checkout, card payment, or any billing method outside these two stores, and never receives or stores your payment-card details.

• Auto-renewal. Pro subscriptions renew automatically for successive periods until you cancel. Your store account is charged for each renewal at the price and on the schedule shown in the store listing at purchase, unless changed as described below. Renewal timing and any free-trial or introductory terms are governed by the store.

• How to cancel. You can manage or cancel your subscription at any time in the store that sold it:

  • iOS: Settings → your Apple ID → Subscriptions → MotoGuard → Cancel.
  • Android: Google Play → Subscriptions → MotoGuard → Cancel.

  Cancelling stops future renewals. You keep Pro features until the end of the period you have already paid for; access is not prorated.

• Refunds. Except where required by the applicable store's refund policy or by law, all purchases are final. Because Apple and Google — not MotoGuard — process these payments, we cannot issue refunds directly; refund requests must be made to Apple or Google.

• Price and feature changes. We may change subscription pricing or the features included in a tier for future billing periods. Where the store requires it, you will be notified and asked to consent before a changed price takes effect; continuing to let the subscription renew means you accept the change.

• Deleting your account does not cancel your subscription. Removing your MotoGuard account deletes your data but does not stop store billing. To stop future charges you must cancel in the App Store or Google Play as described above. See §8 and the Account Deletion page (mymotoguard.com/delete-account).

5. Acceptable use

You agree to use the Service only for its intended, lawful purpose — your own personal motorcycle safety — and not to:

• abuse, overload, or interfere with the alerting systems (SMS, email, voice, or push), including attempting to send, or to cause the Service to send, unsolicited, repeated, harassing, fraudulent, or bulk messages;
• add a phone number or email address to your emergency contacts, tests, or any other feature without the permission of the person it belongs to (see §6);
• deliberately trigger, or attempt to trigger, false crash alerts, test alerts, or emergency-services / police calls;
• probe, scan, reverse-engineer, disrupt, or circumvent the Service's security, rate limits, sending caps, or other anti-abuse guardrails, or access the API by automated means except as we expressly permit;
• resell, sublicense, or make the Service available to third parties, or use it on behalf of anyone who has not agreed to these Terms;
• use the Service in any way that is unlawful, infringing, or that could harm MotoGuard, its providers, or other users.

To protect the Service and keep life-safety alerts reliable for everyone, MotoGuard enforces per-account sending caps, rate limits, and other anti-abuse controls. Activity that exceeds these limits may be throttled or blocked — including alerts you intended to send — and may lead to suspension or termination under §8. You are responsible for any carrier SMS or data charges you incur.

6. Emergency contacts

The Service lets you designate emergency contacts who receive your alerts (by SMS and email on every tier, and, where your plan and device support it, by AI voice or emergency-services call).

• You warrant that you have permission. You represent and warrant that you have each contact's consent to give us their name, phone number, and email address, and to have MotoGuard send them crash and ride-share alerts — which may include your location and any rider-profile information you have configured.
• You must tell them. You are responsible for informing each contact that you have listed them and that they may be contacted, and shared your details, in an emergency. Add only people who have agreed to this, keep their details accurate, and remove anyone who withdraws consent.
• Third-party data. This is personal data about other people; how we handle it is described in the Privacy Policy.
• Your responsibility. You will indemnify and hold MotoGuard harmless from claims arising out of contact details you provided, or alerts you caused us to send, without the necessary permission, to the extent permitted by law.

7. Disclaimer of warranties and limitation of liability

• "As is" / "as available." To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, error-free, or that any alert will be detected, generated, or delivered. This "as is" disclaimer is consistent with, and does not narrow, the best-effort safety disclosures in §2.
• Limitation of liability. To the maximum extent permitted by applicable law, MotoGuard and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any personal injury, death, property damage, or other loss, arising out of or relating to the failure, delay, inaccuracy, or unavailability of crash detection or alert delivery, even if advised of the possibility. To the extent liability cannot be excluded, our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amounts you paid MotoGuard in the twelve (12) months before the event giving rise to the claim, and (b) fifty euros (€50).
• Non-excludable rights. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — for example, liability for death or personal injury caused by negligence where the law does not permit its exclusion, for fraud, or under mandatory consumer-protection law.

This section survives termination and applies to the maximum extent permitted by law.

8. Termination and account deletion

• You may leave at any time. You can stop using the Service and delete your account whenever you like, in the app (Account → Delete Account, with a typed confirmation) or by emailing us if you cannot use the app. Deletion immediately and permanently removes your account and associated data. Full details are on the Account Deletion page (mymotoguard.com/delete-account); how long we keep any legally required records is described in the Privacy Policy.
• Subscriptions are separate. As noted in §4, deleting your account does not cancel an active App Store or Google Play subscription. Cancel in the store to stop future charges.
• Suspension or termination by us. We may suspend or terminate your access, with or without notice where appropriate, if you breach these Terms, use the Service unlawfully or abusively, or pose a risk to the Service, its providers, or other people.
• Survival. Provisions that by their nature should survive — including §2 (Safety disclaimer), §5 (your acceptable-use obligations and liabilities), §6 (emergency-contact warranties and indemnity), §7 (warranties and liability), §10 (governing law), and this survival clause — continue in effect after termination.

9. Changes to the Service and these Terms

We may add, change, or remove features and tiers, and we may update these Terms as the Service or the law evolves. When we make a material change to these Terms, we will notify you in the app or by email and update the "Effective" date above. Changes take effect when published, or on any later effective date we state. Continuing to use the Service after a change takes effect means you accept the updated Terms; if you do not agree, stop using the Service and delete your account.

10. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Republic of Kosovo, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be brought in the courts of the Republic of Kosovo, in Prishtinë. Nothing in this section deprives you of the protection of mandatory consumer-protection provisions of the law of the country where you live.

11. Contact

• General and legal enquiries: support@mymotoguard.com
• Privacy and data-rights requests: privacy@mymotoguard.com
• Provider: L. in the castle L.L.C., Rruga Bedri Shala, Bregu i diellit, 95 Prishtinë, Republic of Kosovo