TORP App Terms of Use

1. About These Terms

These terms govern your use of the TORP App for iOS and Android. By installing or using the app, you accept them.

They sit alongside our Terms & Conditions, which govern the purchase and use of TORP products themselves. Where these app terms and the Terms & Conditions cover the same subject, the more specific provision applies. Section 21 of the Terms & Conditions already covers firmware, connected functions and updates, and is not repeated here.

Any mandatory right you have under consumer law that cannot be excluded remains unaffected by these terms.

2. Licence to Use the App

The TORP App is free. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use it on devices you own or control, for the purpose of setting up, tuning, diagnosing and updating TORP products.

You may not:

• copy, sell, rent, sub-licence or redistribute the app;
• reverse-engineer, decompile or disassemble it, except to the extent that applicable law expressly permits;
• modify it, or create derivative works from it;
• remove or obscure any notice of ownership;
• use it to interfere with, probe or attack our systems or another person’s equipment; or
• use it to circumvent a safety limit, a licensing restriction, or any control we apply for safety, cybersecurity or legal reasons.

We and our licensors keep all intellectual property rights in the app, its firmware and its content. Nothing here transfers ownership to you.

3. No Account

The app has no user accounts, no sign-up and no login. Your controller’s optional Bluetooth password is a device PIN held on your phone, not a credential for a TORP service. You are responsible for keeping that PIN, and physical access to your phone and your motorcycle, secure.

4. What the App Does to Your Motorcycle

This is the most important section of these terms.

The TORP App changes how your motorcycle behaves. It can alter power delivery, torque, throttle response, speed and other characteristics, and it installs firmware that controls the vehicle while you ride.

You are responsible for the settings you apply and for the consequences of applying them. In particular:

• a setting that suits a closed course may be unsafe or unlawful on a public road;
• increasing power or speed can exceed what the rest of the motorcycle, including brakes, tyres, suspension, frame, battery and BMS, is able to handle safely;
• your motorcycle may cease to be road-legal, insurable, or compliant with its registration once modified; and
• changes you make may affect the warranty given by the manufacturer of the motorcycle or of another component.

Section 20 of our Terms & Conditions sets out the installation, maintenance and rider-competence responsibilities that apply, including that a minor should ride only under the supervision of a responsible adult. Those responsibilities apply in full to anything you do through the app.

5. Safety While Using the App

Do not operate the app while riding. Stop the motorcycle and park it safely before changing settings, running a calibration or starting an update.

Calibration spins the rear wheel. Lift the rear wheel clear of the ground and keep people, animals and objects away from it before you start.

Do not start a firmware update with the motorcycle in a position where unexpected movement, loss of power or a fault could cause harm.

If the motorcycle behaves unexpectedly after a change, stop riding, return the setting to a known-good configuration, and contact us before continuing.

6. Firmware and Updates

Firmware for your controller and connected modules is delivered through the app.

You must install safety-critical updates promptly once you are notified of them. We may decline to support, or to accept a warranty claim relating to, a fault that a released update would have prevented.

An interrupted update can leave a device unusable until it is recovered. Follow the instructions in the app, keep the connection and the power supply stable, and do not disconnect a device mid-update.

We may change, add or remove app or firmware functionality, including for safety, cybersecurity, legal or compatibility reasons, as set out in section 21 of the Terms & Conditions.

7. Beta and Pre-Release Features

Features offered as beta, pre-release, experimental, in development or coming soon may be incomplete, may change, and may be withdrawn. They are provided for evaluation and are not a guaranteed feature of any product you have bought, unless it was expressly sold with that feature.

Opting into beta firmware carries a higher risk of faults and unexpected behaviour. Do not run beta firmware on a motorcycle you depend on, or in a setting where a fault would be dangerous.

8. Data and Privacy

What the app collects, what stays on your phone, what is sent to us and which services receive data is set out in the TORP App Privacy Policy.

Two points that also matter as terms:

• Controller diagnostic sharing is on by default. You can turn it off in the app at any time.
• Ride GPS, lap-tracker data and drag sessions are stored only on your device. We cannot recover them for you if you lose or reset your phone, or uninstall the app. Keep your own copy of anything you want to keep.

9. Availability

The app is provided as it is and as available. We do not promise that it will be uninterrupted, error-free, or compatible with every phone, operating-system version or motorcycle configuration.

We may suspend or withdraw all or part of the app, or end support for an operating-system version or a hardware generation, where that is reasonable. Where a withdrawal would materially affect a product you have bought, we will give reasonable notice unless a safety or legal reason prevents it.

10. Third-Party Services and App Stores

The app uses third-party services, including map, navigation, analytics, crash-reporting and messaging services, which are named in the TORP App Privacy Policy. Their own terms apply to their services, and we are not responsible for them.

You download the app from the Apple App Store or Google Play, and the store’s own terms apply to that download.

Apple and Google are not parties to these terms. They have no obligation to provide any support or maintenance for the app, and any claim relating to the app is between you and us, not between you and the store. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

You confirm that you are not located in a country subject to an embargo that would prohibit your use of the app, and that you are not on a prohibited-party list.

11. Liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited. Your mandatory rights as a consumer are not affected.

Subject to that, we are not liable for:

• loss or damage caused by settings you chose, or by riding in a manner or place for which those settings were unsuitable;
• loss or damage caused by using the app contrary to these terms, the safety instructions, or the Terms & Conditions;
• loss of data stored only on your device;
• the acts or omissions of a third-party service named in the privacy policy; or
• loss that was not reasonably foreseeable when you began using the app.

Our liability arising out of the app itself, which is provided free of charge, is limited to the extent permitted by law. This does not limit any remedy you have for a TORP product under the Terms & Conditions or the TORP Limited Warranty.

12. Ending Your Use

You may stop using the app at any time by uninstalling it. Uninstalling removes the data held on your device, as described in the privacy policy.

We may suspend or end your licence to use the app if you breach these terms in a way that is serious, or that risks safety, security or our lawful operation. Ending the licence does not affect your rights in the TORP products you own.

13. Changes to These Terms

We may update these terms, for example when the app gains or loses functionality or when the law changes. The date at the top of this page shows when they were last updated. Continuing to use the app after a change means you accept the updated terms. Where a change requires your consent, we will ask for it.

14. Governing Law

These terms are governed by Croatian law, and the courts of the Republic of Croatia have jurisdiction, in each case without depriving a consumer of the protection of the mandatory law of the country in which they live. Section 30 of the Terms & Conditions sets out our general position.

15. Contact

Torp d.o.o. Ribarska 1A 51000 Rijeka Croatia

Email: info@torp.hr