MotoPin is a motorcycle ride-safety app. A rider starts a ride in the app, and the people they designate as emergency contacts ("Guardians") can be notified — by push notification and/or SMS — when the ride ends safely, when the rider triggers an SOS, when a possible crash is detected and the rider is unresponsive, or when a ride ends unexpectedly without a check-in. Guardians who install the app can also view the rider's live location during a ride and send quick messages.

We may add, change, suspend, or remove features of the Service at any time.

You acknowledge and agree that:

• MotoPin does not summon help. Alerts go only to the Guardians the rider selected — never to 911, dispatch centers, or emergency responders.
• Alerts may fail, be delayed, or be inaccurate. Delivery depends on many factors outside our control, including your device, battery, GPS signal, cellular or Wi-Fi coverage, operating-system permissions and power-saving modes, Apple's push notification service, SMS carriers, and our third-party messaging providers. Any of these can delay, block, or drop an alert entirely.
• Crash detection is automated and imperfect. It infers a possible crash from speed and location patterns. It may fail to detect a real crash, and it may report a crash that did not happen (a false alarm).
• Location data may be wrong. GPS positions can be inaccurate, stale, or unavailable, especially in tunnels, garages, remote areas, or bad weather.
• Guardians may not respond. We do not guarantee that any Guardian will receive, read, or act on any alert.
• SMS requires consent. Guardians receive SMS alerts only after confirming opt-in, and an opted-out or unconfirmed Guardian receives no SMS at all (see Section 6).

You agree not to rely on the Service for emergency communications and that you use it only as a supplement to — never a replacement for — common sense, safe riding, and contacting emergency services directly.

You must be at least 18 years old (or the age of majority where you live) to create a rider account. By using the Service you represent that you meet this requirement, that you hold any licenses required to operate your vehicle, and that you are not barred from using the Service under applicable law. The Service is intended for users in the United States.

You register with your mobile phone number. You agree to provide accurate information, keep it up to date, and keep your device and account secure. You are responsible for all activity under your account. Notify us at support@oxigenic.com if you believe your account has been compromised. We may suspend or terminate accounts as described in Section 20.

When you add a Guardian, you give us that person's name and mobile phone number so we can invite them and deliver alerts about your rides. You represent and warrant that:

• you have that person's permission to share their phone number with us for this purpose;
• the number is accurate and belongs to the person you intend; and
• you understand each Guardian must separately confirm by replying YES to our opt-in text before they receive any SMS alerts, and that they may decline or opt out at any time.

You are solely responsible for choosing appropriate Guardians and keeping your Guardian list current. We are not responsible for alerts sent to a number you entered incorrectly.

The MotoPin Safety Alerts messaging program sends transactional safety alerts only — never marketing. Consent to receive messages is collected directly from each recipient as described on our SMS Consent & Opt-In page. Message frequency varies with ride activity. Message and data rates may apply. Reply STOP to any message to opt out, START to opt back in, and HELP for help. Consent to messaging is not a condition of purchasing anything. Wireless carriers are not liable for delayed or undelivered messages.

The Service's core features require access to your device's precise location, including in the background during an active ride. If you disable location permissions, restrict background activity, or your device cannot obtain a GPS fix, the Service will not work as intended — rides may be marked abandoned, alerts may carry stale locations, and crash detection may not function. During an active ride, your location is shared with your Guardians. See our Privacy Policy for how location data is handled.

Motorcycling and other vehicle operation are inherently dangerous activities that can result in serious injury or death. MotoPin does not make riding safer, prevent accidents, or reduce the risks of riding. You assume all risks associated with operating your vehicle. You agree not to interact with the app while operating a vehicle and to comply at all times with traffic laws, including laws on device use while driving.

You agree not to:

• trigger false SOS alerts or otherwise misuse safety features;
• use the Service to harass, threaten, stalk, or track any person without their knowledge and consent, or to monitor anyone who has not agreed to be a Guardian relationship participant;
• add a person as a Guardian without their permission, or enter phone numbers you are not authorized to use;
• send abusive or unlawful content through quick messages or any other feature;
• interfere with, probe, reverse engineer, scrape, or disrupt the Service or its security measures, or access it by any automated means;
• impersonate any person or misrepresent your affiliation; or
• use the Service in violation of any applicable law.

Some features may be offered for a fee, including auto-renewing subscriptions purchased through Apple's App Store. Prices and features will be shown before you buy. Payments, renewals, cancellations, and refunds for App Store purchases are handled by Apple under Apple's terms — you can manage or cancel subscriptions in your App Store account settings, and cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable. We may change pricing or paid features prospectively with notice.

You may submit content to the Service, such as ride notes, contact and vehicle details, and photos ("User Content"). You retain ownership of your User Content. You grant Oxigenic a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your User Content solely to operate and improve the Service — for example, showing your name and location to your Guardians during a ride. You represent that you have the rights needed to submit your User Content and that it does not violate any law or third-party right.

The Service, including its software, design, text, graphics, and trademarks (including "MotoPin"), is owned by Oxigenic or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on your own devices for its intended purpose. No other rights are granted. If you send us feedback or suggestions, we may use them without restriction or compensation.

The Service depends on third-party services we do not control, including Apple (App Store, push notifications), Google (Firebase infrastructure, map links), SMS providers and wireless carriers. Their performance, outages, and policies are outside our control, and your use of their services may be subject to their own terms. Links to third-party content (such as map links in alerts) are provided for convenience only.

Our Privacy Policy explains what information we collect and how we use and share it. By using the Service you agree to the Privacy Policy.

To the maximum extent permitted by law, the Service is provided "as is" and "as available," with all faults and without warranty of any kind. Oxigenic and its licensors disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, accurate, or error-free, or that any alert, notification, message, crash detection, or location report will be generated, delivered, received, or acted upon. No advice or information obtained from us or the Service creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

To the maximum extent permitted by law: (a) Oxigenic, its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of life, personal injury, property damage, lost profits, or lost data, arising out of or relating to the Service or these Terms — including any failure, delay, inaccuracy, or non-delivery of any alert, message, crash detection, or location report — whether based in contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages; and (b) Oxigenic's total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of one hundred U.S. dollars ($100) or the amounts you paid to Oxigenic for the Service in the twelve (12) months before the event giving rise to the claim.

You acknowledge that the Service's pricing reflects this allocation of risk and that the Service would not be provided without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you; in that case liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless Oxigenic and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms or any law; (c) your User Content; (d) your providing any person's phone number or information without their permission; or (e) your operation of any vehicle.

Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

Informal resolution first

Before filing a claim, you agree to contact us at support@oxigenic.com with a written description of the dispute and give us 30 days to try to resolve it informally.

Binding arbitration

Except as stated below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitration will be held in New York, New York, or at your election conducted remotely or in your home county. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury waiver

You and Oxigenic each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or other representative proceeding. Disputes may be brought only in an individual capacity.

Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or the Service's security.

Opt-out

You may opt out of this arbitration agreement by emailing support@oxigenic.com within 30 days of first accepting these Terms, stating your name, phone number, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Severability of this section

If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder of this section stays in effect.

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of New York, without regard to conflict-of-laws principles. For any matter not subject to arbitration, you and Oxigenic consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

You may stop using the Service and delete your account at any time from within the app or by contacting support@oxigenic.com. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you violated these Terms, created risk or legal exposure for us or others, or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 11–19) survive.

We may update these Terms from time to time. If we make material changes, we will provide notice — for example, in the app or by message — and update the effective date above. Changes take effect when posted unless stated otherwise, and your continued use of the Service after they take effect constitutes acceptance. If you do not agree to updated Terms, stop using the Service.

These Terms, together with the Privacy Policy and the SMS Consent & Opt-In page, are the entire agreement between you and Oxigenic regarding the Service. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any partnership, employment, or agency relationship. We are not liable for delays or failures caused by events beyond our reasonable control.

Oxigenic Inc. — MotoPin
Email: support@oxigenic.com