End User License Agreement

MOTORHUB - TERMS OF USE AND END USER AGREEMENT IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING MOTORHUB By accessing or using the MotorHub application ("App"), you ("User", "you", "your") agree to be bound by these Terms of Use and End User Agreement ("Terms"). If you do not agree to these Terms, do not use the App. ============================== 1. ACCEPTANCE OF TERMS ============================== 1.1 Agreement to Terms By downloading, installing, accessing, or using MotorHub, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. 1.2 Acknowledgement — Apple App Store You and we (Andrea Vaiuso) acknowledge that this End-User License Agreement ("EULA") is concluded between you and Andrea Vaiuso only, and not with Apple Inc. ("Apple"). Andrea Vaiuso, not Apple, is solely responsible for the Licensed Application (MotorHub) and the content thereof. This EULA does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions as of the date of your acceptance of this EULA, which you acknowledge you have had the opportunity to review at https://www.apple.com/legal/internet-services/itunes/. 1.3 Eligibility You must be at least 16 years of age to use this App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. 1.4 Changes to Terms We may update or modify these Terms from time to time. If we make material changes, we will provide reasonable notice through the App or other appropriate means. The updated Terms will become effective on the date indicated in the revised version. By continuing to use the App after the effective date, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must stop using the App. 1.5 Apple Sign In Authentication is performed through Apple Sign In. By using this service, you also agree to comply with Apple's terms and conditions governing Sign in with Apple. ============================== 2. LICENSE AND RESTRICTIONS ============================== 2.1 Licensed, Not Sold The Licensed Application made available through the App Store is licensed, not sold, to you. Subject to your compliance with this EULA, the Licensor grants you a limited, non-exclusive, non-transferable, and revocable license to use the Licensed Application. 2.2 Scope of License Andrea Vaiuso ("Licensor") grants to you a nontransferable license to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. 2.3 Restrictions You agree not to: a) Copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, except where such restriction is prohibited by applicable law or permitted by open-source licenses included with the Application. b) Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Application. c) Use the Application for any unlawful, fraudulent, harmful, or unauthorized purpose. This includes, but is not limited to: i) Posting, uploading, transmitting, or otherwise distributing content that is illegal, defamatory, abusive, harassing, threatening, hateful, discriminatory, obscene, or otherwise harmful to other users. ii) Posting or promoting stolen goods, counterfeit items, or engaging in scams, deceptive listings, fraudulent transactions, or other misleading commercial practices. iii) Violating the intellectual property rights, privacy rights, or other legal rights of any person or entity. iv) Using the Application to harass, intimidate, stalk, or threaten other users. v) Using the Application to distribute spam, unsolicited advertising, or unauthorized promotional content. vi) Uploading or sharing content that contains viruses, malware, malicious code, or other harmful components. vii) Attempting to manipulate, abuse, or exploit the Application’s services, features, or systems in a way that could harm the platform, its users, or its infrastructure. d) Access or attempt to access the Application through automated means such as bots, scrapers, crawlers, or similar technologies. e) Upload, transmit, or distribute viruses, malware, or any malicious code. f) Attempt to gain unauthorized access to any systems, servers, or networks connected to the Application. g) Interfere with, disrupt, or compromise the integrity or performance of the Application or its infrastructure. h) Impersonate any person or entity or misrepresent your identity or affiliation. i) Use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with other users' access to the Application. 2.4 User Accounts and User Content Certain features of the Application require the creation of a user account and may allow users to upload, publish, or share content. The rules governing user accounts, user responsibilities, and user-generated content are set forth in Section 6 of this Agreement. ============================== 3. CONSENT TO USE OF DATA ============================== 3.1 Data Processing Your use of the Application may require the collection and processing of certain technical and usage data, including information about your device, operating system, application usage, and network interactions. Such data may be used for purposes including but not limited to: - providing and maintaining the Application and its services - enabling features and functionality of the Application - improving performance, stability, and user experience - security, fraud prevention, and abuse detection - technical support and troubleshooting - software updates and service improvements 3.2 Privacy Policy The collection, use, storage, and protection of personal data are governed by the MotorHub Privacy Policy. By using the Application, you acknowledge that you have read and understood the Privacy Policy. 3.3 Data Minimization The Licensor will process personal data only to the extent necessary to operate, maintain, and improve the Application and in accordance with applicable data protection laws. ============================== 4. MAINTENANCE AND SUPPORT ============================== 4.1 Developer Responsibility Andrea Vaiuso is solely responsible for providing any maintenance and support services with respect to the Licensed Application (MotorHub), as specified in this EULA or as required under applicable law. 4.2 Apple Has No Support Obligation You and Andrea Vaiuso acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. ============================== 5. TERMINATION ============================== 5.1 Term This EULA is effective until terminated by you or by Andrea Vaiuso. 5.2 Automatic Termination Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. 5.3 Effect of Termination Upon termination: - Your right to use the Licensed Application immediately ceases - You must cease all use of the Licensed Application and destroy all copies - We may delete your account data, content, and any associated information using the in-app functionality - You will not be entitled to any refund of subscription fees or in-app purchases - Sections of these Terms that by their nature should survive will remain in effect ============================== 6. USER ACCOUNTS AND PLATFORM ENFORCEMENT ============================== 6.1 Account Creation To access certain features of the Application, including Community, Marketplace, and Events, you must create an account using Sign in with Apple. You agree to provide accurate, current, and complete information during registration and to keep such information up to date. 6.2 Account Security You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You must promptly notify the Licensor of any unauthorized access, suspected misuse, or security breach related to your account. You agree not to share your account credentials with others or allow third parties to access the Application using your account. 6.3 User-Generated Content Responsibility The Application allows users to upload, publish, or share content including text, images, videos, listings, comments, event information, vehicle information, and other materials ("User Content"). You are solely responsible for any User Content that you create, upload, publish, or share through the Application. By submitting User Content, you represent and warrant that: a) you own or have the necessary rights, licenses, and permissions to publish such content b) the content does not violate any applicable laws or third-party rights c) the content complies with these Terms and any applicable policies The Licensor does not actively monitor all User Content but reserves the right, at its sole discretion, to review, remove, restrict, or disable access to any content that violates these Terms, applicable laws, or the rights of others. 6.4 Suspension and Termination The Licensor reserves the right, at its sole discretion, to suspend, restrict, or terminate user accounts, remove User Content, or limit access to certain features of the Application. Such actions may occur with or without prior notice if the Licensor reasonably believes that a user has violated these Terms, applicable laws, or engaged in misuse of the Application. 6.5 Grounds for Enforcement Actions Account suspension, restriction, content removal, or termination may occur for reasons including, but not limited to: - violation of these Terms or any policies referenced in this Agreement - providing false, misleading, incomplete, or outdated account information - impersonating another person, business, or entity - misrepresenting identity, affiliation, ownership, or authority - creating multiple accounts to evade bans, restrictions, or enforcement actions - transferring or selling accounts without authorization - using the Application for unlawful, fraudulent, deceptive, or abusive activities - engaging in scams, misleading marketplace listings, or deceptive commercial practices - posting or promoting stolen goods, counterfeit items, or illegal services - violating intellectual property rights including copyright, trademarks, or trade secrets - violating the privacy or personal rights of other individuals - publishing unlawful, defamatory, abusive, threatening, discriminatory, or hateful content - posting sexually explicit or obscene material where not permitted - uploading content that you do not own or have permission to use - distributing spam, unsolicited advertising, or deceptive promotional content - manipulating marketplace listings, reviews, ratings, or engagement metrics - artificially inflating reputation, visibility, or platform metrics - using automated systems such as bots, scrapers, crawlers, or scripts to access or interact with the Application - attempting to scrape, harvest, or extract platform data or user data - attempting to probe, scan, or test system vulnerabilities - attempting to bypass authentication or security mechanisms - gaining or attempting to gain unauthorized access to systems, networks, or accounts - interfering with or disrupting the Application’s infrastructure or services - abusing reporting, moderation, or complaint systems - coordinating harassment or targeted attacks against other users - sharing personal information of others without authorization - organizing or promoting events that violate applicable laws or safety regulations - manipulating marketplace transactions or engaging in payment fraud - repeatedly posting misleading, duplicate, or low-quality listings - exploiting software bugs or attempting to manipulate platform functionality - engaging in activities that could damage, disable, impair, or compromise the Application or its users - any conduct that the Licensor reasonably determines to be harmful to the Application, its users, or its infrastructure ============================== 7. USER CONTENT AND PLATFORM POLICIES ============================== 7.1 Types of User Content The Application allows users to create, upload, and share content including, but not limited to: - vehicle information and service records - photos, videos, text, and documents - marketplace listings for vehicles, parts, or related items - event information and community posts - comments, messages, and interactions with other users 7.2 Content Ownership and License You retain ownership of any content that you create, upload, or publish through the Application. By submitting or posting User Content, you grant the Licensor a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, modify, publish, display, and distribute such content solely for the purpose of operating, maintaining, improving, and promoting the Application and its services. This license includes the right to make technical modifications necessary for displaying, formatting, and delivering the content across devices and services. The Licensor may sublicense this license to service providers and technical partners solely to the extent necessary to operate and support the Application. This license remains in effect for as long as the User Content is available on the Application. 7.3 Content Moderation User Content may be reviewed using automated moderation tools and other technical systems designed to detect potential policy violations. The Licensor reserves the right, at its sole discretion, to remove, restrict, or disable access to any content that violates these Terms, applicable laws, or platform policies. Repeated violations may result in account suspension or termination in accordance with Section 6. 7.4 Reporting Violations If you encounter content that violates these Terms or applicable laws, you may report it using the in-app reporting tools. The Licensor may review reported content and take appropriate action. 7.5 No Endorsement The Licensor does not endorse, support, represent, or guarantee the accuracy, completeness, legality, or reliability of any User Content. Any reliance on User Content is at your own risk. ============================== 8. MARKETPLACE TERMS ============================== 8.1 Marketplace Purpose The Marketplace feature allows users to list vehicles and automotive parts for sale. MotorHub acts solely as a platform provider and facilitator and does not act as a dealer, broker, agent, or intermediary in transactions between users. 8.2 Third-Party Transactions a) All transactions occur directly between buyers and sellers b) MotorHub is NOT a party to any transaction c) We do not handle payments, shipping, delivery, or escrow services d) We are not responsible for the quality, safety, legality, or accuracy of listings e) We do not guarantee that a buyer or seller will complete a transaction Users are solely responsible for negotiating and completing any transaction. 8.3 Listing Requirements All listings must: a) Accurately describe the item being sold b) Include at least one genuine photograph of the actual item c) Comply with all applicable laws and regulations d) Not contain false, misleading, or fraudulent information e) Not offer illegal, stolen, counterfeit, or prohibited items Listings must represent the actual condition of the item being sold. Misleading descriptions or manipulated images are not permitted. 8.4 Vehicle Information Disclaimer Listings may contain historical information about a vehicle, including but not limited to service history, maintenance records, mileage, ownership history, modifications, or other technical details. Such information is provided solely by the seller or by users submitting the listing. MotorHub does not verify, certify, validate, or guarantee the accuracy, completeness, authenticity, or reliability of any vehicle history or listing information. Any documents, records, photographs, or descriptions included in a listing are provided for informational purposes only and should not be considered official verification of a vehicle’s condition, history, ownership status, or legal standing. Buyers are solely responsible for independently verifying all relevant information before completing a transaction. This may include, but is not limited to, inspecting the vehicle in person, verifying documentation, checking vehicle identification numbers (VIN), reviewing official records, and consulting qualified professionals where appropriate. MotorHub assumes no responsibility for inaccuracies, omissions, misrepresentations, or fraudulent information contained in marketplace listings. 8.5 Listing Limits Listing limits vary by subscription tier: - Free (Base): 1 active listing - Pro: 5 active listings - Super and Enterprise: Unlimited listings MotorHub reserves the right to modify listing limits or subscription features at any time. 8.6 Listing Expiration Active listings automatically expire 30 days after publication. You may renew expired listings if they comply with the current platform rules and guidelines. MotorHub may also remove listings that are inactive, outdated, misleading, or that no longer comply with these Terms. 8.7 Listing Management and Removal MotorHub reserves the right, at its sole discretion, to edit, suspend, remove, or restrict visibility of listings that violate these Terms or applicable laws. Marketplace listings are subject to the platform enforcement rules described in Section 6 (User Accounts and Platform Enforcement). MotorHub is under no obligation to monitor listings but may take action when violations are reported or detected. 8.8 Prohibited Items You may NOT list: a) Stolen property b) Counterfeit or replica items c) Items that violate intellectual property rights d) Weapons, explosives, or hazardous materials e) Illegal drugs or drug paraphernalia f) Items that violate local, state, or national laws Additional restrictions may apply depending on applicable laws and platform policies. 8.9 User Responsibility Buyers and sellers are solely responsible for: a) Verifying the identity and legitimacy of the other party b) Inspecting items before purchase c) Determining fair pricing d) Complying with all applicable laws (taxes, registration, title transfer, etc.) e) Resolving disputes directly MotorHub does not guarantee the identity, reputation, or reliability of any marketplace participant. 8.10 Communication Between Users The Application may allow users to communicate regarding marketplace listings. Users are responsible for their communications and interactions with other users. MotorHub does not monitor all communications and assumes no responsibility for the content, accuracy, or outcome of such communications. 8.11 Scams and Fraud a) Be vigilant against scams and fraudulent listings b) Never send money via wire transfer, cryptocurrency, or gift cards to strangers c) Meet in public places for transactions where possible d) Verify documentation and ownership before completing a purchase e) Report suspicious activity through the Application’s reporting tools 8.12 No Liability for Transactions TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTORHUB EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DISPUTES, LOSSES, DAMAGES, OR CLAIMS ARISING FROM MARKETPLACE TRANSACTIONS. YOU ASSUME ALL RISKS ASSOCIATED WITH BUYING OR SELLING THROUGH THE MARKETPLACE. ============================== 9. COMMUNITY, EVENTS AND FORUM ============================== 9.1 Community Features The Application includes community features that allow users to interact with each other, share content, organize activities, and participate in discussions related to vehicles, motorsport, and automotive culture. These features may include posts, comments, reactions, event participation, and other forms of user interaction. All user activity within community features is subject to the platform rules and enforcement mechanisms described in Section 6 (User Accounts and Platform Enforcement) and the content policies described in Section 7 (User Content and Platform Policies). 9.2 User Interactions Users interact with each other at their own risk. MotorHub does not verify the identity, background, or reliability of users participating in community features. MotorHub does not control, endorse, or guarantee the accuracy, integrity, or reliability of user interactions. Users are responsible for exercising appropriate caution and judgment when interacting with other users both online and offline. 9.3 Events The Application may allow users to create, organize, discover, and join automotive events. Users who create events ("Event Organizers") are solely responsible for: a) planning, organizing, and managing the event b) ensuring that the event complies with applicable laws and regulations c) obtaining any required permits, licenses, or insurance d) ensuring participant safety and appropriate conduct e) communicating accurate event details and updates Event Organizers are solely responsible for the content, logistics, and execution of their events. 9.4 MotorHub's Role MotorHub provides the platform solely to facilitate event discovery, coordination, and communication between users. MotorHub does not organize, sponsor, supervise, or control events created by users and is not responsible for event planning, participant behavior, safety measures, or compliance with legal requirements. MotorHub does not verify the accuracy, legality, or safety of any event listing. 9.5 Event Participation Participation in events is voluntary and occurs at the user's own discretion. Users are responsible for evaluating the suitability, safety, and legitimacy of any event before attending or participating. Users should independently verify event details, including location, organizer identity, and safety considerations. 9.6 Assumption of Risk BY PARTICIPATING IN EVENTS ORGANIZED THROUGH THE APPLICATION, YOU ACKNOWLEDGE AND ACCEPT THAT SUCH ACTIVITIES MAY INVOLVE RISKS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTORHUB SHALL NOT BE LIABLE FOR ANY INCIDENTS, DAMAGES, INJURIES, OR LOSSES ARISING FROM OR RELATED TO USER-ORGANIZED EVENTS. 9.7 Forum Purpose The MotorHub Forum allows users to publish posts, comments, and discussions related to vehicles, automotive topics, maintenance, modifications, events, and marketplace activities. The forum is intended to foster community discussion and information sharing among users. 9.8 User Responsibility Users are solely responsible for the content they post in the forum. Forum content constitutes User Content and is governed by the rules described in Section 7 (User Content and Platform Policies) and subject to enforcement under Section 6 (User Accounts and Platform Enforcement). Users must ensure that their posts: a) comply with applicable laws b) respect the rights of other users and third parties c) do not contain prohibited content as defined in Section 6.5 9.9 Informational Nature of Forum Content Forum discussions, posts, and comments represent the opinions and experiences of individual users. MotorHub does not verify, endorse, or guarantee the accuracy, completeness, reliability, or safety of information shared in forum discussions. Any technical advice, mechanical recommendations, or maintenance suggestions shared by users should be considered informational only. Users should consult qualified professionals before relying on technical or safety-related information. 9.10 Moderation Forum content may be reviewed using automated moderation tools and other technical systems designed to detect potential violations. MotorHub reserves the right to remove, edit, restrict, or disable access to forum content that violates these Terms, applicable laws, or platform policies. Repeated violations may result in account suspension or termination in accordance with Section 6. 9.11 No Endorsement MotorHub does not endorse, support, or assume responsibility for any opinions, statements, advice, or recommendations expressed by users within the forum. ============================== 10. SUBSCRIPTIONS AND IN-APP PURCHASES ============================== 10.1 Paid Features Certain features require a subscription (Pro, Super or Enterprise tier) purchased through Apple's In-App Purchase system. 10.2 Subscription Terms a) Subscriptions are billed on a recurring basis (monthly or annually) b) Subscriptions automatically renew unless canceled at least 24 hours before the renewal date c) You can manage or cancel subscriptions in your Apple ID account settings d) Cancellation takes effect at the end of the current billing period 10.3 Payment Processing All payments are processed by Apple. We do not store payment information. Refer to Apple's terms for payment-related matters. 10.4 Refund Policy a) All purchases are final and non-refundable except as required by law b) Refund requests must be made through Apple's App Store according to their policies c) We do not provide refunds for unused subscription time if you violate these Terms d) Canceling your subscription does not entitle you to a refund 10.5 Price and Feature Changes We reserve the right to modify subscription prices, features, benefits, or functionality associated with any subscription tier at any time. Changes to subscription prices for existing subscribers will take effect at the next billing cycle following reasonable notice. Changes to features, limits, or functionality associated with a subscription tier may take effect immediately or at the next renewal period, depending on the nature of the change. MotorHub may also introduce new subscription tiers, modify existing tiers, or discontinue certain features or benefits. Where reasonably possible, we will provide notice of significant changes through the Application or other appropriate means. Your continued use of the Application after such changes take effect constitutes acceptance of the updated pricing or feature structure. ============================== 11. DATA AND PRIVACY ============================== 11.1 Data Collection We collect and process data as described in our Privacy Policy. By using the App, you consent to such collection and processing. 11.2 iCloud Sync The App uses iCloud to sync your data across your devices. This requires an active iCloud account and is subject to Apple's iCloud Terms and Conditions. 11.3 Data Storage a) Vehicle data, service records, and photos are stored in your private iCloud container b) Community and marketplace data are stored on our servers c) We use industry-standard security measures, but cannot guarantee absolute security 11.4 Data Responsibility YOU ARE SOLELY RESPONSIBLE FOR: a) Maintaining backups of your important data b) The accuracy and legality of data you input into the App c) Compliance with data protection laws in your jurisdiction 11.5 Third-Party Services The App integrates with third-party services including: a) Apple Sign In b) iCloud and CloudKit c) Google Vision OCR (for odometer scanning) d) Cloudflare (for content moderation, storage and AI-powered features) Your use of these services is subject to their respective terms and privacy policies. ============================== 12. EXTERNAL SERVICES ============================== 12.1 Third-Party and External Services The Licensed Application may enable access to Licensor's services and to third-party services, platforms, websites, or infrastructure providers (collectively, "External Services"). These may include authentication providers, cloud infrastructure services, analytics tools, artificial intelligence services, mapping services, or other external technologies used to operate or enhance the Application. You acknowledge that your use of External Services may be subject to additional terms, conditions, and privacy policies provided by the respective third-party providers. You agree to use External Services at your sole risk. Licensor is not responsible for examining or evaluating the content, availability, or accuracy of any External Services and shall not be liable for any such third-party services. Any information provided through the Application or External Services is provided for general informational purposes only and is not guaranteed by Licensor. 12.2 Data and Third-Party Services Use of certain features of the Application may involve the transmission or processing of data by third-party service providers. Such processing may be necessary for providing specific functionalities of the Application. Licensor is not responsible for the data handling practices of third-party providers. Users should review the privacy policies and terms of such services where applicable. 12.3 Restrictions on External Services Use You will not use External Services in any manner that is inconsistent with this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use External Services to harass, abuse, stalk, threaten, or defame any person or entity. External Services may not be available in all languages or in all geographic regions, and their availability may vary depending on your location. You are responsible for complying with all applicable laws when using External Services. 12.4 Changes to External Services Licensor reserves the right to modify, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability. The availability of certain Application features may depend on the continued availability of External Services. Licensor shall not be liable for interruptions, modifications, or discontinuation of such services by third-party providers. ============================== 13. WARRANTY AND DISCLAIMERS ============================== 13.1 Developer Warranty Responsibility Andrea Vaiuso ("Licensor") is solely responsible for any product warranties relating to the Licensed Application, whether express or implied by law, to the extent such warranties are not effectively disclaimed in this Agreement. 13.2 Apple Refund Provision In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) paid for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Licensor. 13.3 NO WARRANTY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PROVIDED THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT THAT: - THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE - THE APPLICATION WILL ALWAYS BE AVAILABLE OR OPERATE WITHOUT DELAYS - ANY DEFECTS OR ERRORS WILL BE CORRECTED - ANY DATA OR CONTENT PROVIDED THROUGH THE APPLICATION WILL BE ACCURATE OR RELIABLE NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 13.4 No Professional Advice THE APPLICATION AND ANY INFORMATION PROVIDED THROUGH IT ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE APPLICATION DOES NOT PROVIDE PROFESSIONAL AUTOMOTIVE, MECHANICAL, FINANCIAL, OR LEGAL ADVICE. ANY TECHNICAL OR MAINTENANCE INFORMATION SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE MAKING DECISIONS REGARDING VEHICLE MAINTENANCE, REPAIRS, PURCHASES, OR OTHER SAFETY-RELATED MATTERS. 13.5 No Guarantee of Service Reminders The Application may provide maintenance tracking, reminders, or notifications related to vehicle servicing. LICENSOR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY REMINDERS OR NOTIFICATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR VEHICLE RECEIVES PROPER MAINTENANCE, SAFETY INSPECTIONS, AND REQUIRED SERVICING. 13.6 Data Loss While the Application may implement backup or data protection mechanisms, LICENSOR DOES NOT GUARANTEE THE PRESERVATION OR AVAILABILITY OF USER DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, INCLUDING BUT NOT LIMITED TO VEHICLE RECORDS, PHOTOS, DOCUMENTS, OR OTHER USER CONTENT, RESULTING FROM SYSTEM FAILURES, SERVICE INTERRUPTIONS, SECURITY INCIDENTS, OR OTHER TECHNICAL ISSUES. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF ANY IMPORTANT INFORMATION. 13.7 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR PERSONAL INJURY OR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE APPLICATION EXCEED FIFTY U.S. DOLLARS (USD $50.00) OR THE AMOUNT YOU PAID FOR THE APPLICATION OR RELATED SERVICES, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 13.8 Force Majeure Licensor shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to internet outages, infrastructure failures, cyber attacks, natural disasters, governmental actions, or interruptions of third-party services used to operate the Application. ============================== 14. PRODUCT CLAIMS ============================== 14.1 Developer Responsibility for Claims You and Andrea Vaiuso ("Licensor") acknowledge that Licensor, and not Apple Inc., is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application. Such claims may include, but are not limited to: a) product liability claims; b) claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement; c) claims arising under consumer protection, privacy, or similar legislation; and d) claims relating to the operation, functionality, or availability of the Licensed Application. Apple shall have no responsibility or liability with respect to such claims. 14.2 No Limitation Beyond Applicable Law Nothing in this Agreement is intended to exclude or limit any liability of the Licensor that cannot be excluded or limited under applicable law. ============================== 15. INDEMNIFICATION ============================== 15.1 Your Indemnification Obligation You agree to indemnify, defend, and hold harmless the Licensor (Andrea Vaiuso), MotorHub, and their affiliates, officers, agents, contractors, and employees from and against any claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable legal fees and court costs) arising out of or related to: a) your use or misuse of the Application; b) your violation of this EULA or any policies referenced in this Agreement; c) your violation of any applicable law or regulation; d) your violation of the rights of any third party, including intellectual property, privacy, or contractual rights; e) any User Content you create, upload, post, publish, or distribute through the Application; f) your participation in marketplace listings, transactions, or negotiations with other users; g) your organization of, promotion of, or participation in user-created events; h) disputes between you and other users of the Application; i) any fraudulent, negligent, unlawful, or intentional misconduct on your part; j) your interference with or misuse of the Application’s systems, infrastructure, or security mechanisms; k) your unauthorized commercial use of the Application or its services; l) any claims resulting from content, listings, or communications that you publish or distribute through the Application. 15.2 Defense of Claims The Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with the Licensor in the defense of such claims. You may not settle any claim that imposes liability or obligations on the Licensor without the Licensor's prior written consent. ============================== 16. INTELLECTUAL PROPERTY ============================== 16.1 Ownership of the Application The Application, including its design, layout, features, graphics, text, logos, icons, images, audio elements, databases, software code, and other content (excluding User Content), is owned by or licensed to the Licensor and is protected by copyright, intellectual property, and other applicable laws. You may not copy, reproduce, modify, distribute, create derivative works from, publicly display, or otherwise use any part of the Application without the Licensor's prior written consent, except as expressly permitted by this EULA. 16.2 Trademarks and Brand Elements "MotorHub", the MotorHub name, and associated logos, graphics, and brand elements are proprietary identifiers of the Licensor and may constitute trademarks, trade names, or unregistered trademarks under applicable law. You may not use, reproduce, or display these identifiers without the Licensor's prior written permission. 16.3 Copyright Infringement If you believe that content available through the Application infringes your copyright or other intellectual property rights, please notify us using the contact information provided in Section 24 and include the following information: a) A description of the copyrighted work claimed to have been infringed b) The location of the allegedly infringing material within the Application c) Your name, address, and contact information d) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law e) A statement that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner 16.4 Intellectual Property Infringement Claims You and Andrea Vaiuso ("Licensor") acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, the Licensor, and not Apple Inc., will be solely responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim. ============================== 17. EXPORT CONTROLS AND LEGAL COMPLIANCE ============================== 17.1 Export and Re-Export Restrictions The Licensed Application may be subject to export control laws and regulations of the United States, Switzerland, the European Union, and other applicable jurisdictions. You agree to comply with all applicable export and re-export control laws and regulations when using the Licensed Application. In particular, the Licensed Application may not be exported, re-exported, or otherwise transferred: a) to any country or territory subject to applicable trade sanctions or embargoes; or b) to any individual or entity listed on government restricted or prohibited parties lists, including but not limited to lists maintained by the United States, Switzerland, or the European Union. 17.2 End-User Representations By using the Licensed Application, you represent and warrant that: a) you are not located in a country subject to applicable trade embargoes or sanctions; and b) you are not listed on any government list of prohibited or restricted parties. 17.3 Compliance With Applicable Laws You are responsible for complying with all laws and regulations applicable to your use of the Licensed Application in your jurisdiction. ============================== 18. U.S. GOVERNMENT END USERS ============================== The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. ============================== 19. THIRD-PARTY TERMS ============================== 19.1 Compliance with Third-Party Terms Your use of certain features of the Application may involve third-party services or infrastructure providers. Your use of such services is subject to the applicable terms, conditions, and privacy policies of the respective third-party providers. Examples of such services may include authentication providers, cloud infrastructure services, artificial intelligence services, or other technologies integrated into the Application. You are responsible for ensuring that your use of the Application does not violate any agreements you have with third-party service providers. Further information regarding third-party services is provided in Section 12 (Third-Party and External Services). ============================== 20. COMMUNICATIONS ============================== 20.1 Electronic Communications By using the App, you consent to receive electronic communications from us, including notifications, updates, and promotional messages. These communications are part of your relationship with us. 20.2 Push Notifications The App may send push notifications. You can disable these in your device settings, but this may limit App functionality. 20.3 Opt-Out You may opt out of promotional communications, but you cannot opt out of service-related communications (e.g., account notifications, security alerts). ============================== 21. FORCE MAJEURE ============================== Licensor shall not be liable for any failure or delay in the performance of the Application resulting from events beyond its reasonable control, including but not limited to natural disasters, internet or infrastructure outages, cyber incidents, governmental actions, armed conflicts, labor disputes, or failures of third-party service providers. ============================== 22. SEVERABILITY AND WAIVER ============================== 22.1 Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 22.2 Waiver Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. ============================== 23. ENTIRE AGREEMENT ============================== These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, understandings, and communications, whether written or oral. ============================== 24. GOVERNING LAW AND DISPUTE RESOLUTION ============================== 24.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. If you are a consumer residing in a member state of the European Union, Switzerland, Norway, or Iceland, you may also benefit from any mandatory provisions of the laws of your country of residence. 24.2 Jurisdiction To the extent permitted by applicable law, any disputes arising out of or relating to these Terms or the use of the Application shall be subject to the jurisdiction of the competent courts of Winterthur, Switzerland. Nothing in this section limits any rights that consumers may have to bring claims before the courts of their country of residence where required by applicable consumer protection laws. 24.3 Dispute Resolution Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations. If a dispute cannot be resolved within thirty (30) days, either party may pursue resolution through the competent courts or, where mutually agreed, through arbitration administered by the Swiss Arbitration Centre. 24.4 Class Action Waiver To the extent permitted by applicable law, disputes must be brought on an individual basis and not as part of any class, collective, or representative proceeding. 24.5 Exclusion of UN Convention The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement. ============================== 25. CONTACT INFORMATION ============================== If you have questions, complaints, or claims with respect to the Licensed Application, please contact us at: Developer: Andrea Vaiuso Address: St. Gallerstrasse 73, 8400 Winterthur, Switzerland Telephone: +41 79 238 41 08 Email: vaiu-app-assistance@outlook.com ============================== 26. THIRD-PARTY BENEFICIARY ============================== You and Andrea Vaiuso acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. ============================== 27. ACKNOWLEDGMENT ============================== BY USING MOTORHUB, YOU ACKNOWLEDGE THAT: a) You have read and understood these Terms; b) You agree to be bound by these Terms; c) This EULA is concluded between you and Andrea Vaiuso only, and not with Apple Inc.; d) Andrea Vaiuso, and not Apple Inc., is solely responsible for the Licensed Application and its content; e) You understand that your use of the Application is subject to our Privacy Policy; f) You understand that we have the right to suspend or terminate your account in accordance with Section 6 of these Terms; g) You understand that marketplace transactions and user-organized events occur at your own risk; h) You understand that the Application may contain user-generated content and that we do not guarantee the accuracy or reliability of such content; i) You understand that we are not liable for data loss, service interruptions, or other technical issues as described in this Agreement; j) You acknowledge that your use of the Application and any services provided through it is at your own risk; k) You acknowledge that certain features of the Application may rely on third-party services subject to separate terms and policies; l) You acknowledge that by submitting User Content you grant the licenses described in Section 7 of this Agreement; m) You agree to comply with all applicable laws and regulations when using the Application; n) You represent and warrant that you have the legal capacity and authority to enter into this Agreement. ============================== END OF END-USER LICENSE AGREEMENT Link to Privacy-Policy: https://motorhub-backend.andreavaiuso.workers.dev/privacy-policy Last Updated: March 14, 2026 Version: 1.3