App Terms of Use

1. Scope and Purpose of these Terms of Use

By using the Aegis Rider Companion App (“App”) you are agreeing to these Terms of Use. The App is designed to serve as the primary interface for configuring, controlling, and interacting with the Aegis Rider Vision helmet and compatible accessories, including the Aegis Rider AR Optics (collectively, "AR Equipment"). The App enables Users to set up and customize their AR Equipment, manage ride data, synchronize navigation and route information, perform firmware updates, and access additional features and services as made available by Aegis Rider from time to time.

These Terms and Conditions (“Terms”) are general terms and conditions between you (“you” or “User”) and Aegis Rider AG, Riedthofstrasse 124, 8105 Regensdorf, Switzerland (“AR”) governing the use of the App. By accessing and/or using the App, you declare towards AR that you understand and accept these Terms in the valid version at the moment of access to and/or use of the App.

2. App Store

The App is available for iOS and Android. The App can be downloaded from the Apple App Store and the Google Play Store (collectively the “App Stores”).

The operator of the respective App Store (“App Store Operator”) is not a contractual partner of the User with regard to the App or its content. AR and the User agree that the App Store Operator and its subsidiaries are third-party beneficiaries with the right to enforce these Terms against the User to the extent permitted by law.

Apple Indemnification: In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement or discharge of any such intellectual property infringement claim. AR (not Apple) is solely responsible for the App and its content. You agree to indemnify and hold Apple, and Apple’s subsidiaries, harmless from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any claim by a third party that your use of the App caused damage to a third party. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google Play Indemnification: If you download the App from Google Play, you acknowledge that Google has no obligation whatsoever to provide any maintenance and support services with respect to the App. Google is not responsible for the investigation, defence, settlement or discharge of any third-party intellectual property infringement claim relating to the App. You agree to indemnify and hold Google LLC, and its subsidiaries and affiliates, harmless from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your use of the App, your violation of these Terms, or your violation of any third-party rights.

3. Registration

You must register in order to access and use the functionalities of the App. You are responsible for providing complete and truthful information throughout the registration process.

An App account may be created only by linking it to the serial number of compatible AR Equipment. For each serial number, only one active account is permitted. AR may request verification of ownership of the AR Equipment and may suspend or delete accounts that cannot prove ownership.

Subject to these Terms, you may download the App and log in on multiple mobile devices. However, the AR Equipment can only be actively connected to one mobile device at a time.

Membership is personal and non-transferable. You are obliged to treat your login information, such as username and password (“Credentials”), as strictly confidential and prevent access to the Credentials by any third parties. You shall be obliged to notify AR forthwith at support@aegisrider.com if you become aware that the Credentials have been disclosed to a third party, if the Credentials are in any way compromised or if it appears that your user account is being or has been misappropriated or the App was unauthorized accessed.

You may terminate your membership at any time by providing notice to AR. Prior to account deletion, you may request an export of your personal data in a commonly used, machine-readable format in accordance with your right to data portability under Art. 20 GDPR. Please submit such requests to support@aegisrider.com before initiating account deletion.

AR may terminate your membership at its discretion with sixty (60) days’ prior notice. AR also has the right to terminate your membership with immediate effect for good cause, including but not limited to a breach of the User Representations and Warranties in Section 9 or another breach of these Terms.

4. Intellectual Property and Usage Data

The contents and functionality provided by the App, including but not limited to the source code, layout, structure, user interface, icons, graphics, color schemes and design (UI/UX Design) are the intellectual property of AR or its licensors. All trademarks, copyrights, patents, and other intellectual property rights are proprietary to AR or its licensors.

AR may collect and process anonymized or aggregated usage data, as well as mapping data, environmental data, geolocation information and other contextual data generated through your use of the App (“Usage Data”) for the operation, maintenance and improvement of App and for the development and enhancement of AR’s products and services, subject to applicable data protection laws.

Usage Data is the property of AR. Where any rights to Usage Data could arise in your favor under applicable law, you shall transfer and herewith transfer such rights to AR to the fullest extent legally possible.

5. User Access to the App – License Grant and Restrictions

AR grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to access the App on a mobile device in your permanent possession and to use the functionalities for the Intended Purpose and in accordance with these Terms. This right is granted for worldwide use, subject to applicable export control laws. You may therefore download and install a copy of the App and use it for your personal, non-commercial use. This license does not give you any rights not explicitly stated above. In particular, this license does not grant you the right to copy, sell, send, transmit, distribute, adapt, publish, display, perform publicly, rent, lease, loan, sub-license, decompile, reverse-engineer or in any way alter or modify, in whole or in part the App, its source or object code, functionalities, layout, structure and/or any other intellectual property which belongs to AR or its licensors.

The license is granted under the resolutive condition that the User complies with these Terms. In the event of a breach of these Terms by the User, the license right for the App and its functionalities expires without further notice.

This license shall automatically expire upon termination or expiry of your membership. Upon expiry of the license, you are no longer permitted to use the App or any of its functionalities and must cease all use immediately. The same applies if your membership is suspended.

Please note that despite the worldwide license, certain functionalities of the App, such as the navigation function may only be used in certain countries. Please here of the countries in which the navigation function is available.

6. In-App Purchases

The use of the basic version of the App is free of charge. AR may offer additional functions of the App subject to the payment of applicable fees (“In-App Purchases”).

In-App Purchases are processed and billed through your App Store account and subject to the App Store’s terms and conditions.

Prices, term and available features of the In-App Purchases will be displayed before you confirm a purchase. By confirming the purchase, you authorize the App Store Operator to charge you the applicable amount.

If you terminate your membership during the ongoing term of an In-App Purchase, you will not be entitled to any refund of fees already paid. The same applies if AR terminates your membership for good cause. In the event of an ordinary termination by AR with 60 days prior notice, fees already paid for the remaining term will be refunded on a pro rata basis.

7. AR Equipment

The App may only be used in conjunction with, and paired to, expressly designated AR Equipment. Use with equipment not expressly designated by AR is prohibited and may lead to malfunctions of the App and/or the equipment.

8. Use of the App

The App offers for the following functions (“Intended Purpose”):

to configure, calibrate and customize the settings of your AR Equipment while stationary;

to perform initial setup procedures including display positioning, brightness adjustment, and feature selection;

to review recorded ride data and statistics after completion of your journey;

to plan routes and synchronize navigation data to your helmet before riding;

to manage firmware updates and system maintenance of connected devices; and

to customize user profiles and preference settings for the AR Equipment.

any additional, related or ancillary functionalities that are introduced by AR in the App from time to time and that serve the operation, use, or improvement of the AR Equipment or the App.

Users acknowledge that the scope of available features of the App may change from time to time where required by legal or regulatory provisions or for other legitimate reasons.

You must ensure that you comply with all applicable (third-party) agreements when using the app (e.g. any wireless data service agreement) and that you use the App only in compliance with applicable laws, especially traffic laws and safety regulations.

You must refrain from actively interacting with the App while operating a vehicle.

9. User Representations and Warranties

By agreeing to these Terms, you represent and warrant:

to only use the App in compliance with Section 7 and 8 above;

to not use the App for unlawful surveillance or unauthorized data collection;

to not modify, copy (in particular by the use of automated systems or software to systematically extract data), reverse engineer, decompile or create any derivative works based on the App;

to not frame or mirror any content forming part of the App;

to not access or attempt to access any server-side components of the App;

circumvent, disable or otherwise interfere with technical protection measures of App;

to not use the App to upload contents which may be illegal, obscene, libelous, menacing, defamatory, personally injurious, violating principles of fair competition, or infringing upon the rights of third parties. AR has the right, but not the obligation, to delete or restrict the processing of illegal or infringing content or, in cases of repeated violations, to suspend or terminate your membership; and

that you (i) are not located in a country or region that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” region, and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

10. Indemnification by User

To the extent permitted by law, you agree to indemnify, defend and hold harmless AR, its affiliates, officers, employees and licensors from and against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal fees) arising out of or related to your misuse of the App, including but not limited to

breaching the User Representation and Warranties in Section 9;

violation of these Terms of Use; or

using the App or related intellectual property in violation of applicable traffic, road safety or other laws.

11. Limitation of Warranty and Liability

AR and the App Store Operator do not make any warranties, and expressly disclaim all other warranties, guaranties, conditions, and representations, whether oral or written, expressed or implied, or arising by usage of the App, including, but not limited to, non-infringement of third party rights, fitness of the App for a particular purpose, meeting User’s requirements, or satisfactory quality. AR and the App Store Operator do not warrant that the Software will be provided uninterrupted or error-free.

Except in cases of gross negligence or willful misconduct, AR’s and the App Store Operator’s liability is disclaimed to the fullest extent permitted by law, unless expressly provided otherwise in these Terms.

You acknowledge that you use the App at your own risk. For the avoidance of doubt, AR and the App Store Operator will not be liable in particular for (i) indirect or consequential damages, including data loss, personal injury, or third-party claims arising from the use or misuse of the App or (ii) any loss or damage arising from your reliance on navigation data, sensor readings, or any other information provided through the App. It is your sole responsibility to verify and validate all content processed or displayed by the App.

In the event the App fails to comply with any legal warranty not effectively disclaimed, you may notify your App Store Operator, which will refund the purchase price of any additional functionalities. You acknowledge that AR, and not the App Store Operator, is responsible for handling any claims you or third parties may have in connection with the App.

12. Updates, Modifications and Technical Requirements

AR may at its sole discretion modify, add or remove functionalities of the App, suspend the services, perform any repairs, maintenance and upgrades, especially if legally or commercially required, and expressly disclaims any liability caused to you for any loss or damage in this respect.

AR or third parties may make available third-party products or services, including connectors, add-ons, implementation or consulting services. Any procurement of such third-party products or services is solely between you and the relevant third party, and the relevant third parties shall not be considered as agents, subcontractors or subprocessors of AR.

The access to and use of the functionalities of the App may be dependent on the connection with designated AR Equipment and certain system requirements of your mobile device:

Minimum version of iOS 16 or later for iOS

Minimum version of Android 13 or later for Android,

Bluetooth compatibility,

Storage space requirements outlined on the app store (approximately ~250MB for the app size),

Internet Connectivity.

You are responsible for procuring all system requirements and AR Equipment required to access and use the App. AR reserves the right to adjust these technical requirements at any time. AR is not responsible for problems, conditions, delays or failures ensuing from non-compliance with the system requirements and/or related to your network connections or caused by the Internet.

To ensure the proper and secure functioning of the App, the following applies to updates:

Automatic installation of updates is recommended.

Security-related updates are mandatory and may be installed automatically without separate notice.

Feature updates are optional and may be declined by the User.

AR will use reasonable efforts to maintain backward compatibility of the App with compatible AR Equipment and system requirements for a minimum period of two (2) years from release of the respective App version.

AR intends to provide basic support for the App for a minimum duration of 2 years from the date of the delivery of the AR Equipment. The current scope of the support services is outlined in Annex 1 – Technical Support and Maintenance. It may be changed unilaterally by AR at any time.

In the event of a discontinuation of the App or the App support, AR will provide at least six (6) months’ prior notice.

The User acknowledges that the App Store Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

13. Data Protection

While using the App, AR will collect and process certain personal data, such as the data you entered for registration but also certain usage or sensor data (e.g. speed, movement patterns) recorded by the AR Equipment. The processing of such data is subject to applicable data protection laws. For more information, please refer to the Privacy Policy.

Before discontinuation of the App, AR will offer you the possibility to export your personal data in a commonly used electronic format.

14. Applicable Law and Jurisdiction

These Terms are governed by Swiss law. The Parties expressly exclude the application of the Vienna Convention on the International Sale of Goods.

The place of jurisdiction in the event of a dispute shall be that of AR’s registered seat.

The preceding choice of law and place of jurisdiction shall not apply if and to the extent that under the applicable laws you (i) are a consumer within the meaning of Swiss law or any other applicable legislation and (ii) are entitled to mandatorily invoke the application of another law and/or the jurisdiction of another court.

15. Modification of the Terms

AR reserves the right to modify these Terms by providing at least thirty (30) days’ prior notice to registered Users. Notification of material modifications shall be provided via the App, by email to the registered email address, or by any other appropriate means. If you do not agree with the modified Terms, you may terminate your use of the App before the effective date of the changes. Your continued use of the App after the effective date shall be deemed acceptance of the modified Terms. Security-related updates may take effect immediately upon publication without prior notice, for safety reasons.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid one that most closely reflects the economic intent of the original.

17. Contact Information

AR is a limited liability company, incorporated under the laws of Switzerland, with its seat at Regensdorf, Switzerland and may be contacted by post at Riedthofstrasse 124, 8105 Regensdorf, e-mail at support@aegisrider.com.

Annex 1 – Technical Support and Maintenance

Scope of Support

AR will provide the User with technical support and maintenance services for the App (“Support Services”), covering:

• troubleshooting of errors, bugs, and malfunctions,
• assistance with configuration, operation,
• firmware and software update support,
• connectivity and device pairing support,
• account and data management inquiries,
• remote hardware diagnostics guidance, and
• general inquiries related to the functionality and performance of the App.

Support Channels

AR will offer the following support channels:

• E-Mail: support@aegisrider.com
• Telephone Hotline: +41 44 505 77 44
• Mailing Address:
  Aegis Rider AG
  Riedthofstrasse 124
  8105 Regensdorf
  Switzerland

Support Hours

Support Services will be available during the following hours (excluding statutory holidays at AR’s seat):

• Monday to Friday, 09:00 – 17:00 CET

Supported Languages

AR will provide Support Services in the following languages:

• English
• German (Deutsch)
• French (Français)

Response Time Commitments and Resolution Targets

AR will use commercially reasonable efforts to respond to support requests from the User and to resolve issues within a reasonable timeframe, taking into account the severity and impact of the issue.

Exclusions

Support Services do not cover:

• issues caused by acts or modifications made by the User in violation of the Terms,
• problems arising from third-party software or hardware not provided by AR,
• training or consulting services beyond standard technical support.

Services excluded above in Section 6(a) may be provided by AR if separately agreed upon between the Parties, subject to an additional fee.