If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent and you agree your registration data is current, complete, and accurate. This Agreement will commence on the date that you complete the registration of your account (the "Effective Date").

1.   DEFINITIONS

1.1 “Company” refers to IMMOTOR LLC

1.2 "IMMOTOR GO" defines the ‘personal electric scooter’ manufactured by IMMOTOR for use by its customers to ride and use in accordance with the terms of this Agreement.

1.3 "Content" means any IMMOTOR or other content, including but not limited to photographs, caricatures, illustrations, designs, icons, articles, text, GIFs, audio clips and video clips.

1.4 "You" refers to a person or entity that has purchased the IMMOTOR GO and/or downloaded the Application or software.

1.5 "Website" means the IMMOTOR website, currently located at http://www.immotor.com.

2.   DELIVERY OF APP/SOFTWARE

You will download and install the Company App from the Apple or Google App stores. During the term of use, Company may, in its sole discretion, notify you that it has released an updated version of the App (the "Updated App"). Upon your receipt of such notification, you agree to download the Updated App and to use the Updated App instead of the prior version. Any Updated App will also be considered "Software or App" for purposes of this Agreement.

3.   LIMITED LICENSE

Company grants you a limited, non-exclusive, non-transferrable, revocable license to use the Company App for your personal non-commercial purposes. You may only use the Company App on an android or apple device that you own or control and as permitted by the Apple or Google App Store Usage Rules and Terms of Service.

4.   RESTRICTIONS ON USE

You shall use the App strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application: (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application: (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application: (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark ) of Company or its affiliates, partners, suppliers or the licensors of the Application: (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended: (f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer: (g) make the Application available over a network for use by multiple devices: (h) use the Application for creating a product, service or software that is, directly or indirectly, competitive with the Application: (i) use the Application to send automated queries to any website or to send any unsolicited commercial email: (j) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

5.   INFRINGEMENT ACKNOWLEDGEMENT

You and Company acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party’ intellectual property rights, You (and not the Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such claim.

6.   MODIFICATIONS TO APPLICATION

Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

7.   SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

8.   AMENDMENTS TO THIS AGREEMENT

Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

9. TERMINATION

Company may, in its sole and absolute discretion, at any time and for any reason or no reason, suspend, terminate this license and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of the license, then this license and any rights afforded to you hereunder shall terminate automatically, without any notice or action by Company. Upon termination of this license, You shall cease all use of the Application and uninstall the Application.

This Agreement shall remain in effect until terminated by You or the Company.

10. WARRANTY

The Company App is provided for free on an “as is” and “as available” basis and that your use of or reliance upon the Application and any third party content and services accessed thereby is at your sole risk and discretion. As such, Company disclaims all warranties about the Application to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Company, not Apple or Google should be solely responsible for such warranty.

11.   LIMITATION OF LIABILITY

Under no circumstances shall Company or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Application and any third party content and services. Whether or not the damages were foreseeable and whether or not Company was advised of the possibility of such damages. Without limiting the generality of the foregoing, Company’s aggregate liability to you shall not exceed the amount of fifty dollars ($50). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

12.   RIDE LIABILITY RELEASE

I, FULLY UNDERSTAND that: (a) RIDING AN IMMOTOR GO INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING BUT NOT LIMITED TO BROKEN LIMBS, KNEE OR ELBOW INJURIES, DEEP CUTS), PERMANENT DISABILITY, PARALYSIS AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions, inactions, the actions or inactions of others, environmental conditions, stationary and moving objects in or about the road,  and other  known and unknown conditions or about the area of the Ride; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES and do hereby release Company resulting from of my participation or that of the minor for whom I am signing.

I, ALSO ACKNOWLEDGE, agree, and represent that I understand the nature of scooter activities, I am 18 years of age or older, I am qualified and understand how to use a scooter, and I am in good health and proper physical condition with no known medical conditions or disabilities that would prevent participation riding the IMMOTOR GO. I acknowledge that I have been told that I reserve the right to use a helmet and other protective gear, however, in the event that no protective gear or helmet is used, I have made this decision at my own free will and accept all liability resulting therefrom given the risks state above. I further agree and warrant that I will not operate the IMMOTOR GO in a manner that is unsafe or in a manner that creates unsafe conditions for myself or any third party. If, at any time, I believe conditions to be unsafe, I will immediately discontinue further use of the IMMOTOR GO.

I, HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE IMMOTOR, LLC its agents, their administrators, directors, agents, representatives,  officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the IMMOTOR GO use takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES INCURRED related to the RISKS, WHETHER OR NOT THE DAMAGES ARE  CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES", AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.

I, ACKNOWLEDGE that all provisions of this Agreement, including the provisions of this Section 4, shall be subject to and shall be enforced and construed pursuant to the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach of the terms and conditions hereof, including, but not limited to, controversies and claims arising out of or relating to the non-payment of any sums allegedly due hereunder, shall be resolved in Irvine, Orange County, California, U.S.A. by BINDING arbitration pursuant to the rules of the American Arbitration Association. The judgment upon award of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction. The judgment of the arbitrator may be upheld in the state and federal courts located in Orange County, California. Each party shall bear its own costs, expenses and attorney fees in connection with any such dispute or proceeding. No Arbitrator may make an award of attorney fees or costs.

13. PRIVACY POLICY

I, ACKNOWLEDGE and understand that my email address when signing this waiver may be used occasionally by Company only to send me marketing materials about the Company or the IMMOTOR GO and that I may be able to opt out at any time.

This privacy policy informs You of our policies regarding the collection, use and disclosure of Personal Information we receive from You from this Site.

The Company collects your location data from time the IMMOTOR GO is turned on until it is turned off. The Company does this to enable location based services as part of the features of the IMMOTOR GO and its Application. The Company’s informs You to ensure your anonymity is protected when and where it is expected and provide you with transparency when required.

We use your Personal Information only for providing and improving the APP. By using the App, you agree to the collection and use of information in accordance with this policy.

Like many site operators, we collect information that your browser sends whenever you visit our Site or use our APP ("Log Data"). This Log Data may include information such as your computer's or mobile devices Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that You visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this.

The IMMOTOR GO does contain GPS (Global Positioning Systems) tracking and may collect (limited) overall distance travelled by the device. In addition, IMMOTOR may collect important tracking information during any customer service discrepancy between customer and IMMOTOR over device use, distance or whereabouts. This information will only be used to help resolve the customer service discrepancy and YOU allow the COMPANY to review and use this GPS tracking information for this purpose only.

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site or App.

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

This Privacy Policy is effective as of ​the latest update and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT (INCLUDING MY RIGHT TO TRIAL BY JURY), AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.