Privacy Policy
Overview
This privacy policy discloses the privacy practices for MotoLink(TM) Smart Device Software Application by MotoLink LLC. This privacy policy applies solely to information collected by this application (“App” or “app”) and the choices you can make about the way information is collected and used. This policy notifies you of the following:
- What information is collected from you while using this app, how it is used, and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How updates to this privacy policy will be communicated to you.
Information Collection, Use, and Sharing
All data collected through our Application is the property of MotoLink LLC, the terms of Information Collection, Use, and Sharing may be changed with Notice at any time.
Information Collection & Use
We may collect various vehicle and riding data, in addition to other applicable information, to help improve our products and services, including but not limited to:
- Vehicle year, make, and model;
- VIN;
- Supported parameters, protocols and standards;
- Application version; and/or
- Application usage information, including screen usage and error reports.
We may collect the following information primarily for device registration purposes and customer contact for announcements or changes in terms:
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- MotoLink Device Information: serial number, name, firmware ID, hardware ID, and device summary;
- Smart Device Information: ID, brand, hardware, host, manufacturer, model, product, system version, and system name; and
- Your first name, last name, email address, and country.
For debugging and troubleshooting purposes, we may ask you to send a debug log from the application. The information in the debug log is solely used to help address the problems that you are having with the app. If you choose to send the debug log, the following information is collected:
- Application name and version;
- MotoLink™ communications, which includes information about your adapter device and vehicle;
- Your email address;
- Device ID and system version; and
- Any error messages that may have occurred while you were using the application.
We may collect all the above outlined information for other purposes including but not limited to collaboration with our partners, and to improve overall user experience.
Information Sharing
All information collected may be shared with 3rd parties, to help improve our products and services, develop future products, and other purposes not listed, however all information shared shall be anonymized data only. This means we will never share any personal identifying information of our Users, except as otherwise expressly indicated.
Your Options for Information Collection
If you believe that any information we are holding is incorrect, you may contact us at any time, and we will correct any information that is found to be incorrect.
Security
We take precautions to protect your information. When sensitive information is submitted via the app, the information is protected both online and offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way.
While we use encryption to protect sensitive information transmitted to us, we also protect your information offline. The computers/servers in which we store the collected information are kept in a secure environment.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page. In addition, you will be required to accept any changes prior to using our App.
MotoLink LLC V1.2
March 2019
- Governing Law. This License Agreement is governed by and construed in accordance with the internal laws of the state of New York without giving effect to its conflict of law principles or rules. The venue and jurisdiction for all disputes arising under this License Agreement shall be exclusively in a court of competent jurisdiction in New York and New York law shall govern all such disputes, all Parties submit to personal jurisdiction in New York.
- Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
- No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Licensor:
MotoLink LLC
www.motolink.net
WARNING
ATTEMPTING TO OPERATE A MOBILE PHONE, ELECTRONIC DEVICE, AND/OR TOUCHSCREEN DEVICE WHILE OPERATING A VEHICLE IS DANGEROUS AND IS NOT RECOMMENDED. MANY FUNCTIONS OF THIS APPLICATION ARE NOT INTENDED FOR USE WHILE DRIVING. DO NOT ATTEMPT TO ENTER INFORMATION OR NAVIGATE THIS APPLICATION WHILE DRIVING. DOING SO CAN RESULT IN SERIOUS INJURY, DEATH, OR DAMAGE TO PROPERTY, AND COULD BE UNLAWFUL.
MANY FEATURES OF THIS APPLICATION ARE MEANT FOR DIAGNOSTIC PURPOSES ONLY. WE STRONGLY RECOMMEND THAT YOU DO NOT INITIATE A CONNECTION TO THE VEHICLE WHILE THE VEHICLE IS IN MOTION. WE STRONGLY RECOMMEND THAT YOU DO NOT PERFORM DIAGNOSTICS FUNCTIONS WHILE THE VEHICLE IS IN MOTION.
IF YOU IGNORE THIS WARNING, YOU DO SO AT YOUR OWN RISK AND EXPRESSLY AGREE TO NOT HOLD MOTOLINK LLC LIABLE FOR ANY CONSEQUENCES.
LICENSE AGREEMENT Version 1.2, March 2019
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE MOTOLINKÔ SMART DEVICE SOFTWARE APPLICATION AND COMPUTER PROGRAMS CONTAINED THEREIN IN MACHINE-READABLE, OBJECT CODE FORM ONLY (HEREAFTER REFERRED TO AS “APPLICATION” AND/OR “APP” AND/OR “SOFTWARE”) AND THE HARDWARE DEVICE(S) WITH ACCOMPANYING USER DOCUMENTATION (HEREAFTER REFERRED TO AS “DEVICE(S) W/DOCUMENTATION”) (HEREAFTER MOTOLINKÔ SMART DEVICE SOFTWARE APPLICATION AND USER HARDWARE DOCUMENTATION COLLECTIVELY REFERRED TO AS "PLATFORM").
THE PLATFORM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY CLICKING THE ACCEPT BUTTON OR INSTALLING, LOADING, OR OTHERWISE USING THIS PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT CONTINUE USING THE PLATFORM AND SHOULD NOT ACCEPT THIS AGREEMENT.
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PLATFORM BETWEEN YOU AND CREATOR OF THE SOFTWARE MOTOLINK LLC (HEREAFTER REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
- License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Platform including the Software and Device(s) w/Documentation, only as authorized in this License Agreement. The Software may be used only on devices owned, leased, or otherwise controlled by you.
- Restrictions on Use. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software or Device(s) w/Documentation. You may not attempt to derive the source code, code structure, program architecture, or algorithms of the Software. You agree that you may not link, build against, or include any of the binaries, assemblies, or libraries included with the Software in any other application or utility. No copies of the Platform or any portions thereof may be made by you or any person under your authority or control. You may not modify or create any derivative works of the Platform.
- Licensor's Rights. You acknowledge and agree that the Software and Device(s) w/Documentation are proprietary products of Licensor protected under copyright law. You further acknowledge and agree that all right, title, and interest in and to the Platform, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Platform, but only a limited right of use revocable in accordance with the terms of this License Agreement. The Licensor reserves the right to anonymously track and report your activity regarding usage of the Product and vehicle statistics in its sole discretion. Licensor is the sole owner of all data collected by the Software and Device(s) w/Documentation with full rights of transfer.
- License Fees. There are no license fees paid by you. Rather, the purchase price of the complete diagnostic kit is in consideration of the licenses granted under this License Agreement.
- Term. This License Agreement is effective upon loading the Platform and shall continue until terminated. You may terminate this License Agreement at any time by uninstalling the Software and deleting all copies thereof and extracts therefrom to Licensor. If applicable per the terms of purchase and applicable return options (if any) you may also return the Device(s) with Documentation. Continued use of the Device(s) with Documentation shall be considered revocation of your License Agreement termination and acceptance of then current terms. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to uninstall the Software and to delete all copies thereof and extracts therefrom, in addition Licensor may remotely sever your access to Software upon breach.
- Indemnification. You agree to indemnify, hold harmless, and to defend the Licensor from any and all costs, damages and reasonable attorney fees resulting from any breach of this agreement or claims that use of the Device(s) with Documentation or Platform has injured or otherwise violated any right of any third party or violates any law.
- Disclaimer of Warranty. THE PLATFORM CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR (IF ANY) FOR THE USE OF THE PLATFORM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF IMPROPER OR IMPRUDENT USE OF THIS PLATFORM, INCLUDING USING THE SOFTWARE WHILE DRIVING OR OPERATING A VEHICLE.
- Data Usage. The Platform contains features and functions that may result in data usage through an active internet connection. Depending on your mobile data plan, your mobile carrier may charge you for the data use. The Licensor is in no way responsible for any charges related to mobile data usage incurred while using the Platform.
- Privacy Policy. Usage of the Platform indicates your agreement with the terms of the Privacy Policy. The following Privacy Policy for the Platform may be changed at any time with Notice, it is available on the Settings page within the Software and you will be required to accept new terms when changes are made in order to use the Software, in addition, we will have the up to date Privacy Policy on our website.