Terms of Service

1. Eligibility

To use BikerOrNot, you must:

• Be at least 18 years of age.
• Reside in a jurisdiction where the Platform is available.
• Not be prohibited from using the Platform under applicable law.
• Not have a previously terminated BikerOrNot account due to a violation of these Terms.

By using the Platform, you represent and warrant that you meet all eligibility requirements. We may, at our sole discretion, refuse service, terminate accounts, or remove content if we believe eligibility requirements have not been met.

2. Account Registration

To access most features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information, including your first name, last name, zip code, and relationship status.
• Maintain and promptly update your account information to keep it accurate and current.
• Keep your password confidential and not share it with any third party.
• Notify us immediately at support@bikerornot.com if you suspect any unauthorized use of your account.

You are solely responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that provide inaccurate, false, or misleading information.

3. User Content

3.1 Content You Post

The Platform allows you to post, upload, and share content including text, photos, videos, and other materials (“User Content”). You retain ownership of any intellectual property rights you hold in your User Content.

3.2 License to BikerOrNot

By posting User Content on the Platform, you grant BikerOrNot a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, and distribute such User Content in connection with operating and improving the Platform.

3.3 Content Standards

You agree that you will NOT post User Content that:

• Is false, misleading, or deceptive.
• Is defamatory, obscene, pornographic, vulgar, or offensive.
• Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group.
• Violates or infringes any third party’s intellectual property, privacy, or other rights.
• Contains spam, chain letters, pyramid schemes, or commercial solicitation.
• Contains viruses, malware, or any other malicious code.
• Violates any applicable law or regulation.
• Harasses, bullies, intimidates, or threatens other users.

3.4 Content Removal

We reserve the right, but are not obligated, to review, screen, and remove any User Content at any time and for any reason, including content that we determine, in our sole discretion, violates these Terms or may be harmful to the Platform, its users, or third parties.

4. Community Guidelines

BikerOrNot is a community built for motorcycle enthusiasts. We expect all members to treat one another with respect. You agree to use the Platform in a manner consistent with all applicable laws and these Terms. Specifically, you agree not to:

• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Stalk, harass, or harm another user.
• Collect or harvest any personally identifiable information from the Platform without authorization.
• Use the Platform for any commercial solicitation, advertising, or spam without our prior written consent.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• Access or use the Platform in a way that could damage, disable, overburden, or impair our servers or networks.
• Use automated tools (bots, scrapers, crawlers, or similar technologies) to access or interact with the Platform without our prior written consent.
• Use content from the Platform to train, fine-tune, or otherwise develop artificial intelligence or machine learning models without our express written permission.

5. Social Features

The Platform provides social networking features including friend connections, direct messaging, commenting, content sharing, groups, and notifications. These features are provided to facilitate genuine community interaction among motorcycle enthusiasts. You agree to use these features responsibly and in accordance with these Terms.

We are not responsible for User Content shared via direct messages or posted by other users. If you receive content that you believe violates these Terms, please use our reporting tools to notify us. We also provide blocking tools to allow you to restrict unwanted contact from other users.

6. Privacy

Your privacy is important to us. Our Privacy Policy, incorporated herein by reference, explains how we collect, use, and protect your personal information. By using the Platform, you consent to the data practices described in our Privacy Policy.

Your profile information, including your name and general location (zip code area), may be visible to other registered users of the Platform. You can adjust your privacy settings from your account dashboard.

7. Electronic Communications

By creating an account on BikerOrNot, you consent to receive electronic communications from us, including notifications, account-related messages, and service announcements delivered via email, in-app notifications, or other electronic means. These communications may include:

• Account activity notices (e.g., friend requests, direct messages, post interactions, group invitations).
• Operational and security updates (e.g., account activity alerts, policy changes).
• Legal notices required by applicable law, including copyright infringement notices.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust notification preferences from your account settings, but certain operational and legal communications cannot be opted out of while you maintain an active account.

8. Intellectual Property

The Platform and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of BikerOrNot and its licensors. Our trademarks, logos, and service marks may not be used in connection with any product or service without our prior written consent.

If you believe that your copyrighted work has been infringed on the Platform, please refer to Section 9 below and our full DMCA Copyright Policy, or contact us at dmca@bikerornot.com.

9. Copyright Infringement and DMCA

BikerOrNot respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512. Our complete DMCA Copyright Policy is incorporated herein by reference.

9.1 Reporting Infringement

If you believe content on the Platform infringes your copyright, you may submit a written takedown notice via our online form or by emailing our designated DMCA agent at dmca@bikerornot.com. Valid notices must meet all requirements of 17 U.S.C. § 512(c)(3). Knowingly submitting a false infringement notice may expose you to liability under 17 U.S.C. § 512(f).

9.2 Counter-Notices

If you believe your content was removed as a result of mistake or misidentification, you may submit a counter-notice via our counter-notice form. Upon receipt of a valid counter-notice, we will forward it to the original complainant. Removed content may be restored no sooner than 10 and no later than 14 business days after receipt, unless the complainant files a court action (17 U.S.C. § 512(g)(3)).

9.3 Repeat Infringer Policy

In accordance with the DMCA, BikerOrNot has adopted a repeat infringer policy. Users who accumulate multiple valid copyright infringement strikes against their account may have their account suspended or permanently terminated at our sole discretion. We may also limit or terminate access for users who infringe the intellectual property rights of others, even in the absence of repeated violations.

10. Third-Party Links and Services

The Platform may contain links to third-party websites or services that are not owned or controlled by BikerOrNot. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

11. Disclaimers

The Platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

BikerOrNot does not warrant that: (a) the Platform will function uninterrupted, securely, or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall BikerOrNot, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Platform.
• Any conduct or content of any third party on the Platform.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our aggregate liability to you exceed the greater of one hundred dollars ($100) or the amounts paid by you to BikerOrNot in the past twelve (12) months.

13. Indemnification

You agree to defend, indemnify, and hold harmless BikerOrNot and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees), resulting from or arising out of: (a) your use of and access to the Platform; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at legal@bikerornot.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, you and BikerOrNot agree to resolve any claims through final and binding arbitration, except as set forth under the exceptions below. The arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules.

14.3 Class Action Waiver

You and BikerOrNot agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court, and either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent arbitration does not apply, you agree to submit to the exclusive personal jurisdiction of the courts located in Delaware for the resolution of any dispute.

16. Account Suspension and Termination

16.1 Suspension

We may temporarily suspend your account at any time, without prior notice, if we have reason to believe you have violated these Terms, your account has been compromised, or suspension is necessary to protect the Platform or other users. We will notify you of a suspension and the reason for it via the email address on file where reasonably practicable.

16.2 Termination by Us

We may terminate your account permanently, without prior notice or liability, for any reason, including repeated or serious violations of these Terms, accumulation of copyright infringement strikes under our repeat infringer policy, conduct harmful to the community, or failure to meet eligibility requirements. Upon termination, your right to use the Platform will immediately cease.

16.3 Termination by You

You may delete your account at any time through your account settings. Upon account deletion, your profile will be removed from public view, though we may retain certain data as required by applicable law or as described in our Privacy Policy.

16.4 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the updated Terms on the Platform and updating the “Effective Date” above. Your continued use of the Platform after any changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically. If you do not agree to any modified Terms, you must stop using the Platform.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BikerOrNot regarding the Platform and supersede all prior and contemporaneous agreements.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms.

18.5 Force Majeure

BikerOrNot shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, pandemic, government action, or internet service provider failures.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: