Terms and Conditions of Use for Yamaha Motorcycle Connect Application

This Terms and Conditions of Use for the Yamaha Motorcycle Connect Application ("Terms and Conditions") set forth the terms and conditions for using the "Yamaha Motorcycle Connect Application" ("Application") for smartphones provided by Yamaha Motor Co., Ltd. ("Yamaha", “we”, “us” or “our”).

Article 1

Applicability of this Terms and Conditions

  1. This Terms and Conditions shall apply to relationship between Yamaha and any individual user ("User", “you” or “your”) using this Application.
  2. We may make available other terms of use and/or precautions for the use of this Application separately from this Terms and Conditions on our website.
Article 2

Definition

Terms used in this Terms and Conditions shall have the following meanings.

  1. "Yamaha Motor ID" means the login ID issued by Yamaha for use of this Application and other applications by or for Yamaha.
  2. "Vehicle" means a motorcycle equipped with a CCU (hereinafter defined) owned, possessed or managed by the User.
  3. "Device" means any mobile device which model shall be separately designated by Yamaha, which is owned, possessed or managed by the User.
  4. "CCU" means a communication control unit to be installed to the Vehicle that enables the use of the Application.
  5. "Pairing" means the synchronization process between the CCU of the Vehicle and the Application downloaded to your Device.
Article 3

Agreement to this Terms and Conditions

  1. The User will be deemed to have agreed to this Terms and Conditions at the time of pressing “agree” button after downloading this Application to your Device.
  2. If the User is a minor, you are requested to have obtained the consent of the parent or other legal guardian before using this Application.
  3. If a minor, as a User, has falsely agreed to this Terms and Conditions without acquiring the consent of his/her parent or legal guardian or falsely informs his/her age and made Yamaha believe that he/she is not a minor, the User shall not be able to revoke any act related to the Application.
  4. If the User reaches the age of maturity and uses the Application which he/she has consented to the use of while he/she was still a minor, the User is deemed to have acknowledged all legal actions related to the Application.
Article 4

Registration of Yamaha Motor ID

  1. In order for the User to use the Application, the User is requested to register and obtain a Yamaha Motor ID before using the Application in order to log in to this Application as described in the following sections.
  2. The User will apply for registration for the use of the Yamaha Motor ID by entering the User’s e-mail address, nickname, date of birth and other information that we specify in the registration form ("Registration Information") in accordance with the processes as specified herein. Yamaha will issue a Yamaha Motor ID to the User after receipt of an application for use registration, unless there is any reason as specified in the section 4 of this Article.
  3. The User shall enter true and accurate information at the time of application for the registration, and the information may be modified by the User as appropriate so that the registered information remains up-to-date after registration.
  4. In the event of any of the following, Yamaha may not approve the User's application for registration.
    1. If there is false, inaccurate, incorrect or missing information in the registration form;
    2. If the User is a member of anti-social force or has a relationship with anti-social force;
    3. If the User does not agree to this Terms and Conditions;
    4. In the case of violation of this Terms and Conditions; or,
    5. In cases that Yamaha considers the User as inappropriate as any of the above 1-4 as a user of the Application.
Article 5

Change of Registration Information to Yamaha Motor ID

  1. In case there are changes to the registered information, the User shall promptly update the registered information in accordance with the process as our prescribed methods.
  2. Yamaha assumes no liability for any disadvantages or any damages that may be caused by any failure of not updating the correct information as mentioned in the section 1 of this Article to the extent permitted by the applicable law.
Article 6

User’s Responsibilities to manage its own Yamaha Motor ID

  1. The User shall use and manage Yamaha Motor ID and password at his/her own risk, and Yamaha will not be liable for any damages caused to the User by any misuse or loss of the Yamaha Motor ID or the password by the User or any unauthorized use of the Yamaha Motor ID or the password by any third party to the extent permitted by the applicable law.
  2. The User shall not make his/her Yamaha Motor ID available to any third party, assign, sell, lend, or otherwise allow any third party to use his/her Yamaha Motor ID.
Article 7

Contents of this Application

  1. This Application is only available to Users who have registered and obtained Yamaha Motor ID.
  2. The User can use the Application on the User's Device by Pairing the CCU of the Vehicle with the Application downloaded to the Device. The User acknowledges that this Application downloaded to the Device cannot be paired with more than one Vehicle and that when Pairing with a Vehicle other than the Vehicle paired with this Application, it is necessary to re-pair.
  3. Notes on use of the Application are available in the FAQ section of the Application. The FAQ and/or additional information on how to use the Application is also available on Yamaha’s website. The User is requested to refer to the contents in the FAQ section in case the User has any inquiry regarding the use of the Application.
  4. The User acknowledges and agrees to, due to the specifications of this Application, there may arise certain differences or inconsistencies between the display of the Vehicle and the display of the Application on Device. For clarity, in case of any differences or inconsistencies between the display of the Vehicle and the display of the Application on Device, the display of the Vehicle shall supersede the display of the Application.
  5. It is free of charge for the User to use the Application on the User’s Device, however, the cost of network shall be borne by the User.
Article 8

Device

  1. The Application can be used on certain types of Device that are compatible to this Application. The list of compatible devices is separately specified by Yamaha, such as on our website. The User acknowledges and agrees to that some or all of the functions of this Application may not be available depending on the model of the User's Device or the version of the operating software, i.e., Android OS or iOS.
  2. The User shall prepare his/her own Device (including operating software) and network lines, etc. required for using the Application at his/her own responsibility.
  3. The User shall use this Application at his own risk and responsibility to manage the Device to which the Application has been downloaded and Yamaha shall not be liable for any damages caused by theft of the Device, misuse of the Device, use of a third party, or unauthorized access, etc. to the extent permitted by the applicable law.
  4. This Application requires permission to access certain functions, such as, camera, current location information, contacts, incoming call notification, etc. of the Device. When using these function, Yamaha will not liable for any damages caused by not accepting permission to these functions mentioned above to the extent permitted by applicable law.
Article 9

Usage restrictions

  1. The User is prohibited to copy, modify, transmit, publish, distribute, assign, lend, translate or sublicense the Application, its contents or any information provided with the Application.
  2. The User is not allowed to use this Application for illegal or commercial purposes.
Article 10

Prohibited Items

The User is prohibited to perform any of the following acts when using this Application.

  1. To use the Application using other user's Yamaha Motor ID;
  2. To infringe any intellectual property rights of Yamaha or any third party;
  3. To infringe or threaten to infringe on any property, rights, and privacy of Yamaha or any third party;
  4. To conduct defamation of Yamaha or any third party;
  5. To modify the computer programs of the Application;
  6. To violate domestic and foreign communication network rules that apply to the User and/or the Application when communicating through domestic and foreign communication networks;
  7. To cause interference to the operation of the Application;
  8. To violate applicable laws, regulations, ordinances, or public policy or public moral;
  9. To violate the provisions of this Terms and Conditions; or,
  10. To conduct any acts we consider to be as inappropriate as any of the above 1-9 for the User of the Application.
Article 11

Prohibition of Transfer of Rights

  1. The User is not permitted to transfer the right to use this Application to any third party.
  2. Yamaha may transfer all or part of the Application to a third party at our discretion, in which case all rights and obligations of the User of the Application, including the User's account, shall be transferred to the transferee in accordance with the conditions of such transfer to the extent permitted by the applicable law.
Article 12

Cancellation of subscription

  1. When the User wishes to unsubscribe from this Application, the User shall notify Yamaha through the inquiry form of this Application. The cancellation of subscription of this Application shall take effect upon submission of the inquiry form through the Application.
  2. As a result of request for deletion of User information of the Application, the User agrees in advance that the User will not be able to use the Application or any other mobile applications provided from Yamaha using the Yamaha Motor ID.
Article 13

Termination of use of the Application

In case Yamaha acknowledges the following, Yamaha may suspend or terminate the use of the Application by the User without prior notice to the User, and the Yamaha Motor ID may also be unregistered. Yamaha assumes no liability for any damages incurred on the User to the extent permitted by the applicable law.

  1. If you cancel subscription from My Yamaha Motor application and you also cancel the membership from the Yamaha Motor ID;
  2. If Yamaha suspends or terminates the use of the My Yamaha Motor application by the User and deletes the registered Yamaha Motor ID of the User;
  3. If there are false, inaccurate, incorrect, or missing information in the registered information to the Application or to the Yamaha Motor ID;
  4. If information of the User necessary for the use of the Application, including the registered information, is deleted at the request of the User;
  5. If the User does not exist;
  6. If the User has not used the Application for a period of more than three years from the last time the User used the Application;
  7. If the User belongs to any anti-social force or has any relationship with any anti-social force;
  8. If the User does not agree to this Terms and Conditions;
  9. If the User violates any of this Terms and Conditions; or,
  10. If Yamaha determines the User is as inappropriate as any of the above 1-9 as a user of the Application.
Article 14

Effect of cancellation and termination

Yamaha will delete the User's personal information obtained through this Application when the User cancels use of the Application or Yamaha terminates the use of this Application by the User. However, information provided by the User except for those information other than personal information (including anonymized processed information) may continue to be stored and may be used as statistical data.

Article 15

Deletion of information

  1. Yamaha may delete information and other content registered by the User, including but not limited to usage history, without notifying the User. Yamaha shall not be liable for any disadvantage or damage to the User due to such deletion of information to the extent permitted by the applicable law.
  2. The User acknowledges and agrees that Yamaha may disclose the information of the User upon request from any governmental organization or pursuant to any applicable law or regulation.
Article 16

Modification or termination of provision of this Application

  1. Yamaha may modify, add or delete any contents of this Application in whole or in part without notifying the User.
  2. Yamaha will not be liable for any damages caused to the User due to any modification, addendum or deletion of the contents to the Application to the extent permitted by the applicable law.
Article 17

Temporary interruption of the Application

In any of the following cases, Yamaha may temporarily suspend the provision of services of the Application without notifying the User. In such case, Yamaha assumes no liability for any damages caused to the User to the extent permitted by applicable law.

  1. Periodic or emergency system maintenance of this Application;
  2. Inability to provide service of the Application due to a fire, power failure, any natural disasters such as earthquakes, floods, tsunami, war, riots, disturbances, labor disputes, etc.
  3. Suspension of communication network service, including but not limited to, any failure to the network or any failure due to the using environment of the Application by the User;
  4. Cases Yamaha determines that it is necessary to temporarily suspend the provision of service of the Application, for any reason including operational or technical problems.
Article 18

Intellectual Property Right

  1. Any intellectual property, including but not limited to, copyrights, patents, trademarks and design rights of text, images, photographs, sound, videos, information, etc. ("Contents”) provided through this Application belongs to Yamaha. The User shall not use any copyrighted materials acquired through this Application beyond the scope explicitly permitted by this Terms and Conditions. Nothing contained herein shall be construed as granting to the User any license of any intellectual property rights related to the Application owned by Yamaha.
  2. Copyright and any and all other rights relating to any comments from the User related to this Application to Yamaha will belong to Yamaha. The User making such comments to us shall not exercise the rights of the copyright holder for such comments.
Article 19

Amendment to this Terms and Conditions

  1. The User acknowledges and agrees that Yamaha may time to time make revisions to the contents of this Terms and Conditions at any time without the consent of the User.
  2. Yamaha will notify the User of any revisions to this Terms and Conditions either on Yamaha’s website or on the Application or any other means that the User can refer to.
  3. Revisions to the Terms and Conditions takes effect as soon as Yamaha issues notices of any revision in accordance with the previous paragraph. In case of any revision to the Terms and Conditions that may have significant impact on the User, Yamaha will notify the User of any revision with a reasonable notice period.
  4. If the User uses or logs into the Application after any revision of this Terms and Conditions takes effect, the User is deemed to have agreed to the revised Terms and Conditions.
Article 20

Disclaimer

  1. Yamaha will not be liable for any damages arising from modification, interruption or termination of the contents of this Application to the extent permitted by the applicable law.
  2. Yamaha will not be liable for any damages caused by use or inability to use this Application to the extent permitted by the applicable law.
  3. Yamaha does not assume any responsibility whatsoever for the User's use or inability to use the Application in any environment to the extent permitted by the applicable law.
  4. Yamaha makes no warranties regarding operation, fitness, usefulness, accuracy and completeness of the Application for any particular purpose.
  5. Yamaha will not be liable for any damages to any User to the extent permitted by the applicable law in cases when;
    1. Even though Yamaha has taken considerable security measures, unauthorized access by third parties or illegal acts such as intrusion of computer viruses have occurred; or,
    2. Disruption, delay, or inability to use the Application or loss of information on the Application due to the failure of communication lines, systems, servers, etc.
  6. Yamaha does not guarantee that this Application is compatible with all devices, and the User acknowledges that there may be problems with the operation of this Application due to the version upgrade of operation systems such as Android OS or iOS provided for the use of this Application. Yamaha does not warrant that such problems will be resolved by modification of the programs we make in the event of such problems.
  7. The User shall acknowledge in advance that use of some or all of this Application may be restricted due to changes in the Terms and Conditions and operational policy of the service store, such as App Store, Google Play.
  8. Yamaha shall not be liable for any dispute between the User and any third party (including but not limited to other users of the Application) regarding the use of this Application.
  9. If any third party claims to Yamaha for damages due to the act or omission of the User, the User shall resolve this at the User's expense (including attorney's fee) and responsibility. If Yamaha pays such third party for damages, the User shall indemnify Yamaha for any fees, including attorney's fees and lost profits, including damages.
  10. If the User incurs any damages to Yamaha in connection with the use of the Application, the User shall indemnify Yamaha.
Article 21

Severability

If any provision of these Terms and Conditions is held invalid or unenforceable, wholly or in part, the validity or enforceability of other provisions shall not be affected thereby. The invalid or unenforceable provision shall be deemed replaced by such valid and enforceable provision which serves best the economic interest of the User and Yamaha that was originally pursued by the invalid or unenforceable provision.

Article 22

Governing Law & Jurisdiction

  1. This Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
  2. Any dispute between the User and Yamaha with respect to this Terms and Conditions or use of this Application shall be finally settled in arbitration in Tokyo, Japan by the Japan Commercial Arbitration Association pursuant to its arbitration rules.
Article 23

Governing Language

English shall be the governing language of this Terms and Conditions. Any version in any other language is for convenience purpose only.

Additional notification for the users in the following areas/countries

  1. South Korea
    Location-Based Services Terms and Conditions of Yamaha Motorcycle Connect (LINK)

Last updated: August 26, 2021
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