Terms of Service
Effective Date: 2024-08-15
1. Scope and Provider
1.1 These Terms of Service (hereinafter “TOS”) apply to accessing mobile app EBI Bike and bicycle app installed on your BikePlay, and the use of the services offered in EBI Bike and BikePlay by end users. EBI Bike and BikePlay and the services therein are provided by Electric Bicycle Innovation B.V. (“we” or “us”).
2. Acceptance of Terms
2.1 Limitation and liability exemption clauses may be highlighted in bold for your special attention, without prejudicing your sole responsibility of having read and understood this entire TOS.
2.2 When you access EBI Bike and BikePlay and complete the process of user registration, you acknowledge that you have carefully read, fully understood and consented to each provision of the TOS, particularly those provisions that restrict or exempt liabilities. The terms of TOS may be updated or replaced from time to time by feature enhancements, software updates or system restore under product specifications and local law requirements. If you do not understand or agree to any of the terms, you should immediately exit EBI Bike and BikePlay and stop using related services therein.
2.3 You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your country. If you do not meet the age requirement, your legal guardian must provide consent to your use of the EBI Bike and BikePlay.
3. About EBI Bike and BikePlay
3.1 The EBI Bike and BikePlay are developed and produced by us. As between you and us, we own all intellectual property rights in and to the EBI Bike and BikePlay. Except as expressly stated in this TOS, nothing grants to you any rights or interest in any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by us. You only have ownership of BikePlay device that you have purchased, and a limited right to use the apps installed on your phone and BikePlay, but you are not entitled to any other rights or derivative rights.
3.2 The EBI Bike and BikePlay comprise various software and services, as automatically updated by us from time to time at our sole discretion via Wi-Fi or cellular data.
3.3 You confirm and agree that the functions or services contained in EBI Bike and BikePlay may have discrepancies, inaccuracies, deficiencies, or delays and may not be used in emergency circumstances. We will make reasonable efforts to ensure that there is no or only minimal inaccuracy, deficiency, or delay in respect of such functions or services. You acknowledge that we make no undertakings, warranties, guarantees or representations as to whether these services will meet your expectation, or whether the information obtained via these services is accurate or reliable. You also confirm and agree that some of these functions or services may be unavailable at some times and under certain circumstances, for example, the carrier network and/or device settings may prevent EBI Bike and BikePlay from receiving remote commands with respect to the services.
4. Your Use of EBI Bike and BikePlay
4.1 We grant you a global, private, non-exclusive, non-transferable, revocable licence to install, use, access and run a single copy of the App on a single EBI BikePlay in accordance with this TOS for your personal, non-commercial use. Such licence carries no right to sub-license. We may suspend, restrict or terminate (wholly or partially) your rights to use the EBI Bike and BikePlay at our discretion if you breach this TOS.
4.2 All actions carried out using the EBI Bike and BikePlay are deemed to have been conducted by you personally. You bear the consequences of any such actions, and we may, at our discretion, suspend, restrict or terminate your use of EBI Bike and BikePlay (or any part of them) for any breach of your obligations. If you suspect your account of EBI Bike has been compromised, you must report this to us immediately to mitigate any risk of loss to you or to us.
4.3 You are prohibited from any activities on EBI Bike and BikePlay and in connection with the use of their services that violate the TOS, applicable law or morality. In particular, you undertake to comply with applicable law and not to infringe the rights of us or other third parties.
4.4 You must not gain unauthorized access to any portion of EBI Bike and BikePlay, or to any of the services offered on or through the EBI Bike and BikePlay, or to any other systems or networks connected to any our server.
4.5 You must not interfere with or attempt to interfere with the proper operation of EBI Bike and BikePlay and other person’s use of EBI Bike and BikePlay by any means, including but not limited to using any device, software, or program.
4.6 You must not use EBI Bike and BikePlay and content therein to produce, read, copy, or disseminate any information that is illegal, to infringe on any other person’s rights, or to disturb the social order and undermine social stability. You shall not use EBI Bike and BikePlay and content therein to engage in any activity that endangers cyber security and any computer system.
4.7 To the extent permitted by law, you are liable for, and we have no responsibility to you or any third party for, your use of the EBI Bike and BikePlay or any breach of your obligations under the TOS or the consequences of your actions, including any loss or damage which we may suffer.
5. Data Privacy
For specific measures regarding our processing of your personal data, please refer to our privacy policy: https://www.ebibike.com/pages/app-privacy-policy.
6. Links to Third Parties
6.1 The online offering in EBI Bike and BikePlay may contain links to other independent third-party websites or apps, which are provided solely as a convenience to our users. Such linked websites or apps are not under our control, and we are not responsible for and does not endorse the content of such websites or apps. You might need to review and agree to applicable terms of service when using such websites or apps. In addition, a link to third-party website or app does not imply that we endorse the products or services referenced therein.
7. Disclaimer of Warranties and Limitation of Liability
7.1 Without limiting anything else in this TOS and to the extent permitted by applicable law, we and our subsidiaries and affiliated legal entities disclaim and make no guarantees or warranties, express or implied, in respect of the EBI Bike and BikePlay, including for merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. The EBI Bike and BikePlay are provided on an “as is” and “as available” basis and should not be relied upon for any specific purpose. We make no guarantee that the EBI Bike and BikePlay will be error-free, accurate, uninterrupted, timely or secure. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
7.2 You acknowledge that there are inherent risks in using Internet-based services and software which requires the use of the Internet (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any responsibility for any losses (including but not limited to losses in property, revenue, data files, personal data and other aspects or other intangible losses) that you may suffer in the course of using the EBI Bike and BikePlay that arise in connection with events out of our control.
7.3 To the extent permitted by applicable law and subject to clauses 7.5 and 7.6 below, in the event that we incur any liability in connection with this TOS or the operation of EBI Bike and BikePlay and such liability is not otherwise limited or excluded by the terms of this TOS, our liability will be limited to reasonably foreseeable damages.
7.4 Subject to clauses 7.5 and 7.6 below, our overall and aggregate liability to you will be limited to the fees you have paid in respect of the relevant EBI Bike and BikePlay for the month during which the loss or breach occurred (or up to EUR1 if the EBI Apps are free).
7.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
7.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, liability for damages caused by wilful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.
7.7 To the extent permitted by applicable law, the EBI Bike and BikePlay are for domestic and private use, and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.
7.8 Neither Electric Bicycle Innovation B.V. nor any of its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, and/or loss of business, in connection with EBI Bike and BikePlay or the use of or inability to use EBI Bike and BikePlay or reliance on the contents contained herein, even if we are advised of the possibility of such damages. Unless otherwise agreed in writing by us in any sales contract, to the extent permitted by the applicable law, we shall not be liable for the materials of EBI Bike and BikePlay, regardless of the reason of the liability or the tort theory it based on.
8. Applicable Law and Dispute Resolution
8.2 To the extent permitted by applicable law, you and we shall first turn to amicable negotiations to resolve any dispute or issue in relation to EBI Bike and BikePlay arising from this TOS. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent Netherlands Court as the exclusive dispute resolution venue, with the only exception that if the mandatory law and courts in your country provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue, then the courts of your usual place of residence will apply to such disputes related to the TOS. This does not affect your right to start proceedings to protect your legal position.
8.3 The European Commission also provides a platform for online dispute resolution. The platform can be reached at http://ec.europa.eu/consumers/odr/.
9. Change of Terms
We reserve the right to update the TOS from time to time as and when necessary. We will inform you of any revision to the terms of this TOS via email, mail, or EBI Bike and such revision shall take effect from the date as stated therein. You are recommended to regularly check the relevant service page of EBI Bike for the latest versions of the TOS. Subject to applicable law, if you continue to use the products and services of EBI Bike and BikePlay, this shall be deemed to be consent to the change of the TOS.
10. Miscellaneous
10.1 Subject to the applicable law, we have the right to terminate your use of EBI Bike and BikePlay (and thereby this TOS) at any time if you breach the terms of the TOS. Termination will not affect rights, obligations and liabilities accrued before the date of termination.
10.3 If any term of this TOS is found to be invalid or unenforceable, whatever is the cause, the validity of the remaining terms shall not be affected, and they shall continue to be legally binding on you and on us.
10.4 You must comply with any and all applicable domestic and international export laws and restrictions, including any restrictions on destinations, end users and end use. We reserve the right to suspend, restrict or terminate your use of the EBI Bike and BikePlay or any part of them for the purpose of complying with any such export laws and restrictions.
10.5 Complaints, grievances, questions and comments can be asserted or submitted under the contact details stated in the following corporate information.
