Terms of Use for GPX files

Terms of Use for GPX Files

Tim Kulzer / “motourvibes”

1. Scope of Application

These Terms of Use apply to all digital content provided by Tim Kulzer / “motourvibes” (hereinafter referred to as the “Provider”), whether free of charge or for a fee. This includes in particular:

  • GPX files containing route suggestions and points of interest (POIs)

  • Individually planned motorcycle tours in digital form

  • Roadbooks, map material, and supplementary planning documents

These Terms of Use apply in addition to the Provider’s General Terms and Conditions (GTC). In the event of any conflict, the GTC shall prevail unless these Terms of Use contain more specific provisions.

2. Subject Matter of the Contract

The Provider supplies digital route recommendations and tour planning services for private use only.
These services constitute solely planning and orientation aids and do not constitute travel services within the meaning of Section 651a of the German Civil Code (BGB).

The Provider does not owe or guarantee the actual rideability or legal permissibility of individual route sections.
The execution of the trip is carried out entirely at the user’s own responsibility.

3. Granting of Rights of Use

Upon purchase or download, the user is granted a simple, non-exclusive, non-transferable, and non-sublicensable right of use for private use only.

In particular, the following is prohibited:

  • Passing on, distributing, or publishing the content (in whole or in part)

  • Commercial use (e.g. guided tours, training courses, travel offers, media content)

  • Editing the content for the purpose of distribution to third parties

Edits for purely private use are permitted, provided they are not published or shared.

4. Disclaimer and Nature of the Content

The content is provided “as is”.
It does not constitute binding navigation instructions, but merely non-binding route suggestions and planning aids.

In particular, the Provider does not guarantee:

  • the accuracy, completeness, or timeliness of the content

  • the accuracy of GPS coordinates

  • the actual rideability, condition, or safety of the routes

  • the legal permissibility of individual roads, passes, or route sections

Routes may change at any time or be temporarily or permanently closed (e.g. due to weather conditions, construction work, local regulations, private property, or official orders).

Use of the content is entirely at the user’s own risk.

5. User’s Personal Responsibility

The user expressly acknowledges that:

  • they are solely responsible for navigation, riding style, route choice, and compliance with all applicable laws

  • traffic signs, barriers, closures, and local regulations must always be observed

  • the decision to ride any road or trail is made entirely at their own discretion

If the user unintentionally enters private or restricted property, they must turn around immediately.

6. Specific Risks of Motorcycle and Adventure Riding

Motorcycling inherently involves risks. These risks increase in particular when riding in:

  • remote regions with limited or no mobile phone coverage

  • unpaved terrain (gravel, sand, mud, rocks, water crossings)

  • changing weather and road conditions

  • situations involving high physical strain (e.g. lifting the motorcycle, heat, cold, dehydration)

  • areas with limited medical care

  • locations far from workshops in the event of mechanical failures

Additional risks may arise from:

  • wild animals, livestock, and domestic animals

  • other road users with different driving standards

  • regional characteristics, political or social tensions

  • residual hazards in certain countries, such as uncleared former conflict or war zones

The user undertakes to ride only routes that correspond to their personal riding skills, physical condition, and equipment, to adapt their speed accordingly, and to turn back if in doubt.

7. Preparation, Equipment, and Legal Requirements

The user is solely responsible for ensuring that:

  • both motorcycle and rider are properly insured, licensed, and roadworthy

  • all required documents (driving licence, insurance, identification, visas if applicable) are carried

  • suitable equipment is available (tires, protective clothing, first aid kit, communication devices, spare parts)

  • they are medically fit to ride

Riding is always carried out at the user’s own responsibility.

8. Limitation of Liability

The Provider’s liability is excluded except in cases of intent, gross negligence, or injury to life, body, or health.

In particular, the Provider shall not be liable for:

  • accidents, personal injury, or property damage

  • fines, penalties, vehicle damage, or loss of use

  • legal consequences resulting from the use of the routes

9. Restrictions on Use

The content may be used exclusively for private, non-commercial purposes.
Any form of distribution, publication, or commercial use is prohibited.

10. Right of Withdrawal for Digital Content

In accordance with Section 356 (5) of the German Civil Code (BGB), the right of withdrawal for digital content expires if:

  • the Provider has begun performance of the contract,

  • the user has expressly consented to performance beginning before the expiry of the withdrawal period, and

  • the user has confirmed that they thereby forfeit their right of withdrawal.

By completing the order, the user expressly agrees to these conditions.

11. Free Content

These Terms of Use also apply in full to any GPX files or other content provided free of charge.

12. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany shall apply.
The place of jurisdiction shall be the Provider’s place of business, insofar as legally permissible.

13. Severability Clause

Should individual provisions of these Terms of Use be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

By purchasing or downloading content, the user agrees to these Terms of Use as well as to the Provider’s General Terms and Conditions.