Motosai Terms of Service
Last updated: 2023-10-28
Welcome to Motosai!
These Terms of Service (“Terms”) govern your use of Motosai mobile applications, websites, products, content, and platform (collectively, the “Platform”). You form a contract with us (“Motosai”, “we”, “us” or “our”) when you confirm that you accept these Terms or when you otherwise use the Platform. Our privacy practices are described in the Privacy Policy.
1. Motosai
Our business model
The Motosai Platform connects independent rental shops ("Owners") with their clients ("Riders") in a user-friendly and convenient way. When a Rider wants to book a motorcycle ("Bike"), they simply provide the rental dates, location, and any other requirements. These details are then sent to Owners who have the requested bikes in their inventory. Owners can then make offers to the Rider, providing information about the bike, rental price, security deposit amount, and even delivery fee if needed.
The Rider has the freedom to choose the best offer from multiple Owners. Once the Rider accepts an offer, a separate standardized agreement is established between the Rider and the Owner, ensuring a smooth rental experience.
After signing that agreement, the Rider is required to pay a service fee of 10% of the rental price to Motosai. This fee ensures the reservation of the bike and helps facilitate the transaction process.
When it's time to pick up the Bike or arrange for delivery, the Rider can easily pay the agreed-upon price (including the rental price and delivery fee) to the Owner directly in cash or using the payment method supported by owner.
For security purposes, the Rider is also asked to provide a security deposit to the Owner, as mutually agreed upon. This deposit will be promptly returned to the Rider after the Bike is inspected upon return, unless any damage is found.
In the unfortunate event of damage, the Owner may deduct a portion of the deposit to cover necessary repairs. However, the owner can not deduct more than an independent repair shop would charge for such repairs. If the price of repairs appear to be higher than the deposit amount, Rider is supposed to pay the difference.
It's important to note that Motosai does not interfere with the settlement process between the Rider and the Owner. We are here to ensure a reliable connection, but the financial agreement is solely between the two parties.
With Motosai, renting a motorcycle has never been easier or more enjoyable!
Motosai status
Motosai is a technology company that does not provide rental, transportation, or any related services ("Services"). These Services are provided by independent Owners through our Platform. Users have the freedom to independently decide to offer or accept the Services, at their own risk and discretion. Motosai respects the autonomy of Owners and does not direct or control them in general or in their provision of the Services. Any features, processes, or efforts undertaken to enhance your experience on our Platform are solely aimed at improving your satisfaction and do not indicate an employment or agency relationship with any user.
These Terms do not override or affect the enforceability of any agreements Riders may have with Owners regarding the Services.
Fees and Payments
Motosai charges Riders a 10% platform fee for each confirmed booking. Owners are not charged any fees if a Rider was attracted by Motosai's advertisements or marketing efforts. However, if a Rider was attracted by one of our Partners (hotels, restaurants, influencers, travel agencies, etc.), we impose a 5%-10% fee on the Owner to cover the referral fee that we pay to the Partner. In this case, Riders pay Motosai a 15%-20% booking fee instead of the usual 10% for their first booking. Portion of this fee is credited to the Partner's account. All subsequent bookings by this Rider are charged the standard 10% booking fee, and no referral fees are paid to Partners after the first booking. Partners can withdraw funds from their account when the total amount reaches 5000 THB or more. When a Rider picks up the Bike, they pay the Owner 90%-95% of the agreed rental price. Owners can see if a request came from a referral Partner and can choose not to receive requests from such Riders to avoid paying the referral fee. By continuing to use the Platform, you agree to these fees.
Cancellation and Refunds
A platform fee will be charged to the Rider once the booking is confirmed. If the Rider cancels the booking at least 2 days before the start date, the payment will be refunded. Please keep in mind that it may take up to 30 days for the refund to be processed after the booking is cancelled and reviewed by Motosai. Kindly note that refunds will be issued using the same payment method that was used for the initial transaction. Motosai does not offer cash refunds. If the Rider cancels the booking within 2 days of the start date or fails to show up, the platform fee will not be refunded. This policy is in place to protect Owners from Riders not showing up or cancelling at short notice.
Taxes
Owners and Partners are responsible for collecting and remitting all applicable taxes associated with the Services through the Platform. Motosai will not be held accountable for any tax-related misconduct in transactions between Riders, Owners, and Partners.
2. Your Motosai Account
Account registration
To enjoy the features of the Platform, we kindly ask you to create an account with us. To sign up, you should be at least 18 years old or the legal age of majority in your country (whichever is higher) and have the ability to enter into a contract with us and make use of the Platform. When setting up your account, please provide accurate and current details about yourself.
To ensure the utmost security, prevent any fraudulent activities, and comply with the applicable laws and regulations regarding anti-money laundering and sanctions, we will need to verify your identity when you open your Account. Additionally, we may occasionally request you to update and verify your information.
We offer different types of accounts depending on whether you use the Platform as a Rider, as an Owner, or as a Partner.
To create a Rider’s account click “Make a request” on the main screen follow the flow of the app. At some point you must provide us with pictures of your passport and drivers license for the class of vehicle you are going to rent. This is necessary to book bikes on the Platform.
To create an Owner’s account click “I am rental” on the main screen. You will be prompted to provide us with information about your business and pass the verification process. During verification we can call you or meet you in person at your business address. Make sure both contacts are filled up correctly.
To create Partner’s account please apply directly at partners.motosai.com
Maintaining your account
Please remember to keep your account information up to date. If your mobile number changes, kindly notify us as soon as possible. In case you no longer use your number, your mobile operator may assign it to someone else who might access your account while using the Platform.
To ensure the security of your account, please do not share your login information or authorize anyone else to use your account. It is important to keep your device secure and your login details confidential. You are responsible for all activities that occur under your account. If you suspect that someone else knows your password or has accessed your account, please contact us immediately at motosai.com/contact.
Account termination
You have the option to delete your account at any time. It can be done either through the profile settings or by reaching out to our user support team at motosai.com/contact. Please note that there might be cases where we are unable to terminate your account or need to retain certain information for legitimate purposes, such as preventing fraud, ensuring the safety of our users, complying with legal obligations, or managing any unresolved claims or disputes. After account termination, we will handle your information in accordance with our Privacy Policy.
Additionally, please be aware that accounts that have remained inactive for over 3 years may be subject to deletion. We reserve the right to terminate or suspend access to your account.
3. Your safety
The health and safety of Motosai users is our priority. We take reasonable steps to keep the Platform a safe and secure environment for our users. For example, we review documents of all Riders and personally verify all Owners before allowing them to use the Platform. Additionally, we may conduct spot checks to verify that the Owner is operating and has the ownership over vehicles that are listed on the Platform. We may ask Riders to pass a liveness check or verify their identity. We have a system of penalties and disqualification for Owners that do not meet our high standards of Service.
Despite our best efforts, we acknowledge the limits of an online platform’s ability to facilitate offline safety. We have no direct control over the quality or safety of the services that Owners provide.
We cannot guarantee that each Rider is who they claim to be. Owners should review Rider’s documents in person to verify identity before handing them the Bike. If the rider is not the person who has booked the Bike on the Platform, please don’t give the Bike to this person and report to Motosai. In case you gave a Bike to the wrong person, you are not protected by the Platform or the Rental Agreement.
We urge you to exercise caution and care when interacting with other users. You use the Platform and provide rental Services at your own risk.
4. Rider’s Obligations
By renting a bike on the platform, you represent, warrant, and agree to the following:
5. Owner’s Obligations
By offering rental services on the Platform, you confirm, guarantee, and agree that:
6. Rider and Owner Communications
We want to make sure that our users have a great experience communicating on the Platform. You can connect with other users through comments, reviews, and in-app chat. To ensure compliance with our Terms, we may monitor and record your conversations with other users on the Platform.
Owners are encouraged to use the Platform chat exclusively for all communication with Riders. This includes arranging pickup/delivery or contacting the Rider regarding the booking.
Once the Platform fee is paid, Riders can also reach out to Owners through Platform chat.
Owners should regularly check the Platform chat to promptly receive and respond to messages from Riders.
It's important to treat all Motosai users with kindness and respect. We do not tolerate any form of arrogance, harassment or discrimination on the Platform. Your communication with other users should be limited to matters related to the Services. Please refrain from sharing any personal contact information except for pickup/delivery instructions. Sharing phone numbers, email addresses, social media or messenger contacts is prohibited in the Platform chat. Violating this rule may result in the suspension or termination of your account.
7. Motosai Communications
We may send you operational notification about your account or Services you’ve provided, updates about Motosai and the Platform, request for feedback, and marketing communications. We may contact you via in-app notifications, e-mail, SMS, phone, messenger accounts, social media and push notifications. For the types of communications that require your consent, we will observe local laws and give you an option to opt-out.
8. What you can’t do on the Platform
You must not use the Platform to:
9. Motosai rights
We want to make sure that everyone follows our Terms. If we suspect any breach, we may need to investigate. During this time, we might have to temporarily suspend some or all of the features on the Platform. Please understand that we will only do this if we have a good reason to do so.
In some cases, we may decide to suspend or terminate your account. This could happen if:
If you believe that we have made a mistake in suspending or terminating your account, you can appeal through our contact page at motosai.com/contact.
10. Your content
You are responsible for the information, files, and images (collectively referred to as "Content") that you share on the Platform. It is important to ensure that your Content complies with laws and respects the rights of others. Please note that we do not actively monitor or review user Content, but we are committed to maintaining a safe and respectful environment on our platform. If we come across any Content that we believe violates these Terms or poses harm to Motosai, our users, or other third parties, we may take appropriate action, such as removing such content or restricting your access to the Platform.
We do not own your Content. By making content available on the platform you grant Motosai a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use your Content, including to reproduce, adapt or make derivative works, perform and communicate your Content to the public, for the purposes of operating, developing and providing the Platform.
11. Intellectual Property
The Platform contains Content (such as design, images, sounds, texts, databases, computer codes, registered and unregistered trademarks, and other similar objects) owned or licensed by Motosai, which is protected by various forms of intellectual property. Motosai and its licensee, where applicable, have complete ownership and control over the Platform, including all related intellectual property rights. This includes the software, app, service, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Platform.
Motosai is granting you a limited, non-exclusive, non-transferable, non-assignable, and revocable license that allows you to:
To ensure a positive user experience, we kindly ask that you adhere to the following guidelines:
12. Indemnification
We kindly ask you to agree to protect, indemnify, and keep Motosai and its affiliates, subsidiaries, and their officers, directors, employees, and agents safe from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:
13. Force Majeure
In the event of force majeure, which refers to circumstances beyond the control of Motosai, including but not limited to natural disasters, war, pandemic, blackout, alien invasion, civil unrest, government actions, strikes, or other unforeseen events, Motosai shall not be held liable for any failure or delay in the performance of its obligations under these Terms of Service.
During a force majeure event, Motosai may suspend or terminate the provision of its services without prior notice. Motosai will make reasonable efforts to resume normal operations as soon as the force majeure event has ceased.
If a force majeure event occurs and affects the performance of the agreement between Motosai and its users, including Riders, Owners, and Partners, the affected party shall be excused from any performance or delay caused by the force majeure event.
Motosai will not be responsible for any losses, damages, or liabilities arising from or related to a force majeure event, including any inconvenience, delay, or financial loss incurred by users of the Platform.
Owners and Riders affected by a force majeure event shall promptly notify each other of the occurrence of the force majeure event. They shall also make reasonable efforts to mitigate the impact of the force majeure event on their obligations under these Terms.
14. Third Party Services
No joint venture, partnership, employment, or agency relationship exists between Motosai and any of our users. We want to make it clear that Motosai is not responsible for the acts or omissions of any of our users. We understand that disputes or negotiations may arise between Platform users, but Motosai will not be involved in them. We kindly ask you to keep in mind that by using the Platform, you expressly waive and release Motosai from any and all liability, claims, causes of action, or damages related to your interactions with other Platform users.
While there are other Third Party Services available in the Platform, please note that certain Third Party Services or Content can only be accessed by leaving the Platform. Once you click on a link to access these Services, you will be subject to the terms and conditions and privacy policy of that website, destination, or the independent service provider. It's important to remember that these terms and conditions (including privacy policies) may be different from Motosai's. We want to ensure that you are aware of this and understand that Motosai will not provide a warning when you enter another website or destination. Please use all links in third-party websites and advertisements at your own discretion, as they are not part of the Platform and are not controlled by Motosai. In no event shall Motosai be held responsible or liable for any products or services offered by these third-party providers.
15. Governing law and arbitration
These Terms are regulated by the law of Thailand. If we have a disagreement, we will first attempt to resolve it with you in a friendly manner. All disagreements or claims arising from or relating to these Terms, including disagreements regarding its validity, breach, termination, or nullity, will be ultimately resolved under arbitration rules provided by the Thai Arbitration Institute. Provisions for the enforcement of arbitration awards in accordance with relevant international conventions will also be included.
16. Changes to these Terms or the Platform
We may make changes to these Terms or the Platform from time to time. When we update the Terms, we will post their latest version in our app and our website. We will also give you reasonable notice of significant changes which will impact you.
If you would like to keep using the Platform after we introduce changes to the Terms or the Platform, you will need to agree to the changes by continuing to use our Platform. If you do not agree to such changes, you will have to stop using the Platform.
Unless material changes are made to the arbitration provisions, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration.
17. General
We want to assure you that we will do our best to provide you with a reliable and secure Platform. However, it's important to note that the Platform is provided to you "as available" or "as is". This means that we cannot guarantee its reliability, security, timeliness, quality, suitability, availability, accuracy, or completeness.
The Platform may contain links to third party websites, advertisements, services, offers or other events or activities that are not provided, owned or controlled by Motosai. You use them at your own risk.
We want to emphasize that these Terms do not affect any statutory rights that you have and cannot be altered or waived by a contract. You will always have the full protection of the laws that apply to you.
We want to make sure you understand how our service works and what our responsibilities are. Here's the thing: we can't promise that everything will always be perfect when you use our platform. We want to be transparent and let you know that we are not liable for any problems or damages that may occur while using Motosai. If something goes wrong or you experience any kind of loss, we cannot be held responsible. We are giving you this information upfront so that you are aware of the risks involved. It's always a good idea to be cautious and use our platform responsibly.
18. Contacting Motosai
You can contact us via motosai.com
Last updated: 2023-10-28
Welcome to Motosai!
These Terms of Service (“Terms”) govern your use of Motosai mobile applications, websites, products, content, and platform (collectively, the “Platform”). You form a contract with us (“Motosai”, “we”, “us” or “our”) when you confirm that you accept these Terms or when you otherwise use the Platform. Our privacy practices are described in the Privacy Policy.
1. Motosai
Our business model
The Motosai Platform connects independent rental shops ("Owners") with their clients ("Riders") in a user-friendly and convenient way. When a Rider wants to book a motorcycle ("Bike"), they simply provide the rental dates, location, and any other requirements. These details are then sent to Owners who have the requested bikes in their inventory. Owners can then make offers to the Rider, providing information about the bike, rental price, security deposit amount, and even delivery fee if needed.
The Rider has the freedom to choose the best offer from multiple Owners. Once the Rider accepts an offer, a separate standardized agreement is established between the Rider and the Owner, ensuring a smooth rental experience.
After signing that agreement, the Rider is required to pay a service fee of 10% of the rental price to Motosai. This fee ensures the reservation of the bike and helps facilitate the transaction process.
When it's time to pick up the Bike or arrange for delivery, the Rider can easily pay the agreed-upon price (including the rental price and delivery fee) to the Owner directly in cash or using the payment method supported by owner.
For security purposes, the Rider is also asked to provide a security deposit to the Owner, as mutually agreed upon. This deposit will be promptly returned to the Rider after the Bike is inspected upon return, unless any damage is found.
In the unfortunate event of damage, the Owner may deduct a portion of the deposit to cover necessary repairs. However, the owner can not deduct more than an independent repair shop would charge for such repairs. If the price of repairs appear to be higher than the deposit amount, Rider is supposed to pay the difference.
It's important to note that Motosai does not interfere with the settlement process between the Rider and the Owner. We are here to ensure a reliable connection, but the financial agreement is solely between the two parties.
With Motosai, renting a motorcycle has never been easier or more enjoyable!
Motosai status
Motosai is a technology company that does not provide rental, transportation, or any related services ("Services"). These Services are provided by independent Owners through our Platform. Users have the freedom to independently decide to offer or accept the Services, at their own risk and discretion. Motosai respects the autonomy of Owners and does not direct or control them in general or in their provision of the Services. Any features, processes, or efforts undertaken to enhance your experience on our Platform are solely aimed at improving your satisfaction and do not indicate an employment or agency relationship with any user.
These Terms do not override or affect the enforceability of any agreements Riders may have with Owners regarding the Services.
Fees and Payments
Motosai charges Riders a 10% platform fee for each confirmed booking. Owners are not charged any fees if a Rider was attracted by Motosai's advertisements or marketing efforts. However, if a Rider was attracted by one of our Partners (hotels, restaurants, influencers, travel agencies, etc.), we impose a 5%-10% fee on the Owner to cover the referral fee that we pay to the Partner. In this case, Riders pay Motosai a 15%-20% booking fee instead of the usual 10% for their first booking. Portion of this fee is credited to the Partner's account. All subsequent bookings by this Rider are charged the standard 10% booking fee, and no referral fees are paid to Partners after the first booking. Partners can withdraw funds from their account when the total amount reaches 5000 THB or more. When a Rider picks up the Bike, they pay the Owner 90%-95% of the agreed rental price. Owners can see if a request came from a referral Partner and can choose not to receive requests from such Riders to avoid paying the referral fee. By continuing to use the Platform, you agree to these fees.
Cancellation and Refunds
A platform fee will be charged to the Rider once the booking is confirmed. If the Rider cancels the booking at least 2 days before the start date, the payment will be refunded. Please keep in mind that it may take up to 30 days for the refund to be processed after the booking is cancelled and reviewed by Motosai. Kindly note that refunds will be issued using the same payment method that was used for the initial transaction. Motosai does not offer cash refunds. If the Rider cancels the booking within 2 days of the start date or fails to show up, the platform fee will not be refunded. This policy is in place to protect Owners from Riders not showing up or cancelling at short notice.
Taxes
Owners and Partners are responsible for collecting and remitting all applicable taxes associated with the Services through the Platform. Motosai will not be held accountable for any tax-related misconduct in transactions between Riders, Owners, and Partners.
2. Your Motosai Account
Account registration
To enjoy the features of the Platform, we kindly ask you to create an account with us. To sign up, you should be at least 18 years old or the legal age of majority in your country (whichever is higher) and have the ability to enter into a contract with us and make use of the Platform. When setting up your account, please provide accurate and current details about yourself.
To ensure the utmost security, prevent any fraudulent activities, and comply with the applicable laws and regulations regarding anti-money laundering and sanctions, we will need to verify your identity when you open your Account. Additionally, we may occasionally request you to update and verify your information.
We offer different types of accounts depending on whether you use the Platform as a Rider, as an Owner, or as a Partner.
To create a Rider’s account click “Make a request” on the main screen follow the flow of the app. At some point you must provide us with pictures of your passport and drivers license for the class of vehicle you are going to rent. This is necessary to book bikes on the Platform.
To create an Owner’s account click “I am rental” on the main screen. You will be prompted to provide us with information about your business and pass the verification process. During verification we can call you or meet you in person at your business address. Make sure both contacts are filled up correctly.
To create Partner’s account please apply directly at partners.motosai.com
Maintaining your account
Please remember to keep your account information up to date. If your mobile number changes, kindly notify us as soon as possible. In case you no longer use your number, your mobile operator may assign it to someone else who might access your account while using the Platform.
To ensure the security of your account, please do not share your login information or authorize anyone else to use your account. It is important to keep your device secure and your login details confidential. You are responsible for all activities that occur under your account. If you suspect that someone else knows your password or has accessed your account, please contact us immediately at motosai.com/contact.
Account termination
You have the option to delete your account at any time. It can be done either through the profile settings or by reaching out to our user support team at motosai.com/contact. Please note that there might be cases where we are unable to terminate your account or need to retain certain information for legitimate purposes, such as preventing fraud, ensuring the safety of our users, complying with legal obligations, or managing any unresolved claims or disputes. After account termination, we will handle your information in accordance with our Privacy Policy.
Additionally, please be aware that accounts that have remained inactive for over 3 years may be subject to deletion. We reserve the right to terminate or suspend access to your account.
3. Your safety
The health and safety of Motosai users is our priority. We take reasonable steps to keep the Platform a safe and secure environment for our users. For example, we review documents of all Riders and personally verify all Owners before allowing them to use the Platform. Additionally, we may conduct spot checks to verify that the Owner is operating and has the ownership over vehicles that are listed on the Platform. We may ask Riders to pass a liveness check or verify their identity. We have a system of penalties and disqualification for Owners that do not meet our high standards of Service.
Despite our best efforts, we acknowledge the limits of an online platform’s ability to facilitate offline safety. We have no direct control over the quality or safety of the services that Owners provide.
We cannot guarantee that each Rider is who they claim to be. Owners should review Rider’s documents in person to verify identity before handing them the Bike. If the rider is not the person who has booked the Bike on the Platform, please don’t give the Bike to this person and report to Motosai. In case you gave a Bike to the wrong person, you are not protected by the Platform or the Rental Agreement.
We urge you to exercise caution and care when interacting with other users. You use the Platform and provide rental Services at your own risk.
4. Rider’s Obligations
By renting a bike on the platform, you represent, warrant, and agree to the following:
- You possess a valid driver's license with an open category for the class of vehicle you are booking.
- If you have an international driver's license issued outside of ASEAN countries, you should also possess an International Driving Permit along with your driver's license card.
- You have no limitations on your rights or ability to drive a motorcycle of the selected class.
- You will never drive the bike while under the influence of alcohol, legal or illegal drugs or substances affecting the mind, extreme stress or fatigue.
- You will never engage in any unsafe or illegal behavior while riding the bike.
- You agree to wear a helmet at all times when riding the bike.
- You agree to take pictures of the bike before the rental period using the platform's interface. This includes pictures of all noticeable defects, license plates, dashboard with odometer, and gas level.
- You agree to pay Motosai a platform fee for the booking.
- You agree to pay the owner the rental price, delivery price, and leave a security deposit as specified on the platform.
5. Owner’s Obligations
By offering rental services on the Platform, you confirm, guarantee, and agree that:
- You have all the necessary documents and rights to operate motorbike rentals in Thailand.
- You are the rightful owner of each Bike that you rent out on the platform.
- You agree to provide the Bike to the Rider on the scheduled start day of the booking.
- You will treat all Riders fairly and will not discriminate against anyone.
- You will never post contact information anywhere in bike listings, on pictures or share it in the Platform chat with Rider.
- You will not ask for any extra payment in addition to the agreed price with the Rider on the Platform.
- You are responsible for calculating, charging, and paying all relevant taxes required by the respective legislation in the jurisdiction arising from providing services to Riders.
- You will comply with our reasonable requests for providing information regarding the Services and your use of the Platform.
- You will not use any information obtained through the Platform for purposes unrelated to providing rental services.
- You will adhere to the requirements of all applicable laws concerning anti-money laundering, sanctions, anti-corruption, anti-bribery, countering illegal trade and countering terrorist financing. You will not engage in or facilitate any activity that violates such laws or encourages others to do so.
6. Rider and Owner Communications
We want to make sure that our users have a great experience communicating on the Platform. You can connect with other users through comments, reviews, and in-app chat. To ensure compliance with our Terms, we may monitor and record your conversations with other users on the Platform.
Owners are encouraged to use the Platform chat exclusively for all communication with Riders. This includes arranging pickup/delivery or contacting the Rider regarding the booking.
Once the Platform fee is paid, Riders can also reach out to Owners through Platform chat.
Owners should regularly check the Platform chat to promptly receive and respond to messages from Riders.
It's important to treat all Motosai users with kindness and respect. We do not tolerate any form of arrogance, harassment or discrimination on the Platform. Your communication with other users should be limited to matters related to the Services. Please refrain from sharing any personal contact information except for pickup/delivery instructions. Sharing phone numbers, email addresses, social media or messenger contacts is prohibited in the Platform chat. Violating this rule may result in the suspension or termination of your account.
7. Motosai Communications
We may send you operational notification about your account or Services you’ve provided, updates about Motosai and the Platform, request for feedback, and marketing communications. We may contact you via in-app notifications, e-mail, SMS, phone, messenger accounts, social media and push notifications. For the types of communications that require your consent, we will observe local laws and give you an option to opt-out.
8. What you can’t do on the Platform
You must not use the Platform to:
- Do anything illegal;
- Do anything that violates these Terms or any other Platform rules or Motosai Policies.
- Use Platform for any purpose not intended by these Terms.
- Transfer or sell your account, password or identification to any other party.
- Impersonate another person or disguise your identity, use or attempt to use another user’s account.
- Solicit others to engage in illegal or dangerous activities.
- Stalk, threaten, or harass others.
- Upload any content on the Platform which is inaccurate, inappropriate, infringes anyone’s rights (such as intellectual property, privacy or personality rights) or is otherwise illegal.
- Undermine the Platform’s operations or security, attempt to gain unauthorised access to the Platform or its related systems or networks.
- Extract any data or content from the Platform.
- Create liability for Motosai or cause us to become subject to regulation as a rental provider.
9. Motosai rights
We want to make sure that everyone follows our Terms. If we suspect any breach, we may need to investigate. During this time, we might have to temporarily suspend some or all of the features on the Platform. Please understand that we will only do this if we have a good reason to do so.
In some cases, we may decide to suspend or terminate your account. This could happen if:
- We believe, based on reasonable and objective grounds, that you have repeatedly or seriously violated our Terms or other Motosai rules and Policies.
- We have strong reasons to believe that you are about to seriously violate our Terms.
- Your rating has fallen below 3.5 stars based on at least 5 reviews.
- We are legally required to take action.
- We need to address a serious technical, safety, or security issue.
If you believe that we have made a mistake in suspending or terminating your account, you can appeal through our contact page at motosai.com/contact.
10. Your content
You are responsible for the information, files, and images (collectively referred to as "Content") that you share on the Platform. It is important to ensure that your Content complies with laws and respects the rights of others. Please note that we do not actively monitor or review user Content, but we are committed to maintaining a safe and respectful environment on our platform. If we come across any Content that we believe violates these Terms or poses harm to Motosai, our users, or other third parties, we may take appropriate action, such as removing such content or restricting your access to the Platform.
We do not own your Content. By making content available on the platform you grant Motosai a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use your Content, including to reproduce, adapt or make derivative works, perform and communicate your Content to the public, for the purposes of operating, developing and providing the Platform.
11. Intellectual Property
The Platform contains Content (such as design, images, sounds, texts, databases, computer codes, registered and unregistered trademarks, and other similar objects) owned or licensed by Motosai, which is protected by various forms of intellectual property. Motosai and its licensee, where applicable, have complete ownership and control over the Platform, including all related intellectual property rights. This includes the software, app, service, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Platform.
Motosai is granting you a limited, non-exclusive, non-transferable, non-assignable, and revocable license that allows you to:
- Easily access and use the Platform on your personal device for the sole purpose of using the Platform.
- Conveniently access and view any Content or materials that may be made available through the Platform.
To ensure a positive user experience, we kindly ask that you adhere to the following guidelines:
- Please refrain from modifying or creating derivative works based on the Platform.
- We kindly request that you do not attempt to reverse engineer, decompile, disassemble, or make any changes to the source code of the Platform in order to develop a competing product or service.
- While we appreciate your creativity, we kindly ask that you refrain from building a product that closely resembles our ideas, features, functions, or graphics, or copying any of them.
- To maintain the integrity of the Platform, we kindly ask that you do not frame, link to, or mirror any part of the Platform on any other server or wireless or internet-based device.
- Lastly, we kindly request that you obtain the prior consent of Motosai before posting, distributing, or reproducing any copyrighted material, trademarks, or other proprietary information.
12. Indemnification
We kindly ask you to agree to protect, indemnify, and keep Motosai and its affiliates, subsidiaries, and their officers, directors, employees, and agents safe from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Platform or the Services.
- Your breach or violation of any of these Terms, any applicable law or regulation, or the rights of any third party (collectively referred to as "Losses").
13. Force Majeure
In the event of force majeure, which refers to circumstances beyond the control of Motosai, including but not limited to natural disasters, war, pandemic, blackout, alien invasion, civil unrest, government actions, strikes, or other unforeseen events, Motosai shall not be held liable for any failure or delay in the performance of its obligations under these Terms of Service.
During a force majeure event, Motosai may suspend or terminate the provision of its services without prior notice. Motosai will make reasonable efforts to resume normal operations as soon as the force majeure event has ceased.
If a force majeure event occurs and affects the performance of the agreement between Motosai and its users, including Riders, Owners, and Partners, the affected party shall be excused from any performance or delay caused by the force majeure event.
Motosai will not be responsible for any losses, damages, or liabilities arising from or related to a force majeure event, including any inconvenience, delay, or financial loss incurred by users of the Platform.
Owners and Riders affected by a force majeure event shall promptly notify each other of the occurrence of the force majeure event. They shall also make reasonable efforts to mitigate the impact of the force majeure event on their obligations under these Terms.
14. Third Party Services
No joint venture, partnership, employment, or agency relationship exists between Motosai and any of our users. We want to make it clear that Motosai is not responsible for the acts or omissions of any of our users. We understand that disputes or negotiations may arise between Platform users, but Motosai will not be involved in them. We kindly ask you to keep in mind that by using the Platform, you expressly waive and release Motosai from any and all liability, claims, causes of action, or damages related to your interactions with other Platform users.
While there are other Third Party Services available in the Platform, please note that certain Third Party Services or Content can only be accessed by leaving the Platform. Once you click on a link to access these Services, you will be subject to the terms and conditions and privacy policy of that website, destination, or the independent service provider. It's important to remember that these terms and conditions (including privacy policies) may be different from Motosai's. We want to ensure that you are aware of this and understand that Motosai will not provide a warning when you enter another website or destination. Please use all links in third-party websites and advertisements at your own discretion, as they are not part of the Platform and are not controlled by Motosai. In no event shall Motosai be held responsible or liable for any products or services offered by these third-party providers.
15. Governing law and arbitration
These Terms are regulated by the law of Thailand. If we have a disagreement, we will first attempt to resolve it with you in a friendly manner. All disagreements or claims arising from or relating to these Terms, including disagreements regarding its validity, breach, termination, or nullity, will be ultimately resolved under arbitration rules provided by the Thai Arbitration Institute. Provisions for the enforcement of arbitration awards in accordance with relevant international conventions will also be included.
16. Changes to these Terms or the Platform
We may make changes to these Terms or the Platform from time to time. When we update the Terms, we will post their latest version in our app and our website. We will also give you reasonable notice of significant changes which will impact you.
If you would like to keep using the Platform after we introduce changes to the Terms or the Platform, you will need to agree to the changes by continuing to use our Platform. If you do not agree to such changes, you will have to stop using the Platform.
Unless material changes are made to the arbitration provisions, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration.
17. General
We want to assure you that we will do our best to provide you with a reliable and secure Platform. However, it's important to note that the Platform is provided to you "as available" or "as is". This means that we cannot guarantee its reliability, security, timeliness, quality, suitability, availability, accuracy, or completeness.
The Platform may contain links to third party websites, advertisements, services, offers or other events or activities that are not provided, owned or controlled by Motosai. You use them at your own risk.
We want to emphasize that these Terms do not affect any statutory rights that you have and cannot be altered or waived by a contract. You will always have the full protection of the laws that apply to you.
We want to make sure you understand how our service works and what our responsibilities are. Here's the thing: we can't promise that everything will always be perfect when you use our platform. We want to be transparent and let you know that we are not liable for any problems or damages that may occur while using Motosai. If something goes wrong or you experience any kind of loss, we cannot be held responsible. We are giving you this information upfront so that you are aware of the risks involved. It's always a good idea to be cautious and use our platform responsibly.
18. Contacting Motosai
You can contact us via motosai.com
Scan the Qr code and install the application
IE Titovskaya Ekaterina Igorevna
TIN: 132708554185
PSRNIE: 320774600492375
TIN: 132708554185
PSRNIE: 320774600492375