Terms & Conditions

These Terms and Conditions (these "Terms") are entered into between you and the contracting entity listed in section 11.9 ("Company", "we" or "us") and apply to your use of the website www.starkfuture.com ("Website"), your purchase and use of the electric motorcycle sold by the Company along with any spare parts, accessories, clothing, tools or other related products (the "Products"), and the related online platform and application we make available for use in connection with the Products (the "Platform"). The Website and any content, tools, features and functionality offered on or through our Website, the Products and the Platform are collectively referred to as the "Services".

Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to the Company's Services AND/or products through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained in Section 10.

1. Who May Use the Services

You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. User Accounts; SUBSCRIPTIONS

2.1 Creating and Safeguarding your Account. To use certain of the Services, you need to create an account or link to another account, such as your Facebook or Google account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account via the settings page for your account profile. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@starkfuture.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.

2.2 Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in the local currency for your jurisdiction. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services (i.e., premium features), we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.

2.3 Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew on a monthly basis and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription 90 days before the subscription period renewal date through the settings page of your Account profile.

2.4 No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

3. ORDERS FOR PRODUCTS AND/OR SERVICES

3.1 Payment. The Services permit you to purchase Products through the Website and the Platform, including products or services of third parties that are offered through the Services. You acknowledge and agree that all information you provide with regards to a purchase of Products, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. Payment can be made by the methods indicated in the checkout process. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Products, and (b) refuse to allow any user to purchase any Products or deliver such Products to a user or a user designated address. When you purchase Products, you (a) agree to pay the price for such Products as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the "Full Purchase Amount"), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. The currency charged will depend on which country you are purchasing the Product from. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.

3.2 Deposits. We may, from time to time, offer the option to reserve a Product in advance by making a non-refundable deposit. The deposit amount will be set forth in the checkout process and will vary depending on the Product purchased. We may cancel your reservation and refund your deposit at any time. Before any scheduled delivery, you will receive an email or other notice from the Company with instructions on how to complete the remaining payment for the Product (and we will attempt to send such email to you at least 2 weeks before any scheduled delivery). If payment is not provided within 48 hours of receiving such email, your order will be cancelled unless we consent otherwise.

3.3 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

3.4 Gift Cards. Tangible and/or digital gift cards containing stored money value may be offered by us for the purchase of Offerings ("Gift Cards"). The Company does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to your Gift Card balance, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. We may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you agree and represent and warrant to the Company that your use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law).

3.5 Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products. While we attempt to be as accurate as we can in our descriptions for the Products, we do not warrant that Product descriptions are accurate, complete, reliable, current, or error-free. For example, there is a risk of coloring and display errors on the Platform due to computer screen resolutions and actual Product colors may vary. Additionally, lights in the Products (i.e., headlights, indicators, etc.) are subject to change based on local regulations and as such the lights shown in a Product on the Platform or Website may differ from the delivered Product. The inclusion of any Products for purchase through the Services at a particular time does not imply or warrant that the Products will be available at any other time. We reserve the right to change prices for Products displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Products prices to the Services and/or upon making the customer aware of the pricing error. In the United States and Canada, sales tax is not included in the price shown on the Website and will be added according to federal and state regulations before final payment.

3.6 Order Acceptance. Once we receive your order for a Product, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Price Subject to Duties, Tariffs, and Regulatory Charges. You acknowledge and agree that the Products are manufactured in Spain and may be subject to additional import duties, tariffs, customs fees, and other government-imposed charges levied by the United States, the European Union, or any other country where the Products are imported or delivered.

3.6.1. Duty and Tariff Adjustments Prior to Final Delivery. (a) Baseline Pricing: The price of the Products displayed on the Website, on any purchase order, or any sale purchase agreement entered between you and the Company has been determined based on the import duties, tariffs, and regulatory fees in effect as of the date of your purchase or the day you visited the Website. The final price payable by you may be subject to adjustment to reflect any modifications in duties, tariffs, or other charges imposed by any relevant authority before the final delivery date. (b) Scope of Adjustments: The following circumstances may result in a price adjustment: (i) New or Increased Import Duties or Tariffs – If any country imposes new import duties, tariffs, or other trade-related levies or increases existing ones applicable to the Products, the additional costs shall be borne by you, or (ii) Withdrawal or Reduction of Trade Benefits – If any preferential trade agreement, exemption, or special tariff reduction (such as Free Trade Agreements, preferential treatment under WTO rules, or other bilateral/multilateral agreements) is revoked or reduced, you shall bear the resulting increase in costs, or (iii) Changes in Customs Valuation or Classification – If customs authorities in the importing country modify the tariff classification, customs valuation method, or impose new administrative fees affecting importation costs, these additional costs shall be included in the price adjustment.

3.6.2. Notification and Implementation of Adjustments. If a change in duties, tariffs, or other regulatory charges occurs before final delivery, we will provide you with written notice detailing: (i) the nature of the change, (ii) the impact on the final price; and the supporting documentation, if applicable. Upon notification, you shall be required to pay the adjusted price reflecting the additional costs. Failure to accept and pay the adjusted amount may be deemed a material breach of these Terms, entitling us to suspend performance, cancel your order, or refuse delivery without liability. Upon request, we will provide reasonable documentation, such as official government notices, customs rulings, or tariff assessments, to justify the price adjustment.

3.6.3. Force Majeure and Trade Policy Changes. If any extraordinary tariff increase, import restriction, or governmental action significantly affects the cost or feasibility of importation, we reserve the right to renegotiate pricing terms or terminate the Agreement, Purchase Order, or Sale Purchase Agreement without liability. If the Products become subject to anti-dumping investigations, countervailing duties, trade restrictions, or other enforcement actions by any importing country’s authorities, we reserve the right to adjust pricing or suspend deliveries until such matters are resolved.

3.7 Shipment. Shipping costs are indicated at checkout, and shipping conditions are applied according to Incoterms standards. Products delivered in any of the following countries will be undertaken according to CPT Incoterms: countries in the European Union, Switzerland, the United Kingdom, Norway, Iceland, Isle of Man, Liechtenstein, Luxembourg, Malta, the United States, Canada, Australia, New Zealand and Turkey. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. For the rest of the world, CFR/CPT [Destination Port] Incoterm will apply (Cost and Freight / Cost Paid To), meaning that the payment of import customs duties & taxes, acquisition of required import licenses, fulfilment of any import regulations, and coordination of transport from the destination port, are under the responsibility of the purchaser. All orders are shipped using one of our third-party LSPs (Logistics Service Provider). Online tracking may be available at our LSP website, though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time and will not be responsible for any damages that may occur due to a delay or obligated to provide any discounts, refunds or credits due to any such delays. Alternatively, EXW (Ex Works) Incoterm is available upon request, indicating that the purchaser is responsible for all aspects of transportation, including arranging the pickup of goods from the seller's premises, as well as handling customs clearance, taxes, and transport to the destination through the buyer’s LSP. Title and risk of loss for any purchases of physical are defined as per Incoterm standards.

3.8 Returns and Refunds. The Company will not accept any returns or cancellations nor issue refunds for deposits or purchases of any customized Products. If you purchased a non-customized Product, you have the right to return your order within 14 days by emailing us at support@starkfuture.com before the end of the 14-day period. The Products must be returned to the Company in their original condition and packaging. Note that additional duties, taxes or shipping costs will not be refunded. You will be responsible for the cost of shipping any returns, and the Company will charge an additional return fee to cover restocking expenses, which will vary depending on the Product.

3.9 Manufacturer's Warranty and Disclaimers. Certain of the Products made available on the Services are manufactured by third parties ("Third Party Products"). The availability of Third Party Products through the Services does not indicate an affiliation with or endorsement by us of any Third Party Product or its manufacturer. Accordingly, we do not provide any warranties with respect to the Third Party Products. However, the Third Party Products offered on our Services are covered by the manufacturer's warranty as detailed in the manufacturer's documentation included with the Third Party Product. To obtain warranty service for defective Third Party Products, please follow the instructions included in the manufacturer's warranty.

3.10 No Delivery or other Services to Children. Users under the age of 13 are not permitted to use any of the Services. User are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or for any other reason.

4. Location of Our Privacy Policy

4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at starkfuture.com/terms.

5. Rights We Grant You

5.1 Right to Use Services. We hereby permit you to use the Services for your personal use only, provided that you comply with these Terms in connection with all such use. The Products (in particular, the motorcycles) include software and related documentation owned or controlled by us which are distributed to you as part of your use of the particular Product. Such software is licensed to you only, and accordingly, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Product (and right to download a single copy of the Platform onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Product as permitted by these Terms. You may not modify, decompile, or attempt to extract such software from any Product. This license excludes the right to rent, lease, display or otherwise distribute or make the software available to any third party. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. All rights not expressly granted to you under these terms are reserved by the Company.

5.2 Restrictions. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

(e) use the Services to collect any personal information;

(f) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(g) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;

(h) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

(i) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(j) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, "mines," scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(k) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(l) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;

(m) violate any applicable law or regulation in connection with your access to or use of the Services;or

(n) access or use the Services in any way not expressly permitted by these Terms.

5.3 Use of the Platform. You are responsible for providing the correct device, equipment, wireless service plan, web browser (i.e., Google Chrome, Firefox and Safari), software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform will be available in, or that orders for Products can be placed from, any particular geographic location. We do not guarantee that the Platform will work with any particular web browser, and we may stop supporting any web browser at any time in our discretion. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the Platform ("Push Messages"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages from the Company.

5.4 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the Platform from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the Platform from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the Platform or content thereof. Your use of the Platform must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (a) product liability claims, (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Platform or your possession and use of that Platform infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the Platform. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the Platform, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

6. Ownership and Content

6.1 Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. You are prohibited from modifying, copying, reproducing, communicating to the public or distributing, in whole or in part, the Services or any of its content for any public or commercial purposes, except with our prior written consent.

6.2 Ownership of Trademarks. The Company's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

6.4 Your Content License Grant. In connection with your use of the Services, including the Platform, you may be able to post, upload, or submit content, information and other materials to be made available through the Services ("Your Content"). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolut