Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Gearmind mobile application, the website at gearmind.in, and all related features, content, tools, and services (collectively, the "Service"), operated by Gearmind ("Gearmind", "we", "us", or "our").

Please read these Terms carefully. By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account and use the Service. The Service is not directed to children under 13, and we do not knowingly permit them to use it. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

2. Your Account

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@gearmind.in of any unauthorized use or suspected breach of security. We are not liable for any loss or damage arising from your failure to protect your account.

3. The Service

Gearmind is an AI-powered digital garage and platform for motorcycle enthusiasts. The Service may help you catalog your motorcycle, evaluate the potential compatibility of parts and modifications, receive AI-generated suggestions and diagnostic insights, and share builds with the community. We may add, modify, suspend, or discontinue any feature of the Service at any time without liability to you.

4. AI Recommendation Disclaimer

This section is important. Read it carefully.

The Service includes artificial intelligence tools that generate recommendations, suggestions, diagnostic insights, fitment estimates, and other automated outputs (collectively, "AI Recommendations").

• AI Recommendations are provided for general informational, educational, and entertainment purposes only. They are not certified mechanical engineering advice, professional diagnostic services, safety certifications, or a substitute for inspection and judgment by a qualified, licensed mechanic or engineer.
• AI Recommendations are generated by automated systems that can be incomplete, inaccurate, outdated, or wrong. They do not account for the unique condition, history, wear, regional specification, or modification state of your specific vehicle.
• You assume one hundred percent (100%) of the risk for any decision you make or any action you take based on AI Recommendations, including any physical modification, repair, part installation, tuning, or alteration made to your vehicle.
• Before acting on any AI Recommendation, you must independently verify it with a qualified, licensed professional. Gearmind does not warrant and is not responsible for the accuracy, completeness, fitness, legality, or safety of any AI Recommendation.

By using the AI tools, you acknowledge and accept this allocation of risk.

5. Parts Fitment, Compatibility, and Mechanical Safety

The Service may help you evaluate whether a part or modification is potentially compatible with your motorcycle. This is an estimate based on available data and automated matching, and it is not a guarantee of fit, function, safety, or legality.

• You, or a certified mechanic acting on your behalf, must physically verify fitment, clearances, torque specifications, and safe installation before operating the vehicle. Compatibility information in the Service must never be treated as a final authority.
• Gearmind is not responsible or liable for mechanical failure, accident, injury, death, property damage, damaged or destroyed parts, improper installation, voided manufacturer or dealer warranties, loss of insurance coverage, regulatory non-compliance, or any other consequence arising from parts, modifications, or fitment decisions, whether or not informed by the Service.
• Motorcycle modification is inherently dangerous. You are solely responsible for ensuring that your vehicle is roadworthy and complies with all applicable laws, manufacturer specifications, and safety standards before operation.

6. User-Generated Content

The Service allows you to upload, post, and share content, including photographs, build specifications, part lists, descriptions, comments, and other materials ("User Content").

• Ownership. You retain ownership of your User Content. By submitting User Content, you grant Gearmind a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify (for formatting and display), publish, and display that User Content for the purpose of operating, promoting, and improving the Service. This license ends when you delete your User Content, except for copies retained in routine backups or where others have re-shared it.
• Your responsibilities. You represent and warrant that you own or have all necessary rights to your User Content, and that it does not infringe any third party's intellectual property, privacy, or other rights, and does not violate any law or these Terms or our Acceptable Use Policy.
• Accuracy of build specs. Build specifications, part data, and modification details you post are your own statements. Other users must not rely on them as verified or safe. Gearmind does not endorse, verify, or assume responsibility for any User Content.
• Moderation. We may, but are not obligated to, review, screen, remove, or disable access to any User Content at our sole discretion, with or without notice, including content we believe violates these Terms.
• Feedback. If you send us suggestions or feedback, you grant us an unlimited right to use it without obligation or compensation to you.

7. Acceptable Use

Your use of the Service is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy is a violation of these Terms.

8. Intellectual Property

The Service, including its software, AI models, fitment data, parts architecture, text, graphics, logos, and the "Gearmind" name and branding, is owned by Gearmind or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use, subject to these Terms. No other rights are granted.

9. Third-Party Content and Services

The Service may reference or link to third-party products, parts, vendors, websites, or services. We do not control and are not responsible for third-party content, products, or practices. Any dealings you have with third parties are solely between you and that third party.

10. Payments and Subscriptions

If the Service offers paid features or subscriptions, the applicable price, billing cycle, and renewal terms will be disclosed at the point of purchase. Where you purchase through a third-party app store (such as the Apple App Store or Google Play), that store's payment, billing, and refund policies also apply, and your purchase is subject to that store's terms.

11. App Store Terms (Apple and Google)

If you download the application from a third-party app marketplace, the following additional terms apply:

• Acknowledgement.These Terms are concluded between you and Gearmind only, and not with Apple Inc. or Google LLC ("App Providers"). Gearmind, not the App Provider, is solely responsible for the application and its content.
• Scope of License.Your license to use the application is limited to a non-transferable license to use it on any device that you own or control, as permitted by the applicable app store's usage rules.
• Maintenance and Support. Gearmind is solely responsible for any maintenance and support for the application. The App Providers have no obligation to furnish any maintenance or support.
• Warranty. To the maximum extent permitted by law, the App Providers have no warranty obligation with respect to the application. Any warranty claims are the responsibility of Gearmind.
• Product Claims. Gearmind, not the App Providers, is responsible for addressing any claims relating to the application, including product liability, legal or regulatory compliance, and consumer protection claims.
• Intellectual Property. In the event of any third-party claim that the application infringes intellectual property rights, Gearmind, not the App Providers, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Third-Party Beneficiary. You acknowledge that the App Providers and their subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.
• Compliance with Export and Usage Rules. You represent that you are not located in an embargoed country or on any government restricted-parties list, and that you will comply with all applicable third-party agreements when using the application.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Gearmind disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that the Service, AI Recommendations, or fitment data will meet your requirements or be reliable, complete, safe, or legal for your particular use.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

• In no event will Gearmind, its founders, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, vehicle value, or for personal injury, death, or property damage, arising out of or related to your use of (or inability to use) the Service, AI Recommendations, fitment data, or User Content, whether based in contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
• Gearmind's total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid to Gearmind in the twelve (12) months preceding the event giving rise to the claim, or (b) five thousand Indian Rupees (INR 5,000).
• Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits any liability that cannot lawfully be limited, including liability under applicable consumer protection law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Gearmind and its founders, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Content, your modifications to any vehicle, or your violation of these Terms, the Acceptable Use Policy, or any law or third-party right.

15. Account Termination

• By you. You may stop using the Service and request deletion of your account at any time by contacting us at support@gearmind.in.
• By us. We may suspend or terminate your account and access to the Service at any time, with or without notice, if we believe you have violated these Terms or the Acceptable Use Policy, if required by law, or to protect the Service, other users, or Gearmind.
• Effect of termination. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to its conflict of laws principles. Subject to any non-waivable rights you have under applicable consumer protection law, the courts located in India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

18. General

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Gearmind regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them freely.

19. Contact Us

Questions about these Terms can be sent to support@gearmind.in.