Zero Mobility GmbH - Terms of Use

May 26, 2019

Zero Mobility GmbH, CoC nr: HRB 203124 B Amtsgericht Charlottenburg (Berlin) of Friedenstrasse 97 10249 Berlin, Germany (“GoZero”) offers electric scooters (“Scooters”) to users (“User”) registered in the GoZero App (“GoZero App”).

This agreement (this “Agreement”) comprises the legally binding terms and conditions for Your (as defined here below) use of the services provided by GoZero (the “Services”). For Your use of the Services, GoZero requires that You agree to all terms and conditions in this Agreement.

“Agreement” means this agreement.

“Privacy Policy” means the privacy policy made available by GoZero at www.gozero.eco

“Scooters” means the GoZero electric scooters.

“Services” means the Scooters, Website, GoZero App and its related services as described in and made available through the Website and the GoZero, together with any other related equipment services, and information made available by GoZero.

“GoZero” means Zero Mobility GmbH.

“GoZero App” means GoZero proprietary software applications accessible via computer or mobile device and by which You may access the Scooter.

“Usage Area” means the areas defined and designated in the GoZero App in which the Scooters may be operated.

“User” is the person registered in the GoZero App who operates the Scooter and uses the Services provided by GoZero.

“Website” means the GoZero website www.gozero.eco

“You” means You as a User of the Services provided by GoZero.

Unless otherwise indicated, all monetary values set forth in this Agreement are denominated in Euro (€).

1. General

1.1. Parties

You and GoZero are the sole parties to this Agreement. You are the sole User of the Services and thereby solely responsible for compliance with all terms and conditions set out in this Agreement.

1.2 You are at least 16 years old.

In order to operate a Scooter, You must be at least 16 years of age.

1.3 Using the Services provided by GoZero

In order to use the Services provided by GoZero and to operate the Scooter, You must register an account in the GoZero App. After activating the Scooter through the GoZero App, the rental time starts. In order to stop the rental time, the Scooter must be deactivated through the GoZero App.

1.4 The condition of the User and the responsibilities related to the Scooter

You hereby represent and certify that You are physically fit and reasonably competent to operate the Scooter. You assume all responsibilities and risks for any injuries and/or medical conditions when choosing to operate the Scooter.

You are solely responsible for determining Your general ability, medical condition, weather conditions, including, rain, fog, snow, hail, ice, heat or electrical storms, as well as other factors and conditions that can generate any risk to operate the Scooter.

You understand that, depending on weather, traffic or any other circumstance, uncertainty or other factors, You must adjust, adapt and calculate Your speed, riding behaviour and breaking distance.

You acknowledge that You shall conduct a basic safety check of the Scooter, including an inspection of the Scooters wheels, brakes, lights, frame, battery level, and a check for visual damage and any unusual or excessive wear of any kind.

You agree not to operate the Scooter if there are any noticeable issues, and to immediately notify GoZero in accordance with section 7 below.

1.5 The Services are the exclusive property of GoZero

You agree that the Services provided and made available by GoZero, always, remain the exclusive property of GoZero. You may not in any way use GoZero’s exclusive property for commercial or any other purposes without GoZero’s written consent.

1.6 The Scooter may only be operated in certain areas

In order to use the Services and operate a Scooter You must register and activate a Scooter through Your GoZero App. After activating the Scooter, the rental time commences. In order to stop the rental time of the Scooter, you must deactivate the Scooter through the GoZero App.

The Scooter may only be operated and deactivated within the Usage Area in which the Scooter has been activated. You acknowledge that each Usage Area is subject to change and may vary over time and season. You agree to not use, bring or deactivate the Scooter in any area, including places within the Usage Area, prohibiting its usage. You are not allowed to operate, carry or transfer the Scooter between different Usage Areas.

You understand that roads, sidewalks, and bike lanes may not be suitable places to operate the Scooter and may become increasingly dangerous due to weather, traffic, and/or other hazards You agree that GoZero does not provide or maintain places to operate Scooters, and that GoZero does not guarantee that there will be a safe place to operate the Scooter.

1.7 Availability of the Services

You accept and acknowledge that the Scooters provided by GoZero are not available 24 hours a day, 7 days a week, 365 days per year. Scooters must be rented and deactivated within the maximum rental time stated in section 2.3 below.

The number of Scooters is limited and therefore the Scooter availability is never guaranteed. The availability may also differ between different Usage Areas. You accept that GoZero temporarily may cease operations in some Usage Areas due to seasonal conditions, as well as reasons such as, but not limited to, maintenance demand, which can limit or nullify the availability of the Scooters.

You accept that access to the Services also may be limited or restricted due to seasonal conditions, maintenance, availability of Scooters, force majeure, actions taken by GoZero, and other circumstances which prevents GoZero from providing the Services to You.

You accept that GoZero may require You to deactivate a Scooter at any time.

1.8 Local laws and regulations regarding operation of the Scooter

You agree to operate and deactivate the Scooter in compliance with any locally applicable laws, regulations and rules pertaining the operation of the Scooter in the Usage Area in which You are operating the Scooter. You understand that You as the User are solely responsible and liable for any violation of any laws, regulations and rules while using the Services and operating the Scooter.

1.9 Restrictions, limitations and safety measures while operating a scooter

You agree not to operate the Scooter while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the Scooter. You agree not to use any device while riding a Scooter, including, but not limited to, mobile telephones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the Scooter.

You agree not to operate the Scooter while carrying any items that might impede Your capacity of safely operating the Scooter, including but not limited to, backpacks, bags, briefcases or other packages.

You are not permitted to carry a second person, child or animal on the Scooter. You may not in any way lock or hide the Scooter unless the Scooter is activated by You. To be fit for immediate operation by other users the Scooter must be deactivated and parked at the same place You rented and activated it from. When operating the Scooter GoZero recommends You to wear a CE-standard, equivalent or a higher standard helmet that has been properly sized and fitted for You, or any other suitable protective equipment.

While operating the Scooter You may never exceed the maximum weight of 100 kg (kilograms) The maximum weight includes all items carried by You in compliance with this Agreement. You agree not to use the Scooter for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding. You agree not to operate the Scooter on unpaved roads, in mountainous terrain, through water and/or ponds, or in any location that is prohibited, illegal and/or a nuisance to any third party.

1.10 Unauthorized use, tampering and hacking

The GoZero App, Website and the Scooter may only be used for the purposes pursuant to this Agreement. You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair, any GoZero material or hardware, source-codes, information, including the GoZero App, Website and Scooter, for any purposes.

1.11 Reporting incidents

You must report any accident, crash, damage or personal injury to GoZero as soon as possible. If a crash involves third party personal injury, property damage, or any other third-party damages, You shall report the incident to the local police department as soon as possible. This also applies if the Scooter is lost or stolen while activated by You.

1.12 Lost or stolen Scooter

You must report stolen or lost Scooter to GoZero immediately or as soon as possible. The Scooter activated by You may be considered lost or stolen if:

1. the Scooter is not deactivated in accordance with this Agreement within the maximum renting period,

2. the Scooter’s GPS unit is disabled,

3. the Scooter is parked in violation with this Agreement, i.e. not in the place where You rented it from for more than ten minutes after deactivation,

4. the Scooter moves after deactivation has ended and GoZero has reason to believe such movement was not caused by another User or authorized third party, or

5. other facts and circumstances that in good faith and with reason suggest that a Scooter has been lost or stolen.

If GoZero deems a Scooter lost or stolen, GoZero shall have the authority to take any actions appropriate towards the last User of the Scooter. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with the local authorities.

GoZero and You agree that the last User of the Scooter shall be responsible for a lost or stolen Scooter unless circumstances presented to GoZero provide enough evidence to free the last User from responsibility.

1.13 Responsibility for damages

You agree to return the Scooter to GoZero in the same condition in which it was rented. You will not be responsible for normal wear and tear that occurs while using the Scooter in accordance with this Agreement.

You agree that GoZero can hold You responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind related to a stolen or lost Scooter.

1.14 The Scooter is an electric vehicle

You acknowledge that the Scooter is an electric vehicle that requires being handled safely and prudently. You acknowledge that the Scooter needs periodic charging in order to operate. You understand and agree with each of the following:

It is Your responsibility to check the battery level on the Scooter to ensure that it is adequate before initiating the operation of the Scooter. The battery level remaining in the Scooter will decrease with operation of the Scooter, and the operational capabilities and speed may decrease or cease in their entirety as the level of the battery decreases.

The decrease rate of the battery level may vary and differ from time to time due to factors such as Scooter and battery condition, weather conditions, road conditions and/or other varying factors.

GoZero does not guarantee any battery level in the Scooter by the time you activate it. You also understand that the battery level will vary with each rental.

GoZero does not guarantee that the Scooter will not run out of power during Your rental. The distance, speed and/or time that You may operate the Scooter before power level is null is not in any way guaranteed by GoZero.

2. Payment and fees

2.1 Fees

The rent of the Scooter is on a pay per ride basis or otherwise in accordance with the pricing described in the GoZero App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by GoZero. The amount of the fees as described in this Agreement or in the GoZero App will be charged by GoZero on Your credit or debit card or any other agreed payment methods.

2.2 Discounts and promotion codes

Promotion codes (discounts) are one-time offers and can only be redeemed via in the GoZero App. GoZero reserves the right to, without notice, modify or cancel discounts at any time without notice. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and will not be resold or refunded.

2.3 Charges and rental times

The maximum renting period is 24 hours. You agree that You will deactivate the Scooter and thereby end the rental before exceeding the maximum renting period. After deactivating the Scooter, You may initiate a new renting period by activating the Scooter again. You acknowledge that You are solely responsible for deactivating the Scooter within the maximum renting period.

The maximum charge for a full (00:00 to 00:00) days rental is €29. At midnight, 00:00, a new day starts. After deactivating the scooter or midnight (00:00), whichever comes first, You will be charged the accumulated rental charges for that days rent, or the maximum daily rental charge; whichever is less.

Scooters that are not deactivated within the maximum renting period will be considered lost or stolen, and You may be charged up to €500. GoZero may also file a police report. GoZero may also charge a service fee of €75 for rentals in excess of the maximum renting period where the Scooter is not lost or stolen.

2.4 Recovery fees

If You are unable to deactivate the Scooter at the same place you activated it in, in a valid spot (i.e. You deactivate the Scooter on private property, a locked community, an unreachable area, outside the Usage Area or otherwise in violation with this Agreement), and request the Scooter to be recovered by GoZero staff, GoZero at its sole discretion, may choose to charge You a recovery fee up to €75.

If any Scooter that is activated under Your account is abandoned without notice, You will be responsible for all trip fees until the Scooter is recovered and deactivated, plus a service charge (currently €75) to recover the Scooter. All fees are subject to change.

2.5 Payment methods

In order to use the Services authorized by GoZero You must provide GoZero with information and details to a valid credit or debit card. By providing GoZero with the information and details of a valid credit or debit card You represent and guarantee GoZero that You are authorized to use the card of choice. All fees that occur due to Your actions will be charged to the provided credit or debit card. All fees are subject to applicable taxes and other local government charges, these may also be charged and collected by GoZero. In order to dispute any charges by GoZero to the credit or debit card provided by You, You must contact GoZero within 2 months from the date of the disputed charge. You must provide GoZero with all the information that GoZero finds necessary to evaluate the disputed charge, such as the date of use and the approximate starting and ending times of the trip. You agree to without any delay, inform GoZero of all changes related to the credit or debit card which you authorized GoZero to charge.

3. Disclaimers, limitation of liability and assumption of risk

3.1 Disclaimers

You do hereby acknowledge and agree that Your use of the Services and operation of the Scooter is at Your sole risk. GoZero provides the Services with no warranties whatsoever.

You do hereby recognize and acknowledge that the Services may present You with inaccuracies regarding the Services, such as, for example but not limited to, the Scooter’s condition and that it may not run error free.

3.2 Limited liability

You do hereby acknowledge and agree, with the limitation of applicable law, that GoZero is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services.

You do hereby acknowledge and agree that GoZero is not responsible or liable for any breach of this Agreement or Your violation of any applicable law while using the Services.

3.3 Your assumption of risk

You are always solely and fully responsible for the safe operation of the Scooter.

You agree that Scooters are electric vehicles that may malfunction, even if the Scooter is properly maintained, and that such malfunction may cause injury. You agree that riding a Scooter and using the Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property. You agree that such risks, dangers, and hazards cannot always be predicted or avoided and that they are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by local law or utilize other protective gear. You agree that You are liable for all resulting injuries, damages, and related cost, when using any of the Services. By choosing to operate the Scooter, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that GoZero are not responsible for any injury, damage, or cost caused by You with respect to any person or property, including the Scooter itself.

3.4 Indemnification

You will indemnify and hold GoZero free from all losses, suits, claims or other proceedings relating to or arising out of Your use of the Services and any breach of the terms of this Agreement.

4. Privacy

By using the Services, You acknowledge and accept that GoZero use Your personal data in accordance with the GoZero Privacy Policy, made available at GoZero: www.gozero.eco/privacy

5. Term and termination

5.1 Term

The terms of this Agreement between You and GoZero, enters into force from the first time You use the Services provided by GoZero and is in force for as long as You use the Services. The term ends 10 years after Your last use of the Services provided.

5.2 Termination of the Agreement by GoZero

GoZero may, without Your consent, and without any notice or cause, at any time and for any duration unilaterally terminate Your right to use the Services. You may terminate Your use of the Services at any time; provided, however, that:

no refund will be provided by GoZero, the term of this Agreement continues in accordance with this Agreement, and You may still be charged any applicable additional fees in accordance with this Agreement.

This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Service, regardless of how the Agreement is terminated.

6. Disputes

Any and all disputes regarding this Agreement shall be made in written form to the contact information given in section 8 below.

7. Contact

GoZero can be contacted by emailing info@gozero.eco or by regular mail to GoZero’s physical address Zero Mobility GmbH, Friedenstrasse 97, 10249 BERLIN, Germany.

8. Governing law and jurisdiction

You agree that any disputes arising out of or relating to the Agreement, the breach thereof, or the subject matter thereof, unless otherwise required by a mandatory law in any other jurisdiction, shall be governed by the laws of Belgium and be settled exclusively by Belgian courts, with the first instance Court of Antwerp.

9. Entire Agreement and modifications

You acknowledge that this Agreement contains the complete, final, and exclusive integrated agreement between You and GoZero with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time, without Your consent, GoZero may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any prior notice or cause.

By continuing to use any of the Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The pricing set forth on in the GoZero App supersedes all pricing set forth in this Agreement.

10. Voluntary execution and interpretation of the Agreement

You acknowledge that You as the User of the Services provided by GoZero voluntarily have read and understand the terms and consequences of the Agreement, and that You are fully aware of the legal and binding effect of the Agreement.

You acknowledge that the headings in this Agreement do not affect the interpretation of the Agreement. “Or” is not exclusive in its meaning and “Including” means “including, but not limited to.”