Terms of service

USER AGREEMENT AND TERMS AND CONDITIONS

USE OF THE PRODUCTS AND HELBIZ SERVICES (AS DEFINED BELOW) OF HELBIZ, INC. (“HELBIZ”), INCLUDING ACCESS OF OR USE OF ITS VEHICLES (AS DEFINED BELOW), OR ACCESS TO THE WEBSITE OR ACCESS TO THE MOBILE APPLICATION (“APP”), AND/OR ANY PRODUCT OR SERVICE RELATED TO USE OF ITS VEHICLES, IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE USING THE HELBIZ SERVICES.  BY USING THE HELBIZ SERVICES, YOU ARE AGREEING TO THESE TERMS, INCLUDING THAT YOU ARE OF LEGAL AGE TO ENTER INTO BINDING CONTRACTS.

 

PLEASE NOTE THAT THIS AGREEMENT MAY BE SUPPLEMENTED BY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO (I) THE COUNTRY AND/OR CITY IN WHICH YOU RESIDE OR USE HELBIZ SERVICES AND (II) THE VEHCILE OR HELBIZ SERVICE THAT YOU INTEND TO USE.  PLEASE CHECK (I) THIS [LIST] TO SEE IF THERE ARE ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE USE OF HELBIZ SERVICES FOR YOUR COUNTRY AND/OR CITY IN WHICH YOU RESIDE OR USE HELBIZ SERVICES AND (II) THIS [LIST] TO SEE IF THERE ARE ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE VEHICLE OR HELBIZ SERVICES YOU INTEND TO USE.  YOU UNDERSTAND THAT ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE USE OF HELBIZ SERVICES OUTSIDE OF YOUR COUNTRY OF RESIDENCE MAY BE IN A LANGUAGE OTHER THAN THE LANGUAGE OF THIS AGREEMENT, AND AGREE THAT IT IS YOUR RESPONSIBILITY TO UNDERSTAND SUCH TERMS AND CONDITIONS REGARDLESS OF THE LANGUAGE IN WHICH THEY ARE WRITTEN.

 

ARBITRATION NOTICE: THIS AGREEMENT REQUIRES THAT ALL DISPUTES BE RESOVLED INDIVIDUALLY BY BINDING ARBITRATION.  IT ALSO INCLUDES A CLASS ACTION WAIVER.  THE ARBITRATION CLAUSE, THEREFORE, AFFECTS YOUR LEGAL RIGHTS.  PLEASE READ IT CAREFULLY.  YOU HAVE A RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "RIGHT TO OPT OUT" SECTION.

 

  1. 1. SCOPE OF AGREEMENT

Helbiz provides micro-mobility solutions around the world. Helbiz is proud that its vehicles (including electric scooters, electric bikes, automobiles, mopeds, or other vehicles that Helbiz makes available from time-to-time on its App (“Vehicles”)) help to reduce the collective carbon footprint while offering a convenient transportation solution. Please note that Helbiz is not a common carrier, Helbiz offer the Helbiz Services as a convenience to those who are able and qualified to operate them, and alternative means of public and private transportation are available to you and the general public.

This User Agreement and Terms and Conditions (collectively, the “Agreement”) is a legally binding agreement between you (“you” or “your”) and Helbiz, Inc., (“Helbiz”). This Agreement states the material terms and conditions that governs your use of Helbiz Services.

This Agreement, together with all updates, supplements, additional terms, and all of Helbiz’s rules and policies posted on Helbiz’s website (including our Privacy Policy) collectively constitute this “Agreement” between you and Helbiz. Helbiz’s services are comprised of the following: (1) Helbiz mobile application (“Helbiz App”) and related website, (2) Helbiz’s Vehicles and (3) all other related equipment, personnel, services, applications, websites and information provided or made available by Helbiz (collectively referred to as “Helbiz Services” or “Services”).

Helbiz agrees to allow you to rent the Vehicles and use the Helbiz Services, 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 U.S. dollars. Although Helbiz will set any exchange rates used by Helbiz in connection with payments or this Agreement at Helbiz’s sole discretion based on market rates, you agree that there is no single source for determining market rates and such exchange rates may vary by up to 5% from the noon-buying rate for such non-US currency as published by the Federal Reserve Bank of New York .

In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to your use of the Services (in each such instance, and collectively, “Additional Terms”). As noted above, these Additional Terms may apply to where you reside and/or use Helbiz Services (please see the [list] of countries and/or cities where Additional Terms apply) or the type of Vehicle or Helbiz Services that you use (please see the [list] of Vehicles or Helbiz Services for which Additional Terms apply).  The Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Services, you acknowledge and accept the Helbiz Privacy Policy, and consent to the collection and use of your data in accordance with that Privacy Policy.

 

  1. 2. MODIFICATIONS

Helbiz reserves the right, in its sole discretion, to modify this Agreement and any of its terms (including any Additional Terms), and any other documents incorporated by reference herein, at any time. Helbiz will notify you of any changes by posting them on the Terms pages on Helbiz App, by sending you a message, by SMS if you authorize Helbiz to do so, by alerting you to the changes on the Helbiz App and/or by any other appropriate means. Amendments will become effective when posted on the https://helbiz.com/ (“Helbiz Website”). Any use of Helbiz Services after effectiveness shall constitute your consent to the changes. If you do not agree to the revised Terms, including as amended from time-to-time, please immediately cease using Helbiz Services.

 

  1. 3. PAYMENT AND FEES
    1. 3.1.Fees. You may use Vehicles on a pay-per-ride basis, on a subscription basis (where 

subscriptions are available) or as the pricing is otherwise described in Helbiz App. Please note that Helbiz may change pricing for the Helbiz Services as Helbiz deems necessary or appropriate. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Helbiz. Helbiz will charge your credit card, debit card or other agreed payment methods the amount of the fees as described in this Agreement. 

3.2 Promo Codes. Promo codes (discounts) are one-time offers and can only be redeemed via Helbiz App. Helbiz reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

3.3 Subscriptions. If available in your area, you may use certain Helbiz Services as described on the App by purchasing a Helbiz subscription. There are three tiers of subscriptions, a monthly subscription, weekly pass, and daily pass. There are some additional rules about subscriptions:

 

  • Your Helbiz subscription will begin on the date your first payment is received, and Helbiz’s third-party payment processor will charge your preferred payment method within 30 days of authorization. Your subscription will continue for the period of time you selected at sign-up (or month-to-month if no period was specified for some reason).
  • Subscription Inclusions:

 

  • Each scooter and bicycle ride made under the Helbiz subscription have a maximum duration of 30 minutes.  In addition:

 

  • Monthly Subscriptions include: 100 rides per month, Helbiz Live and the delivery of Helbiz Kitchen 

 

  • Weekly Passes include: 25 rides per month and Kitchen’s delivery.

 

  • Daily Passes include: four (4) rides per month and Kitchen’s delivery. 

 

  • The applicable price is the price at the time you submit your order (Helbiz reserves the right to change prices over time (including for future periods if the subscription is on a recurring basis), and Helbiz does not provide price protection or refunds in the event of a price drop or promotional offering). Helbiz will automatically bill and charge you each month during the term of your subscription.

 

  • Helbiz may offer a variety of membership plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up. Some of these are offered by third parties, and Helbiz is not responsible for their products and services. With free trials, some credit card companies may place a temporary hold on your payment method for your first payment.

 

  • Helbiz reserves the right to modify, terminate or otherwise amend any subscription membership plans.

 

  • Helbiz may cancel your subscription for any or no reason on 30 days’ prior written notice to you. You may do the same, but if it is in the middle of your subscription term, you will not receive a refund for partial months and it may mean you forfeit any membership fee. Helbiz may also cancel your subscription if you fail to pay amounts due, or if you are in material breach of this Agreement.

 

  • Helbiz Monthly subscription will automatically renew at the then-current prices for the same length of time as your original membership term. It will continue indefinitely unless you cancel it before the end of your then-current subscription term. Helbiz’s pricing and applicable taxes and fees may change over time, so the pricing from one subscription term to the next may be different. Helbiz reserves the right to change subscription pricing at any time. Helbiz will give you notice of such change first (this might be in-App or other electronic communication). If you don’t agree with the new pricing, you can cancel your subscription.

 

  • You have 60 days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges.

 

3.4 Maximum Rental Time and Charges. Except as otherwise described in section 3.4, maximum rental time is one (1) hour. You agree that you will deactivate the Vehicle rental within one (1) hour of time that rental began. You may then rent again. You agree that you are solely responsible for being aware of any elapsed time related to the timely online closure of a Vehicle ride/rental. The maximum day charge is $25 for each Vehicle, based on a calendar day. After online closure/return of the Vehicle, you will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Vehicles not returned (online closure of a ride concluded within service zone) within 48 hours will be considered lost or stolen, and you may be charged for the replacement cost of such Vehicle with the latest model of such Vehicle and an administrative fee in connection with the replacement, and a police report may be filed. Helbiz may also charge a service fee of $200 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.

3.5 Valid Credit Card or Debit Card. You must input a valid credit or debit card number or other approved payment method and expiration date before you will be registered to use the Helbiz Services. You represent and warrant to Helbiz that you are authorized to use any cards you furnish to Helbiz. You authorize Helbiz to charge the card for all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Helbiz. If you dispute any charge on credit or debit card account, then you must contact Helbiz within 10 business days from the end of the month with the disputed charge, and provide to Helbiz all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.

3.6 Preauthorized Funds. In order to avoid or reduce instances of invalid, unauthorized or underfunded credit or debit card use, Helbiz may, in its discretion, elect to place a $1 preauthorization “hold” on your credit card or debit card prior to each ride. Helbiz will cancel such holds at the end of each ride and will charge you an amount equal to the cost of the ride itself. However, your use of the remaining preauthorized funds may be restricted until released by your bank.

3.7 Pick Up Fees. If you are unable to return a Vehicle to a valid area, and request that the Vehicle be picked up by Helbiz staff, Helbiz, at its sole discretion, may choose to charge you a pick-up fee up to $100 in addition to any third-party fines or fees discussed in Section 3.8 below. If any Vehicle rental accessed under your account is abandoned without notice, or you move to a location outside of the valid operating area, you will be responsible for all Trip Fees until the Vehicle is recovered and deactivated, plus a service charge ($100) to recover the Vehicle. Fees are subject to change.

3.8 Third-Party Fines and Fees. When you are using Helbiz’s Services, you must comply with the laws that apply to you. If you receive a ticket or a fine, cause a Vehicle to be towed and/or impounded or receive any other penalties or fees, you are responsible for the associated costs. Helbiz cooperates with all governmental officials in their enforcement of the applicable laws, and for expediency Helbiz may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies or private service providers. If Helbiz does so, you are required to pay Helbiz back plus the administrative fee discussed in Section 3.4 plus any applicable costs associated with third party collection or administrative agents if Helbiz uses them to resolve the issue. By agreeing to this Agreement, you agree that Helbiz may charge these amounts to your preferred payment method indicated in your account, and Helbiz may need to contact you for additional information.

 

  1. 4. ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

You may access limited parts of the Helbiz Services, such as its website and Helbiz App, without registering for an account. To access and participate in certain Helbiz Services, however, including without limitation, to renting, unlocking and locking a Vehicle, you must create a password-protected account (a “Helbiz Account”). You may register for a Helbiz Account using an email address and phone number and creating a secure password, or if Helbiz makes such features and functionalities available, through certain third-party social networking sites by using existing login credentials and passwords for sites such as Facebook.  Helbiz may require, or you may otherwise provide, a valid debit or credit card or other approved payment method as well as other requested information depending on the Helbiz Service (for example, a driver’s license may be required in some jurisdictions). You agree to provide accurate, current, and complete information during the registration process and at all other times when you use the Helbiz Services.  You also agree to update your information at all times to keep it accurate, current, and complete. 

You are solely responsible for safeguarding your Helbiz password. You are also solely responsible for all activity that occurs on your Helbiz Account, and you agree to notify Helbiz immediately of any suspected unauthorized use.  To the maximum extent allowed by law, Helbiz is not liable for any losses by any party caused by unauthorized use of your Helbiz Account.  You also agree that: (i) you may register for only one account at any point in time, (ii) Helbiz Accounts may not be transferred to any other person or entity, and (iii) all rights to your Helbiz Account terminate upon death.  Upon receipt of a certified copy of a death certificate, your Helbiz Account may be terminated, and its contents (if any) permanently deleted.

Helbiz has the right to provide your various account details (like billing, account, content or use records and related information) if required by law (which may include mandatory data sharing with governments), and to protect Helbiz’s rights, customers, or business.

 

  1. 5. RENTAL AND USE OF HELBIZ SERVICES

5.1 You are Sole User. Helbiz and you are the only parties to this Agreement. You are the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that, when you activate a Vehicle, the Vehicle must be used only by you. You may have one (1) companion rider (“Authorized Rider”) with you ONLY ON A MOPED, who may sit with you on the moped seat, provided they do not operate the Vehicle. You must not allow others to use a Vehicle that you have activated.

5.2 You are At Least 18 Years Old. You represent and certify that you are at least 18 years old and that you are thus legally able to enter this contractual Agreement. Helbiz does not authorize or agree to the use of the Vehicle by persons under the age of 18, even if the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By authorizing use of the Service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service. Operation or use of Vehicle product by any minors not at least 18 years old is expressly prohibited under this Agreement, as use of electric scooter and moped products by younger riders on public streets or around traffic has long been recommended against by Helbiz, which advises and recommends that any rider must check local laws applicable to Vehicle use, avoid public streets and vehicular traffic, and avoid use in reduced visibility conditions.

5.3 You are a competent operator, physically and mentally fit to ride Vehicle. You represent that you have the adequate skill level to operate the Vehicle. You represent and certify that you are familiar with the operation of the Vehicle and is reasonably competent and physically fit to ride the Vehicle. Persons with any mental or physical conditions (temporary or permanent) that may make them susceptible to injury, impair their physical dexterity or mental capabilities to recognize, understand and follow safety instructions and to understand the hazards inherent in the product’s use, should not use or be permitted to use products inappropriate for their abilities.  Persons with heart conditions, head, back or neck ailments (or prior surgeries to these areas of the body), or pregnant women, should not operate Vehicles or similar products.

By choosing to ride a Vehicle, you assume all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including darkness or impaired visibility, fog, rain, snow, hail, ice, or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust your riding behavior and braking distance to suit the weather and traffic conditions and are also advised to recognize that riding in low visibility conditions decreases your ability to see and be seen, thus enhancing risks of injury associated with the use of riding products, especially on public streets and around vehicles or pedestrians.

5.4 The Vehicle is the Exclusive Property of Helbiz. You agree that the Vehicle and any equipment attached thereto, at all times, remains the exclusive property of Helbiz. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other equipment of Helbiz in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other equipment of Helbiz for any advertising or similar commercial purpose.

5.5 Operating Hours and Availability. You agree and acknowledge that if the Vehicles are only available during specific operating hours established in a particular market, such operating hours will be communicated clearly in the Helbiz App in such market. 

You agree and acknowledge that Vehicles are not available all the time. Vehicles require periodic charging of their batteries in order to operate. You agree to use and operate the Vehicle safely and prudently and comply with all restrictions and requirements associated with the Vehicles provided by Helbiz from time to time. You understand and agree with each of the following:

  • The level of charge power remaining will decrease with use (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities may decrease (or cease in their entirety).
  • The level of charging power at the time you initiate the rental or operation is not guaranteed and will vary with each rental use.
  • The rate of loss of charging power during use is not guaranteed and will vary based on the particular scooter, bicycle or moped, road conditions, weather conditions and other factors.
  • It is your responsibility to check the level of charge power in Helbiz App and to ensure that it is adequate for the ride before initiating operation.

Helbiz does not guarantee the distance and/or time that you may operate the Vehicle before it loses charging power completely. A Vehicle may run out of charging power and cease to operate at any time during your rental, including before reaching your desired destination.

Please understand that for supply and related reasons, Helbiz reserves the right to accept or reject your reservation requests, and your receipt of Helbiz’s confirmation does not necessarily equal acceptance or constitute confirmation of Helbiz’s offer to make the Services available in any particular instance. If your reservation via the App is rejected after your request, you will receive the applicable refund assuming your payment method was charged in the first place. If pricing in the App turns out to be incorrect for any reason, Helbiz reserves the right to cancel or reject a corresponding reservation and will issue you the applicable refund.

5.6 Use and/or Operation only in electronically restricted areas. In markets that have in electronically restricted areas, you agree to only use, operate and/or ride the Vehicle in electronically restricted areas. Vehicles may be equipped with capabilities which restrict usage to limited geographic areas and may cease to operate if ridden or removed from the Vehicle’s electronically restricted range. Vehicles may also be equipped with technology that reduces your speed in certain areas or otherwise alters the Vehicle’s functionality.

5.7 You Must Follow Laws Regarding Use and/or Operation of Vehicles on Public Land. You agree to follow all laws pertaining to the use, riding and/or operation of Vehicles, including all state and local laws and the rules and regulations pertaining to such vehicles in the area where you are operating the Vehicle, including without limitation any helmet laws. There is no “universally applicable” national law governing operation of motorized scooters and laws therefore can and do differ in different locales.

5.8 Vehicle is Intended for Only Limited Types of Use. The Vehicle is intended for use on, and you agree to only use it on, flat, dry surfaces such as pavement or level ground, without loose debris such as sand, leaves, rocks or gravel. Wet, slick, bumpy, uneven or rough surfaces may impair traction and contribute to possible accidents. Watch out for potential obstacles that could catch your wheel or force you to swerve suddenly or lose control. Avoid sharp bumps, drainage grates, or sudden surface changes.

5.9 Weight Limit. You must not exceed the maximum weight limit for each Vehicle. The bicycle and scooter have a maximum weight of 250 ponds. The moped has a total maximum weight of ___ pounds for You, Authorized Rider, and any cargo.

5.10 No Tampering. You must not tamper with, disassemble, or attempt to gain unauthorized access to the Vehicle. You must not use the AA or other equipment of Helbiz other than for purposes of using a Vehicle pursuant to this Agreement.

5.11 Reporting of Damage or Crashes. You must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to Helbiz as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, you shall file a report with the local police department within 24 hours. You agree that s/he may be held responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle, except for as excluded in Section 10.8.

5.12 Your Responsibility for Use and Damage. You agree to return the Vehicle to Helbiz in the same condition in which it was rented. You will not be responsible for normal wear and tear.

5.13 Your Responsibility to Lock the Vehicle. If the Vehicle has a retractable or removable lock, you are responsible for securing the Vehicle to a bicycle rack or other appropriate and lawful location using the lock to protect against theft of the Vehicle unless another method of locking is explicitly permitted by the system rules applicable in Your market. You agree to ensure that when a Vehicle is not in use the retractable or removable lock is at all times securely attached to the Vehicle, if removable, and a proper rack or other appropriate and lawful location and not only to the Vehicle. You shall not leave any Vehicle unattended at any location at any time for any reason, unless it is secured as specified above. You shall not use any other locking mechanism other than what is provided by Helbiz. You shall not lock and/or leave the Vehicle in a location where it cannot be accessed by Helbiz, nor in a location outside the designated service area or in violation of any applicable law, Section 2.8 or Prohibited Acts. While using any Helbiz Service, you agree that you shall not:

  • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
  • solicit money from any other user of Helbiz, including any rider;
  • “stalk” or otherwise harass any person;
  • express or imply that any statements you make are endorsed by Helbiz without Helbiz’s specific prior written consent;
  • directly or indirectly, for yourself, other users or through other persons, conceal the identity, source, or destination of any illegally gained money or products;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” download, or in any way reproduce or circumvent the navigational structure, presentation, or other data or information displayed or accessible on Helbiz App and Helbiz Website, including but not limited to, the location or status of Vehicles;
  • collect usernames and/or email addresses of other Helbiz users or riders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Helbiz App and Helbiz Website;
  • interfere with or disrupt the Helbiz Services or the servers or networks connected to the Helbiz Services, including Helbiz App and Helbiz Website;
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Helbiz computer software or hardware or telecommunications equipment;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Helbiz Services (either directly or indirectly through use of third party software);
  • “frame” or “mirror” any part of the Helbiz Services without Helbiz’s prior written authorization;
  • use meta tags or code or other devices containing any reference to Helbiz, the Helbiz Services (or any of Helbiz’s trademarks, trade names, service marks, logos or slogans) to direct any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Helbiz Services or any software used on or for the Helbiz Services, or cause others to do so;
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Helbiz Services other than solely in connection with your use of the Service in accordance with this Agreement;
  • undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Helbiz Services, or that is intended to promote or has the effect of engaging in illegal activities, fraud, or that is defamatory, libelous or otherwise objectionable;
  • directly or indirectly promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • directly or indirectly request money from, or otherwise defraud, other Helbiz Services users;
  • engage in any conduct that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities) to Helbiz or Helbiz users;
  • take video, audio, photographs, or images of another Helbiz user without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Helbiz;
  • provide instructional information about illegal activities including how to damage Helbiz property or Vehicles or the property of other Helbiz users;
  • provide information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • solicit passwords or personal identifying information for commercial, fraudulent or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
  • publicize or promote commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes, without Helbiz’s prior written consent;
  • attempt to indirectly engage in any of the above-listed conduct;
  • ride with a second person on a Vehicle;
  • use a Vehicle in connection with a criminal act;
  • place any bags or other tangible things on the handlebars or other areas of the Vehicle that interfere with the proper and safe operation of such Vehicle;
  • fail to follow local rules and regulations, including yielding to pedestrians on the public right of way;
  • park a Vehicle in any area that is prohibited by law or which interferes with the public use of public right of way;
  • take a Vehicle out of a public area, for example, taking a Vehicle into a building or other structure without Helbiz’s express permission;
  • interfere, either directly or indirectly, with a Vehicle’s GPS, wireless or other technology;
  • remove any component of a Vehicle including any system designed to track Vehicle location or ride duration;
  • ride a Vehicle without payment through any device, scheme or artifice;
  • use a Vehicle to propel or tow any vehicle, trailer, or other object;
  • use a Vehicle to transport animals of any kind or nature or any other persons;
  • use a Vehicle to in any type of race or competition, or to perform tricks;
  • use a Vehicle while under the influence of drugs, alcohol, medication or any other substance capable of interfering with your judgment, reflexes or safe use of such Vehicle;
  • use a Vehicle in a negligent or abusive manner or in a manner that is outside the scope of such Vehicle’s ordinary and intended functionality and purpose (violating a traffic law, or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred);
  • use a Vehicle in inclement weather, including heavy rain, snow, electrical storms or strong wind, which make it more dangerous to operate such Vehicle;
  • use a Vehicle to while texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Vehicle that may distract from driving safely; 
  • do anything to the Vehicle that impedes a subsequent authorized rider from using it and
  • carry any briefcase, backpack, bag or other item if that item impedes your ability to operate the Vehicle safely.

5.14 Safety. Even where not required by law, Helbiz recommends that you wear a helmet any time you use any of Helbiz’s bikes, scooters, and mopeds preferably Snell, CPSC, ANSI or ASTM-approved. It should be sized, fitted and fastened per manufacturer instructions. Two (2) helmets are provided for with all Mopeds, one (1) for You and (1) one for an Authorized Rider. Helmets and other protective gear are no guarantee against personal injury. Helmets are required by law in some areas, so definitely wear one if those laws apply to you. If you choose not to wear a helmet and are injured as a result, Helbiz is not responsible. 

Helbiz does its best to keep each Product in good condition, but you are responsible for performing a safety check on a Vehicle before you use it, including all of these:

  • Did you check its general condition (wheels, tires, etc.)?
  • Do its brakes and lights (including signal lights for a moped) work?
  • Are the seat, pedals and basket properly attached if it is a bike?
  • Is there a helmet if it is a moped?
  • Are the mirrors intact if it is a moped?
  • Is the battery charged if it is electric?
  • Is there any other sign of damage, unusual or excessive wear or is maintenance needed?

Something could have happened to the Vehicle since its condition was last checked, and Helbiz needs you to tell Helbiz if something is not working properly if you notice it before Helbiz does. If you notice any of these or other issues in a Vehicle before your use, do not use it. Reserve another one instead. If you notice something during use, stop your trip as safely as you can and as soon as possible. If you do not report these issues, Helbiz may have to attribute them to you, including holding you responsible for any associated costs, so please tell Helbiz if anything you see doesn’t look right.

 

  1. 6. TERM AND TERMINATION

6.1. Term.  This Agreement shall be in force until terminated as described below or as otherwise provided in this Agreement.

6.2. Termination by You. You may terminate this Agreement at any time by terminating your account with Helbiz. 

6.3. Return of Property Upon Account Termination. If your account is terminated, you will immediately return any Vehicle, or other property of Helbiz that you have in your possession. You will be charged for the value of any property of Helbiz that you fail to return as well as all costs (including attorneys’ fees and costs) that Helbiz incurs in attempting to recover its property from you.

6.4. Account Suspension or Termination.  Helbiz may, in its sole discretion, with or without cause, with or without prior notice to you and at any time, decide to limit, block, suspend, deactivate or cancel your Helbiz Account or your access to the Helbiz Services in whole or in part. If Helbiz exercises Helbiz’s discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Helbiz Services or receive assistance from Helbiz support teams; and (b) if appropriate in its sole discretion, Helbiz may communicate to other users or third parties that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken.

6.5  Survival of Certain Terms. Provisions that by their nature are intended to survive the termination of this Agreement or your use of the Helbiz Services will survive, including but not limited to those on “Assumption of Risk, Releases, and Disclaimers of Warranties” (Section 9) and “Binding Arbitration and Class Action Waiver” (Section 10).

 

  1. 7. MESSAGING, SMS OR TEXT MESSAGES

By creating a Helbiz Account, you agree that Helbiz may send you text (SMS) messages and/or email messages as part of the normal business operation and your use of the Helbiz Services or Helbiz Services. Such uses include, without limitation, to provide you with information you requested from Helbiz, to let you know about features, functions, improvements or changes to the Helbiz Services, or other aspects of your Helbiz Account. These text (SMS) messages and/or email addresses may be automated or non-automated, and while Helbiz does not charge you to send or receive such messages, other message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages and/or email messages from Helbiz at any time by contacting its team at ask@helbiz.com, though Helbiz may still send you messages that are required for the proper functioning of the Helbiz Services.  If you do not wish to receive any messages from Helbiz, you must terminate your Helbiz Account and cease using the Helbiz Services. You acknowledge that opting out of receiving text (SMS) and/or email messages may impact your use of and ability to fully use the Helbiz Services.

 

  1. 8. YOUR LICENSE TO USE THE HELBIZ SERVICES

Subject to your continuing compliance with these Terms, Helbiz grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Helbiz Services. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Helbiz Services or any content contained on Helbiz App ore related website, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Helbiz or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted herein are reserved by Helbiz and Helbiz’s licensors.

 

  1. 9. ASSUMPTION OF RISK, RELEASES, AND DISCLAIMERS OF WARRANTIES

THIS SECTION CONTAINS PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

9.1 Assumption of Risk. You acknowledge and agree that riding a Vehicle and use of the Helbiz Service is an inherently dangerous activity that involves both obvious and non-obvious risks of physical harm, including the risk of death and disability to you and others, as well as damage to property and person, and that these types of risks can be unforeseeable and sometimes cannot be avoided. You are solely responsible for any and all injury or damage caused by your use of a Vehicle, the Helbiz Services and/or any related equipment or services that are a part of, relate to or concern your use of a Vehicle, regardless of whether the injury or damage is caused to yourself or to others. You therefore assume full and complete responsibility for your use of a Vehicles or the Helbiz Services and agree that Helbiz is not responsible for any injury, damage, harm or cost that you cause that is related to or arises out of your use of a Vehicles, the Helbiz Services and/or any equipment or services that are a part of, relate to or concern your use of a Vehicle or the Helbiz Services including damage to the Vehicle itself.

9.2. Limitation on Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE HELBIZ SERVICES OR ANYTHING THAT RELATES TO OR CONCERNS YOUR USE OF A VEHICLE OR THE HELBIZ SERVICES, REMAINS WITH YOU. NEITHER HELBIZ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HELBIZ SERVICES, INCLUDING THE VEHICLES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THIS AGREEMENT; (II) THE USE OF OR INABILITY TO USE THE HELBIZ SERVICES AND/OR ANYTHING THAT RELATES TO OR CONCERNS YOUR USE OF A VEHICLE; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE HELBIZ SERVICES; (IV) ANY AND ALL USES OF THE HELBIZ SERVICES INCLUDING THE WEBSITE, MOBILE APPLICATION, PRODUCTS AND SERVICES (INCLUDING THE VEHICLES) AND/OR  (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE HELBIZ SERVICES INCLUDING THE VEHICLES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HELBIZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL HELBIZ’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH HELBIZ, THIS AGREEMENT, YOUR USE OF THE HELBIZ SERVICES OR ANYTHING RELATING TO OR CONCERNING YOUR USE OF A SCOOTER, MOPED OR OTHER HELBIZ VEHICLE EXCEED THE AMOUNTS YOU HAVE PAID TO HELBIZ IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HELBIZ AND YOU.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9.3 Disclaimer of Express and Implied Warranties. HELBIZ’S WEBSITE AND MOBILE APPLICATION, ALL OF THE SERVICES, VEHICLES AND ANYTHING RELATING TO YOUR USE OF A VEHICLE ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” AND YOU USE THEM SOLELY AT YOUR OWN RISK. HELBIZ DOES NOT REPRESENT OR WARRANT THE FUNCTIONALITY OF ANY VEHICLE, ANY HELBIZ SERVICE OR THAT ANY VEHICLE OR ANYTHING RELATING TO YOUR USE OF A VEHICLE WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, HELBIZ DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES.  IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9.4 Release of Liability. You acknowledge that use of Helbiz’s Vehicles and any related equipment or materials, is an inherently dangerous recreational activity.  You, on behalf of yourself, your family, your heirs, your agents, your affiliates, your representatives, your successors, your guardians and your assigns (collectively the “Releasing Parties”), agree to release Helbiz and the Released Parties (as defined below) from any and all injuries, demands, losses, damages, costs, loss of service, expenses, compensation, claims, suits, causes of action, obligations, rights, and liabilities of any nature, type, or description, whether known or unknown, contingent or vested, in law or in equity, including but not limited to, property loss or damage, personal injury or loss of life, based on direct or vicarious liability, and regardless of legal theory, that: (a) relate to, are based on, concern, or arise out of your use of a scooter, bicycle, moped, or any Helbiz Service, Helbiz website and/or Helbiz Materials; (b) relate to, are based on, concern, or arise out of any of the equipment that Helbiz provides to You (collectively the “Claims”). “Released Parties” as used herein means Helbiz, Inc., and each of their respective current and former parents, subsidiaries, divisions, and current and former affiliated individuals and entities, legal successors, predecessors (including companies they have acquired, purchased, or absorbed), assigns, joint ventures, and each and all of their respective officers, investors, partners, directors, servants, agents, shareholders, members, managers, principals, investment advisors, consultants, employees, representatives, attorneys, accountants, lenders, underwriters, and insurers.  This Release is intended to a general and complete release of all Claims and all Released Parties may plead the existence of this Release as a full and complete defense to any Claim.

You hereby acknowledge that you have been advised of and fully understand the provisions of California Civil Code Section 1542 which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Having been so advised, Releasing Party nevertheless elects to and does assume all risks for Claims known or unknown, suspected or unsuspected, heretofore arising from the use of Vehicles, equipment and anything relating to such use, and specifically waives any rights it may have under Section 1542, as well as under any other statute or common-law principle in any jurisdiction with a similar effect.

YOU ACKNOWLEDGE THAT YOU ENTER INTO THIS RELEASE FREELY, KNOWINGLY, AND VOLUNTARILY, AND THAT YOU INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES.

9.5 Indemnification. You agree to indemnify and hold Helbiz, its predecessors, successors, subsidiaries, affiliates, and each of its directors, shareholders, investors, employees and authorized agents harmless from and against all third-party claims arising out of or in any way relating to any injury, illness, death or loss of or damage to property allegedly suffered as a result of your use of the Helbiz Services including the Vehicles or anything that relates to or concerns your use of Helbiz Services, including the Vehicles.

 

  1. 10. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

10.1 Initial Dispute Resolution. The application contains means to receive support and address any concerns you may have regarding your use of Rental Services. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

10.2 Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by a mutually agreed upon arbitrator or arbitration service.

The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Helbiz will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

10.3 Location. The arbitration will take place in New York City, New York or a mutually agreed upon location.

10.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND HELBIZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

10.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

10.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 32 Old Slip, 32nd Floor, New York NY 10005. The notice must be sent within 30 days of your first use of Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Helbiz also will not be bound by them.

10.7 Changes to this Section. Helbiz will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

10.8 Orlando Waiver. Notwithstanding the foregoing, In the City of Orlando, the customer waives any and all claims against the City and releases the City, its elected and appointed officials, and employees from any and all liability related to, or arising from, operation of the bike or the bike share system. For Orlando users, to the extent this Section 10.8 conflicts with another section in this Agreement, section 10.8 shall apply govern. 

 

  1. 11. FEEDBACK

By sending Helbiz any feedback, comments, questions, or suggestions concerning Helbiz or Helbiz Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending Helbiz any Feedback, you further (i) agree that Helbiz is under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that Helbiz may have something similar to the Feedback already under consideration or in development, (iii) grant Helbiz an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, sublicense or otherwise exploit the Feedback, and (iv) irrevocably waive, and cause to be waived, against Helbiz and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Helbiz Account or termination of the Helbiz Services, if any.

 

  1. 12. Additional Terms of Use

12.1 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) Vehicle is not returned within 24 consecutive hours, (b) Vehicle’s GPS unit is disabled, (c) Vehicle is parked on private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) Vehicle moved from the dock after a rental has ended and Helbiz believes such movement was not caused by another rider or authorized third party, or (d) other facts and circumstances that suggest to Helbiz in its reasonable, good faith determination that a Vehicle has been lost or stolen. Helbiz and you agree that the last rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Helbiz in its reasonable, good faith determination. If Helbiz deems a Vehicle lost or stolen, Helbiz shall have the authority to take any and all actions it deems appropriate (with respect to the last rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Vehicle by a rider. 

12.2 Vehicle Routes. You agree that Helbiz does not provide or maintain places to ride Vehicles, and that Helbiz does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, Vehicle lanes, and Vehicle routes may become dangerous due to weather, traffic, or other hazards.

12.3 Limitations on Availability of Service. Helbiz makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances (including blackouts and internet service provider, network and software errors and viruses) might prevent Helbiz from providing the Service. Access to the Service is also conditioned on the availability of Vehicles as well as availability of internet or data services or other factors outside of Helbiz’s control. Helbiz does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. You agree that Helbiz may require you to return a Vehicle at any time.  You agree that if you have a subscription under Section 3.3 and are unable to use a Vehicle for the reasons stated above you shall not be entitled to a refund for those occasions when you are not able to use a Vehicle.

12.4 License to Image and Likeness. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you do hereby knowingly, voluntarily, and irrevocably: (1) give your full and unconditional consent to Helbiz and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, your appearance and voice in photographs, videos, and other recordings related to your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Helbiz and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record your appearance and voice related to your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Helbiz may decide in its sole and absolute discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge Helbiz and all Released Parties from all Claims that you have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by you in this paragraph.

12.5 Access License. Subject to your strict compliance with this Agreement and the Additional Terms, Helbiz grants you a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a “Device”) for Your personal, non-commercial use only. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Helbiz’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Helbiz to you. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Helbiz’s sole and absolute discretion, and without advance notice or liability.

12.6 Copyright and Ownership. All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Helbiz, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of Helbiz or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

12.7 Trademarks/No Endorsement. All trademarks, service marks and trade names of Helbiz used herein (including but not limited to: HELBIZ name, HELBIZGO name, HELBIZBIKE name, Helbiz corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered trademarks of Helbiz or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Helbiz trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Helbiz’s prior written consent. You shall not use Helbiz’s name or any language, pictures or symbols which could, in Helbiz’s judgment, imply Helbiz’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

12.8 Solicited Submission Policy. Where Helbiz has specifically invited or requested submissions or comments, Helbiz encourages you to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Helbiz that they have created for consideration in connection with the Helbiz Website and Helbiz App (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on Helbiz Website and Helbiz App, you expressly grant Helbiz a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Helbiz shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

12.9 Inappropriate User Submissions. Helbiz does not encourage, and does not seek, User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Helbiz will reject any User Submissions in which Helbiz believes, in its sole and absolute discretion, that any such activities have occurred. If notified by you of a submission that allegedly violates any provision of this Agreement, Helbiz reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.

12.10 Inappropriate Material. You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that Helbiz may have at law or in equity, if Helbiz determines, in its sole and absolute discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Agreement, Helbiz may take any action Helbiz deems necessary to cure or prevent the violation, including, without limitation, banning you from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. Helbiz will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Helbiz to disclose the identity of anyone posting such materials.

12.11 Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without Helbiz’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Helbiz’s sole and absolute discretion an unreasonable or disproportionately large load on Helbiz’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures Helbiz may use to prevent or restrict access to the Services.

12.12 Right to Takedown Content. Except as disclosed in Helbiz’s Privacy Policy, Helbiz will not monitor, edit, or disclose the contents of your e-mail or Content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Helbiz or the Services; (2) protect and defend the rights or property of Helbiz, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of Helbiz’s users, the Services, or the public. Users shall remain solely responsible for the content of their messages and Helbiz shall have no obligation to prescreen any such content. However, Helbiz shall have the right in yur sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, Helbiz shall have the right to remove any material that Helbiz finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Agreement access to the Services or any part thereof.

12.13 User Published Content. User published Content and User Submissions do not represent the views of Helbiz or any individual associated with Helbiz, and Helbiz does not control this Content. In no event shall you represent or suggest, directly or indirectly, Helbiz’s endorsement of user published Content. Helbiz does not vouch for the accuracy or credibility of any user published Content on Helbiz’s Services or User Submissions published through Helbiz’s Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Services and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using  Helbiz’s Services, You assume all associated risks.

12.14 Third Party Links. From time to time, the Services may contain links to websites that are not owned, operated or controlled by Helbiz or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither Helbiz nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Helbiz nor any of its respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Services, you do so entirely at your own risk.

12.15 Transactional Partners. In some cases, Helbiz partners with another company to co-promote their services within Helbiz’s Services. In these cases, you are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their Agreement are posted. When using these partner pages, you are bound by the partner Agreement in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s agreement, Helbiz’s Agreement will prevail.

12.16 Representations and Warranties. You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this Agreement. In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant Helbiz all of the rights granted herein; and (b) Helbiz’s use of your user submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

12.17 Choice of Law; Venue. Any dispute that arises out of or relates to this Agreement or the breach thereof that is not governed by the mandatory arbitration agreement, shall be governed by the law of the State of New York without regard to or application of choice of law principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in New York for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. For any action not subject to mandatory arbitration pursuant to Section 10 above, the prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.

12.18 Notices. You must provide any notice required in accordance with this Agreement via your Account or the following email address: ask@helbiz.com, except in cases where this Agreement directs communications to a more specific email address. Helbiz’s routine communications regarding the Helbiz Services and any legal notices will be sent to you either electronically (via your Account, your email address on record or by text message to your mobile device using the number you provided), by United States mail or by courier, except that Helbiz may give notice of an amendment to the Agreement by posting the notice on Helbiz Website, your Account, or by email to the email address on record.

12.19 Data Breach Notification. Notwithstanding your determination to opt-out of receiving electronic messages or cease use of the Helbiz Services, you agree that in the event an incident occurs in which a third party obtains unauthorized access to your personal data provided to Helbiz, you agree that should Helbiz become legally obligated to provide notice of such unauthorized access, then Helbiz may provide such notice to you electronically by using the email address or mobile telephone number provided by you.       

12.20 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Helbiz without restriction. Any assignment attempted to be made by you in violation of this Section shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns. No delay or omission by Helbiz to exercise any right or power occurring upon any noncompliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Helbiz of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Helbiz may freely assign this Agreement and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.

12.21 Severability. If any part of this Agreement other than the arbitration provision and class action waiver set forth in Section 10, above, is found invalid or unenforceable by a court of competent jurisdiction, then if practicable, the parties will substitute a valid provision that most closely approximates the intent and economic effect of the invalid provision(s).  If a practicable substitution cannot be made, then the parties agree to sever the invalid provision(s), leaving the remainder of the Agreement in full force and effect.

12.22 Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet or cellular data, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.

12.23. Entire Agreement. This Agreement (including any terms and conditions or policies incorporated herein) constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, that is not contained in this Agreement. Helbiz is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Helbiz.

12.24  Third-Parties. You agree that, except as otherwise expressly provided in this Agreement, you have no third-party beneficiaries to this Agreement.  The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. Helbiz does not endorse these third party services and content and Helbiz is not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or BlackBerry Limited (or similar entities) will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices (or the devices of such other similar entities), respectively. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.

12.25 Sections. The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.26  Contact Helbiz.   Helbiz is always here to help, and there are many ways to reach Helbiz.  you can reach the Helbiz customer support team at +1 (619) 313-5812 through email at ask@helbiz.com, through Helbiz’s website at https://helbiz.com/, or through the “report an issue” section of Helbiz App. You can even reach Helbiz by mail at 32 Old Slip, 32nd Floor, New York, NY 10005.

12.27 Network Access and Devices.  You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. Helbiz does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

12.28 Your Personal Information. Helbiz’s collection and use of personal information in connection with the Services is set forth in the Privacy Policy found on Helbiz’s website. Helbiz and/or its third-party contractors monitor the location, charge (for electric Vehicles) and fuel status, odometer and other driving information (for car-sharing vehicles), and Helbiz may collect information regarding your use of the Services, subject to Helbiz’s Privacy Notice.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of the Section “ASSUMPTION OF RISK, RELEASES, AND DISCLAIMERS OF WARRANTY”, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
 

I certify that I am the rider, I am 18 years old or over, I will wear a helmet where required by law, except for a moped, when I may be accompanied by an Authorized Rider, I will not ride a Vehicle with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.