TERMS OF SERVICE

By accessing or using motostaq.com ("MotoStaq," "the Platform," "the Service"), operated by MotoStaq LLC ("we," "us," "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

1. Platform Overview

MotoStaq is an online marketplace that connects buyers and sellers of motorcycle parts, accessories, gear, and complete motorcycles. MotoStaq is not a party to transactions between users. We facilitate the connection, provide payment processing, and offer AI-powered tools to assist users. We do not manufacture, inspect, warehouse, or ship any items.

2. Eligibility

You must be at least 18 years of age to use MotoStaq. By using the Service, you represent and warrant that you are at least 18, have the legal capacity to enter into these Terms, and are not barred from using the Service under applicable law. You must provide accurate, current, and complete account information.

3. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. One account per person. You must notify us immediately of any unauthorized use at [email protected]. We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraud, or pose a risk to other users.

Accounts are personal and non-transferable. You may not sell, trade, gift, or otherwise transfer your account or any account privileges (including referred seller status or seller verification) to any other person or entity. Any attempt to transfer an account will result in immediate and permanent termination of the account and revocation of all associated privileges, badges, and balances without refund.

MotoStaq reserves the right to require identity verification at any time, including but not limited to government-issued photo ID, to confirm account ownership. Failure to provide verification when requested may result in account suspension.

4. Seller Obligations

As a seller on MotoStaq, you agree to:

• Provide accurate, truthful descriptions of all items listed
• Disclose any defects, damage, or modifications honestly
• Ship items within the timeframe specified in your listing
• Respond to buyer inquiries in a timely manner
• Comply with all applicable local, state, and federal laws regarding the sale of motorcycle parts
• Only list items you legally own and have the right to sell
• Provide valid tracking information for all shipped orders
• Comply with all applicable tax obligations, including collecting and remitting sales tax where required by law

Failure to meet these obligations may result in listing removal, account suspension, or permanent ban.

5. Buyer Obligations

As a buyer on MotoStaq, you agree to:

• Pay for items you purchase promptly and in full
• Provide accurate shipping information
• Inspect items upon receipt and report issues promptly
• Not file false or fraudulent disputes or chargebacks
• Understand that compatibility and fitment are your responsibility — verify before purchasing

6. Prohibited Items & Conduct

The following items may not be listed on MotoStaq:

• Stolen parts or property of any kind
• Counterfeit or replica parts misrepresented as genuine OEM
• Parts with defaced, altered, or removed VIN or serial numbers
• Parts subject to active safety recalls (unless clearly disclosed with recall documentation)
• Non-motorcycle-related items
• Weapons, firearms, ammunition, explosives, or other hazardous materials
• Controlled substances, drugs, drug paraphernalia, or any substance regulated under federal or state law
• Alcohol, tobacco, or vaping products
• Items that violate applicable federal, state, or local laws
• Emissions-related parts where sale is restricted by law (e.g., EPA-regulated catalytic converters)
• Items obtained through fraud, theft, or any other illegal means
• Human remains, body parts, or bodily fluids
• Any item intended to facilitate illegal activity

The following conduct is prohibited on MotoStaq:

• Creating fake listings, shill bidding, or manipulating prices
• Using the platform to launder money or facilitate financial fraud
• Creating multiple accounts to circumvent bans, restrictions, or badge limits
• Impersonating another user, seller, or MotoStaq staff
• Filing false disputes, fraudulent chargebacks, or bogus DMCA claims
• Threatening, harassing, or doxxing other users
• Attempting to complete transactions off-platform to avoid fees or protections
• Posting content that promotes violence, hate speech, or illegal activity

Violations result in immediate listing removal, account termination, forfeiture of all pending payouts, and revocation of all badges and privileges — without refund. MotoStaq will report illegal activity (including stolen property, controlled substances, weapons, and fraud) to local, state, and federal law enforcement authorities, including providing all account information, IP addresses, transaction records, and communications as permitted by law.

7. Fees & Pricing

Listing items on MotoStaq is free. Upon a completed sale, the following fees apply:

• Standard platform fee: 10% of the sale price, deducted from seller payout (compare: eBay charges 13.25%–15% depending on category)
• Referred Seller fee: 8% of the sale price — locked for life for sellers who join through a creator (compare: eBay has no reduced rate program)
• Payment processing: Approximately 2.9% + $0.30 per transaction (Stripe fees), deducted from seller payout
• Buyer transaction fee: 2.9% + $0.30 per transaction — covers payment processing and is added to the order total at checkout
• Listing fee: $0 — free to list, always (compare: eBay charges insertion fees after a monthly free allotment)

MotoStaq may offer additional promotional or tiered fee structures at its discretion. We reserve the right to change fees with 30 days' written notice to active sellers. Referred sellers are permanently locked at their signup rate regardless of future changes.

8. Payments, Escrow & Inspection

All payments are processed through Stripe. The payment hold and inspection process works as follows:

• Payment hold: When a buyer completes checkout, funds are held in MotoStaq's Stripe platform account. The seller does not receive payment at this stage.
• Seller ships: The seller must provide a valid tracking number from a supported carrier (USPS, UPS, FedEx, DHL) to mark the order as shipped.
• Buyer confirms delivery: Once the buyer receives the item, they confirm delivery on MotoStaq. This starts a 48-hour inspection period.
• 48-hour inspection: During this window, the buyer may inspect the item. If the item is as described, the buyer can release payment early. If there is a problem, the buyer can open a dispute.
• Auto-release: If the buyer takes no action during the 48-hour inspection window, funds are automatically released to the seller.
• Auto-confirmation: If the buyer does not confirm delivery within 14 days of shipment, the order is automatically marked as delivered and the 48-hour inspection window begins.
• Dispute hold: If a dispute is opened, funds remain on hold until the dispute is resolved by MotoStaq.

MotoStaq reserves the right to hold payouts indefinitely if fraud, a dispute, or a Terms violation is suspected. Sellers must complete Stripe Connect identity verification (KYC) to receive payouts.

Payment custody notice: MotoStaq does not hold, custody, or transmit funds directly. All payment processing, fund holding, and disbursement is handled exclusively by Stripe, Inc., a licensed payment processor and money transmitter. MotoStaq instructs Stripe to release or withhold funds based on transaction status. MotoStaq is not a bank, money services business, or money transmitter.

9. Sales Tax

MotoStaq does not currently collect or remit sales tax on behalf of sellers. Sellers are solely responsible for determining, collecting, reporting, and remitting all applicable sales taxes, use taxes, and other transaction-based taxes required by federal, state, or local law in connection with their sales on the Platform. Buyers are responsible for any applicable use tax on purchases where sales tax was not collected. MotoStaq makes no representations regarding the tax obligations of any user and is not responsible for any tax liability arising from transactions on the Platform.

10. Marketplace Liability — Seller Responsibility

MOTOSTAQ IS A MARKETPLACE PLATFORM ONLY. MOTOSTAQ IS NOT A PARTY TO ANY TRANSACTION BETWEEN BUYERS AND SELLERS. WE DO NOT OWN, POSSESS, INSPECT, SHIP, OR HANDLE ANY ITEMS LISTED ON THE PLATFORM.

The seller is solely responsible for:

• The accuracy, quality, condition, safety, and legality of all items listed
• Proper packaging, shipping, and delivery of sold items
• Any items that arrive damaged, broken, defective, or not as described
• Lost or missing packages — sellers are strongly encouraged to purchase shipping insurance
• Compliance with all applicable shipping regulations and carrier terms
• All applicable taxes, duties, and fees associated with the sale
• Providing valid tracking information within the stated shipping timeframe
• Honoring any return or refund obligations as outlined in these Terms

MOTOSTAQ IS NOT RESPONSIBLE FOR AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGED, BROKEN, DEFECTIVE, MISSING, LOST, STOLEN, OR MISREPRESENTED ITEMS. ALL CLAIMS REGARDING PRODUCT CONDITION, SHIPPING DAMAGE, OR DELIVERY ISSUES ARE BETWEEN THE BUYER AND SELLER. MOTOSTAQ MAY ASSIST IN MEDIATION BUT IS NOT OBLIGATED TO DO SO AND ACCEPTS NO LIABILITY FOR THE OUTCOME OF ANY TRANSACTION.

11. Refunds & Returns

Refunds are handled between the buyer and seller. MotoStaq may assist in mediation but is not obligated to issue refunds. Guidelines:

• Item not as described: Buyer should contact seller directly through MotoStaq messaging. If the seller agrees, MotoStaq can process a refund from the held funds (before release) or the seller must refund directly (after release).
• Item not received: If tracking does not show delivery within 14 days, and the buyer has not confirmed delivery, held funds will not be released to the seller.
• Buyer's remorse: Not eligible for refund unless seller agrees.
• Damaged in transit: This is between the buyer and seller. Sellers are encouraged to purchase shipping insurance. MotoStaq is not responsible for shipping damage.

Abuse of the refund system (3 or more claims in 90 days) may result in account restriction.

12. Disputes

Buyers may open a dispute during the 48-hour inspection period for any of the following reasons:

• Item not received
• Item not as described
• Item arrived damaged
• Counterfeit or fake part
• Wrong item sent

When a dispute is opened, funds are frozen and the order status changes to "disputed." Both the buyer and seller are notified. MotoStaq will review the dispute and may request evidence (photos, tracking info, messages) from either party. MotoStaq may, at its sole discretion, resolve the dispute in favor of either party, issue a full or partial refund, or release funds to the seller. MotoStaq's decision is final.

Abuse of the dispute system — including filing false or frivolous disputes — will result in account suspension and forfeiture of all pending transactions. Repeated false disputes (3 or more in 90 days) will result in permanent account termination.

Sellers who receive multiple upheld disputes will see their trust score reduced, which may result in listing review requirements, restricted selling privileges, or account termination.

13. Fraud Prevention & Security

MotoStaq takes fraud seriously. We employ the following measures to protect our community:

• Payment hold: Buyer funds are held by Stripe until delivery is confirmed via tracking. Sellers cannot access funds before delivery.
• Identity verification: MotoStaq reserves the right to require government-issued ID verification for sellers, high-value transactions, or flagged accounts at any time.
• Listing moderation: MotoStaq may review, flag, or remove listings that appear fraudulent, stolen, counterfeit, or otherwise violate these Terms.
• Account monitoring: We monitor for suspicious activity including rapid account creation, unusual transaction patterns, multiple failed payments, and IP anomalies.
• Chargeback abuse: Users who file fraudulent chargebacks will have their accounts permanently terminated and may be reported to law enforcement for wire fraud.

Stolen property: If MotoStaq receives a report that a listed item is stolen, the listing will be immediately removed and the seller's account suspended pending investigation. We will cooperate fully with law enforcement, including providing account details, IP logs, transaction history, and any communications. Selling stolen property is a felony in all 50 states.

Hacking & unauthorized access: Any attempt to gain unauthorized access to MotoStaq's systems, other users' accounts, or any data not intended for you constitutes a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state laws. MotoStaq will pursue all available civil and criminal remedies.

If you suspect fraud, stolen property, or illegal activity on MotoStaq, report it immediately to [email protected].

14. Creator & Referred Seller Program

MotoStaq operates a Creator Program that allows approved content creators to refer sellers to the platform and earn commissions. The following terms apply:

• Creators pay 0% platform fees on their own sales and earn 20% of platform fees generated by sellers they refer
• Referred Sellers — sellers who sign up through a valid creator referral code — are permanently locked in at an 8% platform fee rate for life, regardless of future standard rate changes
• Referred Seller status is non-transferable — it may not be sold, traded, gifted, or transferred to any other person or entity by any means
• Referred Seller benefits are permanently tied to the originating account and are revoked upon any attempt to transfer the account
• Creator commissions are calculated at 20% of the platform fee collected on each referred seller's completed sale
• MotoStaq reserves the right to modify or discontinue the Creator Program at any time with 30 days' written notice to enrolled creators
• MotoStaq reserves the right to revoke Creator or Referred Seller status at any time for violation of these Terms, including fraud, abuse, or misrepresentation

MotoStaq may offer additional seller programs or subscription tiers in the future. Each program will have its own terms, which will be presented at the time of enrollment.

15. AI Tools Disclaimer & Assumption of Risk

MotoStaq offers AI-powered tools including Diagnose, Part Identifier, Build Advisor, and Install Guide ("AI Garage"). These tools are provided strictly for informational and educational purposes only. They do not constitute professional mechanical advice, certified repair instructions, or manufacturer-approved procedures.

15.1 No Professional Advice

• AI-generated diagnoses, part identifications, valuations, build recommendations, and installation guides are estimates, suggestions, and general guidance only — not guarantees of accuracy, safety, or suitability
• AI Garage tools are not a substitute for professional mechanical services, certified technician advice, or manufacturer service manuals. AI-generated diagnoses should always be verified by a qualified mechanic before performing any repairs.
• Installation guides are general in nature and may not account for your specific motorcycle model, year, aftermarket modifications, wear conditions, or local regulations
• Always consult manufacturer-specific service manuals for exact torque specifications, safety procedures, and required tools
• AI-generated valuations do not constitute appraisals or binding price commitments

15.2 Assumption of Risk

Motorcycle repair, modification, and parts installation involve inherent risks including but not limited to personal injury, property damage, and death. By using AI Garage tools, you expressly acknowledge and assume all risks associated with performing any work on a motorcycle or vehicle based on information provided by these tools.

You agree that:

• You are solely responsible for determining whether any AI-generated guidance is appropriate, accurate, and safe for your specific situation
• You will verify all information with qualified professionals before performing any mechanical work
• You will use proper safety equipment, tools, and precautions when working on any vehicle
• You will not attempt repairs beyond your skill level based solely on AI-generated instructions
• MotoStaq, its owners, employees, and agents are not responsible or liable for any injury, death, property damage, or any other loss arising from your use of or reliance on AI-generated content

15.3 Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE, RELEASE, AND DISCHARGE MOTOSTAQ, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO YOUR USE OF AI GARAGE TOOLS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR ECONOMIC LOSS, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.

15.4 No Warranty on AI Content

ALL AI-GENERATED CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR FITNESS FOR A PARTICULAR PURPOSE. MOTOSTAQ MAKES NO REPRESENTATIONS THAT AI-GENERATED GUIDES WILL PRODUCE SAFE OR CORRECT RESULTS FOR ANY SPECIFIC VEHICLE OR APPLICATION.

16. Intellectual Property & Proprietary Rights

16.1 MotoStaq's Intellectual Property

The MotoStaq platform, including but not limited to its name, logo, visual design, trade dress, source code, AI-powered features (including AI Garage, Diagnose, Part Identifier, Build Advisor, and Install Guide), seller programs, user interface designs, page layouts, algorithms, prompts, data models, and all associated branding are the exclusive intellectual property of MotoStaq and its owner(s). All rights reserved.

The following are trademarks or service marks of MotoStaq (whether or not registered): MotoStaq™ and AI Garage™. Use of these marks without prior written permission is strictly prohibited and may result in legal action.

16.2 Restrictions on Use

You may not, without our express written consent:

• Copy, reproduce, modify, adapt, or create derivative works based on the MotoStaq platform, features, or design
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service
• Scrape, crawl, spider, harvest, or use any automated means to access, extract, or collect data or content from the platform
• Frame, mirror, or embed any portion of the MotoStaq website without written permission
• Use MotoStaq's name, logos, trademarks, or branding in any way that implies endorsement, affiliation, or sponsorship without written consent
• Replicate, imitate, or create a substantially similar platform using the same feature set, design patterns, or branding concepts (including but not limited to AI-powered part identification combined with a motorcycle parts marketplace, numbered seller badge programs, or similar AI garage/toolkit features in the motorcycle parts vertical)

16.3 User-Generated Content

Users retain ownership of content they post (photos, descriptions, reviews). By posting content on MotoStaq, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to use, display, reproduce, distribute, and promote your content in connection with the Service, including marketing and social media. You represent and warrant that you own or have the necessary rights to all content you upload, and that such content does not infringe on any third party's intellectual property rights.

16.4 DMCA & Copyright Infringement

MotoStaq respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content on MotoStaq infringes your copyright, submit a written notice to [email protected] containing:

• Identification of the copyrighted work you claim is infringed
• Identification of the infringing material and its location on MotoStaq
• Your contact information (name, address, phone, email)
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

We will investigate and take appropriate action, including removing infringing content and terminating repeat infringers. False DMCA claims may result in legal liability.

16.5 Enforcement

MotoStaq actively monitors for and enforces its intellectual property rights. Unauthorized use of MotoStaq's intellectual property may result in civil litigation seeking injunctive relief, actual damages, statutory damages, and attorney's fees under applicable federal and state intellectual property laws.

17. Anti-Scraping & Automated Access

You may not use bots, scrapers, crawlers, spiders, or any automated system to access, monitor, copy, or extract data from MotoStaq without our prior written consent. This includes but is not limited to scraping listings, user data, pricing information, or AI-generated content. Violation of this section constitutes unauthorized access under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and may result in civil and criminal penalties.

18. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

You and MotoStaq agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

Class action waiver: YOU AND MOTOSTAQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found to be unenforceable, the entire arbitration agreement shall be void.

The arbitration will be conducted in San Diego County, California, or remotely via video/phone at the arbitrator's discretion. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Opt-out: You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of creating your account. If you opt out, disputes will be resolved in the courts of San Diego County, California.

19. Indemnification

You agree to indemnify, defend, and hold harmless MotoStaq, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your listings, your transactions, or your violation of these Terms.

20. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOTOSTAQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

MOTOSTAQ IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES YOU PAID TO MOTOSTAQ IN THE 12 MONTHS PRECEDING THE CLAIM.

MOTOSTAQ IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ACCURACY OF ANY LISTING, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THE CONDITION OF ITEMS UPON DELIVERY. MOTOSTAQ DOES NOT INSPECT, VERIFY, OR GUARANTEE ANY ITEM LISTED ON THE PLATFORM. ALL TRANSACTIONS ARE BETWEEN BUYERS AND SELLERS. MOTOSTAQ'S ROLE IS LIMITED TO PROVIDING THE MARKETPLACE PLATFORM AND PAYMENT PROCESSING.

21. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration under Section 18, such dispute shall be resolved exclusively in the state or federal courts located in San Diego County, California. You consent to personal jurisdiction in these courts.

22. Termination

We may suspend or terminate your account at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Any pending transactions will be completed or refunded at our discretion. Sections regarding liability, indemnification, arbitration, and governing law survive termination.

23. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform at least 14 days before taking effect. Continued use of MotoStaq after changes take effect constitutes acceptance. If you disagree with updated Terms, you must stop using the Service.

24. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

25. Contact

Questions about these Terms? Contact us at [email protected]