GLYDE USER AGREEMENT & TERMS OF SERVICE
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to GLYDE Mobility AB.
GLYDE Mobility AB is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) GLYDE mobility AB, and doing business as GLYDE (“GLYDE,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services, which is to offer electrical mobility services to people registered in the GLYDE App.
For Your use of the Services, GLYDE requires that You (“You”) agree to all terms and conditions in this Agreement, as applicable.
- “Agreement” means this agreement.
- “Electrical vehicle” means the GLYDE electrical scooters, mobility service or similar sharing mobility hardware being rent from GLYDE.
- “Services” means the Electrical vehicle, Website, GLYDE App and its related services as described in the Website and the GLYDE App, and made available through the Website or the GLYDE App, together with any other related equipment services, and information made available by GLYDE.
- “Usage Area” is the areas defined and designated in the GLYDE App in which the Electrical vehicle may be operated and made available.
- “GLYDE” means GLYDE Mobility AB, business registration number 559153-3897, Blommensbergsvägen 156, SE-126 55 Hägersten Sweden.
- “GLYDE App” means GLYDE proprietary software applications accessible via computer or mobile device and by which You may access the Electrical vehicles.
- “Website” means the GLYDE website https://www.glyde.pm
We agree to allow You to rent the Products, subject to the terms and conditions set forth in this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Euro (€).
Last Updates to Our User Agreement & Terms of Service: January 1, 2019.
1.1 Parties to the Agreement.
You and GLYDE are the sole parties to this Agreement. You are the sole user of the Services and thereby You are solely responsible for compliance with all terms and conditions set out in this Agreement. You must not allow any others to operate the Electrical vehicle.
1.2 You are at least 18 years old.
You represent and certify that You are at least 18 years of age, and that You have a valid driver’s license.
Operation or use of any Electrical vehicle by any minor is expressly prohibited. If you allow a minor to use an Electrical vehicle by activating it through your account, you shall be responsible for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.
1.3 You and the Electrical vehicle is in good shape
You hereby represent and certify that You are physically fit and reasonably competent to operate the Electrical vehicles. You assume all responsibilities and risks for any injuries or medical conditions when choosing to operate the Electrical vehicles.
You are solely responsible for determining Your general ability, medical condition, weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, and/or other factors that can generate any risk to operate a Electrical vehicle. You understand that you, depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behaviour and braking distance.
You acknowledge that You shall conduct a basic safety check of the Electrical vehicle, including an inspection of the Electrical vehicle wheels, brakes, lights, frame, battery level, check for visual damage and any unusual or excessive wear of any kind. You agree not to operate the Electrical vehicle if there are any noticeable issues, and to immediately notify GLYDE in accordance with article 7 below.
1.4 The Services is the exclusive property of GLYDE.
You agree that the Services, e.g. the Electrical vehicle, the GLYDE App, the Website, information including all associated intellectual property rights, provided and made available by GLYDE, at all times, remain the exclusive property of GLYDE and You may not in any way use GLYDE’s exclusive property for commercial or any other purposes without GLYDE’s written consent.
1.5 Availability of the Services.
You accept and acknowledge that the Electrical vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Electric vehicles must be rented and deactivated within the maximum rental time of 24 hours. If exceeded, GLYDE has the sole right to charge an extra fee of up to 10 EUR per exceeded hour. The number of Electrical vehicles are limited and Electrical vehicle availability is never guaranteed. Availability may differ between different Usage Areas. You accept that GLYDE temporarily may cease operations in some Usage Areas, and thereby limit or nullify the availability of the Electrical vehicles, due to seasonal conditions in that Usage Area, as well as reasons such as, but not limited to, maintenance and demand.
Access to the Services may also be limited or restricted due to seasonal conditions, maintenance, availability of Electrical vehicle, force majeure, actions taken by GLYDE, and other circumstances preventing GLYDE from providing the service in designated area.
You accept that GLYDE may require You to deactivate an Electric vehicle at any time.
1.6 Electrical vehicles may be only be operated in certain designated areas.
In order to use the Services and operate a Electrical vehicle, You must register and activate an Electrical vehicle through Your GLYDE App. After activating the Electrical vehicle, the rental time initiates. In order to stop the rental time of the Electrical vehicle, you must deactivate the Electric vehicle through the GLYDE App. You cannot activate or deactivate any Electric vehicle that is, by any reason, placed or taken outside the Usage Area.
You agree to only operate and deactivate the Electrical vehicle within the Usage Area in which it has been activated. You acknowledge that each Usage Area is subject to change and may vary over time and season. The usage area will be visible through the GLYDE app. You agree to not use, bring or deactivate the Electrical vehicle in any area, including places within the Usage Area, prohibiting its usage. You are not allowed to operate, carry or transfer the Electrical vehicle between different Usage Areas. You are not allowed to operate the Electrical vehicle in restricted areas which is mapped out in the GLYDE app.
You agree that GLYDE does not provide or maintain places to operate Electrical vehicle, and that GLYDE does not guarantee that there will be a safe place to operate an Electrical vehicle. You understand that roads, sidewalks, and bike lanes may not suitable to operate the Electrical vehicle and may become increasingly dangerous due to weather, traffic, and/or other hazards.
1.7 You agree to comply with local laws and regulations regarding operation of the Electrical vehicle.
You agree to operate, and deactivate the Electrical vehicle in compliance with any locally applicable laws, regulations and rules pertaining the operation of Electrical vehicle in the Usage Area where you are operating the Electrical vehicle. You understand that you are solely responsible and liable for any violation of any laws, regulations and rules while using the Services and operating the Electrical vehicle.
1.8 Restrictions, limitations and safety measures while operating an Electrical vehicle.
You agree to not operate the Electrical vehicle while carrying any items that might impede Your ability to safely operate the Electrical vehicle, including but not limited to, backpacks, bags, briefcases or packages. You agree not to operate a Electrical vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate an Electrical vehicle.
You are not permitted to carry a second person, child or animal on the Electrical vehicle.
While operating an Electrical vehicle, You must not use any mobile device, including but not limited to, telephones, smartphones, headphones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the Electrical vehicle.
You may not in any way lock or hide the Electrical vehicle unless the Electrical vehicle is activated. When the Electrical vehicle is returned and deactivated, the Electrical vehicle must be fit for immediate operation by other users.
The Electrical vehicle must be deactivated and parked in lawful areas, i.e. the Electrical vehicle cannot be parked on private property, in a locked area/non-public space or in conflict with local traffic and/or other regulations. When Deactivated and parked, the Electrical vehicle must be in a visible space.
GLYDE recommends that You wear a CE-standard, equivalent or a higher standard helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when operating the Electrical vehicle. You must always follow the local law regarding safety standards.
You may never exceed the maximum weight of 100 kg (kilograms) while operating the Electrical vehicle. The maximum weight includes all luggage or other items carried by You in compliance with this Agreement.
You agree that You will not use the Electrical vehicle for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding. Breach of these terms may include fine, suspension or report to the police.
You agree that You will not operate the Electrical vehicle 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.
1.9 Unauthorized use, tampering and hacking.
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair, any GLYDE material or hardware, source-codes, information, including the GLYDE App, Website and Electrical vehicle, for any purposes. The GLYDE App, Website and the Electrical vehicle may only be used for the purposes pursuant to this Agreement.
1.10 Reporting incidents.
You must report any accident, crash, damage, personal injury, stolen or lost Electrical vehicle, to GLYDE as soon as possible. Reports can be made by mailing to email@example.com or in GLYDE app.
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 Electrical vehicle is stolen while activated by You.
1.11 Lost or Stolen Electrical vehicle.
A Electrical vehicle activated by You may be considered lost or stolen if
- a) the Electrical vehicle is not deactivated in accordance with this Agreement within 24 consecutive hours,
- b) the Electrical vehicle GPS unit is disabled
- c) the Electrical vehicle is parked in violation with this Agreement, i.e. in a locked area, outside the Usage or designated Area or in a non-public space for more than ten minutes after deactivation
- d) the Electrical vehicle moves after deactivation has ended and GLYDE has reason to believe such movement was not caused by another user or authorized third-party
- e) other facts and circumstances that in good faith and with reason suggest that a Electrical vehicle has been lost or stolen.
You must report Electrical vehicle disappearance or theft to GLYDE immediately or as soon as possible.
GLYDE and You agree that the last operator of an Electrical vehicle shall be responsible for a lost or stolen Electrical vehicle unless circumstances presented to GLYDE provide sufficient evidence to free the last operator from responsibility.
If GLYDE deems an Electrical vehicle lost or stolen, GLYDE shall have the authority to take any and all actions it deems appropriate towards You, the last operator of an Electrical vehicle, the Electrical vehicle or other applicable subject. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with local authorities.
1.12 Responsibility for damages.
You agree to return the Electrical vehicle to GLYDE in the same condition in which it was rented. You will not be responsible for normal wear and tear.
You agree that You are responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind or nature whatsoever related to a stolen or lost Electrical vehicle.
1.13 Electric vehicle.
You acknowledge that the vehicles rented and borrowed through GLYDE app is an electric vehicle that requires being handled safely and prudently in regards to being an electronic product. You acknowledge that the Electrical vehicle is in need of periodic charging in order to operate. You understand and agree with each of the following:
The battery level remaining in the Electrical vehicle will decrease with operation of the Electrical vehicle, and that operational capabilities and speed may decrease or cease in their entirety as the level battery level decreases.
GLYDE does not guarantee any battery level in the Electrical vehicle at the time you activate it. You also understand that the battery level will vary with each rental.
The decrease rate of the battery level may vary and differ from time to time due to different factors such as Electrical vehicle and battery condition, weather conditions, road conditions and/or other varying factors.
It is Your responsibility to check the battery level in the Electrical vehicle to ensure that it is adequate before initiating operation of the Electrical vehicle.
Any distance, speed and/or time that You may operate the Electrical vehicle before power level is null is not in any way guaranteed by GLYDE. GLYDE does not guarantee that the Electrical vehicle will not run out of power during Your rental.
2. PAYMENT AND FEES
Your rent of the Electrical vehicle is on a pay per ride basis or as otherwise in accordance with the pricing as described in the GLYDE App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by GLYDE. GLYDE will charge Your credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement or in the GLYDE App.
The Fees may be converted to credits, which can be used to rent Our Electrical vehicles. However, the ratio between credit and currency is not 1:1, and can only be used to operate the Electrical vehicle for a limited period of 30 days. The credits are non-transferable and may not be resold or refunded. GLYDE reserves the right to modify or cancel credits at any time without notice.
You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls and/or any other charges incurred by GLYDE that result from your parking any Vehicle improperly, or as a result of your violating any law, rule, regulation, and/or ordinance while using an Electric vehicle. You agree that GLYDE may, in its sole discretion, pay all tickets, citations, fines and/or penalties on your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.
2.2 Discounts, Free Trials and Promotional Offerings.
Promotion codes (discounts) are one-time offers and can only be redeemed via GLYDE App. GLYDE reserves the right to 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 may not be resold or refunded.
2.3 Charges and rental times.
Maximum time per rental time with the Electrical vehicle is 24 hours. You agree that You will deactivate the Electrical vehicle and thereby end the rental within 24 hours from activation. After deactivating the Electrical vehicle, You may initiate a new rental by activating the Electrical vehicle again. You acknowledge that You are solely responsible for deactivating the Electrical vehicle within the 24 hour time frame. The maximum charge for a full 24 hour rental is €100. After deactivating the Electrical vehicle, You will be charged the accumulated rental charges, or the maximum 24 hour rental charge; whichever is less. Electric vehicles which are not deactivated within 24 hours will be considered lost or stolen, and You may be charged up to €1000. GLYDE may also file a police report. GLYDE may also charge a service fee of €200 for rentals in excess of 24 hours where the Electrical vehicle is not lost or stolen.
2.4 Payment methods
You must provide GLYDE with information and details to a valid credit or debit card in order to register to use the Services. You represent and guarantee to GLYDE that You are authorized to use any credit or debit card information You provide. You authorize GLYDE to charge the provided card for all fees that You incur. All fees are subject to applicable taxes and other local government charges, which may be charged and collected by GLYDE.
In the event we use a third-party collection and/or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
In order to dispute any and all charges by GLYDE to the credit or debit card provided by You, You must contact GLYDE within 1 months from the date of the disputed charge, provide to GLYDE any information GLYDE finds necessary, such as the date of the trip and the approximate starting and ending times.
You agree to without any delay inform GLYDE of all changes related to the card which you provided GLYDE.
2.5 Recovery fees.
If You are unable to deactivate an Electrical vehicle in a valid spot (i.e. You deactivate the Electrical vehicle on private property, a locked community, an unreachable area, outside the designated Usage Area or otherwise in violation with this Agreement), and request that the Electrical vehicle be recovered by GLYDE staff, GLYDE, at its sole discretion, may choose to charge You a recovery fee up to €100. If any Electrical vehicle activated under Your account is abandoned without notice, You will be responsible for all trip fees until the Electrical vehicle is recovered and deactivated, plus a service charge (currently €100) to recover the Electrical vehicle. All fees are subject to change.
3. DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK
You do hereby acknowledge and agree that Your use of the Service and operation of the Electrical vehicle is at Your sole risk. GLYDE provide the Services with no warranties whatsoever in regards to the Services.
You do hereby recognize and acknowledge that the Services may present You with inaccuracies in regards to the Services, such as, for example but not limited to, that the Electrical vehicle may be in any condition and may not run error free.
3.2 Limited liability
The GLYDE app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the GLYDE app won’t work properly or at all.
You should be aware that there are certain things that GLYDE Mobility AB will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but GLYDE Mobility AB cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, GLYDE Mobility AB cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, GLYDE Mobility AB cannot accept responsibility.
With respect to GLYDE Mobility AB’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. GLYDE Mobility AB accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
You do hereby acknowledge and agree, with the limitation of applicable law, that GLYDE is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services, a breach of this Agreement, or Your violation of any law while using the Services.
3.3 Your Assumption of Risk.
You are solely and fully responsible for the safe operation of the Electrical vehicle at all times.
You agree that Electrical vehicle are electric machines that may malfunction, even if the Electrical vehicle is properly maintained, and that such malfunction may cause injury. You agree that riding an Electrical vehicle and 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, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that such risks, dangers, and hazards 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 if Your use of any of the Services causes any injury or damage to another person or property, then You may be liable for all resulting injuries, damages, and related costs. By choosing to operate an Electrical vehicle, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that GLYDE are not responsible for any injury, damage, or cost caused by You with respect to any person or property, including the Electrical vehicle itself.
You will indemnify and hold GLYDE free from all losses, suits, claims or other proceedings arising out of or relating to Your use of the Services and any breach of the terms of this Agreement.
5. TERM AND TERMINATION
The term of this agreement enters into force between You and GLYDE from the first time You use the Services provided by GLYDE and is in force for as long as You use the Services provided by GLYDE, and the term ends 12 years after Your last use of the Service.
5.2 Termination of contract by GLYDE.
GLYDE may at any time and for any duration unilaterally terminate Your right to use the Services, without Your consent and without any notice or cause.You may terminate Your use of the Services at any time; provided, however, that
- a) no refund will be provided by GLYDE
- b) the term of this Agreement continues in accordance with this Agreement
- c) 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.
Any and all disputes regarding this Agreement shall be made in written form to the contact information given in paragraph 7.
GLYDE can be contacted by emailing firstname.lastname@example.org, or by mail to GLYDE Mobility AB, Blommensbergsvägen 156, SE-126 55 Hägersten Sweden, Sweden.
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 Sweden and be settled exclusively by Swedish courts, with the Stockholm District Court (Stockholms tingsrätt) as the court of first instance.
9. FINAL AGREEMENT AND MODIFICATIONS
You acknowledge that this Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, GLYDE may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any prior notice or cause. By continuing to use any Service 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 GLYDE App supersedes all pricing set forth in this Agreement.
10. INTERPRETATION AND VOLUNTARY EXECUTION & ACCEPTENCE OF THIS AGREEMENT
You acknowledge that the headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not be exclusive in its meaning. “Including” means “including, but not limited to.”
You acknowledge that You voluntarily have read this Agreement, understand the terms and consequences of this Agreement, and You are fully aware of the legal and binding effect of this Agreement. You certify that You are at least 18 years old, and that You have read and expressly agree to the terms and conditions set forth in this Agreement.