User Agreement, Waiver or Liability and Terms of Service

Bond Mobility, Inc.

Last Revised: June 5th 2020

Bond Mobility, Inc.

1. User Acknowledgment and Acceptance of Agreement

User Acknowledgement. This User Agreement, Waiver of Liability and Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and Bond Mobility, Inc. (“Bond,” “We,” “Us,” or “Our”). The Agreement includes the material terms and conditions that govern Your use of Our Services (Defined below). In addition, when using particular Services, users shall be subject to any posted guidelines or local laws and rules applicable to such Services that may contain terms and conditions in addition to those in this Agreement. You may not be impaired while using the Services.

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.BY COMPLETING THE TRIP REGISTRATION PROCESS VIA OUR APP (“APP”) AND USING THE SERVICES, YOU ACKNOWLEDGE READING THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT, PLEASE DISCONTINUE THE USE OF THE SERVICES AND EXIT THE APP. YOUR REMEDY FOR DISSATISFACTION WITH ANY SERVICES AND/OR APP IS TO IMMEDIATELY STOP USING THE SERVICES AND APP. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY SERVICES AND/OR APP.

Acceptance of Agreement. This Agreement is effective as of the date designated as “Last Revised” above. We reserve the right to change the Agreement from time to time without notice to You. You acknowledge and agree that it is your responsibility to review this Agreement periodically and to be aware of any modifications. Your continued use of our Services and/or App after such modifications will constitute your acknowledgement and acceptance of the modified Agreement.

As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, subsidiaries, officers, directors, suppliers, partners, sponsors, advertisers, employees, and all parties involved in creating, producing, and/or delivering the Services. If you have any questions or concerns regarding this Agreement, please contact Us via email at Support@bond.info.

2. Description of Services; Use of Services; Information Provided

Description of Services. We provide various services including rentals of e-bikes (“Services”). The bikes, helmets and related equipment shall remain the sole and exclusive property of the Company (“equipment”). You are responsible for providing, at your own expense, all equipment necessary to use the Services such as a mobile device, Internet access (including payment of service fees associated with such access), and safety equipment. Some jurisdictions require certain individuals to wear a helmet. For Your convenience, we include a helmet in the e-bike basket. You MUST wear a helmet for your safety while using the Services regardless of whether legally required by law or not. If a helmet is missing, please contact our customer support at Support@bond.info, and refrain from using the Services until a helmet is available to you.

We reserve the sole right to either modify or discontinue the Services, including any features, at any time with or without notice to You. We shall not be liable to You or any third party should We exercise such right. Modifications may include changes in the pricing structure, the addition of fee-based services, or changes to limitations on Services. Any new features that augment or enhance the then-current Services shall also be subject to this Agreement.

You understand and agree that temporary interruptions of the Services or App may occur as routine events. You further understand and agree that We may not have control over third party networks You may access in the course of the use of the Services or the App, and therefore, delays and disruption of other network transmissions are completely beyond Our control.

Use of Services. You certify that You are familiar with the operation of the Services, and that You meet the behavioral, legal, and physical requirements to use the Services. You represent and certify that you are in a state of physical and mental health to operate the Services safely. You must not use the Services while impaired in any way such as by alcohol, medication or drugs or in any other condition which impairs Your responsiveness (e.g. fatigue or illness). You must have the physical ability to use the equipment safely, and not have any physical disability which prevents the safe use of the Services (e.g. blindness). You represent and certify that You are at least 18 years of age.

Some jurisdictions require You to hold a current and valid driver’s license or other license that gives you permission to operate the equipment legally. Our App will ask for a representation of this license where required; in such cases you are obliged to provide a representation of your license via the App, and you must cease use of the Services in the case that the provided license is no longer valid.

You agree to inspect the equipment prior to use to assess safety and usability. If the condition of the equipment is not suitable for use, You must discontinue further use of the Services immediately and contact Our customer support. If defects, damage or other irregularities occur which may impair the continuation and/or safety of the ride, You must stop using our Services contact Our customer support immediately. Repairs are performed exclusively by Our team and Our contracted parties and may not be performed by users or unauthorized third parties. If the equipment cannot be located at the location specified in the App, You must contact Our customer support immediately. Accordingly, You are responsible for inspecting the equipment prior to use and prepare for any obvious and not so obvious dangers and/or hazards such as traffic, weather conditions, road conditions, pedestrians, vehicles or similar environmental conditions that may make it risky to use the Services. You understand and agree that the Services available are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Prohibited Use: You certify and expressly agree not to use the Services for the following situations:

You agree not to tamper with the equipment, its GPS device or any technology equipment that is Our property. We may suspend Your use of the Services at any time and/or demand the return of the equipment if any violations are determined or reasonably suspected.

Information Provided. By agreeing to this Agreement, You certify that You are the user of the equipment, that You will not share the equipment with another occupant, and that You will comply with all laws and regulations, including traffic laws, as well as terms and conditions of this Agreement. In addition, You certify that all of the information that You provided in Our App is Your current, legal, full personal information, and that You are at least 18 years of age. You may not allow any third party to use the Services while activated under Your account. If you allow a third party to use the Services under your Account, You will be responsible for any outcomes such as injuries, claims, causes of action, traffic violations, costs and expenses, risks, and damages whether foreseeable or unforeseeable. In case of any traffic violations reported to or observed by law enforcement authorities, We may provide the authorities with the name and contact information of the customer who committed the offense and charge the customer for any expenses incurred.

3. Limitation of Liability; Assumption of Risk; Indemnification

Limitation of Liability. Your exclusive remedy and Our entire liability, if any, for any claims arising out of Your use of the Services and this Agreement shall be limited to the amount You paid Us for the Services during the 12-month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH OUR APP, IF ANY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Your use of the Services is done at Your own discretion and risk and with the understanding and agreement that You will be solely responsible for any injuries, medical conditions, death, or property damage to You and/or any third party.

YOU UNDERSTAND THAT BIKING IS AN INHERENTLY DANGEROUS ACTIVITY. In consideration of Us allowing You to participate in the Services, You agree to forever release, indemnify and discharge Us and our respective affiliates, subsidiaries, agents, officers, directors, and employees on behalf of Yourself, Your spouse, Your children, Your parents, Your guardians, and Your heirs, assigns, personal representative and estate, and any and all other persons and entities who could in any way represent You.

Assumption of Risk. YOU ACKNOWLEDGE THAT PARTICIPATION IN THE SERVICES ENTAILS BOTH KNOWN AND UNKNOWN RISKS THAT COULD RESULT IN SERIOUS INJURY OR DEATH AND THAT YOU ASSUME SUCH RISK TO YOU AND/OR ANY THIRD PARTY. To the fullest extent permitted by law, You expressly and voluntarily hold harmless, release, acquit, waive any claims against Us or any municipality (and/or University if applicable) including its elected and appointed officials, officers, employees, agents, contractors, and volunteers (“Released Parties”), as well as waive any right or law or regulation that may preserve such rights to claims, and forever discharge Us and agree to hold Our respective affiliates, subsidiaries, agents, officers, directors and employees harmless of and from all manners of action and actions or omission(s), cause and causes of action, suits, debts, damages, judgments, and claims and demands whatsoever, in law or in equity. In case of any incidents whether injurious to person or damaging to property, You must report such incidents as soon as safely possible but no later than 48 hours. We reserve the right to charge You for Your role in any such incident.

Indemnification. You agree to defend, indemnify, and hold Us, Released Parties, and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Services. We reserve the right, at Our own expense, to assume the primary and exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.

4. Mandatory Arbitration and Waiver of Class Action

USE OF THE SERVICES AND/OR APP IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.

Mandatory Arbitration. BY AGREEING TO ARBITRATION, YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

Waiver of Class Action. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH USER AGREES THAT THE USER MUST BRING CLAIMS AGAINST US IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

5. Disclaimer of Warranties

ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE APP MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER AND PHONE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through Your use of the App, You may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. YOU SHALL RELEASE US FROM ANY CLAIMS RESULTING FROM YOUR USE OF THE SERVICES. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Under no circumstances will We or Our Affiliates be liable for any loss or damages caused by Your reliance on information or advice obtained through the App, including Your use of any information. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through the App. In particular, You are urged to consult an appropriate professional licensed in Your jurisdiction before relying on any legal, accounting, or other professional advice or information obtained on or through the App. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Service Definitions

Rental period: The rental period begins at the time of booking the equipment. The booking is completed as soon as the bike has been properly parked within Our business area (see map in App) and the booking has been ended in the app. We reserve the right to terminate any booking at any time for no specific reasons and to demand return of the equipment.

Business Area (Geofence): It is permitted to drive the equipment outside the business area (geofence, see map in app). However, the place of return (ending the rental) can only take place within the business area. Outside the specified business area (geofence) the return of the equipment is not permitted. You will continue to be charged for the rental until the equipment is properly returned within the business area.

Return of Equipment. You must return the equipment at a publicly accessible location (i.e. no backyards, not inside buildings, not underground, not on private property), and if possible at designated equipment parking facilities. Some cities require You to park only at designated areas, as shown in the App, which You are then responsible to do.

Theft protection: The equipment must be properly locked in the App ("lock bike") if left unattended at any time. We report any attempts of theft to law enforcement authorities. Our customer support may contact customers regarding the location of previously rented equipment. Our equipment may be equipped with a physical lock that You will be required to attach to an immovable object suited for the purpose. We may require you to document the locked attachment via a picture of the parked equipment prior to terminating the booking.

GPS and Usage Data: Our equipment is equipped with a GPS tracking system. The GPS data as well as the usage data are stored and can be evaluated by Us at any time. Any data will be processed in accordance with local data protection laws. See the following link to our Privacy Policy.

7. Governing Law and Venue

You submit to the exclusive jurisdiction of the state of Washington and federal courts for or in King County, Washington, and agree that any legal action or proceeding relating to this Agreement must be brought in those courts and shall be governed by Washington law.

8. Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement and understanding between Us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. The Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this Agreement shall be null and void, unless otherwise agreed to in a written agreement signed by You and Us.

9. Refunds

You may cancel Your use of the Services at any time upon written notice to Us. There are no refunds or credits for partial use. If there are any recurring charges, cancellation of any subscription will result in forfeiture of Your payment.

10. Payment

We accept credit or debit card payments that are processed through our payment portal. We do not accept cash, checks or any other method of payment. By agreeing to use the Services, you represent and warrant that You have the legal authorization to use such payment method. Please note that You are the only individual responsible for making payments to the credit or debit card company or third party, if applicable, for any and all charges and related fees.

11. Image and Likeness

By agreeing to this Agreement, You knowingly, voluntarily and irrevocably, give Your consent to Us and our affiliates, successors and assigns, to use Your appearance and/or voice in photographs, videos, and other recording related to Your use of Our Services, including any rights, copyright, title, and interests, for any commercial purpose in perpetuity and waive, release and discharge Us and Our affiliates from any and all claims related to defamation, privacy, security, right of publicity, infringement of intellectual property or violation of any right granted by You under this Agreement.

12. Termination of Use

You agree that we may, in Our sole discretion, terminate or suspend Your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services available immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection therewith.

If during the use of the Services, You use any third-party software or service such as Google Maps API, You agree to be bound by such third-party terms and conditions.