PLEASE READ THE TERMS AND CONDITIONS OF USE OF THIS DOCUMENT BEFORE SELECTING THE "ACCEPT" BUTTON ON THE APP.
THE SELECTION OF THE BUTTON "ACCEPT" WILL RESULT IN THE FULL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
AVOIDING THE SELECTION OF THE BUTTON "ACCEPT" OR THE SELECTION OF BUTTON "DECLINE" WILL CAUSE THE INTERRUPTION OF THE PROCEDURE TO ACCESS THE APP "¬MOTO GUZZI" AND ITS CONTENT, AS THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL BE CONSIDERED AS NOT ACCEPTED.
THE ACCESS TO THE APP "MOTO GUZZI" BY THIRD PARTY USERS DETERMINES YOUR ACCEPTANCE OBLIGATION TO INFORM THIRD PARTY USERS OF THE APPLICATION, EVEN IN RESPECT OF THEM, OF CONTRACTUAL TERMS CONTAINED HEREIN.
The terms and conditions of use contained in this document constitute the non-exclusive, revocable, non-transferable License Agreement between Piaggio & C. S.p.a. based in Viale Rinaldo Piaggio n. 25, 56025 Pontedera (PI), Italy and the group of affiliates having Piaggio & C S.p.A. as parent company (“Piaggio Group”) and the User, regarding the use of the application called " MOTO GUZZI (hereinafter "App MOTO GUZZI") and the services and products made available through these platforms.
1. SERVICES. ACTIVATION AND SENDING DATA
Through the App MOTO GUZZI the User will be entitled to access to a series of general technical contents, some of which will only be available upon connection by the User of the smartphone to the wireless device installed on the vehicle. In order for the User to have full access to the services mentioned in this paragraph it is necessary to meet the following conditions:
- MOTO GUZZI vehicle must be provided of a BT-ROUTER device, as standard equipment or installed as an accessory;
- pairing of the mobile device to the vehicle;
- connection of a mobile device to the vehicle MOTO GUZZI;
- registration of user name and password (se section ‘Registration’).
The above mentioned conditions allows the App MOTO GUZZI to provide the User with the following features:
- recording of the vehicle statistics;
- visualization of real time vehicle data;
- vehicle services reminder;
- possible malfunction warnings.
In order to access the features, the user accept to provide Piaggio Group with the following mandatory data:
- First Name
- Last Name
In case the user profile is voluntary updated, when provided, also the following data will be sent to Piaggio Group:
- Date of birth
- Driving license
- Profile picture
Regarding the vehicle info, any data inserted or automatically filled in the ‘my vehicle section’ will be sent to Piaggio Group and, in particular:
- Vehicle name
- Production year
- Total km
- Last service check
- Vehicle picture
PIAGGIO may use the data collected in anonymous form for statistical analysis and continual improvement of its product.
Some global statistics of your vehicle are stored locally on your mobile device.
In particular, the following statistics are calculated and stored only when the MOTO GUZZI app is connected through Bluetooth to the vehicle:
- Average speed of the vehicle during the trip
- Average consumption of the vehicle during the trip
- Distance traveled during the trip
- Start date and duration of the trip
The registration of user name and password is necessary to access any kind of content provided by the app and by accessing the App MOTO GUZZI, for the use of the Services, the User understand and acknowledge to have fully read and fully understood these Terms and Conditions, accepting its entire binding contents. In the event that the User fails to understand the content of the Terms and Conditions or is unwilling to accept the terms and conditions, the User will not be able to use the App MOTO GUZZI and its services. The App MOTO GUZZI (excluding linked sites or accessible through links, banners, etc.) are the property of Piaggio Group.
The information you provide must be truthful and complete and any update is under your responsibility. Your access credentials must be protected from any possible misuse and, in case, you should communicate promptly to Piaggio about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the application.
The services provided by the App, which can be used by the User, can be activated or deactivated freely, in particular by taking advantage of the possibility of wireless connection (Bluetooth, registered trademark owned by Bluetooth SIG, Inc.) of your device (smartphone) Android or Apple to the MOTO GUZZI motor vehicle equipped with a connectivity module, the GPS geo-location system present on the device and the connection to the data traffic of the device, through the App, among the various functionalities, will be possible for the User:
- use a service to calculate the routes made thanks to geo-location data;
- take advantage of an information service on the location of MOTO GUZZI dealers and workshops based on your geographical location (dealer locator)
- record some parameters related to driving
NOTE: the User is warned that the data recorded by the App may not always be correct and / or corresponding to those indicated by the dashboard of the vehicle;
- take advantage of the community features that will allow the User to share their routes, and vehicle data;
- configure some settings of the vehicle such as the clock time (the feature depends on the specific model of MOTO GUZZI you are connecting with).
- enable the turn by turn navigation function of the MOTO GUZZI dashboard (available only on specific models and if the service is active)
NOTE: it is always necessary to check that the settings via the App have been set correctly through the dashboard of the bike. PIAGGIO assumes no responsibility for any incorrect configuration of the riding parameters and / or dashboard through the App;
- receive information on the needs of maintenance of the motorcycle, scheduled maintenance interventions, on possible vehicle problems, identify the nearest MOTO GUZZI dealer, consult usage and maintenance manual.
2. INFORMATION AND DATA TRANSMISSION
The User expressly authorizes Piaggio Group to use, keeping always the basis of anonymity, any information, documents, data or material transmitted through the App by the User, also with reference to his own person (geographical position, geographical position of the vehicle MOTO GUZZI associated with the application, operating data of the MOTO GUZZI associated with the application, City of residence, email address, name, surname), without possibility for the User to make any claim, also the guaranteeing Piaggio Group that the use of such information, data, documents and materials is not detrimental to the rights of third parties or violate any law or regulation.
Piaggio Group is not responsible for the information, data and materials submitted by the User while accessing the App MOTO GUZZI, the utilization of its contents, and is not required to make any checks and / or preventive control of the same, nor is obliged to monitor them or assume any responsibility for the truthfulness, correctness, completeness, accuracy or legality of such data and information of which the User, therefore, assumes the broadest responsibilities. Piaggio Group anyway reserves the right to edit or delete, without notice and at any time, at its discretion, any data or information about the User stored on this App and then transmitted by the User.
The information contained on the App are acquired for the sole purpose of providing technical information of a general nature, its accuracy and completeness are not guaranteed. In no case Piaggio Group , nor his staff, is liable for any loss, damage and / or costs resulting from access to, or use of the App or any other site connected to them, including, without limitation, any loss of profit, indirect, incidental or consequential damages.
Piaggio Group reserves the right to make on discretionary basis, without prior notice, changes and corrections to the App and their contents.
The User is responsible for obtaining (at his/her own cost) all necessary software and/or computing and/or digital instruments and/or equipment and/or telecommunications’ services required to access the MOTO GUZZI APP, including data connection from User’s mobile device. In addition, the User is responsible for ensuring that no person uses his/her software and/or computing and/or digital instruments and/or equipment and/or telecommunications’ services to access the APP MOTO GUZZI without the User’s permission.
The use of the APP MOTO GUZZI is subject to the User’s registration on it. The User may do so by creating a profile on the MOTO GUZZI APP by inserting his/her personal data as required by the registration form rendered available on the registration page of the MOTO GUZZI APP.
In registering, the User may choose to either use the User login credentials as made available to him/her on the Selected Social Networks (email and password) by using said Selected Social Networks’ connect features (the “Selected Social Networks’ Connect Features”) or create new login credentials for the MOTO GUZZI APP and insert a new username (User’s email address) and choose a password. Piaggio Group reserves the right to refuse to accept any username and/or password deemed to be inappropriate. Piaggio Group may at any time and for any reason refuse to accept a registration from any person.
After completion of the registration form and submission of it to Piaggio Group, the registration process and creation of the User’s profile on the MOTO GUZZI APP requires the User to confirm such registration by using a confirmation URL transmitted to the User via email at the email address indicated in the User’s login credentials.
Registration on the MOTO GUZZI APP is free of charge.
Registration on the MOTO GUZZI APP is intended solely for Users who are 16 years of age or older. By registering on the MOTO GUZZI APP represent and warrant that the User is at least 16 years old.
4. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights, including, without prejudice to the generality of the foregoing, texts, still or moving images, graphics, or audio-visual, photographs, databases, documentation, as well as the way the contents are presented and created, as well as trademarks, logos, slogans and / or other intellectual property rights and industrial indicated, represented and used the App MOTO GUZZI are the exclusive property of Piaggio Group, or are legitimately used on this license holder of the corresponding rights and are protected by Italian and international laws regarding intellectual and industrial property to which it is forbidden any use, without the prior written consent of the owner. None of the elements of the App MOTO GUZZI should be construed as granting the User the license or the right in or in connection with any trademarks, patents or other intellectual property rights and industrial Piaggio Group.
It is forbidden any reproduction, even partial of the App MOTO GUZZI if not for personal use, being prohibited any use of the App MOTO GUZZI or projection in public places. No reproduction of the App MOTO GUZZI or its parts can be sold or distributed or used for commercial or informative, altered or included in any other website, work or publication, whether printed or electronic, including the hypothesis of posting to any other website.
Any other use is considered prohibited and severely detrimental to the rights of Piaggio Group that, in case of violation, reserves the right to protect its own interests with the competent authority.
The User agrees not to use, enter into a system, manipulate, install or implement the App MOTO GUZZI and software programs they are made, in whole or in part, in such a way as to cause blurring, modification, deletion, obscuring, altering or dimming of vision of any brand, designation, presentation or other sign of intellectual property that appear on computer screens normally generated by, software programs.
Trademarks and logos in the App MOTO GUZZI are the exclusive property of Piaggio Group or are legitimately used under license from the owner of such rights. Unauthorized use, as well as the reproduction of any brand and / or logo on the App MOTO GUZZI content is prohibited and severely damaging to the rights of Piaggio Group that, in case of violation, reserves the right to protect its own interests before the competent authority.
5. USER’S CONTENTS AND USE
By using the App MOTO GUZZI the User agrees that he/she will not generate and/or share any content related or directly generated by the App MOTO GUZZI that explicitly or implicitly:
- is defamatory, abusive, harassing, threatening, hateful, violent, racially or otherwise offensive vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harming any person or entity;
- without limiting the generality of the foregoing, is offensive to any religion, faith, political opinion or any religious or political institution, party or faction, constitutes or may constitute religious or political propaganda, expresses views or opinions or represents or contains imagery that are offensive to any race or gender or otherwise contain racism or an apology of the inferiority or superiority of gender, race, people or culture as compared to other, or are contrary to the public order, public morality, public decency or otherwise offensive to Piaggio Group;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including criminal activity;
- infringes or otherwise violates any right of any third party, including intellectual and/or industrial property rights, copyrights, personality rights, privacy rights, property rights, or other proprietary or contractual rights, including confidentiality obligations, as well as these APP Terms and Conditions;
- Piaggio does not claim ownership in your content and sending any content does not transfer ownership of rights about it to Piaggio, nor Piaggio has any responsibility about editorial control. By submitting content to Piaggio, you grant Piaggio a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the content or incorporate the content into other works.
- You are responsible for saving backup copies of the content and data you store in the app or send to Piaggio because they can be permanently deleted in case of cancelation or discontinuation of the Services. Piaggio has to send back your data if the Services are discontinued or canceled.
6. PRODUCTS AND / OR SERVICES
It is understood that any reference to the App MOTO GUZZI content products and / or services do not generally constitute, or be construed as, an offer to sell or supply, and the images of products, as well as the ways in which the same are presented in the App MOTO GUZZI have informational purposes only and do not bind in any way the user to the relevant purchase.
The usage of the Services may be or may become subject to charges: such charges will be communicated in connection with the Services through push notifications provided by the app and/or emails sent to your registered and verified email address.
The usage of the Services may require data traffic through your service provider's network. Prices listed within the Service do not include any cost related to such data transmission or other charges issued by your network service provider and Piaggio assumes no responsibility about the payment of your service provider charges.
The turn-by-turn navigation feature for MOTO GUZZI GTS Supertech model is free of charge for three years from the first connection of the MOTO GUZZI app to the vehicle and expiration date is reported in the MOTO GUZZI app menu. The renewal will be managed by in-app purchase (Order) for additional three years duration and you will receive reminders by email, push notifications and specific messages from the app with instructions about how to manage the procedure.
ORDER AND PAYMENT TERMS
"Order" shall mean the selection of payable Content and/or subscription to Content offered by Piaggio and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Piaggio.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Piaggio will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Piaggio assumes no responsibility for the payment of bank or any other third party service fees or charges.
CANCELLATIONS AND REFUNDS
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform Piaggio within 48 hours that (a) the Content you have ordered is faulty; (b) the Content Piaggio delivers to you does not match the description of the Content you ordered via the Services; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by Piaggio. Otherwise, no refunds are available. If you encounter any of the above issues, please contact Piaggio Customer Service.
Please note that Piaggio may not be able to process your customer service request if you are unable to provide your transaction ID, which is provided to you by the Services or any platform linked to it such as the app stores following your Order from the Services. Piaggio may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
8. LINKED SITES
In various sections of the App MOTO GUZZI there may be links to other Internet sites deemed of interest for the User. This does not imply, in any case, that Piaggio Group is necessarily associated with the linked sites and / or to their owners, or that the other sites have been previously tested, approved and guaranteed by Piaggio Group. In any case, the Piaggio Group, nor its personnel can be held responsible in relation to linked sites or any information, data, program, material contained in them.
9. LIMITATIONS OF LIABILITY
No responsibility is assumed or can be attributed to Piaggio Group in any way related to or arising from the content of on the App MOTO GUZZI and from the use, or misuse, the User and third parties can do of the App MOTO GUZZI, even in relation to the possible presence of a virus or malware, deriving from access, downloading of files and data contained on the App MOTO GUZZI or on linked sites.
Consequently, Piaggio Group can not be held responsible, or otherwise be liable for damage or loss of any kind, including non-economic, that the User or third parties may suffer as a result of access to the App MOTO GUZZI, or as a result of use of services and / or products or software programs related to the App MOTO GUZZI. The use of the app while riding is subject to existing laws and regulations. The User therefore agrees to hold harmless, third-party providers and owners of the information contained by the product to any claim. The use of the App MOTO GUZZI is deemed at your own risk and is intended for entertainment only.
Piaggio Group, third party providers and owners of the information contained in the product, cannot be held responsible for any damage, of any amount, inflicted on persons and/or objects.
Piaggio Group assumes no responsibility for the completeness, accuracy or updating of the data displayed by the App MOTO GUZZI. In case of conflict between the indications given by the App MOTO GUZZI and those displayed by the instrumentation installed on your vehicle, you must consider as valid the latter ones only.
Concerning road information and turn-by turn indications, the user must always respect the traffic signs and, in general, the traffic rules, regardless of the instructions received by the dashboard and/or by the app.
The functions of the App MOTO GUZZI may use the internet connection of the mobile device where the App MOTO GUZZI is installed and the access to them may be limited of not possible if no internet connection is available. The cost of the service depends on the conditions agreed by the user with the Internet service provider and Piaggio Group cannot in any way be held liable for any costs associated with the use of the App MOTO GUZZI.
Some of the features of the product are subjected to the wireless connection of the mobile device with the wireless device installed on your vehicle. Piaggio Group reserves the right to modify at any time and without notice the content that can be accessed through the App MOTO GUZZI.
PIAGGIO expressly disclaims any representation or warranty that any particular function of the App MOTO GUZZI will be available. The Services may not be available in all Countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Services, you may need to download additional software or app components developed by PIAGGIO or by another party.
PIAGGIO may, in its sole discretion, change, correct or discontinue the Services in whole or in part. The Services may not be available during maintenance breaks and other times. To ensure you have the latest software and applications, your device may automatically check for the availability of software updates. If any are detected, you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If PIAGGIO considers a Software update to be important or critical you may not continue using the previous version of the Software and or be forced to update the software of some components installed on your MOTO GUZZI in one of the authorized Piaggio dealers.
Piaggio may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties. A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. PIAGGIO may significantly change any version of Service or Software or decide not to release a final version.
10. APPLICABLE LAW
Access the App MOTO GUZZI is technically possible from every Country in the world. Because each of them could be regulated with different laws than those governing this Terms and Conditions on the Italian territory, the User, in gaining access to the App MOTO GUZZI and its content, acknowledges and agrees that the Italian law is the only law applicable to this Terms and Conditions.
Without prejudice to the application of any mandatory rules concerning the jurisdiction and competence, all disputes arising in connection with this Agreement, including its interpretation, execution and resolution, will be regulated and defined, exclusively, by the Court of Milan (Italy), that shall have the exclusive jurisdiction.
For any question about the app and its content, contact Piaggio Group via the email address: firstname.lastname@example.org